HomeMy WebLinkAbout2003-047ORDINANCE NO. 2003-_ " / „w
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH R. J. COVINGTON CONSULTING, LLC FOR CONSULTING
SERVICES RELATING TO TASK ORDER NO. 03-C, REGARDING ADDITIONAL
PROFESSIONAL SERVICES RELATING TO THE DENTON MUNICIPAL ELECTRIC
TRANSMISSION COST OF SERVICE FILING AND HEARING WITH THE PUBLIC
UTILITIES COMMISSION OF TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council deems it in the public interest to engage the firm of R. J.
Covington Consulting, LLC of Austin, Texas ("Covington"), to provide professional consulting
services to the City relating to Task Order No. 03-C, including, without limitation, additional
services incurred by Denton Municipal Electric ("DME") regarding the Transmission Service
Cost of Service ("TCOS") filing and hearing with the Public Utility Commission of Texas; and
WHEREAS, the City staff has reported to the City Council that there is a substantial need
for the above -described specialized professional services, and that limited City staff cannot
adequately perform the services and tasks with its own personnel; and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional
Services Procurement Act", generally provides that a City may not select a provider of
professional services on the basis of competitive bids, but must select the provider on the basis of
demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price;
and
WHEREAS, Covington has represented DME continuously over the past seven years,
and has proven to be a valuable, affordable, competent, dependable professional resource that
has expertise in and is well acquainted with the electric regulatory framework in Texas.
Covington and his staff are particularly familiar with the characteristics and operations of DME;
and
WHEREAS, the City Council has provided in the City Budget for the appropriation of
funds to be used for the purchase of the professional services, as set forth in the Professional
Services Agreement; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
ECTION 1: That the City Manager is hereby authorized to execute a Professional
Services Agreement with R. J. Covington Consulting, LLC of Austin, Texas, for professional
consulting services relating to Task Order No. 03-C, to Denton Municipal Electric, in
substantially the form of the Professional Services Agreement attached hereto and incorporated
herewith by reference.
SECTION 2: That the award of this Agreement by the City is on the basis of the
demonstrated competence, knowledge, and qualifications of Covington and the ability of
Covington to perform the professional services needed by the City for a fair and reasonable
price.
SECTION 3: That the expenditure of funds as provided in the attached Professional
E. LL
Services Agreement is hereby authorized.
SECTION 4: That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the day of , 2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
SAOur Documents\Ordinances\03\11 J Covington Consulting LLC-DME-Ord Apry TO-3-C 2003.doc
MEMORANDUM
TO: Tom Shaw, Purchasing Agent
FROM: Michael S. Copeland, Utility Attorney
SUBJECT: Task Order No. 03-C (Professional Services Agreement of 2/18/03)
City of Denton, Texas / R.J. Covington Consulting, L.L.C. ("RJC")
TCOS Services for Denton Municipal Electric
DATE: February 27, 2003
Task Order No. 03-C was considered by the City Council on February 18, 2003, and approved
on the same date. The City Manager has signed the attached Professional Services Agreement
regarding Task Order No. 03-C in an amount not to exceed $30,800. Enclosed herewith for your
file is a conformed copy of the Ordinance No. 2003-047 and an executed original of the
Professional Services Agreement regarding the above -referenced matter.
By copy of this memorandum I am providing Jan Hill, Denton Municipal Electric with two
copies of the conformed Ordinance and two original executed Professional Services Agreements
("PSA"). Jan will retain an original PSA for her contract administration file; and will forward
the other original PSA to RJC by U.S. Mail. Jan will also send RJC a copy of the conl"61" e
O4inance. The City Secretary has retained the original of the Ordinance and of one of the
executed original PSA documents for her records.
The Agreement will be administered through Denton Municipal Electric (Jan Hill/Sharon Mays).
I have copied Sharon with this memorandum and am hereby requesting that her department
prepare (if they have not already) the necessary paperwork to secure the issuance of a Purchase
Order regarding this PSA. Thank you for your assistance in this matter.
Michael S. Cop l� Id
MSC/mc
Attachments (2)
cc: Michael A. Conduff, City Manager
Howard Martin, Assistant City Manager/Utilities
v/Sharon Mays, Director of DME (Jan Hill w/copies as noted above)
Jennifer Walters, City Secretary (w/originals previously reserved)
Rick Covington, R.J. Covington Consulting, LLC., Austin, Texas
SAOur Documents\Correspondence\Memos\03\Shaw-RJC PSA TO 03-C 2003.doc
STATE OF TEXAS §
COUNTY OF DENTON §
PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING SERVICES
PERTAINING TO DENTON MUNICIPAL ELECTRIC
THIS AGREEMENT is made and entered into as of the 18th day of February, 2003, by and
between the City of Denton, a Texas Municipal Corporation, with its principal office at 215 East
McKinney Street, Denton, Texas 76201 ("CITY"); and R. J. COVINGTON CONSULTING, LLC,
A Texas Limited Liability Corporation, with its principal office at 13276 Research Blvd., Suite 201,
Austin, Texas 78750, hereafter "COVINGTON"; acting herein by and through their duly authorized
representatives.
WITNESSETH, that in consideration of the covenants, promises and agreements herein
contained, the CITY and COVINGTON do hereby AGREE as follows:
ARTICLE i
EMPLOYMENT OF CONSULTANT
The CITY hereby contracts with COVINGTON, as an independent contractor, and
COVINGTON hereby agrees to perform the services herein in connection with the Scope of
Services as stated in the Articles to follow, with diligence and in accordance with the highest
professional standards customarily obtained for such services in the State of Texas.
ARTICLE IT
SCOPE OF SERVICES
A. COVINGTON shall provide to the CITY additional professional consulting services
pertaining to the ,iss,is taaace. Of'City Staff in areas associated with the transmission cost of services
filing with the Public 1.-Rilities Conna:nission ofTexas ("PUC"). COVINGTON agrees to perform the
services and tasks mns:,rre haarlicula�arlylcssileal in Task Order No. 03-C attached hereto and
incorporated herewith by reference.
B. To consult with the City Manager, Assistant City Manager/Utilities, the Director of Electric
Utilities, the Utility Attorney, and any other designated administrative personnel regarding any and
all aspects of the services to be performed pursuant to this Agreement.
ARTIC;I E III
PERIOD OF SERVICE
This Agreement shall become effective upon execution by both the CITY and COVINGTON.
The termination date of this Agreement shall be upon the earliest to occur of the following events:
completion of the work described herein and in the attached Task Order No. 03-C; or upon the
depletion and exhaustion of the $30,800 amount provided for herein; or upon fifteen (15) day's
written notice to terminate, issued by the Director of Electric Utilities, DME. This Agreement may
be sooner terminated in accordance with the provisions hereof. Time is of the essence in this
Agreement. COVINGTON shall make all reasonable efforts to complete the services set forth
herein as expeditiously as possible and to meet the schedule established by the CITY, acting through
its Director of Electric Utilities.
A. COMPENSATION TERMS:
"Direct Non -Labor Expense" is defined as that expense for any assignment incurred hereunder
by COVINGTON for supplies, long-distance telephone, telecopier, reproduction expense,
overnight courier, photocopy expense, transportation, travel, communications, subsistence and
lodging away from home and similar incidental expenses reasonably incurred in connection
with that assignment.
FINUMN
I. For and in consideration of the professional services to be performed by COVINGTON
herein, the CITY agrees to pay COVINGTON, a total fee, including reimbursement for direct
non -labor expense, not to exceed $30,800 for those services described in Task Order No. 03-
C.
2. The fee for the services described in this Agreement to be performed by COVINGTON
are to be billed the rates as set forth in Exhibit A attached hereto and incorporated herewith
by reference. Billing shall be reported in minimum one -quarter (1/4) hour increments.
3. Payments to COVINGTON will be made by the CITY on the basis of detailed monthly
statements rendered to the CITY through its Director of Electric Utilities. The fees bills as
submitted shall be allowed by the Director of Electric Utilities; and they shall be examined
and approved by the Utility Attorney. However, under no circumstances shall any monthly
statement for services exceed the value of the work performed at the time a statement is
rendered.
4. Nothing contained in this Article shall require the CITY to pay for any work which is
unsatisfactory as reasonably determined by the City Manager or the Director of Electric
Utilities, or which is not submitted in compliance with the terms of this Agreement. The City
shall not be required to make any payments to COVINGTON when COVINGTON is in
default under this Agreement.
5. it is specifically understood and agreed that COVINGTON shall not be authorized to
undertake any work pursuant to this Agreement which would require additional payments by
the CITY for any charge, expense or reimbursement above the maximum not -to -exceed fee as
stated, without first having obtained written authorization from the CITY.
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C. PAYMENT
If the CITY fails to make payments due COVINGTON for services and expenses within forty
(40) days after receipt of COVINGTON'S undisputed statement thereof, the amounts due
COVINGTON will be increased by the rate of one percent (1%) per month from the said forty
(40th) day, and in addition, COVINGTON may, after giving ten (10) days' written notice to
the CITY, suspend services under this Agreement until COVINGTON has been paid in full all
amounts due for services, expenses and charges provided. However, nothing herein shall
require the CITY to pay the late charge of one percent (1 %) set forth herein if the CITY
reasonably determines that the work of COVINGTON is unsatisfactory, in accordance with
this Article IV, Compensation, and the CITY notifies COVINGTON in writing of any such
defect.
ARTICLE. V
OBSERVATION AND REVIEW OF THE WORK
COVINGTON will exercise reasonable care and due diligence in discovering and promptly
reporting to the CITY any defects or deficiencies in his work or the work of any subconsultants
performed hereunder.
ARTICLE. VI
OWNERSHIP OF DOCUMENTS
All documents, analyses and other data prepared by COVINGTON under this Agreement
("Work Products") are instruments of service and are and shall remain the property of CITY.
COVINGTON shall have the right to make and retain copies and use all Work Products; provided,
however, the use shall be limited to the intended use for which the services and Work Products are
provided under this Agreement. COVINGTON may use and may copyright certain non -sensitive
Work Products as property of COVINGTON; provided that prior written approval is obtained from
CITY, whose approval shall not be unreasonably withheld, and providing that copywriting will not
restrict CITY'S right to retain or make copies of the Work Products for its information, reference
and use on the Project or services under the Agreement.
The Work Products shall not be changed or used for purposes other than those set forth in this
Agreement without the prior written approval of COVINGTON. If CITY releases the Work
Products to a third party without COVINGTON'S prior written consent, or changes or uses the
Work Products other than as intended hereunder, CITY does so at its sole risk and discretion and
COVINGTON shall not be liable for any claims or damages resulting from or connected with the
release or any third party's use of the Work Products.
ARTICLE VII
INDEPENDENT CONTRACTOR
COVINGTON shall provide services to the CITY as an independent contractor, not as an
employee of the CITY. COVINGTON shall not have or claim any right arising from employee
status.
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COVINGTON shall indemnify and save and hold harmless the CITY and its officers, agents,
and employees from and against any and all liability, claims, demands, damages, losses and
expenses, including but not limited to court costs and reasonable attorney's fees incurred by the
CITY, and including without limitation, damages for bodily and personal injury, death and ' property
damage, and damage for professional malpractice resulting from the negligent acts or omissions of
COVINGTON or any subconsultants, in performance of this Agreement. COVINGTON'S liability
under this Article VIII is expressly limited to the limit of COVINGTON'S insurance as set forth in
Article IX
Nothing in this Agreement shall be construed to create a liability to any person who is not a
party to this Agreement and nothing herein shall waive any of the 11,:1i-1y1s defenses, both at law or
equity, to any claim, cause of action or litigation filed by anyone not a party to 11iis Agreement,
including the defense of governmental immunity, which defenses are hereby expressly reserved.
During the performance of the Services under this Agreement, COVINGTON shall maintain
the following insurance with an insurance company licensed to do business in the State of Texas by
the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of
at least an "A-" or above:
A. Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000
for each occurrence and not less than $500,000 in the aggregate, and with property damage
limits of not less than $100,000 for each occurrence, and not less than $100,000 in the
aggregate.
B. Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each
person and not less than $500,000 for each accident; and with property damage limits of not
less than $ 100,000 for each accident.
C. Professional Liability Insurance with policy limits of not less than $1,000,000 annual
aggregate.
D. COVINGTON shall furnish insurance certificates or insurance policies at the CITY's request
to evidence such coverages. The insurance policies shall name the CITY as an additional
insured on all such policies to the extent legally possible, and shall contain a provision that
such insurance shall not be canceled or modified without thirty (30) days prior written notice
to CITY and COVINGTON. In such event, COVINGTON shall, prior to the effective date of
the change or cancellation, deliver substitute policies furnishing the same coverage to the
CITY.
Page 4
ARTICLE X
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The parties agree to settle any disputes under this Agreement by submitting the dispute to
arbitration or other means of alternate dispute resolution such as mediation. No arbitration or
alternate dispute resolution arising out of or relating to, this Agreement involving one party's
disagreement may include the other party to the disagreement without the other's approval.
ARTICLE..XI
ro A, al ffrk I M•4j) A LOT0, � I �-
To the extent permitted by law, the total liability of COVINGTON to CITY for any and all
claims arising out of this Agreement, whether caused by negligence, errors, omissions, strict
liability, breach of contract or contribution, or indemnity claims based on third -party claims, shall
not exceed one million dollars ($ 1,000,000).
ARTICLE XII
CONSEQUENTIAL DAMAGES
In no event and under no circumstances shall COVINGTON be liable to CITY for any
interest, loss of anticipated revenues, earnings, profits, or increased expense of operations, or for any
consequential, indirect or special damages.
COVINGTON will perform services under this Agreement with the degree of skill and
diligence normally practiced by professional engineers or consultants performing the same degree of
similar services. No other warranty or guarantee, expressed or implied, is made with respect to the
services furnished under this Agreement and all implied warranties are disclaimed.
A. Notwithstanding any other provision of this Agreement, either party may terminate this
Agreement by giving thirty (30) days advance written notice of termination to the other party.
B. This Agreement may be terminated in whole or in part in the event of either party substantially
failing to fulfill its obligations under this Agreement. No such termination will be effected
unless the other party is given: (1) written notice (delivered by certified mail, return receipt
requested) of intent to terminate and setting forth the reasons specifying the nonperformance,
and not less than ten (10) business days in which to cure the failure; and (2) an opportunity for
consultation with the terminating party prior to termination.
C. If this Agreement is terminated prior to completion of the services to be provided hereunder,
COVINGTON shall immediately cease all services and shall render a final bill for services to
Page 5
the CITY within 30 days after the date of termination. The CITY shall pay COVINGTON for
all services properly rendered and satisfactorily performed and for reimbursable expenses to
termination incurred prior to the date of termination in accordance with Article IV,
Compensation. Should the CITY subsequently contract with a new consultant for the
continuation of services on the Project, COVINGTON shall cooperate in providing
information. COVINGTON shall turn over all documents prepared or furnished by
COVINGTON pursuant to this Agreement to the CITY on or before the date of termination,
but may maintain copies of such documents for its use.
ARTICLE X
•LIABILITIES
Approval by the CITY shall not constitute nor be deemed a release of the responsibility and
liability of COVINGTON, or any sub -consultants of COVINGTON, for the accuracy and
competency of their designs or other work product.
All notices, communications, and reports required or permitted under this Agreement shall be
personally delivered or mailed to the respective parties by depositing same in the United States mail
at the address shown below, certified mail, return receipt requested unless otherwise specified
herein. Mailed notices shall be sent to the parties at the following addresses:
To COVINGTON:
R.J. Covington Consulting, LLC
Attn: Richard J. Covington
13276 Research Blvd., Suite 201
Austin, Texas 78750
City of Denton, Texas
Attn: Michael A. Conduff, City Manager
215 East McKinney Street
Denton, Texas 76201
All notices shall be deemed effective upon receipt by the party to whom such notice is given
or within three days after the date of mailing.
1004111 .114 WAN .114 a 00 lie
This Agreement consisting of nine (9) pages, and three (3) additional pages consisting of Task
Order No. 03-C, constitutes the complete and final expression of the agreement of the parties and is
intended as a complete and exclusive statement of the terms of their agreements and supersedes all
prior contemporaneous offers, promises, representations, negotiations, discussions, conununications
and agreements which may have been made in connection with the subject matter hcreof.
Ii I EP XViIT
If any provision of this Agreement is found or deemed by a court of competent jurisdiction to
be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement
and shall not cause the remainder to be invalid or unenforceable. In such event, the party shall
reform this Agreement to replace such stricken provision with a valid and enforceable provision
which comes as close as possible to expressing the intention of the stricken provision.
COVINGTON shall comply with all federal, state, local laws, rules, regulations, and
ordinances applicable to the work covered hereunder as they may now read or hereinafter be
amended.
ARTICLE XX
DISCRIMINATION PROHIBITED
In performing the services required hereunder, COVINGTON shall not discriminate against
any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical
handicap.
ga N 14 N 0 W.W.
A. COVINGTON represents that he has secured, or will secure at his own expense any additional
personnel required to perform all the services required under this Agreement. Such personnel
shall be subconsultants of COVINGTON, and shall not be employees or officers of, nor have
any contractual relations with the CITY. COVINGTON shall inform the CITY of any conflict
of interest or potential conflict of interest that may arise during the term of this Agreement.
B. All services required hereunder will be performed by COVINGTON or under his supervision.
All personnel engaged in work shall be qualified and shall be authorized and permitted under
state and local laws to perform such services.
ARTICLE XXI
ASSIGNABILITY
COVINGTON shall not assign any interest in this Agreement and shall not transfer any
I I I written
interest in this Agreement (whether by assignment, novation or otherwise) without the prior wri
consent of the CITY.
Page 7
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IUVMIJIU��
No waiver or modification of this Agreement or of any covenant, condition, limitation herein
contained shall be valid unless in writing and duly executed by the party to be charged therewith and
no evidence of any waiver or modification shall be offered or received in evidence in any proceeding
arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of
the parties hereunder, and unless such waiver or modification is in writing, duly executed; and, the
parties further agree that the provisions of this section will not be waived unless as herein set forth.
A. COVINGTON agrees that CITY shall, until the expiration of three (3) years after the final
payment under this Agreement, have access to and the right to examine any directly pertinent
books, documents, papers and records of COVINGTON involving transactions relating to this
Agreement. COVINGTON agrees that the CITY shall have access during normal working
hours to all necessary COVINGTON facilities and shall be provided adequate and appropriate
working space in order to conduct audits in compliance with this section. The CITY shall
give COVINGTON reasonable advance notice of any intended audits.
B. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton
County, Texas. This Agreement shall be governed by, and construed in accordance with the
laws of the State of Texas.
C. COVINGTON shall commence, carry on, and complete the work required by this engagement
with all applicable dispatch, in a sound, economical, efficient manner and in accordance with
the provisions hereof. In accomplishing the work, COVINGTON shall take such steps as are
appropriate to ensure that the work involved is properly coordinated with related work being
carried on by the CITY.
D. The CITY shall assist COVINGTON by placing at COVINGTON's disposal all available
information pertinent to the work required by this engagement, including previous reports, any
other data relative to the project and arranging for the access to, and make all provisions for
COVINGTON to enter in or upon, public and private property as required for COVINGTON
to perform services under this Agreement.
E. The captions of this Agreement are for informational purposes only and shall not in any way
affect the substantive terms or conditions of this Agreement.
IN WITNESS WHEREOF, the City of Denton, Texas has caused this Agreement to be
executed in four original counterparts, by its duly authorized City Manager; and R.J. Covington
Consulting, LLC has executed this Agreement by its duly authorized officer on this the 18th day of
February, 2003.
Page 8
"CITY"
CITY OF DENTON, TEXAS
A Municipal Corporation
n
11at:IKt V A. z.c�ea
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
i
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
.0 ........... . .... .
p
"COVINGTON"
R.J. COVINGTON CONSULTING, LLC
A Texas Limited Liability Corporation
By.
Richard) Co 11 t 11, Ilres °Iit
ATTEST:
By:
SAOur Documents\C0ntracts\03\RJ Covington Consulting LLC-PSA-TO 03-C-2003-DME.doc
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ATTACHMENT TO
PROFESSIONAL
DATEDi ' i
BETWEEN THE CITY OF DENTON, TEXAS AND
R.J. COVINGTON CONSULTING, LLC
TASK ORDER NO.03-C
Transmission Cost of Service Filing - 2002 — Additional Services
This Attachment is a Task Order contemplated by and appended to the Professional
Services Agreement entered into by and between the City of Denton, Texas and R.J.
Covington Consulting, LLC. dated February 18, 2003, and approved by the City Council
by Ordinance on this date.
Work provided for in this Task Order is for R.J. Covington Consulting, LLC ("RJC") to
continue to assist the City in the completion of the 2002 transmission cost of service
study ("TCOS") filed with the Public Utility Commission of Texas ("PUC") as Docket
No. 26672.
Background
RJC, working with City staff, prepared and filed on September 20, 2002 an application to
increase DME's rates for wholesale transmission service in ERCOT. The application
requests an increase in DME's TCOS from $768,620 to $1,111,420.
The TCOS filing is the second such filing made by the City. The first was in 1996.
Since that first filing, the Commission has instituted a "Non -IOU Rate Filing Package"
that allows municipalities the option to include in its TCOS, capital requirements based
on several options. In addition to the traditional "Rate of Return Method" for
determining capital requirements, a Non -IOU entity can file using the "Debt Service
Coverage Method," the "Cash Flow Method," or the "Times Interest Earned Method."
DME used the Cash Flow Method, a method it supported during the development of the
Non -IOU RFP; a method particularly suited for systems that have historically cash
funded their construction and repairs and replacement programs. At least one other
municipality has filed using this method, but that case was settled and no precedents were
set on the application of the Cash Flow Method.
Although DME has entered settlement discussions with the PUC staff, it has not been
able to reach agreement on a settlement. For this reason, after a number of meetings,
DME is set to go to hearings. The primary issue is the application of the Cash Flow
Task Order No. 03-C
2002 Transmission Cost of Service Filing (Additional)
Method as opposed to the Rate of Return Method which has substantial negative impacts
on DME's recovery of TCOS.
This Task Order is to increase the budget needed to defend the 2002 TCOS. The services
performed by RJC will include the preparation and filing of supplemental testimony,
review of Staffs filed case, preparation of rebuttal testimony, participation in hearing,
reviewing and assisting in preparing briefs, and other activities needed to complete the
case.
f,
1
1. RJC will prepare and file supplemental testimony to address issues raised by
PUC staff.
2. RJC will continue to participate in discussions with PUC staff to explore
opportunities to settle the case before actual hearings begin.
3. PUC staff testimony from other cases will be reviewed for positions on issues
being raised in this docket.
Task B TCOS Hearings
1. RJC will review testimony and exhibits filed by PUC staff and other parties
and evaluate impacts of alternative positions of other parties.
2. Rebuttal testimony will be prepared to address issues raised by PUC staff in
their direct -filed testimony.
3. RJC will assist attorneys in preparing cross of PUC staff and other parties.
4. RJC will attend hearings and present direct testimony to defend DME's
position on the issues raised.
Task C Post !!! ��t.i�s
1. RJC will assist attorneys in preparing briefs, reviewing the Administrative
Law Judge Preliminary Order, and will assist attorneys in filing exceptions to
the Order if necessary.
2. RJC will review the Final Order, and rework numbers for the Final Order.
The not -to -exceed amount for the above scope of services, For hotkl addi0onal 1 dbor 4iii l
out-of-pocket expenses, is $30,800. This budget will notbe cxcecdcd without prior
written approval of the City. RJC will bill monthly with srippo lirtg doCAa IC11tt►ti0u1 of,
2of3
Task Order No. 03-C
2002 Transmission Cost of Service Filing (Additional)
activities performed. The termination date of this Task Order No. 03-C shall be upon the
completion of the work as described in the Professional Services Agreement and the TO
No. 03-C; or upon the depletion and exhaustion of the $30,800 amount provided for
herein; or upon fifteen (15) days written notice to terminate, issued by the Director of
Electric Utilities, DME, whichever event shall first occur. The work being performed
will be under the supervision of the Director of Electric Utilities, DME and may be
modified at any time upon appropriate notice to RJC.
EXECUTED in four (4) original counterparts by a duly authorized officer of RJC and by
a duly authorized officer of the City of Denton, Texas on the 18th day of February, 2003.
AUTHORIZED BY:
CITY OF DENTON, TEXAS
r° tl
9Iym
City Manager
ACCEPTED BY:
R. J. COVINGTON CONSULTING, LLC
By:_ ...........
. _...
Richard J. t' o v i ng on
President
JENNIFER WALTERS, CITY SECRETARY
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ym...!.,p ° Air_ 6�.
1,
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
.v
By: /K. A .
SAOur Documents\Contracts\03\R J Covington Task Order 03-C TCOS-DME.doc
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