HomeMy WebLinkAbout2001-085ORDINANCE NO 010P 00-
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A FIRST AMENDED AGREEMENT FOR PROFESSIONAL
LEGAL SERVICES WITH THE LAW OFFICES OF JIM BOYLE, PLLC FOR SERVICES
PERTAINING TO THE SINGLE CERTIFICATION SUIT RELATING TO DENTON
MUNICIPAL ELECTRIC, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR,
PROVIDING FOR RETROACTIVE APPROVAL OF THE AGREEMENT, AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council deems it necessary and appropriate and in the public
interest to continue to engage the Law Offices of Jim Boyle, PLLC ("Boyle"), of Austin, Texas,
to provide professional legal services pertaining to the single certification action pending before
the Public Utilities Commission of Texas relating to Denton Municipal Electric, and presently
docketed as PUC Docket No 21669, and
WHEREAS, the City has previously retained the professional legal services of Boyle on
this matter in July 1999, and has operated under an Agreement For Professional Legal Services,
signed by the City Manager, in the amount of $24,800, a case was duly -filed, and the fees and
the expenses have been highly unpredictable, and have resulted in this First Amendment, and
WHEREAS, the City staff has reported to the City Council that there is a substantial need
for the heremabove described professional services by Denton Municipal Electric, and that
limited City staff cannot adequately perform the specialized legal services and tasks, which are
wholly centered in Austin, Texas, 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 of
professional services on the basis of demonstrated competence, knowledge, and qualifications,
and for a fair and reasonable price, and the City Council hereby finds and concludes that Boyle is
appropriately qualified under the provisions of the law, to be retained as outside legal counsel for
the City, specifically Denton Municipal Electric, respecting this engagement, and
WHEREAS, the City Council has provided in the City budget for the appropriation of
funds to be used for the procurement of the foregoing professional legal services, as set forth in
this First Amendment to Agreement for Professional Legal Services, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the City Manager is hereby authorized to execute a First Amendment
to Agreement for Professional Legal Services with the Law Offices of Jim Boyle, PLLC, of
Austin, Texas for professional legal services pertaining to the single certification suit pending
before the Public Utilities Commission relating to Denton Municipal Electric, in substantially the
form of the First Amendment to Agreement for Professional Legal Services attached hereto and
incorporated herewith by reference
SECTION 2 That the award of this First Amended Agreement is on the basis of the
demonstrated competence and qualifications of the Law Offices of Jim Boyle, PLLC, and the
ability of the Law Offices of Jim Boyle, PLLC, to perform the professional legal services needed
by the City for a fair and reasonable price
SECTION 3 That the expenditure of funds as provided for in the attached First
Amended Agreement for Professional Legal Services is hereby authorized
SECTION 4 That as to the payment of fees and expenses, the First Amendment to
Agreement for Professional Legal Services is hereby ratified and retroactively approved, and
shall be effective from and after May 5, 2000
SECTION 5 That except as provided in Section 4 heremabove, this ordinance shall
become effective immediately upon its passage andapproval
PASSED AND APPROVED this the &40h day of 2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
By
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THE STATE OF TEXAS
COUNTY OF DENTON
FIRST AMENDMENT
TO AGREEMENT FOR PROFESSIONAL LEGAL SERVICES
THIS FIRST AMENDMENT to that certain Agreement for Professional Legal
Services, dated effective July 12, 1999, heretofore entered into by and between the City
of Denton, Texas, a Texas Municipal Corporation with its offices at 215 East McKinney
Street, Denton, Texas 76201 (hereafter referred to as "CITY"), and the Law Offices of
Jim Boyle, a Proprietorship, with its offices at 1005 Congress, Suite 550, Austin, Texas
78701 (hereafter referred to as "CONSULTANT"), acting herein by and through their
respective duly authorized signatories, and
NOW THEREFORE, the City of Denton, Texas and the Law Offices of Jim
Boyle, PLLC (hereafter collectively referred to as the "PARTIES"), in consideration of
their mutual promises and covenants, as well as for other good and valuable
consideratithe
the terms and
conditions o of the ns, do h Agreement For ereby AGREE o Professional followingamendments
dSo Services (hereafter he
"Agreement"), effective July 12, 1999, to wit
The PARTIES agree that the Law Offices of Jim Boyle, a Proprietorship, is now
legally organized as a Public Limited Liability Corporation under the laws of the State of
Texas
II
That the provisions of Section 1 A (8) of the Agreement shall be amended by
adding he following
"CONSULTANT shall represent the City in PUC Docket No 21669 "
III
That the provisions of Section 3 A of the Agreement shall instead, without
limitation, provide the following names
Jim Boyle
$190 00
Rick Guzman
$170 00
Jaime Slaughter
$150 00
Kimberly Hammer
$140 00
IV
That the provisions of Section 3 C of the Agreement shall instead read an
additional One Hundred Thousand Dollars more, effective May 5, 2000, as follows
shall not exceed One Hundred Twenty Four Thousand Eight Hundred and
No/100 Dollars ($124,800)
V
The PARTIES agree, that except as specifically provided for by this First
Amendment to Professional Legal Services Agreement, that all of the terms, covenants,
conditions, agreements, rights, responsibilities, and obligations of the parties set forth in
the Agreement, shall remain in full force and effect
IN WITNESS WHEREOF, City of Denton, Texas and the Law Offices of Jim
Boyle, PLLC have executed this First Amendment To Agreement For Professional Legal
Services, dated effective July 12, 1999, in four (4) original counterparts, by n and � through
their esggectrve duly authorized representatives and officers on this the Avvrc day of
D.44//DA'a 2001
"CITY"
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BygbUo=�
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
By '
IIT4-J( SC LY t
U
"CONSULTANT"
LAW OFFICES OF JIM BOYLE, PLLC
By
ATTEST
By NA imlio
11
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