HomeMy WebLinkAbout2001-144ORDINANCE NO AM -
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 LLOYD, GOSSELINK, BLEVINS,
ROCHELLE, BALDWIN & TOWNSEND, P C FOR SERVICES PERTAINING TO PUBLIC
UTILITIES COMMISSION OF TEXAS DOCKET NO 22350 (TXU UNBUNDLED COST OF
SERVICE) 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 Lloyd, Gosselink, Blevins, Rochelle, Baldwin
& Townsend, P C ("Lloyd Gosselink"), of Austin, Texas, to provide professional legal services
pertaining to Public Utilities Commission of Texas Docket No 22350 (TXU Unbundled Cost of
Service) relating to Denton Municipal Electric, and
WHEREAS, the City has previously retained the professional legal services of Lloyd
Gosselink on this matter on June 1, 2000, and has operated under an Agreement For Professional
Legal Services approved by the City Council in the amount of $88,000, and there are good and
valid reasons for the need for additional authorized funds, which have resulted in this First
Amendment thereto, 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 Lloyd
Gosselink is appropriately qualified under the provisions of the law, to be continued 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 Lloyd, Gosselink, Blevms,
Rochelle, Baldwin & Townsend, P C , of Austin, Texas for professional legal services pertaining
to services pertaining to Public Utility Commission of Texas Docket No 22350 (TXU
Unbundled Cost of Service) 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 Lloyd Gosselink, and the
ability of the Lloyd Gosselink, 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 November 1, 2000
SECTIONS That except as provided in Section 4 hereinabove, this ordinance shall
become effective immediately upon its passage and approval
PASSED AND APPROVED this the JAd day of , 2001
A4-
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
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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, executed September 26, 2000, dated effective June 1, 2000, 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 firm of Lloyd, Gosselink, Blevins, Rochelle, Baldwin &
Townsend, P C with its offices at 111 Congress Avenue, Suite 1800, Austin, Texas
78701 (hereafter referred to as "LEGAL ADVISOR"), acting herein by and through their
respective duly authorized signatories, and
NOW THEREFORE, the City of Denton, Texas and the firm of Lloyd, Gosselink,
Blevins, Rochelle, Baldwin & Townsend, P C (hereafter collectively referred to as the
"PARTIES"), in consideration of their mutual promises and covenants, as well as for
other good and valuable considerations, do hereby AGREE to the following amendments
to the terms and conditions of the Agreement For Professional Legal Services (hereafter
the "Agreement"), effective June 1, 2000, to wit
I
That the provisions of Section III A of the Agreement For Professional Legal
Services shall instead read an additional FORTY SIX THOUSAND DOLLARS
($46,000), effective November 1, 2000, as follows
C "Consultant agrees that all charges for the legal services hereunder,
including the fees for R J Covington Consulting and expenses as set forth
in Section III C below, shall not exceed $134,000 "
II
The PARTIES agree, that except as specifically provided for by this First
Amendment to Agreement For Professional Legal Services, 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, the City of Denton, Texas and the firm of Lloyd,
Gosselink, Blevins, Rochelle, Baldwin & Townsend, P C have executed this First
Amendment To Agreement For Professional Legal Services, in (4) original counterparts,
1
b and through their respe tive duly authorized representatives and officers on this the
day of , 2001
"CITY"
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By *eim
Howar Mar iy Manager
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
By
"CONSULTANT"
LLOYD, GOSSELINK, BLEVINS, ROCHELLE,
BALDWIN & TOWNSEND, P C
By
ATTEST
`
By
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