HomeMy WebLinkAbout2000-363NOTE. Amended by Ordinance No. 2001-144.
ORDINANCE NO AX— ,�
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL LEGAL
SERVICES WITH LLOYD, GOSSELINK, BLEVINS, ROCHELLE, BALDWIN &
TOWNSEND, P C , FOR LEGAL SERVICES REGARDING REPRESENTATION OF
THE CITY BEFORE THE PUBLIC UTILITIES COMMISSION OF TEXAS IN
DOCKET NUMBERS 22344 AND 22350, IN THE AREAS OF PUBLIC UTILITY
REGULATORY LAW AND ADMINISTRATIVE LAW, RESPECTING THE
ACTIVITIES OF DENTON MUNICIPAL ELECTRIC, AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR, PROVIDING FOR RETROACTIVE
EFFECT OF THE AGREEMENT, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council deems that it is in the public interest to engage the
law firm of Lloyd, Gosseltnk, Blevtns, Rochelle, Baldwin & Townsend, P C , of Austin,
Texas, (the "Firm") to provide professional legal services to the City pertaining to
representation of the City and Denton Municipal Electric ("DME") before the Public
Utilities Comrmssion of Texas ("PUC") in the areas of public utility regulatory law and
administrative law, respecting the activities of DME, specifically in PUC Docket Numbers
22344 and 22350, and
WHEREAS, the City staff has reported to the City Council that there is a
substantial need for the above -referenced professional legal services, and that limited City
staff cannot adequately perform the specialized services and tasks which are centered in
Austin, Texas, with its own personnel, and
WHEREAS, the City has heretofore engaged the Firm by several previous
Agreements for Professional Legal Services to perform similar services to those services
provided for in the Agreement for Professional Legal Services attached hereto The two
above -mentioned PUC dockets began suddenly, and fairly unexpectedly, in June 2000, and
it was necessary and appropriate for the City to obtain legal representation at the time of
the outset of those dockets in order to protect its competitive position on the key issues
involved in those proceedings The Finn agreed to provide representation to the City with
the understanding that an appropriate agreement would be prepared and entered into, and
would be presented to the City Council subsequent to its return from its summer recess
Accordingly, it is appropriate that the new Agreement for Professional Legal Services by
and between the City and the Firm attached hereto, should be ratified and confirmed, and
should be retroactively approved and made effective as of June 1, 2000, in order to
properly compensate the Firm for its work that has directly benefited the City, and which
work was done at the specific instance and request of the City, 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 the Council hereby finds and concludes that the Firm is
appropriately qualified under the provisions of that law to be retained as outside legal
counsel for the City and DME respecting this engagement, NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the recitations set forth and contained in the foregoing
preamble are expressly incorporated by reference into this Ordinance
SECTION 2 That the City Manager is hereby authorized to execute an
Agreement for Professional Legal Services by and between the City and the law firm of
Lloyd, Gosselink, Blevins, Rochelle, Baldwin & Townsend, P C , of Austin, Texas, in
substantially the form of the Agreement for Professional Legal Services attached hereto
and incorporated herewith by reference
SECTION 3 That the award of this Agreement by the City is on the basis of the
demonstrated competence, knowledge, and qualifications of the Finn and the ability of the
Firm to perform the services needed by the City for a fair and reasonable price
SECTION 4 That the expenditure of funds as provided in the attached Agreement
for Professional Legal Services is hereby authorized
SECTION 5 That the above and foregoing Agreement for Professional Legal
Services is hereby ratified, confirmed, and retroactively approved, and shall be effective
from and after June 1, 2000
SECTION 6 That except as otherwise provided in Section 5 above, this
Ordinance shall become effective immediately upon its passage and approval
PASSED AND APPROVED this thei, § ay of 2000
Sd4�A- A�
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By JVj L
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
By iI A`—V
S \Our Documents\Ordinances\00\L1oyd Gosselink et al PSA PUC D#22344+22350 Ord doe
STATE OF TEXAS
COUNTY OF DENTON
AGREEMENT FOR PROFESSIONAL LEGAL SERVICES
THIS AGREEMENT, made and entered into thiae y of [1II.t,_. ,
2000, by and between LLOYD, GOSSELINK, BLEVINS, ROCHELLE, BALDWIN &
TOWNSEND, P C , a Texas Professional Corporation (hereinafter "Consultant"), with Lambeth
Townsend, Shareholder, having full authority to execute this Agreement on behalf of the firm, 111
Congress Avenue, Suite 1800, Austin, Texas 78701, and the CITY OF DENTON, a Texas
Municipal Corporation, 215 E McKinney, Denton, Texas 75201 (hereinafter "City"), with Michael
W Jez, City Manager, having full authority to execute this Agreement on behalf of the City
WHEREAS, the City needs to employ legal counsel to provide professional legal services
with respect to protection of the City's interests as affected by the TXU Electric Company ("TXU")
rate proceeding now pending before the Public Utility Commission of Texas ("PUC") in Docket
No 22350 and the related Generic Issues proceeding, Docket No 22344
WHEREAS, the Consultant is willing to perform such services in a professional manner as
an independent contractor, and,
WHEREAS, the City desires to engage the Consultant to render the professional services in
connection therewith, and the Consultant is willing to provide such services
NOW, THEREFORE, in consideration of the pronuses and mutual obligations herein, the
parties hereto do hereby mutually AGREE as follows
I Scope of Services; The Consultant shall perform the following services in a
professional manner working as an independent contractor not under the direct supervision and
control of the City
A Services to be provided
Consultant shall represent the City in PUC Docket Nos 22350 and 22344 before
the Public Utility Commission, including without limitation the professional and
legal services with regard to submitting pleadings and comments if directed to do
so, reviewing and monitoring said Dockets attending all hearings and other
proceedings in relationship to the Dockets and to consult with the City through its
Denton Municipal Utilities staff with regard to all filings, uncontested and
1060\12\agt000817 Page 1
contested hearings, and other issues related to the Dockets Consultant shall
engage R. J Covington Consulting to assist Consultant in representing the interests
of the City in the Dockets
2 To consult with the City Manager, Assistant City Manager for Utilities, the
Director of Electric Utilities, the City Attorney, the Assistant City Attorney for
Utilities, and other designated administrative personnel or staff regarding any and
all aspects of the professional services to be performed, including legal research,
analysis, and advice with respect to such matters This will include coordinating
activities with the Director of Electric Utilities, the City Attorney and their
respective staff to efficiently perform the services required and to preserve the
Attorney/Client privilege, work product, and all other applicable exceptions to the
discovery or disclosure of documents produced by the City and the Consultant
under the Scope of Services heremabove
B The Consultant shall perform all the services required by this Agreement in a timely
fashion, and shall complete them in compliance with schedules established by the City
through its Director of Electric Utilities as appropriate to carry out the terms and
conditions of this Agreement
II Term. This Agreement shall be effective as of June 1, 2000, and shall terminate either
upon the completion of the professional services provided for herein, or upon the exhaustion of all
professional fees provided for hereunder, whichever event shall first occur This Agreement may
be sooner terminated in accordance with the provisions hereof Time is of the essence of this
Agreement Consultant shall make all reasonable efforts to complete the services set forth herein as
expeditiously as possible during the term of this Agreement, and to meet the schedules established
by the City, through its Director of Electric Utilities, or her designee
III Cnmponcatinn and Method of Payment.
A The Consultant shall charge the following fees for its professional services provided to the
City hereunder, based upon the following hourly billing rates for the attorneys and support
staff involved in this matter
M
Lanlbeth Townsend, Shareholder $ 200 00
Richard Hamala, Associate $ 18000
Art Rodriguez, Associate $ 16500
Paralegal $ 8000
Law Clerk $ 7500
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
$88,000 00
1060\12\agt000817 Page 2
B The Consultant shall endeavor to have the attorneys and employees listed in Section III A
above, reasonably attempt to reduce costs by utilizing other qualified shareholders,
associates, and paralegals wherever feasible or possible The Consultant shall bill the City
through the submission of itemized invoices, statements, and other documentation, together
with support data indicating the progress of the work and the services performed on the basis
of monthly statements, showing hourly rates indicating who performed the work, what type
of work was done, and descriptions and/or details of all services rendered, including a daily,
and an entry -by -entry reflection of billable time spent on this engagement, along with specific
description and supporting documentation, if available, respecting any reasonable and
necessary out-of-pocket expenses incurred by Consultant in performing the professional
services provided for under this Agreement Professional fees shall be billed in mimmum
one -tenth (1/10) hour increments
C Additionally, the City shall either pay directly or reimburse the Consultant, as the case may
be, for reasonable and necessary actual out-of-pocket expenses, including but not limited to,
long-distance telephone, telecopier, reproduction, postage, overnight courier, and
transportation and travel All copies will be charged at the rate of fifteen cents ($ 15) per
copy for copies made within Consultant's offices, with as much photocopying as possible
being done by outside vendors at bulk rates or by the City to reduce costs if bulk copying is
necessary or appropriate The parties agree that the charges for outgoing telecopies from
Consultant shall be $ 25 per page and that there will be no charge by Consultant for incoming
telecopies
D The parties anticipate that invoices or statements for professional services will be generated
on a monthly basis and that said invoices or statements will be sent to the City by Consultant
on or about the 15th day of each month The City shall make payment to the Consultant
within thirty (30) days after receipt of an appropriate itemized invoice or statement To the
extent that any fees or expenses are disputed by the City, the City shall notify Consultant
within thirty (30) days after its receipt of the invoice or statement, and shall otherwise pay all
undisputed amounts set forth in the invoice or statement within thirty (30) days after its
receipt of the invoice or statement All reimbursable expenses, including, but not necessarily
limited to travel, lodging, and meals, shall be paid at the actual cost, pursuant to the terms,
conditions, and limitations set forth herein All invoices or statements shall be a reviewed by
the Director, Denton Municipal Electric, or her designee, and shall be reviewed and approved
by the Assistant City Attomey/Utilities
E It is understood and agreed that the Consultant shall work under the coordination and general
supervision of the Director of Electric Utilities, or her designee
F All notices, invoices, and payment shall be made in writing and may be given by personal
delivery or by mail As to notices to Michael W Jez, City Manager, City of Denton, Texas
215 East McKinney, Denton, Texas 76201 or to his designee As to invoices and statements
to Michael S Copeland, Assistant City Attorney, Utility Administration Department, at the
I060\12\agtoo0817 Page 3
same address, as to the City, and to Lambeth Townsend, Lloyd/Gosselink, 111 Congress
Avenue, Suite 1800, Austin, Texas 78701, as to the Consultant When so addressed, the
notice, invoice, statement and/or payment shall be deemed given upon deposit of same in the
United States Marl, postage prepaid In all other instances, notices, invoices, statements,
and/or payments shall be deemed given at the time of actual delivery Changes may be made
in the names and addresses of the responsible person or office to which notices, invoices,
statements and/or payments are to be sent, provided reasonable notice is given
IV. Professinnal romp etency-
A Consultant agrees that in the performance of these professional services, Consultant shall be
responsible to the level of competency and shall use the same degree of skill and care
presently maintained by other practicing professionals performing the same or similar types
of work For the purpose of this Agreement, the key persons who will be performing most of
the work hereunder shall be Lambeth Townsend and Georgia Crump, Shareholders
However, nothing herein shall limit Consultant from using other qualified and competent
members of the fine to perform the services required herein if such delegation is reasonably
appropriate and properly protects the City's interests
B Any agreements, ordinances, notices, instruments, memoranda, reports, letters, and other
legal documents prepared or obtained under the terms of this Agreement are instruments of
service and the City shall retain ownership and a property interest therein If this Agreement
is terminated at any time for any reason prior to payment to the Consultant for work under
this Agreement, all such documents prepared or obtained under the terms of the Agreement
shall upon termination be delivered to and become the property of the City upon request and
without restriction on their use or further compensation to the Consultant
V. Establishment and Maintenance of Records. Full and accurate records shall be
maintained by the Consultant at its place of business with respect to all matters covered by tlus
Agreement Such records shall be maintained for a period of at least three years after receipt of
final payment under tlus Agreement
VI. Audits and inspection* At any time during normal business hours and upon
reasonable notice to the Consultant, there shall be made available to the City all of the Consultant's
records with respect to all matters covered by this Agreement The Consultant shall permit the City
to audit, examine, and make excepts or transcripts from such records, and to make audits of
contracts, invoices, materials, and other data relating to all matters covered by this Agreement
VIII Areamplishment of Project* The Consultant shall commence, carry on, and complete
this professional engagement with all practicable dispatch, in a sound, economical and efficient
matter, and, in accordance with the provisions hereof and all applicable laws In accomplishing the
projects, the Consultant shall take such steps as are appropriate to insure that the work involved is
properly coordinated with any related work being carried on by the City
1060\12\agt000817 Page 4
VIII. Mdamnity and Independent Contractor Reiationshi
A Consultant shall perform all services as an independent contractor not under the direct
supervision and control of the City Nothing herein shall be construed as creating a
relationship of employer and employee between the parties The City and Consultant agree
to cooperate in the defense of any claims, action, suit, or proceeding of any kind brought by a
third party which may result from or directly or indirectly anse from any negligence and/or
errors or omissions on the part of the Consultant or from any breach of the Consultant's
obligations under this Agreement In the event of any litigation or claim under this
Agreement in which Consultant is joined as a party, Consultant shall provide suitable counsel
to defend City and Consultant against such claim, provided the Consultant shall have the
right to proceed with the competent counsel of its own choosing The Consultant agrees to
defend, mdemmfy and hold harmless the City and all of its officers, agents, servants, and
employees against any and all such claims to the extent of coverage by Consultant's
professional liability policy The Consultant agrees to pay all expenses, including but not
limited to attorney's fees, and satisfy all judgments that may be incurred or rendered against
the Consultant's professional liability insurance policy Nothing herein constitutes a waiver
of any rights or remedies the City may have to pursue under either law or equity, including,
without limitation, a cause of action for specific performance or for damages, a loss to the
City, resulting from Consultant's negligent errors or omissions, or breach of contract, and all
such rights and remedies are expressly reserved
B Consultant shall maintain and shall be caused to be in force at all times during the term of
this Agreement, a legally binding policy of professional liability insurance, listed by Best
Rated Carriers, with a rating of "A-" or above, issued by an insurance carrier approved to do
business in Texas by the State Insurance Commission Such coverage shall cover any claim
hereunder occasioned by the Consultant's negligent professional act and/or error, act, or
omission, in an amount not less than $1,000,000 combined single limit coverage per
occurrence In the event of change or cancellation of the policy by the insurer, the Consultant
hereby covenants to immediately notify the City in writing thereof, and in such event, the
Consultant shall, prior to the effective date of change or cancellation, serve a substitute policy
furnishing the same or lugher amount of coverage The Consultant shall provide a copy of
the declarations page of such policy to the City through its Director of Electric of Utilities
simultaneously with the execution of this Agreement
IX Termination of Agreement:
A In connection with the work outlined in this Agreement, it is agreed and fully understood by
the Consultant that the City may cancel or indefinitely suspend further work hereunder or
terminate this Agreement at any time upon written notice to Consultant, Consultant shall
cease all work and labor being performed under this Agreement Consultant may terminate
this Agreement by giving the City fifteen (15) days written notice that Consultant is no
longer in a position to continue representing the City Consultant shall invoice the City for
all work satisfactorily completed and shall be compensated in accordance with the terns of
1060\12\agt000817 Page 5
this Agreement All reports and other documents, or data, or work related to the project shall
become the property of the City upon termination of this Agreement
B This Agreement may be termmated in whole or in part, in writing, by either party in the event
of substantial failure by the other party to fulfill its obligations under this Agreement through
no fault of the terminating party Provided, however, that no such termination may be
affected, unless the other party is given [1] written notice (delivered by certified mail, return
receipt request) of intent to terminate, and not less than thirty (30) calendar days to cure the
failure, and, [2] an opportunity for consultation with the terminating party prior to
termination
C Nothing contained herein or elsewhere in this Agreement shall require the City to pay for any
work which is unsatisfactory or which is not submitted in compliance with the terms of this
Agreement
X. Alternate Mput Re�nn: The Consultant agrees that, if necessary, it will use its
best efforts to resolve any disputes regarding the Agreement through the use of mediation or other
forms of alternate dispute resolution set forth in Chapter 154 of the Texas Civil Practices and
Remedies Code (V A T C S )
XI. Entire Agreement. This Agreement represents the entire agreement and
understanding between the parties and any negotiations, proposals, or oral agreements are intended
to be integrated herein and to be superseded by this written Agreement Any supplement or
amendment to this Agreement, in order to be effective, shall be in writing and signed by the City
and the Consultant
X1I, Compliance with Laws. The Consultant shall comply with all federal, state, local
laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now
read or hereafter be amended, including but not limited to the Texas Disciplinary Rules of
Professional Conduct
XIII. Governing Law: For the purpose of determining place of agreement and law
governing same, this Agreement is entered into in the City and County of Denton, State of Texas,
and shall be construed in accordance with, and governed by the laws of the State of Texas Venue
and jurisdiction of any suit or cause of action ansing under or in connection with this Agreement
shall lie exclusively in a court of competent jurisdiction sitting in Denton County, Texas
XIV. Discrimination Prohibited. In performing the services required hereunder, the
Consultant shall not discriminate against any person on the basis of race, color, religion, sex,
national origin or ancestry, age, or physical handicap
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XV. Persnnnel•
A Consultant represents that it has or will secure at its own expense all personnel required
to perform the services required under this Agreement Such personnel shall not be
employees nor have any contractual relations with the City Consultant shall inform
the City of any conflict of interest or potential conflict of interest that may anse during
the term of this Agreement, in accordance with Consultant's responsibilities under the
Texas Disciplinary Rules of Professional Conduct
B All services required hereunder will be performed by the Consultant or under its direct
supervision All personnel engaged in work shall be qualified and shall be licensed,
authorized, or permitted under state and local laws to perform such services
XVI. Assignability- The Consultant shall not assign any interest in this Agreement and
shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise)
without the prior written consent of the City thereto
XVII. Seyer� All agreements and covenants contained herein are severable,
and in the event any of them, with the exception of those contained in sections headed "Scope of
Services", "Independent Contractor Relationship", and "Compensation and Method of Payment"
hereof, shall be held to be invalid by any court of competent junschction, this Agreement shall be
interpreted as though such invalid agreements or covenants were not contained herein
XVIIh Responsibilities for C aims and iaahility- Approval by the City shall not
constitute nor be deemed a release of the responsibility and liability of the Consultant for the
accuracy and competency of its work, nor shall such approval be deemed to be an assumption of
such responsibility of the City for any defect in any report or other documents prepared by the
Consultant, its shareholders, associates, employees, officers, or agents in connection with this
engagement
XIX, Mndifleatinn of Agreement- No waiver or modification of this Agreement or of
any covenant, condition, or limitation herein contained shall be valid unless in writing and duly
executed by the party to be charged therewith 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, unless such waiver or
modification is in writing, duly executed as aforesaid The parties further agree that the provisions
of this article will not be waived as herein set forth
Y.X. Captions: 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
XXI Binding F.ffeet- This Agreement shall be binding upon and inure to the benefit of
the parties hereto and their respective heirs, executors, administrators, legal representatives,
successors, and assigns, where permitted by this Agreement
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IN WITNESS HEREOF, the City of Denton, Texas has executed this Agreement in four (4)
original counterparts by and through its duly authorized City Manager, and Consultant has execyt9d
this Agre dent y and through its duly authorized undersigned Shareholder, dated this the
day of�17�4 2000
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By if/'
chael 4 Jez, i ger
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By
AP OVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
By
LLOYD, GOSSELIN& ROCHELLE, BLEVINS
ROCHELLE, BALDWIN & TOWNSEND, P C
A Texas Professional Corporation
By AZ4W�4 -
Lambeth Townsend, Shareholder
ATTEST
10eou2\agtoo0817 Page 8
ORDINANCE NO A001-
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, Gosselmk, Blevms, 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
Gosselmk 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, Gosselmk, 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 Gosselmk, 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
SECTION 5 That except as provided in Section 4 heremabove, this ordinance shall
become effective immediately upon its passage and approval
PASSED AND APPROVED this the liv day of 12001
&d44-- A4-
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By 9""� /' )"
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
By
S \Our Documents\Ordmances\01\Lloyd Gosselmk First Amended Contract UCOS DME ord doc
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, Blevms, Rochelle, Baldwin &
Townsend, PC 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,
Blevms, 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
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, Blevms, Rochelle, Baldwin & Townsend, P C have executed this First
Amendment To Agreement For Professional Legal Services, in (4) original counterparts,
b and through their respe trve duly authorized representatives and officers on this the
day of 12001
"CITY"
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By -JA W V�L
Howar Mar in, In a im M ty 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
ATTEST
By
S \Our Documents\Contracts\01\L1oyd Gossehnk First Amended Agrmt UCOS DME doe
2