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HomeMy WebLinkAbout1999-470ORDINANCE NO q AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH DIVERSIFIED UTILITY CONSULTANTS, INC TO PERFORM AN AUDIT AND A FRANCHISE REVIEW OF TXU ELECTRIC AND GAS, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE WHEREAS, by Ordinance No 99-279, passed by the City Council on August 24, 1999, the City Council authorized the City Manager to enter into a Professional Services Agreement with Diversified Utility Consultants, Inc to perform an audit and a franchise review of TXU Electric and Gas ("TXU"), and WHEREAS, due to TXU's failure to respond to requests for information completely and in a timely fashion, it is necessary to extend this Professional Services Agreement for an additional 30 days in order for Diversified Utility Consultants, Inc to complete the audit of these franchise fee payments, and WHEREAS, the City Council deems it in the public interest to enter into this First Amendment, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the City Manager is hereby authorized to enter into a First Amendment to that Professional Services Agreement with Diversified Utility Consultants, Inc, substantially in the form of the First Amendment attached and made a part of this ordinance for all purposes to extend the tern of the audit and franchise review of TXU Electric and Gas for an additional 30 days SECTION 2 That the City Manager is hereby authorized to make the expenditures and take the actions set forth in the attached Agreement SECTION 3 That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the _e-_ day of 1999 JACK20LtER,O. ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY ?/j/z V2 � - 5 \Our Dwumenmprdinamee\99Wifemficd fist nmendmem dm FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR PROFESSIONAL SERVICES REGARDING TXU ELECTRIC AND GAS CURRENT YEAR AND PREVIOUS YEAR FRANCHISE FEE CALCULATIONS STATE OF TEXAS COUNTY OF DENTON § This First Amendment to that certain Agreement made and entered into as of the 241h day of August, 1999, by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "OWNER" and Diversified Utility Consultants, Inc, with its corporate office at 12113 Rome Drive, Suite 110, Austin, Texas 78729, hereinafter called "CONSULTANT," acting herein, by and through their duly authorized representatives, hereinafter referred to as "Base Agreement" WHEREAS, OWNER entered into the Base Agreement with CONSULTANT to perform audits of TXU Electric and Gas' ("TXU") current year and previous year franchise fee calculations, and WHEREAS, due to the failure of TXU to answer requests for information in a timely and complete manner, there is a need to extend the contract term for an additional 30 days, NOW, THEREFORE, WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows SECTION 1 That Article 4 "Period of Service" of the Base Agreement is hereby amended to extend the Base Agreement for an additional 30 days so that the same shall read as follows ARTICLE 4 PERIOD OF SERVICE This Agreement shall become effective upon execution of this Agreement by the OWNER and the CONSULTANT and upon issue of a notice to proceed by the OWNER, and shall remain in force for the period which may reasonably be required for the completion of the Project, including Additional Services, if any, and any required extensions approved by the OWNER, provided however, the Project shall be completed within 150 days of the date of the notice to proceed, unless an extension of time is granted by the OWNER This Agreement may be sooner terminated in accordance with the provisions hereof Time is of the essence in this Agreement The CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule established by the OWNER in Exhibit "A", acting through its City Manager or his designee SECTION 2 That save and except as amended hereby all the original sections, subsections, paragraphs, sentences, and clauses of the Base Agreement shall remain in full force and effect IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and CONSULTANT has executed this Agreement through its duly authorized undersigned officer on this the l 5 4 day of -Oct c,a.,m bA,(- 19 CITY OF DENTON, TEXAS W AZ, CIfY MANAGER ATTEST JENNIFER WALTERS, CITY SECRETARY BY 09JI1 APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY DIVERSIFIED UTILITY CONSULTANTS, INC )1seA pow;' - JAM POUS, PRINCIPAL WITNESS BY S \0. D Uc U\ bao Wp4hveMna u fi unenQdoc �'—