1997-104 ORDINANCE NO q ~-/~ ~/
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST
AMENDMENT TO THE CONTRACT FOR PROFESSIONAL LEGAL SERVICES WITH
THE LAW OFFICES OF JIM BOYLE, AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFORE, PROVIDING A SAVINGS CLAUSE, AND PROVIDING AN EFFECTIVE
DATE
WHEREAS, the City needs to require the legal counsel and lobbyist hired to represent
the Ctty in legislative matters that may be introduced in the 75th Legislature to perform additional
services relating to legislation concerning deregulation of electric utiht~es, contingent on the
troduct~on of certain deregulation legislation by the Chairman of the Senate State Affmrs Com-
rmttee or, similar deregulation legislation introduced by other members of the State Legislature,
and
WHEREAS, m the event of the introduction of this new deregulation legislation, the cur-
rent Agreement wath the Law Offices of Jim Boyle needs to be amended to authorize the Con-
sultant to engage subconsultants to assist it in lobbying and other legislative matters related to
th~s and other deregulation legislation, and
WHEREAS, the City expects that the City of Garland, through its Garland Electric Utd-
ity, will become a party to this Agreement and wall share equally in paying the Consultant's fees
' e
and recetwng the Consultant s serv~c s, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
SECTION I That the C~ty Manager is hereby authorized to execute a First Amendment
to that Agreement for professional legal services wath the Law Offices of Jim Boyle regarding
certain contingent legislative matters and related deregulation legislation, substantially m the
form of the copy of the First Amendment wtuch ~s attached hereto and incorporated herein, along
with any addtt~onal amendments to that Agreement necessary to include the C~ty of Garland as a
party
SECTION II That the expenditure of funds as provided ~n the attached First Amendment
is hereby authorized
~ That save and except as amended hereby, all the prowsions, sections, sub-
sections, paragraphs, sentences, clauses, and phrases of the Agreement w~th the Law Offices of
Jim Boyle shall remain in full force and effect
SECTION IV That this ordinance shall become effective immediately upon ~ts passage
and approval
PASSED AND APPROVED this the /0~ day of ~A/,]~?, ,1997
JA(~vlILLER, MAYOR
ATTEST,
JENNIFER WALTERS, CITY SECRETARY
BY , ...Fid .~L--~
AP4 Er~ AS ~O LEGAL FORM
HERI~ RTL PROUTY, CITY ATTORNEY
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FIRST AMENDMENT TO EMPLOYMENT CONTRACT FOR
PROFESSIONAL LEGAL SERVICES WITH JIM BOYLE
STATE OF TEXAS
COUNTY OF DENTON §
This First Amendment to that certain Agreement made and
entered into the 17th day of September, 1996, by and between the
Law office of Jim Boyle, with Jim Boyle having full authority to
execute this Agreement, 1005 Congress, Suite 550, Austin, Texas
78701, hereinafter referred to as "Consultant" and the City of
Denton, Texas, a Texas municipal corporation, 215 East McKlnney,
Denton, Texas 76201, hereinafter referred to as "City," hereinafter
referred to as "Base Agreement"
WHEREAS, the City needs to require the legal counsel and
lobbyist hired to represent the City in legislative matters that
may be introduced in the 75th Legislature to perform additional
services relating to legislation concerning deregulation of
electric utilities, and
WHEREAS, in the event of the introduction of this new deregu-
lation legislation, the current Base Agreement with the Consultant
needs to be amended to authorize the Consultant to engage subcon-
sultants to assist him in lobbying and other legislative matters
related to this and other deregulation legislation, and
WHEREAS, the City expects that the City of Garland, through
its Garland Electric utility, will become a party to this Agreement
and will share equally in paying the Consultant's fees and
receiving the Consultant's services, NOW, THEREFORE,
IN CONSIDERATION of the promises and mutual obligations
herein, the parties hereto mutually agree as follows
I
That Section I "Scope of Services" of the Base Agreement is
hereby amended by adding subsection A 4 and subsection C, to read
as follows'
4 Contingent upon electric utility deregulation legislation
being introduced in the 75th Legislative Session by
Kenneth Armbrlster, the Chairman of the Senate State Af-
fairs Committee or any other similar significant deregu-
lation legislation being introduced by another member of
the Legislature, Consultant shall monitor such legisla-
tion and provide periodic status reports to the City when
and if such deregulation is introduced, and shall use its
best efforts to assist the City in effectively opposing,
changing, or amending provisions which are adverse to the
City and other TMPA municipalities It is expected that
if such legislation is introduced, this will require an
intensive effort Accordingly, the Consultant is hereby
authorazed to hire such subconsultants and other assis-
tants at deems necessary to effectively provide the
addataonal services set forth herean
C In the event that the Caty of Garland, actang through ats
Garland Munacipal utilities, agrees to enter anto thas
Agreement wath Consultant, wherever the term "City" as used
herein, it shall refer to both the Caty of Denton and the Caty
of Garland Wherever the term "Caty of Denton Munacipal
utilities" as used, it shall refer both to the Caty of Denton
Munacipal utalataes and the City of Garland Mun~capal utala-
ties Wherever the term ',Executave Darector of Utilataes" as
used, at shall refer to the Executave Darector of Util~taes of
both the C~ty of Denton and the City of Garland In the event
the Caty of Garland enters anto thas Agreement, then the Caty
of Garland shall share equally an all services provaded by
Consultant herean, and the Caty of Denton and the Caty of
Garland shall each pay the Consultant's fees for services
herein on an equal 50/50 basas Addataonally, the Caty of
Denton and the Consultant agree to make any addltaonal amend-
ments to the Agreement necessary to allow the Caty of Garland
to become a party to thas Agreement under these condataons
II
That subsectaon A of Sectaon III ,,Compensation and Method of
Payment" of the Base Agreement as hereby amended to read as
follows
A The Consultant shall charge the followang fees for ~ts
professional servaces hereunder, based on the followang hourly
rates for the attorneys and support staff anvolved an thas
matter'
Staff Rate Estamated
Hours
Jim Boyle $170 00 per hour
Assocaate $140 00 per hour
Paralegal Not applacable
Consultant agrees that all charges for the servaces hereunder,
ancluding expenses, for servaces through the 75th Legislative
Session, wall not exceed tharty-seven thousand dollars
($37,000), to be paad at a rate of three thousand dollars
($3,000) per month through September-December, 1996, for a
total during this peraod not to exceed twelve thousand dollars
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($12,000), and five thousand dollars ($5,000) per month
through January-May, 1997, for a total during this per~od not
to exceed twenty-f~ve thousand dollars ($25,000) Provided,
however, if Senator Kenneth Armbr~ster ~ntroduces a Bill, or
a similar Bill is introduced by any other member of the 75th
Legislature that involves the deregulation of electric
utilities, including, without l~mltatlon, retail electric
utility competitlon, wholesale and retail wheeling, or the
recovery of stranded costs, Consultant shall be pa~d an amount
not to exceed an additional forty thousand dollars ($40,000),
or an amount for the January-May, 1997 period not to exceed
sixty-f~ve thousand dollars ($65,000), including all charges
for services of any subconsultants which the Consultant deems
necessary to employ
III
That subsection B of Section XIV "Personnel" of the Base
Agreement ~s hereby amended to read as follows
B All services required hereunder w~ll be performed by Consul-
tant or under its supervislon Nothing herein, however, shall
prevent the Consultant from hiring any subconsultants or other
personnel ~t deems necessary to carry out the services set
forth herein, provlded that all personnel engaged in work
shall be qualified and shall be authorized or permitted under
state and local law to perform such services
IV
That save and except as amended hereby, all the remaining
terms and conditions of the Base Agreement shall remain in full
force and effect.
EXECUTED th~s the /~ day of ~, 1997
CITY OF DENTON, TEXAS
BY
TED BENAVIDES, CITY MANAGER
ATTEST'
JENNIFER WALTERS, CITY SECRETARY
BY
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APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
THE LAW OFFICES OF JIM BOYLE
BY
JIM BOYLE
CITY OF GARLAND, TEXAS
BY'
, CITYMANAGBK
ATTEST.
, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
CHARLIE HINTON, CITY ATTORNEY
BY'
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