1997-287 O D ANCE NO
AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL AND AWARDING
A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES, PROVIDINa FoR rUE EXPENDmr OF F DS mEREFORE,
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City has soh¢lted, received and tabulated competmve sealed proposals for
the purchase of necessary materials, equipment, supplies or services ~n accordance vath the
procedures of state law and City ordinances, and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the hereto descnbed proposals are the best responsible proposals for the materials, eqmpment
supphes or services as shown ~n the "Proposals" submitted therefor, and
WHEREAS, the City Council has provided m the City Budget for the appropriation of funds
to be used for the purchase of the materials, eqmpment, supplies or services approved and accepted
herein, NOW, THEREFORE,
THE cOLrNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the numbered items m the followung numbered bids for materials,
eqmpment, supplies, or se~vices, shown in the "Proposals" attached hereto, are hereby accepted and
approved as being the best responsible proposal for such items
RFSP ITEM
~ NO_ VENDOR AMOIrNT
2086 ALL R W BECK, INC $34,500 00
~ That by the acceptance and approval of the above numbered items of the
submitted proposals, the City accepts the offer of the persons submimng the proposals for such items
and agrees to purchase the matenals, eqmpment, supplies or services in accordance wath the terms,
spemfieauons, standards, quanuues and for the specified sums contained in the Invitations,
Proposals, and related documents
SEG. TIDI~III That should the City and persons submatung approved and accepted items and
of the submitted proposals wtsh to enter into a formal written agreement as a result of the
acceptance, approval, and awarding of the proposal, the C~ty Manager or his designated
representaUve is hereby anthonzed to execute the written contract which shall be attached hereto,
provided that the written contract m m accordance wath the terms, condmons, specifications,
standards, quantities and specified sums contained in the Proposal and related documents herein
approved and accepted
SECTION IV That by the acceptance and approval of the above numbered ~tems of the
subnutted proposals, the Caty Council hereby anthonzes the expenditure of funds therefor m the
amount and m accordance vath the approved proposal or pursuant to a written contract made
pursuant thereto as authorized hereto
~ That flus ordrnanee shall become effective umnedmtely upon ~ts passage and
approval
PASSED A~D A~PROVED ~sA*~ of ~ ~997
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
2
DATE SEPTEMBER 23, 1997
CITV COUNC. IL REPORT
TO Mayor and Members of the City Council
FROM Kathy DuBose, Assistant City Manager of Finance
SUBJECT RFSP # 2086 - ELECTRIC SERVICE FUNCTIONAL UNBUNDLING ELECTRIC
COST OF SERVICE AND ELECTRIC RATE DESIGN
~: We recommend Phase I of the above referenced RFSP be awarded to R W Beck,
Inc in the amount of $34,500 00, and that Phase II be considered at a later date
SUMMARY This RFSP IS to conduct an electric cost of service/function unbundhng in Phase I and a rate
design study m Phase II This study is required to support overall Electric Strategic Planning The study ~s
intended to provide the detailed analysis of functional and customer cost necessary to redesign rates
Phase I consists of the following tasks
Forecast Revenue Requirements for a three year period
Conduct a Functional Unbundhng of costs, to include at a minimum generation, transmission,
distribution and admlmstratlve costs
Conduct a Cost of Servme study which allocates costs to each appropriate customer class, as
determined by the Consultant
Review the applicability of current cost accounting methodology and make recommendations
for improvements
Project future electrm revenue reqmrements over a minimum of three years, giving
consideration to potential deregulation of the industry
Analyze and identify short and long run marginal costs and their components
The study contract has been divided into two phases to allow delay of the rate design effort until a review of
Electric strategias has been completed Phase I is scheduled to be completed within 75 days of contract award
(early December, 1997), and the award of Phase II may be delayed up to 90 days (to early March, 1998) if
necessary
This two-phase approach gives the City slgmfieant flexiblhty to match the Phase II rate design with any
revisions in strategies The City has also reserved the right to not award Phase II of the contract
PROGRAM~.. DEPARTMENTS OR GROUPgAF_EECTED: City of Denton Utdmes
~ISEAL2~EAC~ Funds for Phase I oftbas study are available from 1996/97 budget funds Account #
610-105-1057-9300-8502
Attachment List of Respondents
Memorandum from R E Nelson to Council dated September 23, 1997
Respeptfully submitted
K~thX_.BuB~ Oe -
Assistant City Manager of Finance
Title Purchasing Agent
933 AGENDA
3
THE FOLLOWING FIRMS RESPONDED TO THE RFSP # 2086
Reed-Stowe and Co, Inc
Bums & McDonnell
R W Beck, Inc
Black and Veatch
4
CITY of DENTON, TEXAS MUNICIPAL BUILDING, 215 E McKINNEY · DENTON, TEXAS 76201
(817) 566 8200 · DFW METRO 434 2529
To Mayor and Members of the City Council
Through' Ted Benavldes, City Manage~l~
From Sharon Mays, Director, Electric Utility
Date September 19, 1997
Subject CONTRACT WITH R W BECK FOR AN ELECTRIC COST OF
SERVICE/FUNCTIONAL UNBUNDLING RATE STUDY
Four consulting firms submitted proposals to perform the electric
utility cost of service/functional unbundllng and rate design
study, separated into two phases The two highest priced proposals
were reviewed and eliminated after determining the services to be
provided were obtainable at lower costs from the remaIning two iow
bidders A recommendation to award the bid to R W Beck versus
Black & Veatch was made after reviewing the proposals in detail
and discussing themr technical emphasis and approach to Denton's
needs with the Public Utility Board The request for proposal
clearly stated the technical proposal submItted would be given
primary consideration in awarding the contract Staff and the
Public Utility Board are in agreement that Denton would be best
served using R W Beck Ma]or areas of comparison with comments
between the R W Beck and Black & Veatch proposals are discussed
below by functional categories
Price Phase 1 Phase 2
R W Beck $34,500 $23,600
Black & Veatch $37,400 $15,800
Key Personnel The R W Beck team has much greater electric
utility experience than B&V's team Beck will utilize electric
regulatory and cost of service/rate design staff with extensive
electric utility backgrounds, specialists in deregulation and rate
design B&V placed members on their team, including the client
llalson, with ma]or backgrounds in water/wastewater utility
services
Familiarity Issues Beck worked on the Greenville transmission
cost of service filing, and is extremely familiar with the
deregulatory environment in Texas B&V's familiarity is national
in scope, with little specific exposure to the Texas environment
Beck has designed an Electric Reliability Council of Texas (ERCOT)
"Dedtcated to Quahty Servtce"
assessment model which forecasts the impact of deregulation This
· nformatlon wall be available for use in the Denton analysis
Revenue Requirement Beck proposed to take into account the impact
of deregulation and retail wheeling scenarios tn developing
revenue requirements B&V proposed no analys~s of deregulation or
retail wheeling scenarios
Functional Unbundlang Beck's proposal was more complete and
detailed in identifying functional categories that need to be
unbundled an the study Several additional cost unbundllng
functions were identified that will enable Denton to obtain a
better analysis of the current service costs in place B&V took a
more traditional approach, based on the way things have been done
in the past
Cost Accounting Methodology Beck discussed activity based cost
accounting and emphasized the need to utilize activity based
accounting for cost analysis in the current environment Beck will
review all electric utility cost documents and provide comments on
their recommended utilization and/or additional ~mplementatlon
plans B&V dad not address this issue other than one sentence,
which indicated their approach would not meet Denton's needs
Marginal Costs Beck has proposed providing a spreadsheet program
for utilization in this area, and which we can continue to utilize
as conditions change Beck will develop marginal costs with
existing facilities and loads as well as w~th new facilities or
other arrangements to serve additional loads Th~s cost
information will be extremely valuable ~n pricing electric
services under varying environmental conditions B&V will provide
a more limited analysis of marginal costs based upon existing
condltaons during the three year forecast period
Rate Design Beck will develop and provide a computer model
utlllzang the current on-line billing records during their rate
design process to ensure there are no surprises after rate
implementation Rates will be designed in con]unction with our
marketang strategy, strategic plans, and the competitive
environment Comparisons will be provided for other public and
private utilities ~n the area and state B&V will develop rates
but were not as complete in their discussion of what would be
provided or their willingness to ~nclude Denton staff input
throughout the process
Software Availability Both firms will provide all software, with
Beck providing one day of training using their models and marginal
cost spreadsheet
PROFESSIONAL SERVICES AGREEMENT
FOR CONSULTING SERVICES PERTAINING TO
DENTON MUNICIPAL ELECTRIC UTILITY COSTS
S'I"%rE OF TEXAS
COUNTY OF DENTON §
THIS AGREEMENT zs made and entered ~nto as of the 23rd day of
September , 1997, by and between the City of Denton, a Texas
Municipal Corporatzon, w~th zts principal office at 215 E McKlnney
Street, Denton, Texas 76201 (hereinafter ,,OWNER") and R W BECK, a
Corporation, w~th its office at Bank One Buzld~ng, Suzte 1900, 1125
Seventeenth Street, Denver, Colorado, (hereznafter "CONSULTANT")
acting herein, by and through their duly authorized
representatives
WITNESSETH, that an conslderatzon of the covenants and
agreements herein contained, the partles hereto do mutually AGREE
as follows
EMPLOYMENT OF CONSULTANT
The OWNER hereby contracts wzth CONSULTANT, as an lndependent
contractor, and the CONSULTANT hereby agrees to perform the
services herezn ~n connectmon wzth the Project as stated in the
artzcles to follow, w~th d~llgence and in accordance with the
h~ghest professional standards customarily obtazned for such
services ~n the State of Texas The professzonal services set out
here~n are in connectzon w~th the following described project
Consultzng Servmces Pertalnzng To Denton Municipal Electric Utll~ty
Costs-Phase I (the "Pro3ect")
ARTICLE II
SCOPE OF SERVICES
The CONSULTANT shall perform the following services in a
professmonal manner
A To perform all those servlces set forth in CONSULTANT'S
proposed "Scope of Work" which is attached hereto and
Incorporated herewith by reference as Attachment A
B CONSULTANT shall perform all those servlces set forth ~n any
lndlvldual task orders which shall be attached to th~s
Agreement and made a part hereof for all purposes as separate
agreements
C If there is any conflict between the terms of thzs Agreement
and the Attachments attached to thzs Agreement, the terms and
conditions of this Agreement will control over the terms and
condltlons of the Attachments or task orders
ARTICLE III
PERIOD OF SERVICE
This Agreement shall become effective upon execution by the
OWNER and the CONSULTAI~T and upon zssuance of a notzce to proceed
by the OWNER, and shall remain in force for the per~od which may
reasonably be required for the completion of the Pro~ect, and any
required extensions approved by the OWNER This Agreement may be
sooner terminated ~n accordance w~th the provisions hereof T~me
· s of the essence in thms Agreement The CONSULTANT shall make all
reasonable efforts to complete the servzces set forth here~n as
expedlt~ously as posszble and to meet the schedule established by
the OWNER, acting through its Cmty Manager or h~s deszgnee
PAGE 2
ARTICLE IV
COMPENSATION
A COMPENSATION TERMS
"Direct Non-Labor Expense" is defined as that expense (based
upon actual cost) for any assignment incurred by the CONSULTANT
for air fare, taxi fare, lodging, meals while traveling,
parking fees, tolls, automobile rental (when required), ground
transportation, long-distance telephone charges, printing and
reproduction costs, and other incidental expenses incurred in
connection with the Project
B BILLING AND PAYMENT
For and in consideration of the professional services to be
performed by the CONSULTANT herein, the OWNER agrees to pay
based on the cost estimate detail at an hourly rate shown in
Attachment B, which is attached hereto and incorporated by
reference herewith, a total fee including reimbursement for
direct non-labor expense not to exceed $34,500 00
Partial payments to the CONSULTANT w~ll be made on the basis of
detailed monthly statements rendered to and approved by the
OWNER through its City Manager or his designees, however, under
no circumstances shall any monthly statement for services
exceed the value of the work performed at the time a statement
is rendered The OWNER may w~thhold the f~nal 10% of the
contract amount until completion of the Project
Nothing contained ~n this Article shall require the OWNER to
pay for any work which is unsatisfactory as reasonably
determined by the City Manager or his designee or which is not
submitted in compliance with the terms of this Agreement The
City shall not be required to make any payments to the
CONSULTANT when the CONSULTANT is in default under this
Agreement
PAGE 3
It ls specifically understood and agreed that the CONSULTANT
shall not be authorized to undertake any work pursuant to th~s
Agreement which would require additional payments by the OWNER
for any charge, expense or reimbursement above the maximum not
to exceed fee as stated w~thout f~rst having obtained written
authorization from the OWNER
C PAYMENT
If the OWNER falls to make payments due the CONSULTANT for
services and expenses w~th~n forty-five (45) days after receipt
of the CONSULTANT'S undlsputed statement thereof, the amounts
due the CONSULTANT will be ~ncreased by the rate of one percent
(1%) per month from the said forty-flfth (45th) day, and in
add~tlon, the CONSULTANT may, after g~vlng seven (7) days'
wrltten not~ce to the OWNER, suspend services under th~s
Agreement until the CONSULTANT has been paid ~n full all
amounts due for services, expenses and charges Provided,
however, nothlng herein shall require the OWNER to pay the late
charge of one percent per month (1%) as set forth here~n, ~f
the OWNER reasonably determines that the work ~s
unsat~mfactory, in accordance w~th th~s Article IV,
Compensation
OBSERVATION AND REVIEW OF THE WORK
The CONSULTANT w~ll exercise reasonable care and due d~llgence
d~scover~ng and promptly reporting to the OWNER any defects or
def~clencles ~n the work of the CONSULTANT or any subcontractors or
subconsultants
PAGE 4
ARTICLE VI
OWNERSHIP OF DOCUMENTS
Ail documents prepared or furnished by the CONSULTANT (and
CONSULTANT's subcontractors or subconsultants) pursuant to this
Agreement are instruments of service and shall become the property
of the OWNER upon the termination of this Agreement The
CONSULTANT is entitled to retain copies of all such documents The
documents prepared and furnished by the CONSULTANT are intended
only to be applicable to this pro3ect and OWNER'S use of these
documents in other projects shall be at OWNER'S sole risk and
expense In the event the OWNER uses the Agreement ~n another
project or for other purposes than specified herein any of the
information or materials developed pursuant to this agreement,
CONSULTANT is released from any and all liability relating to their
use an that project
ARTICLE VII
INDEPENDENT CONTRACTOR
CONSULTANT shall provide servzces to OWNER as an zndependent
contractor, not as an employee of the OWNER CONSULTANT shall not
have or claim any r~ght arising from employee status
ARTICLE VIII
INDEMNITY AGREEMENT
The CONSULTANT shall ~ndemnlfy and save and hold harmless the
OWNER and its officers, agents, and employees from and against any
and all l~ablllty, claims, demands, damages, losses and expenses,
including but not l~mlted to court costs and reasonable attorney
fees incurred by the OWNER, and including w~thout lzmltatlon
damages for bodily and personal zn3ury, death and property damage,
resulting from the negligent acts or omissions of the CONSULTANT or
· ts offzcers, shareholders, agents, or employees in the execution,
operatzon, or performance of thzs Agreement
PAGE 5
Nothzng mn thzs Agreement shall be construed to create a
llabzllty to any person who ls not a party to this Agreement and
nothzng herein shall waive any of the party's defenses, both at law
or equzty, to any clazm, cause of actzon or lztzgatlon fzled by
anyone not a party to thls Agreement, including the defense of
governmental immunity, whzch defenses are hereby expressly
reserved
ARTICLE IX
INSURANCE
During the performance of the Services under this Agreement,
CONSULTANT shall maintain the following insurance with an ~nsurance
company l~censed to do business in the State of Texas by the State
Insurance Commission or any successor agency, that has a rating
w~th Best Rate Carriers of at least an "A-" or above
A ComprehensIve General L~ab~lmty Insurance w~th bodily zn]ury
l~m~ts of not less than $500,000 for each occurrence and not
less than $500,000 in the aggregate, and w~th property damage
limits of not less than $100,000 for each occurrence and not
less than $100,000 in the aggregate
B Automobile L~ab~l~ty Insurance with bodily zn]ury l~mzts of not
less than $500,000 for each person and not less than $500,000
for each accident and wzth property damage l~mlts for not less
than $100,000 for each accident
C Worker's Compensation Insurance zn accordance wzth statutory
requirements and Employers' Liability Insurance w~th l~mlts of
not less than $100,000 for each accident
D Professional L~ab~lity Insurance with l~mlts of not less than
$1,000,000 annual aggregate
E The CONSULTANT shall furnish znsurance cert~fzcates or
insurance polzczes at the OWNER's request to evzdence such
PAGE 6
coverages The insurance polacles shall name the OWNER as an
addltaonal znsured on all such pollcaes to the extent legally
posszble, and shall contaan a prov~saon that such ~nsurance
shall not be canceled or modlfaed w~thout 30 days przor written
notice to OWNER and CONSULTANT In such event, the CONSULTANT
shall, prior to the effectzve date of the change or
cancellation of coverage, serve cop~es of any substztute
polacles furnzshlng the same coverage to OWNER
ARTICLE X
ARBITRATIONANDALTERNATE DISPUTE RESOLUTION
The parties may agree to settle any d~sputes under thzs
Agreement by submitting the dispute to arbztratlon or other means
of alternate d~spute resolution such as medzat~on No arb~trataon
or alternate daspute resolution arising out of or relatang to, this
Agreement lnvolvang one party's disagreement may include the other
party to the disagreement w~thout the other's approval
ARTICLE XI
TERMINATION OF AGREEMENT
A Notwzthstand~ng any other provzs~on of thzs Agreement, e~ther
party may terminate by glvlng thzrty (30) days advance written
notice to the other party
B Thas Agreement may be termanated zn whole or zn part an the
event of either party substantzally faalzng to fulfill
oblagatlons under thzs Agreement No such termanataon wzll be
affected unless the other party as g~ven (1) written notace
(delivered by certified mall, return receapt requested) of
antent to termznate and settzng forth the reasons specifying
the nonperformance, and not less than 30 calendar days to cure
the failure, and (2) an opportunity for consultatzon w~th the
termanat~ng party prior to termanat~on
C If the Agreement zs termanated praor to completaon of the ser-
PAGE 7
vices to be provided hereunder, CONSULTANT shall immediately
cease all services and shall render a final bill for services
to the OWNER within 30 days after the date of termination The
OWNER shall pay CONSULTANT for all services properly rendered
and satmsfactor~ly performed and for remmbursable expenses to
termination ~ncurred prior to the date of termination zn ac-
cordance with Article IV, Compensation Should the OWNER sub-
sequently contract w~th a new CONSULTANT for the continuation
of services on the Project, CONSULTANT shall cooperate in
providing information The CONSULTANT shall turn over all
documents prepared or furnmshed by CONSULTANT pursuant to this
Agreement to the OWNER on or before the date of termznatlon but
may malntaln cop~es of such documents for lts use
ARTICLE XII
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval by the OWNER shall not constztute nor be deemed a
release of the responsibility and llabllzty of the CONSULTANT, its
employees, associates, agents, subcontractors and subconsultants
for the accuracy and competency of their designs or other work, nor
shall such approval be deemed to be an assumption of such
responsibility by the OWNER for any defect in the design or other
work prepared by the CONSULTANT, its employees, subcontractors,
agents and subconsultants
ARTICLE XIII
NOTICES
All notices, communications, and reports required or permitted
under this Agreement shall be personally delivered or mailed to the
respective partmes by depositing same in the Unzted States mall at
the address shown below, certified mazl, return receipt requested
unless otherwise speclfled hereln Mailed notices shall be deemed
communicated as of three days mamllng
PAGE 8
To CONSULTANT To OWNER
R W Beck City of Denton
Attn Attn Ted Benavldes
1125 Seventeenth Street Title Clty Manager
Bank One Bldg Suite 1900 215 E McKlnney
Denver, CO 80262-2615 Denton, Texas 76201
All notices shall be deemed effective upon receipt by the party
to whom such notice is given or within three days mailing
~RTICLE XIV
ENTIRE AGREEMENT
This Agreement consisting of thirteen (13) pages and two (2)
Attachments constitutes the complete and final expression of the
Agreement of the parties and is intended as a complete and
exclusive statement of the terms of their agreements and supersedes
all prior contemporaneous offers, promises, representations,
negotiations, discussions, communicatIons and agreements which may
have been made in connection with the subject matter hereof
ARTICLE XV
SEVERABILITY
If any provision of this Agreement is found or deemed by a
court of competent jurlsdlctlon to be invalid or unenforceable, it
shall be considered severable from the remainder of this Agreement
and shall not cause the remainder to be invalid or unenforceable
In such event, the party shall reform th~s Agreement to replace
such stricken provision with a valid and enforceable provision
which comes as close as possible to expressing the intention of the
stricken provisIon
ARTiClE XW
COMPLIANCE WITH LAWS
The CONSULTANT shall comply w~th all federal, state, local
PAGE 9
laws, rules, regulations, and ordinances applicable to the work
covered hereunder as they may now read or hereafter be amended
ARTICLE XVII
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
PERSONNEL
A The CONSULTANT represents that it ha~ or will secure at its own
expense all personnel required to perform all the services
required under this Agreement Such personnel shall not be
employees or officers of, or have any contractual relations
with the city CONSULTANT shall inform the OWNER of any
conflict of interest or potential conflict of Interest that may
arise during the term of this Agreement
B Ail services required hereunder will be performed by the
CONSULTANT or under its supervision All personnel engaged in
work shall be qualified and shall be authorized and permitted
under state and local laws to perform such services
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 OWNER
PAGE 10
ARTICLE XX
MODIFICATION
NO waiver or modification of th~s Agreement or of any covenant,
condztion, l~m~tatlon herein contained shall be valid unless in
writing and duly executed by the party to be charged therewith No
evidence of any waiver or modlfmcatlon 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, and unless such waiver or modlflcat~on is in
writing, duly executed, and, the part~es further agree that the
provisions of th~s section w~ll not be waived unless as herein set
forth
MISCELLANEOUS
A The following Attachments are attached to and made a part of
this Agreement
1 Attachment A - Scope of Work
2 Attachment B - Fee Schedule
B CONSULTANT agrees that OWNER shall, until the explratzon of
three (3) years after the f~nal payment under this Agreement,
have access to and the right to examine any d~rectly pertinent
books, documents, papers and records of the CONSULTANT
involving transactions relating to th~s Agreement CONSULTANT
agrees that OWNER shall have access during normal working hours
to all necessary CONSULTANT facilities and shall be provided
adequate and appropriate working space in order to conduct
audits in compliance with th~s section OWNER shall give
CONSULTANT reasonable advance not~ce of Intended audits
C Venue of any suit or cause of action under th~s Agreement shall
lie exclusively ~n Denton County, Texas This Agreement shall
be governed by and construed ~n accordance w~th the laws of the
State of Texas
PAGE 11
D For the purpose of this Agreement, the key persons who will
perform most of this work hereunder shall be Joseph A
Manclnelll, Project Director However, nothzng herein shall
limit CONSULTANT from using other qualified and competent
members of their fzrm to perform the services required herein
E CONSULTANT shall commence, carry on, and complete any and all
projects with all applicable dispatch, in a sound, economical,
efficient manner, and, in accordance with the provisions
hereof In accomplzshlng the Project, CONSULTANT shall take
such steps as are appropriate to ensure that the work involved
is properly coordinated with related work being carried on by
the OWNER
F The OWNER shall assist the CONSULTANT by placing at the
CONSULTANT's disposal all available information pertinent to
the project, including previous reports, any other data
relative to the Project and arranging for the access to, and
make all provisions for the CONSULTANT to enter in or upon,
public and private property as required for the CONSULTANT to
perform services under this Agreement
G 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
IN WITNESS WHEREOF, the City of Denton, Texas has caused this
Agreement to be executed by its duly authorized C~ty Manager, and
CONSULTASVf has executed this Agreement~ through itemized
undersigned officer on th~s the ~/~ day of
1997
"CITY"
CITY OF DENTON, TEXAS
TED BENAVIDES, CITY MANAGER
PAGE 12
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APP AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
"CONSULTANT"
R ~, a Corporat~o~/~/
Name 40seph A_ ~nc~n.11~
T:tle Executive Analyst
ATTEST
PAGE 13