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1996-267AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND LLOYD, GOSSELINK, FOWLER, BLEVINS AND MATHEWS, AUTHORIZING THE EXPENDITURE OF FUNDS AS PROVIDED IN THE AGREEMENT, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Manager is authorized to execute the First Amendment to a Professional Servmces Agreement between the City of Denton and Lloyd, Gossel~nk, Fowler, Blev~ns and Mathews, substantially ~n the form of the attached agreement which is made a part of this ordlnance for all purposes SECTION II That the Czty Manager is hereby authorized to make expendItures as may be required under the Agreement SECTION III That th~s ordinance shall become effective ~mmed- lately upon its passage and approval PASSED AND APPROVED this the /re'day of ATTEST JENNIFER WALTERS, CIT~ SECRETARY HERBERT L PROUTY, CITY ATTORNEY FIRST AMENDMENT TO EMPLOYMENT CONTRACT FOR PROFESSIONAL LEGAL SERVICES BETWEEN THE CITY OF DENTON, TEXAS AND LLOYD, OOSSELINK, FOWLER, BLEVINS AND MATHEWS STATE OF TEXAS § COUNTY OF DENTON § Thss First Amendment to_~,.,~_~aln Agreement made and entered into the /~ day of ~"w~996 by and between Lloyd, Gossellnk, Fowler, Blevlns and Mathews, P C , a Texas professional corporation (hereinafter referred to as "Consultant"), with Lambeth Townsend having full authorIty to execute th~s Agreement on behalf of Consultant, 111 Congress Avenue, Suite 1800, Austmn, Texas 78701 and the Cmty of Denton, Texas, a Texas munIcipal corporatmon (hereinafter referred to as "City"), 215 East McKlnney, Denton, Texas 76201, and sa~d Agreement heremnafter bemng referred to as "Base Agreement" WITNESSETH~ WHEREAS, the City and Consultant need to amend the Base Agree- ment to provide for additional compensation for services performed and to place conditions on the payment of add~tmonal compensatIon, NOW, THEREFORE, in consideration of the promises and mutual obligations herein, the parties hereto do mutually agree as follows I That Section III A of the Ease Agreement is hereby amended to read as follows A The Consultant shall charge the following fees for its profes- sional services hereunder, based on the following hourly rates for the attorneys and support staff involved ~n th~s matter Hourly Est~mated Staff Rate Hours Lambeth Townsend 180 00 Law Clerk 75 00 Paralegal 75 00 Consultant agrees that all charges for the services hereunder, including expenses, w~ll not exceed $75,000 Consultant understands that the $75,000 not to exceed limit ~s an agreed upon absolute lzmztatlon on the maximum compensation for services herein Consultant agrees to provide and manage the delivery of its services to assure that its billings will not exceed this maximum compensatIon lzmlt lncludzng, without limitation, utilizing members of the professIonal staff of the City's utilities Department and the City Attorney's office to attend hearlngs before the Public Utllzty Commission and other agencIes, to draft documents, and to perform other tasks requmred hereunder when approprzate to reduce the overall charges of Consultant and to assure that Consultant's total charges hereunder w~ll fall w~thln the not to exceed limit II That save and except as amended hereby, the remaining sections, subsections, sentences, paragraphs, and phrases of the Base Agreement shall remain in full force and effect IN WITNESS HEREOF, the Czty of Denton, Texas has caused this Agreement to be executed by zts duly authorzzed C~ty Manager and Consultant has execute_d~th~s Agreeme~.throu~h its duly authorized officer, dated the /~'~FT day of ~, 1996 CITY OF DENTON, TEXAS TED BENAVIDES, CITY MANAGER ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY LLOYD, GOSSELINK, FOWLER, BLEVINS AND MATHEWS Page 2