1988-2092595L
NO 88_a°9
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND BRACEWELL & PATTERSON AND CHARLES
W EVANS FOR LEGISLATIVE REPRESENTATION AND PROVIDING FOR AN
EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the Mayor is authorized to execute an
agreement etween the City of Denton and Bracewell & Patterson
and Charles W Evans for professional legislative representation,
under the terms and conditions contained in the agreement, a copy
of which is attached hereto
SECTION II That the City Council hereby authorizes the
expen ture o funds in the manner and amount as specified in the
agreement
SECTION III That this ordinance shall become effective
immediately upon its passage and approval
Passed and Approved this the a day of December, 1988
ATTEST
A ROVED AS TO LEGAL FORM
DEBRA A DRAYOVITCH, CITY ATTORNEY
BYr `YV1 rYl/U .
BRACEWELL & PATTERSON
100 CONGRESS AVENUE
AUSTIN TEXAS 78701 4042
512 472 7600
THOMAS A FORBES
PARTNER
2900 SOUTH TOWER PENNZOIL PLACE
HOUSTON TEXAS 77002 2781
713 223 2900
TELEX 76 2141
2000 K STREET N W
WASHINGTON D C 20006 1809
202 828 SBOO
TELEX 69 2573
22 GROSVENOR SOUARE
LONDON WIX ODY
OI 491 4806
TELEX 23469
December 19, 1988
City of Denton
215 East McKinney
Denton, Texas 76201
Re Legislative Representation
Dear Ladies and Gentlemen
This letter will outline the services that the firm Bracewell
& Patterson through Thomas A Forbes and Charles W Evans will
perform as your representatives before the Texas Legislature
during its 71st Session As we understand the discussions and
agreements that we have reached, we will perform the following
duties for the fees that are set out herein
Bracewell & Patterson through Thomas A Forbes ("Forbes")
and Charles W Evans ("Evans") will represent the City
of Denton ("City") before the Texas Legislature and the
Governor of the State of Texas relative to the issue of
obtaining an amendment to Article 4438f, V A T S
concerning the City's obligations to the health care
needs of the indigent as a result of its previous
ownership interest in Flow Memorial Hospital
The parties hereto understand and agree that Forbes will
be responsible for the leadership of the effort set out
in item 1, above, and that Evans will perform his
services pursuant thereto
The responsibilities of Forbes and Evans shall be
divided, generally, as follows
a Forbes will be responsible for the representation
of the City in the Senate of the Texas Legislature
b Evans will be responsible for the representation of
the City in the House of Representatives of the
Texas Legislature
BRACEWELL & PATTERSON
City of Denton
December 19, 1988
Page 2
c The specific duties of Forbes and Evans will be
determined by Forbes and Evans as the Session
progresses and needs dictate
4 Forbes and Evans agree to coordinate their work through
the City Manager of the City Forbes and Evans agree to
provide detailed monthly reports of their activities in
order to fully inform the City of the progress of its
legislative effort
5 The city agrees to make its staff and members of its City
council available at such times as may be necessary to
maximize its effectiveness in promoting the passage of
the legislation described in item 1, above, through
communications with members of the Legislature, meetings
or testimony on the legislation
6 It is understood and agreed that the fee for the services
set out herein, prior to the participation of any addi-
tional cities and any additional fee that may be required
as a result thereof, shall be $60,000, exclusive of
expenses This fee shall be divided between Forbes and
Evans
7 The parties hereto agree that in the event the additional
similarly situated cities agree to participate in this
legislative effort and in the event such participation
requires the expenditure of additional time, effort and
expense by Forbes and Evans an additional fee will be
charged Such additional fee shall be in an amount to
be agreed upon by the parties
8 The fee set out in item 9, above, shall be paid pro rata
on a monthly bases, beginning January 1, 1989 for a
period of twelve (12) months thereafter Such payments
shall be $5,000 per month, to be divided between Forbes
and Evans and paid to them individually upon their
instruction to the City
9 Expenses incurred for long distance, photocopying,
postage, courier charges and such other reasonable out
of pocket expenses shall be reimbursed upon receipt by
the City of an invoice The party incurring such
expenses shall bill the City directly
BRACLWELL & PATTLRSON
City of Denton
December 19, 1988
Page 3
10 Either the City, Bracewell or Evans may terminate this
agreement and their participation therein at any time by
thirty (30) days notice in writing In the event of
termination, the City shall then pay the other party to
the termination any unpaid portion of the prescribed fee
that may then be due and owing, which fee shall be
calculated by reducing the total fee pro rata by the
unelapsed term of this agreement
If this accurately sets forth the substance of our understand-
ing, please so indicate by signing in the space provided and
returning an executed original to me and to the other party
Very truly yours,
Bracewell & Patterson
Thomas A Forbes
TAF/bh
AGREED
CITY OF DENTON
APFRM AS TO FORM
CRY ATTORNEY,
CRY OF WON, TEAS
By
TAF\16986\8002
07090001 LTR
Box 1864
Austin, Texas 78767