2016-067ORDINANCE NO. 2016 -067
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A FIRST SUPPLEMENT TO AMENDMENT TO AN
ENGAGEMENT LETTER FOR PROFESSIONAL LEGAL SERVICES BY AND BETWEEN
THE CITY OF DENTON, TEXAS AND HERRERA & BOYLE, PLLC. FOR LEGAL
SERVICES PERTAINING TO POLE ATTACHMENT LICENSE AGREEMENT, RIGHT -OF-
WAY AGREEMENT, COLLECTIONS FROM VERIZON AND OTHER POSSIBLE
PERTINENT AGREEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE NO. 5592 IN THE
ADDITIONAL AMOUNT OF $65,000; AGGREGATING A TOTAL NOT -TO- EXCEED
$130,000). THE PUBLIC UTILITIES BOARD RECOMMENDS APPROVAL ( - ).
WHEREAS, the City Council deems it necessary, appropriate, and in the public interest
to continue the engagement of Herrera & Boyle, PLLC. of Austin, Texas to provide professional
legal services relating to the operations of Denton Municipal Electric and third -party compliance
with the City's operations; and
WHEREAS, on June 30, 2014, the City Manager approved the original Engagement
Letter to provide professional legal services to the City of Denton in the amount of not -to- exceed
$65,000; and
WHEREAS, now there is a need to further supplement and amend the Engagement Letter
for the first time as there are additional duties required of the Firm, including the drafting of a
pole attachment license agreement, a right -of -way agreement, resuming collection activity with
Verizon and drafting other pertinent agreements which require the services of a specialized law
firm; Staff is seeking the sum of an additional not -to- exceed $65,000 for such legal services, for
a total not -to- exceed amount for this law firm of not -to- exceed $130,000; and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional
Services Procurement Act," generally provides that a City may not select a provider of
professional services on the basis of competitive bids, but must select the provider of
professional services on the basis of demonstrated competence, knowledge, and qualifications,
and for a fair and reasonable price; and the City Council hereby finds and concludes that the law
firm of Herrera & Boyle, PLLC, Austin, Texas (the "Firm ") is appropriately qualified under the
provisions of the law to be continued as outside legal counsel for the City; and
WHEREAS, the City Council has provided in the City budget for the appropriation of
funds to be used for the procurement of the foregoing additional professional legal services, as
set forth in the supplemental and first amended Engagement Letter; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitations in the preamble are true and correct and are incorporated
herewith as part of this ordinance.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute a
supplemental and second amended Engagement Letter dated February , 2016 with the law
firm of Herrera & Boyle, PLLC, Austin, Texas for further professional legal services relating to
the matters described above; which supplemental and first amended Engagement letter is
attached hereto as Exhibit "A," and is incorporated herein by reference.
SECTION 3. The award of this supplemental and first amended Engagement Letter is on
the basis of the demonstrated competence and qualifications of the Firm and the ability of the
Firm to perform the professional legal services needed by the City for a fair and reasonable price.
SECTION 4. The expenditure of funds as provided in the attached supplemental and first
amended Engagement Letter is hereby authorized.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the __— day of 'Jp , 2016.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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Jason Wakefield $310.00
Brennan Foley $290.00
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