Loading...
2016-066ORDINANCE NO. 2016-066 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND SUPPLEMENTAL AND AMENDED ENGAGEMENT LETTER WITH LLOYD GOSSELINK ROCHELLE & TOWNSEND, P.C. FOR PROFESSIONAL LEGAL SERVICES RELATING TO THE PENDING LITIGATION ENTITLED THE CITY OF DENTON, TEXAS V NRG POWER MARKETING, LLC, ET AL; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING FOR RETROACTIVE CONFIRMATION, RATIFICATION AND APPROVAL THEREOF; PROVIDING AN EFFECTIVE DATE (FILE NO. 5771 — IN THE ADDITIONAL AMOUNT OF NOT -TO- EXCEED $400,000, AGGREGATING NOT -TO- EXCEED $995,000). WHEREAS, the City Council deems it necessary, appropriate, and in the public interest to continue the engagement of Lloyd, Gosselink, Rochelle & Townsend, P.C., Austin, Texas to provide professional legal services relating to the pending litigation entitled: The City of Denton, Texas v NRG Power Marketing, LLC, et al; and WHEREAS, on February 13, 2015, the Acting City Manager approved the original Engagement Letter to provide professional legal services relating to the claims of the City against NRG; and WHEREAS, on July 21, 2015, the City Council considered a supplement and first amendment to the Engagement Letter, in the additional not -to- exceed amount of $500,000; and enacted Ordinance No. 2015 -214; and WHEREAS, now there is a need to further supplement and amend the Engagement Letter for a second time as there are two new parties defendant involved in the case, which case is now set for non jury trial in the month of November 2016, in the additional amount of $400,000, totaling a not -to- exceed amount of $995,000; 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 Lloyd, Gosselink, Rochelle & Townsend, P.C., Austin, Texas (the "Firm ") is appropriately qualified under the provisions of the law to be retained 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 second supplemental and 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 second supplemental and amended Engagement Letter dated March 2, 2016 with the law firm of Lloyd, Gosselink, Rochelle & Townsend, P.C., Austin, Texas for further professional legal services relating to the pending litigation entitled: The City of Denton, Texas v NRG Power Marketing, LLC., et al; which second supplemental and amended Engagement letter is attached hereto as Exhibit "A" and is incorporated herein by reference. SECTION 3. The award of this second supplemental and amended Engagement Letter is on the basis of the demonstrated competence and qualifications of Lloyd, Gosselink, Rochelle & Townsend, P.C. (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 second supplemental and amended Engagement Letter is hereby authorized, and the previous expenditures regarding this project are hereby confirmed, ratified and approved. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED dais flic .. ....... day of 201.6. M CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY LM : ITA BURGESS, CITY ATTORNEY �v 2 Lloyd Gosselink iraraW d �.�.. A "i" °r (.i;t F1 N E "t" S 2% "i" I. A v4X Mr. de la FIICr(te's Direct Line: (5 12) 322 -5849 Email: idelalticntcu.igla%viirni.com March 2, 2016 Ms. Anita Burgess City Attorney City of Denton 215 East McKinney Denton. "Texas 76201 816 Congress Avenue, Suite 1900 Austin,Texas 78701 Telephone: (512) 322 -5800 Facsimile: (512) 472 -0532 www.Iglawrirm.com Re: Second Supplement and Amendment to February 13, 2015 Engagement Letter — City of Denton Billing File Number: 1060 -48 Dear Anita: This letter supplements and amends the February 13, 2015, Engagement Letter between the City of Denton and Lloyd Gosselink Rochelle & Townsend, P.C. ( "Lloyd Gosselink ") regarding the City's claims against NRG Power Marketing, LLC ( "NRG ") to expressly authorize additional amounts payable above the Ninety -Five Thousand Dollars ($95,000) authorized in the Engagement Letter and the Five Hundred Thousand Dollars ($500,000) authorized in the July 2, 2015 Supplement and Amendment. The efforts to reach an early, negotiated resolution of the dispute between the City and NRG have not been successful. Therefore, contested litigation of the dispute is necessary. To that end, this letter supplements and amends the February 13, 2015, Engagement Letter and the July 2, 2015 Supplement and Amendment and constitutes express authorization by the City to increase the amounts payable related to the Representation provided to the City by Lloyd Gosselink by an additional sum not to exceed Four Hundred Thousand and No/] 00 Dollars ($400,000.00). If this Second Supplement and Amendment to the parties' Engagement Letter is acceptable, we would appreciate you signing and returning one of the enclosed four originals of this document. Since • M ose E. e la Fuente Lloyd Gosselink Rochelle & Townsend, P.C. March 2, 2016 Page 2 Approved As to Legal Form: Anita Burgess, City Attotpey JEF:cad George C. Campbell, Ci Manager 4 1 1 . Date