2003-253ORDINANCE NO. 2003-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH R. J. COVINGTON CONSULTING, LLC FOR CONSULTING
SERVICES RELATING TO TASK ORDER NO. 03-G, REGARDING REGULATORY
SERVICES AND SUPPORT OF CITY STAFF ON ISSUES ADDRESSED AT THE PUBLIC
UTILITY COMMISSION OF TEXAS AND THE ELECTRIC RELIABILITY COUNCIL OF
TEXAS, RELATING TO DENTON MUNICIPAL ELECTRIC; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council deems it in the public interest to engage the firm of R. J.
Covington Consulting, LLC of Austin, Texas ("Covington"), to provide professional consulting
services to the City relating to Task Order No. 03-G; which includes, without limitation,
regulatory services and support of City Staff at the Public Utility Commission of Texas ("PUC")
and the Electric Reliability Commission of Texas ("ERCOT"), and work with City Staff to
develop and present the City's position on those issues that may affect the City; and
WHEREAS, the City staff has reported to the City Council that there is a substantial need
for the above-described specialized professional services, and that limited City staff cannot
adequately perform the services and tasks with its own personnel; 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 on the basis of
demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price;
and
WHEREAS, Covington has represented DME continuously and ably over the past seven
years, and has proven to be a valuable, affordable, competent, dependable professional resource
that has expertise in and is well acquainted with the electric financial and regulatory fi'amework
of Denton Municipal Electric ("DME"). Covington and his staff are familiar with the
characteristics and operations of DME; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of
funds to be used for the purchase of the professional services, as set forth in the Professional
Services Agreement; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1: That the City Manager is hereby authorized to execute a Professional
Services Agreement with R. J. Covington Consulting, LLC of Austin, Texas, for professional
consulting services relating to Task Order No. 03-G, to Denton Municipal Electric, in
substantially the form of the Professional Services Agreement attached hereto and incorporated
herewith by reference as Exhibit "A."
SECTION 2: That the award of this Agreement by the City is on the basis of the
demonstrated competence, knowledge, and qualifications of Covington and the ability of
Covington to perform the professional services needed by the City for a fair and reasonable
price.
SECTION 3: That the expenditure of funds as provided in the attached Professional
Services Agreement is hereby authorized.
SECTION 4: That the above and foregoing Professional Services Agreement is hereby
ratified, confirmed, and retroactively approved, and shall be effective f~om and after July 1,
2003.
SECTION 5: That except as otherwise provided by Section 4 above, this ordinance shall
become effective immediately upon its passage and approval.
PASSED AND APPROVED this the /~ dayof ~.g4274~ ,2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
S:\Our Documents\Ordinances\03~R J Covington Consulting LLC-DME-Ord Aprv TO-3-G 2003-Reg Svcs.doc
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STATE OF TEXAS
COUNTY OF DENTON
PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING SERVICES
PERTAINING TO DENTON MUNICIPAL ELECTRIC
THIS AGREEMENT is made and entered into as of the/~day of August, 2003, by and
between the City of Denton, a Texas Municipal Corporation, with its principal office at 215 East
McIQnney Street, Denton, Texas 76201 ("CITY"); and R. J. COVINGTON CONSULTING, LLC, A
Texas Limited Liability Corporation~ with its principal office at 13276 Research Blvd., Suite 201,
Austin, Texas 78750, herea/ter "COVINGTON"; acting herein by and through their duly authorized
representatives.
WITNESSETH, that in consideration of the covenants, promises and agreements heroin
contained, the CITY and COVINGTON do hereby AGREE as follows:
ARTICLE I
EMPLOYMENT OF CONSULTANT
The CITY hereby contracts with COVINGTON, as an independent contractor, and
COVINGTON hereby agrees to perform the services herein in connection with the Scope of Services
as stated in the Articles to follow, with diligence and in accordance with the highest professional
standards customarily obtained for such services in the State of Texas.
ARTICLE II
SCOPE OF SERVICES
A. COVINGTON shall provide to the CITY professional consulting services pertaining to assisting
CITY Staff in areas associated with operating in the competitive restructured electric industry in Texas.
As issues are addressed at the Public Utility Commission of Texas ("PUC") and at the Electric
Reliability Council of Texas ("ERCOT"), COVINGTON will work with Staffto develop and present
the City's position on those issues that may affect the CITY. COVINGTON agrees to perform those
services and tasks more particularly described in Task Order No. 03-G attached hereto and
incorporated herewith by reference.
B. To consult with the City Manager, Assistant City Manager/Utilities, the Director of Electric
Utilities, the Utility Attorney, and any other designated administrative personnel regarding any and all
aspects of the services to be performed pursuant to this Agreement.
ARTICLE HI
PER/OD OF SERVICE
This Agreement shall become retroactively approved, ratified and effective as of July 1, 2003,
upon its execution by both the CITY and COVINGTON. The termination date of this Agreement
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shall be upon the earliest to occur of the following events: completion of the work described herein and
in the attached Task Order No. 03-G; or upon the depletion and exhaustion of the $45,000 not to
exceed amount provided for herein; or upon fifteen (15) day's written notice to terminate, issued by the
Director of Electric Utilities, DME This Agreement may be sooner terminated in accordance with the
provisions hereof Time is of the essence in this Agreement. COVINGTON shall make all reasonable
efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule
established by the CITY, acting through its Director of Electric Utilities.
ARTICLE IV
COMPENSATION
A. COMPENSATION TERMS:
"Direct Non-Labor Expense" is defined as that expense for any assignment incurred hereunder
by COVINGTON for supplies, long-distance telephone, telecopier, reproduction expense,
overnight courier, photocopy expense, transportation, travel, communications, subsistence and
lodging away from home and similar incidental expenses reasonably incurred in connection with
that assignment.
B. BILLING AND PAYMENT:
1. For and in consideration of the professional services to be performed by COVINGTON
herein, the CITY agrees to pay COVINGTON, a total fee, including reimbursement for direct
non-labor expense, not to exceed $45,000 for those services described in Task Order No. 03-G.
2. The fee for the services described in this Agreement to be performed by COVINGTON
are to be billed the rates as set forth in Exhibit "A" attached hereto and incorporated herewith
by reference. Billing shall be reported in minimum one-quarter (1/4) hour increments.
3. Payments to COVINGTON will be made by the CITY on the basis of detailed monthly
statements rendered to the CITY through its Director of Electric Utilities. The fee bills as
submitted, shall be allowed and approved by the Director of Electric Utilities. However, under
no circumstances shall any monthly statement for services exceed the value of the work
performed at the time a statement is rendered.
4. Nothing contained in this Article shall require the CITY to pay for any work which is
unsatisfactory as reasonably determined by the City Manager or the Director of Electric Utilities,
or which is not submitted in compliance with the terms of this Agreement. The City shall not be
required to make any payments to COVINGTON when COVINGTON is in default under this
Agreement.
5. It is specifically understood and agreed that COVINGTON shall not be authorized to
undertake any work pursuant to this Agreement which would require additional payments by the
CITY for any charge, expense or reimbursement above the maximum not-to-exceed fee as
stated, without first having obtained written authorization from the CITY.
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C. PAYMENT
If the CITY fails to make payments due COVINGTON for services and expenses within forty
(40) days after receipt of COVINGTON'S undisputed statement thereof, the amounts due
COVINGTON will be increased by the rate of one percent (1%) per month fi.om the said forty
(40th) day, and in addition, COVINGTON may, after giving ten (10) days' written notice to the
CITY, suspend services under this Agreement until COVINGTON has been paid in full ail
amounts due for services, expenses and charges provided. However, nothing herein shail require
the CITY to pay the late charge of one percent (1%) set forth herein if the CITY reasonably
determines that the work of COVINGTON is unsatisfactory, in accordance with this Article 1V,
Compensation, and the CITY notifies COVINGTON in writing of any such defect.
ARTICLE V
OBSERVATION AND REVIEW OF THE WORK
COVINGTON will exercise reasonable care and due diligence in discovering and promptly reporting
to the CITY any defects or deficiencies in his work or the work of any subconsultants performed
hereunder.
ARTICLE VI
OWNERSHIP OF DOCUMENTS
All documents, anaiyses and other data prepared by COVINGTON under this Agreement ("Work
Products") are instruments of service and are and shall remain the property of CITY. COVINGTON
shail have the right to make and retain copies and use all Work Products; provided, however, the use
shall be limited to the intended use for which the services and Work Products are provided under this
Agreement. COVINGTON may use and may copyright certain non-sensitive Work Products as
property of COVINGTON; provided that prior written approvai is obtained fi.om CITY, whose
approvai shall not be unreasonably withheld, and providing that copywriting will not restrict CITY'S
right to retain or make copies of the Work Products for its information, reference and use on the
Project or services under the Agreement.
The Work Products shall not be changed or used for purposes other than those set forth in this
Agreement without the prior written approval of COVINGTON. If CITY releases the Work Products
to a third party without COVINGTON'S prior written consent, or changes or uses the Work Products
other than as intended hereunder, CITY does so at its sole risk and discretion and COVINGTON shall
not be liable for any claims or damages resulting fi.om or connected with the release or any third party's
use of the Work Products.
ARTICLE VII
INDEPENDENT CONTRACTOR
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COVINGTON shall provide services to the CITY as an independent contractor, not as an
employee of the CITY. COVINGTON shall not have or claim any fight arising from employee status.
ARTICLE VIII
INDEMNITY AGREEMENT
COVINGTON shall indemnify and save and hold harmless the CITY and its officers, agents, and
employees from and against any and all liability, claims, demands, damages, losses and expenses,
including but not limited to court costs and reasonable attorney's fees incurred by the CITY, and
including without limitation, damages for bodily and personal injury, death and property damage, and
damage for professional malpractice resulting from the negligent acts or omissions of COVINGTON
or any subconsultants, in performance of this Agreement. COVINGTON'S liability under this Article
VIII is expressly limited to the amount of COVINGTON'S insurance coverage as set forth in Article
IX.
Nothing in this Agreement shall be construed to create a liability to any person who is not a party
to this Agreement and nothing herein shall waive any of the party's defenses, both at law or equity, to
any claim, cause of action or litigation filed by anyone not a party to this Agreement, including the
defense of governmental immunity, which defenses are hereby expressly reserved.
ARTICLE IX
INSURANCE
During the performance of the Services under this Agreement, COVINGTON shall maintain the
following insurance with an insurance company licensed to do business in the State of Texas by the
State Insurance Commission or any successor agency that has a rating with Best Rate Carders of at
least an "A-" or above:
Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for
each occurrence and not less than $500,000 in the aggregate, and with property damage limits of
not less than $100,000 for each occurrence, and not less than $100,000 in the aggregate.
Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each
person and not less than $500,000 for each accident; and with property damage limits of not less
than $100,000 for each accident.
C. Professional Liability Insurance with policy limits of not less than $1,000,000 annual aggregate.
COVINGTON shall furnish insurance certificates or insurance policies at the CITY's request to
evidence such coverages. The insurance policies shall name the CITY as an additional insured
on all such policies to the extent legally possible, and shall contain a provision that such
insurance shall not be canceled or modified without thirty (30) days prior written notice to CITY
and COVINGTON. In such event, COVINGTON shall, prior to the effective date of the change
or canceilation, deliver substitute policies furnishing the same coverage to the CITY.
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ARTICLE X
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The parties agree to settle any disputes under this Agreement by submitting the dispute to
arbitration or other means of alternate dispute resolution such as mediation. No arbitration or alternate
dispute resolution arising out of or relating to, this Agreement involving one party's disagreement may
include the other party to the disagreement without the other's approval.
ARTICLE XI
LIMITATION OF LIABILITY
To the extent permitted by law, the total liability of COVINGTON to CITY for any and all
claims arising out of this Agreement, whether caused by negligence, errors, omissions, strict liability,
breach of contract or contribution, or indemnity claims based on third-party claims, shall not exceed
one million dollars ($1,000,000).
ARTICLE XII
CONSEQUENTIAL DAMAGES
In no event and under no circumstances shall COVINGTON be liable to CITY for any interest,
loss of anticipated revenues, earnings, profits, or increased expense of operations, or for any
consequential, indkect or special damages.
ARTICLE XIII
PROFESSIONAL STANDARDS
COVINGTON will perform services under this Agreement with the degree of skill and diligence
normally practiced by professional engineers or consultants performing the same degree of similar
services. No other warranty or guarantee, expressed or implied, is made with respect to the services
furnished under this Agreement and all implied warranties are disclaimed.
ARTICLE
TERMINATION OF AGREEMENT
Notwithstanding any other provision of this Agreement, either party may terminate this
Agreement by giving thirty (30) days advance written notice of termination to the other party.
This Agreement may be terminated in whole or in part in the event of either party substantially
failing to fulfill its obligations under this Agreement. No such termination will be effected unless
the other party is given: (1) written notice (delivered by certified mail, remm receipt requested)
of intent to terminate and setting forth the reasons spec'flying the nonperformance, and not less
than ten (10) business days in which to cure the failure; and (2) an opportunity for consultation
with the terminating party prior to termination.
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If this Agreement is terminated prior to completion of the services to be provided hereunder,
COVINGTON shall immediately cease all services and shall render a final bill for services to the
CITY within 30 days after the date of termination. The CITY shall pay COVINGTON for all
services properly rendered and satisfactorily performed and for reimbursable expenses to
termination incurred prior to the date of termination in accordance with Article IV,
Compensation. Should the CITY subsequently contract with a new consultant for the
continuation of services on the Project, COVINGTON shall cooperate in providing information.
COVINGTON shall turn over all documents prepared or furnished by COVINGTON pursuant
to this Agreement to the CITY on or before the date of termination, but may maintain copies of
such documents for its use.
ARTICLE XV
RESPONSIBILITY FOR CLAIMS AND LIABII,ITIES
Approval by the CITY shall not constitute nor be deemed a release of the responsibility and
liability of COVINGTON, or any sub-consultants of COVINGTON, for the accuracy and competency
of their designs or other work product.
ARTICLE XVI
NOTICES
All notices, communications, and reports required or permitted under this Agreement shall be
personally delivered or mailed to the respective parties by depositing same in the United States mail at
the address shown below, certified mail, return receipt requested unless otherwise specified herein.
Mailed notices shall be sent to the parties at the following addresses:
To COVINGTON:
To CITY:
R.J. Covington Consulting, LLC
Attn: Richard J. Covington
13276 Research Blvd., Suke 201
Austin, Texas 78750
City of Denton, Texas
Atto: Michael A. Conduff, City Manager
215 East McKirmey Street
Denton, Texas 76201
All notices shall be deemed effective upon receipt by the party to whom such notice is given or
within three days after the date of mailing
ARTICLE XVII
ENTIRE AGREEMENT
This Agreement consisting of nine (9) pages, and four (4) additional pages consisting of Task
Order No. 03-G, 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
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and agreements wkich may have been made in connection with the subject matter hereofi
ARTICLE XVIII
SEVERABILITY
If any provision of this Agreement is found or deemed by a court of competent jurisdiction 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 this
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 XIX
COMPLIANCE WITH LAWS
COVINGTON shall comply with all federal, state, local laws, rules, regulations, and ordinances
applicable to the work covered hereunder as they may now read or hereinat~er be amended.
ARTICLE XX
DISCRIMINATION PROHIBITED
In performing the services required hereunder, COVINGTON shall not discriminate against any
person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap.
ARTICLE XXI
PERSONNEL
COVINGTON represents that he has secured, or will secure at his own expense any additional
personnel required to perform all the services required under this Agreement. Such personnel
shall be subconsultants of COVINGTON, and shall not be employees or officers of, nor have
any contractual relations with the CITY. COVINGTON shall inform the CITY of any conflict
of interest or potential conflict of interest that may arise during the term of this Agreement.
All services required hereunder will be performed by COVINGTON or under his supervision.
All personnel engaged in work shall be qualified and shall be authorized and permitted under
state and local laws to perform such services.
ARTICLE XXII
ASSIGNABILITY
COVINGTON 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 CITY.
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ARTICLE XXIII
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition, limitation herein
contained shall be valid unless in writing and duly executed by the party to be charged therewith and no
evidence of any waiver or modification 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 modification is in writing, duly executed; and, the parties
further agree that the provisions of this section will not be waived unless as herein set forth.
ARTICLE XX1V
MISCELLANEOUS
COVINGTON agrees that CITY shall, until the expiration of three (3) years after the final
payment under this Agreement, have access to and the right to examine any directly pertinent
books, documents, papers and records of COVINGTON involving transactions relating to this
Agreement. COVINGTON agrees that the CITY shall have access during normal working
hours to all necessary COVINGTON facilities and shall be provided adequate and appropriate
working space in order to conduct audits in compliance with this section. The CITY shall give
COVINGTON reasonable advance notice of any intended audits.
Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton
County, Texas. This Agreement shall be governed by, and construed in accordance with the
laws of the State of Texas.
COVINGTON shall commence, carry on, and complete the work required by this engagement
with all applicable dispatch, in a sound, economical, efficient manner and in accordance with the
provisions hereof In accomplishing the work, COVINGTON shall take such steps as are
appropriate to ensure that the work involved is properly coordinated with related work being
carded on by the CITY.
The CITY shall assist COVINGTON by placing at COVINGTON's disposal all available
information pertinent to the work required by this engagement, including previous reports, any
other data relative to the project and arranging for the access to, and make all provisions for
COVINGTON to enter in or upon, public and private property as required for COVINGTON to
perform services under this Agreement.
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.
1N WITNESS WHEREOF, the City of Denton, Texas has caused this Agreement to be
executed in four original counterparts, by its duly authorized City Manager; and R.J. _Covington
Consulting, LLC has executed this Agreement by its duly authorized officer on this the f~ day of
August, 2003.
P~ca
ATTEST:
JENN1FER WALTERS, CITY SECRETARY
"CITY"
CITY OF DENTON, TEXAS
~"~ch'~ael 3J. Conk ~mnager
AP/~/ROVED AS TO LEGAL FORM:
FflERBERT L. PROUTY, CITY ATTORNEY
"COVINGTON"
KJ. COVINGTON CONSULTING, LLC
A Texas Limited Liability Corporation
Bill Statues, Executive Vice President
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ATTACHMENT
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF DENTON AND
R.J. COVINGTON CONSULTING, LLC
TASK ORDER NO. 03-G
Regulatory Services
Tasks provided for in this Attachment are directed at assisting the City staff (Staff) in
areas associated with operating in the competitive restructured electric industry in Texas.
As issues are addressed at the Public Utility Commission of Texas (PUC) and at the
Electric Reliability Council of Texas (ERCOT), RJC will work with Staff to develop and
present the City's position on those issues that may affect the City. Following is an
overview of each of the primary areas of services to be provided under this Task Order.
Regulatory Support at PUC and ERCOT
The scope of services includes continuing participation at the PUC in dockets and
projects that affect the City, and, at the direction of the Electric Utility Director, attend
and participate at ERCOT on issues in coordination with Staff Increasingly, the PUC
staff is becoming active in filing and participating in revisions to the ERCOT Protocols.
There are revisions to the ERCOT Protocols filed almost daily. Staying on top of these,
and other developments at the ERCOT Wholesale Market Subcommittee, allows DME to
be an effective spokesperson for Denton Municipal Utility (DME) ratepayers.
As ongoing changes and modifications are made to the PUC Substantive Rules and
ERCOT operating protocols, issues will continue to arise that can substantially affect the
City's cost of doing business. At the PUC, issues arise such as the oversight of ERCOT,
rulemakings on disclosure of sensitive information, and enforcement of wholesale market
rules as examples. It is important for DME to be knowledgeable on these issues and
participate in the discussions to represent the municipal electric utility market segment in
general, and DME customers specifically.
RJC effectively works with Staff and the City's attorneys to provide notification,
evaluation and intervention as needed to protect the City's interest. These and other
regulatory related activities will directly and indirectly affect the City's municipal electric
system and its ability to contribute to the funding of City operations.
Task Order 03-G
Regulatory Services
Monitoring Activities and Technical Support
Task C allows RJC to augment Staff's efforts to process the wide range of information
that is needed to keep up with activities at the PUC and ERCOT and to support staff in
addressing the many issues that arise as the market changes. In addition to reporting on
on-going activities at the PUC and ERCOT, RJC will provide technical assistance to
answer questions staff may have for their evaluation of the impact on the City of various
issues and in responding to questions from the Utility Board and City Council.
Following is a detail list of services to be provided under this Task Order.
Scope of Services
TaskA PUC Regulatory Support
Task A-I Attending Workshops And Hearings At PUC
RJC will stay informed on activities at the PUC and will attend workshops and
hearings as needed.
When appropriate, RJC will pamcipate in workshops and hearings to represent
interests of City based on directions of Staff.
RJC will work with Staff in developing positions which should be taken and
strategies for working with parties involved.
Task A-2 Analyze Proposed Rules and Policies
1. Proposed new rules and rule changes from the PUC will be analyzed.
2. RJC will discuss proposed new rules, and changes to existing rules with Staff and legal
counsel, helping to identify areas of concern and preparing positions that represent the
interests of the City.
3. RJC will meet with PUC staffand other parties as appropriate to discuss proposed rules,
and present the City's concerns regarding such proposals.
TaskA-3 Preparation of Comments
1. RJC will prepare or assist in preparing comments to be filed with the PUC representing
City's position on issues brought up in proposed rules, projects and dockets.
2. These comments will be coordinated through Staffand the City's legal team.
3. RJC will assist the City's legal team as necessary in the preparation and filing of
comments and testimony in dockets that have been identified by Staff as requiring
intervention to protect the City's interest.
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Task Order 03-G
Regulatory Services
Task B Assistance With ERCOT
Task B-1 Attending Committee and Working Group Meetings At ERCOT
1. PUC will stay informed on activities at the ERCOT Independent System Operator
(ISO) and will attend meetings as directed.
2. PUC will participate in discussions in meetings to represent interests of City based on
directions of Stale
3. PUC will work with Staff in developing positions which should be taken and
strategies for working with other ERCOT stakeholders.
Task B-2 Analyze Proposed Policies and Protocols
1. Proposed new policies and protocols from the ISO will be analyzed.
2. PUC will review proposed protocols with Staff, to identify areas of concern and prepare
responses that represent the position of the City on the issues before the committees.
4. PUC will meet with ERCOT staffand other stakeholders to discuss proposed protocols,
and negotiate reconciliation of concerns.
Task B-3 Preparation of Comments
1. PUC will prepare or assist in preparing whitepapers and comments to be submitted to
the committees and be prepared to present such papers to represent the City's
position on issues.
2. These papers and comments will be coordinated through Staff and when necessary,
the City's legal team.
Task C Provide Staff With Technical Assistance On Competitive Issues
Task C-I Technical Assistance
1. PUC will provide, as directed, technical support to help quantify impact of issues
affecting DME Examples of such issues may include analysis of the impact on the
City ora move to LMP pricing in ERCOT.
Task C-2 Industry Monitoring and Evaluation
PUC will have continuing communication with Staff and the City's legal team in
order to monitor proposed industry changes and address those issues affecting
municipalities.
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Task Order 03-G
Regulatory Services
2. An on-going dialog will be maintained with Staff and the legal team in order to
evaluate changing operating and market requirements and conditions, and evaluate
potential effects on City operations.
3. Information necessary to supplement and support the decision making process will
be provided as requested.
4. A summary of activities at the PUC and ERCOT will be provided weekly.
Budget
RJC recommends a not to exceed budget of $45,000 for labor and expenses. This budget
will not be exceeded without the prior written approval of the City. RJC will bill
monthly with supporting documentation of activities performed. The work being
performed will be under the supervision of the Director of Electric Utilities and may be
modified at any time upon appropriate notice to RJC.
EXECUTED this /~ day of August, 2003.
AUTHORIZED BY:
ACCEPTED BY:
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
Dated:
R.J. COVINGTON CONSULTING, LLC
By: /~t'/~
Dated: .~/~.,~
ATTEST:
JENNIFER WALTERS
CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY
CITY ATTORNEY
Dated:
S:,Our Docu me nls'C onlr auls~03~,R J Covington TO No. 03-G 2003-Regulatory Support-DME.doc
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