2001-085 NO dO01- 0 5-
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A FIRST AMENDED AGREEMENT FOR PROFESSIONAL
LEGAL SERVICES WITH THE LAW OFFICES OF JIM BOYLE, PLLC FOR SERVICES
PERTAINING TO THE SINGLE CERTIFICATION SUIT RELATING TO DENTON
MUNICIPAL ELECTRIC, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR,
PROVIDING FOR RETROACTIVE APPROVAL OF THE AGREEMENT, AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Counml deems it necessary and appropriate and in the public
~nterest to continue to engage the Law Offices of bm Boyle, PLLC ("Boyle"), of Austin, Texas,
to provide professional legal serwces pertammg to the single certification action pending before
the Public Utilities Commission of Texas relating to Denton Municipal Electric, and presently
docketed as PUC Docket No 21669, and
WHEREAS, the City has previously retained the professional legal services of Boyle on
this matter m July 1999, and has operated under an Agreement For Professional Legal Services,
signed by the City Manager, in the amount of $24,800, a case was duly-filed, and the fees and
the expenses have been lughly unpredictable, and have resulted in this First Amendment, and
WHEREAS, the City staff has reported to the City Council that there is a substantial need
for the heremabove described professional services by Denton Municipal Electric, and that
limited City staff cannot adequately perform the specialized legal services and tasks, which are
wholly centered in Austm, Texas, 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 of
professional services on the basis of demonstrated competence, knowledge, and qualifications,
and for a fmr and reasonable price, and the City Council hereby finds and concludes that Boyle is
appropriately quahfied under the provisions of the law, to be retained as outside legal counsel for
the City, specffically Denton Municipal Electric, respecting this engagement, 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 professional legal services, as set forth in
tbas First Amendment to Agreement for Professional Legal Services, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAiNS
SECTION 1 That the City Manager is hereby authorized to execute a First Amendment
to Agreement for Professional Legal Services with the Law Offices of Jim Boyle, PLLC, of
Austin, Texas for professional legal services pertaining to the single certification suit pending
before the Public Utilities Commission relatang to Denton Munlmpal Electric, in substantially the
form of the F~rst Am~mdment to Agreement for Professional Legal Services attached hereto and
~ncorporated herewith by reference
SECTION 2 That the award of th~s First Amended Agreement ~s on the bas~s of the
demonstrated competence and qualffieat~ons of the Law Offices of Jim Boyle, PLLC, and the
ablhty of the Law Offices of J~m Boyle, PLLC, to perform the professional legal services needed
by the C~ty for a fair and reasonable price
SECTION 3 That the expenchture of fimds as provided for ~n the attached F~rst
Amended Agreement for Professional Legal Serwees ~s hereby authorized
SECTION 4 That as to the payment of fees and expenses, the F~rst Amendment to
Agreement for Professional Legal Serrates is hereby ratffied and retroactively approved, and
shall be effective from and after May 5, 2000
SECTION 5 That except as provided ~n Section 4 here~nabove, this ordmance shall
become effectxve ~mmechately upon ~ts passage and approval
AND APPROVED this the ~/~ day of ~ ,2001
PASSED
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
S \Our Docum~nt~\Ordmancea\0 lXJIm Boyle First Amend K Single Ce~fic DME ord doc
THE STATE OF TEXAS )
COUNTY OF DENTON )
FIRST AMENDMENT
TO AGREEMENT FOR PROFESSIONAL LEGAL SERVICES
THIS FIRST AMENDMENT to that certain Agreement for Professional Legal
Services, dated effective July 12, 1999, heretofore entered into by and between the C~ty
of Denton, Texas, a Texas Mume~pal Corporatmn w~th ~ts offices at 215 East MeKmney
Street, Denton, Texas 76201 (hereafter referred to as "CITY"), and the Law Offices of
Jim Boyle, a Proprietorship, w~th its offices at 1005 Congress, State 550, Austin, Texas
78701 (hereafter referred to as "CONSULTANT"), acting here~n by and through their
respective duly authorized s~gnatones, and
NOW THEREFORE, the C~ty of Denton, Texas and the Law Offices of J~m
Boyle, PLLC (hereafter collectively referred to as the "PARTIES"), m conslderatmn of
their mutual promises and covenants, as well as for other good and valuable
considerations, do hereby AGREE to the following amendments to the terms and
conditions of the Agreement For Professional Legal Services (hereafter the
"Agreement"), effective July 12, 1999, to wit
I
The PARTIES agree that the Law Offices of Jim Boyle, a Proprietorship, is now
legally organized as a Public Limited Liability Corporation under the laws of the State of
Texas
II
That the provisions of Section 1 A (8) of the Agreement shall be amended by
adding the following
"CONSULTANT shall represent the City in PUC Docket No 21669" m
That the provisions of Section 3 A of the Agreement shall instead, without
hm~tat~on, prowde the following names
J~m Boyle $190 00
Rack Guzman $170 00
Jmme Slaughter $150 00
Kamberly Hammer $140 00
IV
That the provaslons of Sectaon 3 C of the Agreement shall instead read an
addltaonal One Hundred Thousand Dollars more, effectave May 5, 2000, as follows
shall not exceed One Hundred Twenty Four Thousand Eight Hundred and
No/100 Dollars ($124,800)
V
The PARTIES agree, that except as specafically provided for by thas F~rst
Amendment to Professaonal Legal Servaces Agreement, that all of the terms, covenants,
con&t~ons, agreements, rights, responsabflmes, and obhgataons of the part,es set forth m
the Agreement, shall remain m full force and effect
1N WITNESS WHEREOF, Caty of Denton, Texas and the Law Offices of Jam
Boyle, PLLC have executed thas Farst Amendment To Agreement For Professaonal Legal
Serwees, dated effective July 12, 1999, m four (4) original counterparts, by and through
the~rgiesl,~ectave duly authorized representataves and officers on this the ~4t~'~ day of
2001
"CITY"
CITY OF DENTON, TEXAS
A Texas Munacapal CorporaUon
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
"CONSULTANT"
LAW OFFICES OF JIM BOYLE, PLLC
ATTEST
By ~.~ O~~c'~[~'-
S \Our Doouments\Contracta\0BJ~m Boyle F~rst Amended Agrmt Single Cert~f DME doe
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