2001-144AN 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 LLOYD, GOSSELINK, BLEViNS,
ROCHELLE, BALDWIN & TOWNSEND, P C FOR SERVICES PERTAINING TO PUBLIC
UTILITIES COMMISSION OF TEXAS DOCKET NO 22350 (TXU UNBUNDLED COST OF
SERVICE) 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 Council deems it necessary and appropriate and in the public
interest to continue to engage the Law Offices of Lloyd, Gossehnk, Blevms, Rochelle, Baldwin
& Townsend, P C ("Lloyd Gossellnk"), of Austin, Texas, to provide professional legal services
pertaining to Public Utilities Commission of Texas Docket No 22350 (TXU Unbundled Cost of
Service) relating to Denton Municipal Electric, and
WHEREAS, the City has previously retmned the professional legal services of Lloyd
Gossehnk on this matter on June 1, 2000, and has operated under an Agreement For Professional
Legal Services approved by the City Council m the amount of $88,000, and there are good and
vahd reasons for the need for additional authorized funds, which have resulted ~n this F~rst
Amendment thereto, and
WHEREAS, the Cxty staff has reported to the City Councal that there ~s a substantial need
for the heremabove described professional services by Denton Municipal Electric, and that
hmxted City staff cannot adequately perform the specaallzed legal servxces and tasks, which are
wholly centered in Austin, 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 prowder of
professional services on the basis of competitive bids, but must select the provider of
professional servxees 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 Lloyd
Gossehnk is appropriately quahfied under the provisions of the law, to be continued as outstde
legal counsel for the City, specifically 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 professaonal legal services, as set forth in
thas 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 Lloyd, Gossehnk, Blevins,
Rochelle, Baldwm & Townsend, P C, of Austin, Texas for professional legal services pertmnmg
to serv~cos pertmnmg to Pubhc Utility Commission of Texas Docket No 22350 (TXU
Unbundled Cost of Servme) relatmg to Denton Mumc~pal Elect'nc, ~n substantially the form of
the F~rst Amendment to Agreement for Professional Legal Services attached hereto and
~ncorporated herewith by reference
SECTION 2 That the award of th~s F~rst Amended Agreement ~s on the basis of the
demonstrated competence and quahfieat~ons of the Law Offices of Lloyd Gossehnk, and the
ability of the Lloyd Oossehnk, to perform the professional legal services needed by the City for a
fair and reasonable price
SECTION 3 That the expenditure of funds as prowded for ~n the attached F~rst
Amended Agreement for Professional Legal Servmes ~s hereby authorized
SECTION 4 That as to the payment of fees and expenses, the First Amendment to
Agreement for Professional Legal Services ~s hereby ratified and retroactively approved, and
shall be effecUve from and after November 1, 2000
SECTION 5 That except as prowded ~n Section 4 here~nabove, th~s ordinance shall
become effective ~mmedmtely upon ~ts passage and approval
PASSED AND APPROVED thls the ..fl./~ dayof (~.~ ,2001
!
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By // .. /" __
?ROVED AS TO .EOAL FOmV
HERBERT L PROUTY, CITY ATTORNEY
S \Our Doeuments\Ordmances\01\Lloyd Gossehnk First Amended Contract UCOS DME ord doc
2
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, executed September 26, 2000, dated effective June 1, 2000, heretofore entered
into by and between the City of Denton, Texas, a Texas Municipal Corporation with its
offices at 215 East McIQuney Street, Denton, Texas 76201 (hereafter referred to as
"CITY"), and the law firm of Lloyd, Gossehnk, Blevms, Rochelle, Baldwin &
Townsend, PC with its offices at 111 Congress Avenue, Suite 1800, Austin, Texas
78701 (hereafter referred to as "LEGAL ADVISOR"), acting herein by and through their
respective duly authorized signatories, and
NOW THEREFORE, the C~ty of Denton, Texas and the firm of Lloyd, Gossehnk,
Blevms, Rochelle, Baldwin & Townsend, P C (hereafter collectively referred to as the
"PARTIES"), in consideration 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 ?rofesslonal Legal Services (hereafter
the "Agreement"), effective June 1, 2000, to wit
I
That the provisions of Section III A of the Agreement For Professional Legal
Servmes shall instead read an additional FORTY SIX THOUSAND DOLLARS
($46,000), effective November 1, 2000, as follows
C "Consultant agrees that all charges for the legal services hereunder,
including the fees for R J Covington Consulting and expenses as set forth
m Section III C below, shall not exceed $134,000"
II
The PARTIES agree, that except as specifically provided for by this First
Amendment to Agreement For Professional Legal Services, that all of the terms,
covenants, conditions, agreements, rights, responslbdmes, and obligations of the part~es
set forth m the Agreement, shall remmn m full fome and effect
1N WITNESS WHEREOF, the City of Denton, Texas and the firm of Lloyd,
Gossehnk, Blemns, Rochelle, Baldwin & Townsend, P C have executed this First
Amendment To Agreement For Professional Legal Servmes, in (4) original counterparts,
~d through thor resp,~t~ve duly authorized representauves and officers on th~s the
day of /'J.W)./L~.. ,2001
"CITY"
CITY OF DENTON, TEXAS
A Texas Mumc~pal Corporatton
By
How'~roWMar~h, In~te~lm ~lty Manager
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
"CONSULTANT"
LLOYD, GOSSELINK, BLEVINS, ROCHELLE,
BALDWIN & TOWNSEND, P C
13y ~~
ATTEST
S \Our Documents\Contmcts\01\Lloyd Gossehnk F~rst Amended A§rmt UCOS DME doe