Loading...
2000-288 ORDINANCE N0 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING SERVICES PREVIOUSLY ENTERED INTO BY THE CITY ~ R J COVINGTON CONSULTING ON JANUARY 5, 1999, AND AS PREVIOUSLY AMENDED BY FIRST AMENDMENT THERETO ON ~LrNE 1, 1999, AND AS PREVIOUSLY AMENDED BY SECOND AMENDMENT THERETO ON OCTOBER 19, 1999, AND AS AMENDED FOR A THIRD TIME BY ADDING TASK ORDER NO 00-B THERETO, WHICH THIRD AMENDMENT PROVIDES FOR ADDITIONAL ELECTRIC INDUSTRY PROFESSIONAL CONSULTING SERVICES RELATING TO RESTRUCTURING IMPLEMENTATION, TO BE PERFORMED FOR DENTON MUNICIPAL ELECTRIC, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the City Manager is hereby anthonzed to execute a Third Amendment to the "Professional Services Agreement For Consultang Services Relating to the Denton Mumelpal Elecmc Unhty" (the "Agreement"), heretofore entered into by and between the Caty of Denton, Texas and R J Covington Consultang, Austin, Texas on the 5th day of January, 1999, (which Agreement was approved by the Council m Ordinance No 99-011, enacted on January 5, 1999), providmg for profesmonal consulting services in the area of elecmc restmctunng and the potential &vest~ture of all or a part of the C~ty's electric system, all as set forth in Task Order No 99-A, and winch Agreement was thereafter first amended to provide for addltlorml professional consulting services in the area of electric restructunng as set forth m Task Order No 99-B, winch First Amendment to the Agreement was approved by the Council m Ordinance No 99-187, enacted on June 1, 1999, and which Agreement was thereafter further amended for a second time to provide for additional profesmonal consulting services an the area of pote,tial electric divestiture and restmctunng as set forth m Task Order No 99-C, which Second IAmendment to the Agreement was approved by the Council ~n Ordanance No 99-388, enactedlon October 19, 1999 SECTION 2 That the Agreement is now beang amended for a third t~me to prowde for addltaonal profesmonal consulting services in the area of implementation of elecmc restmctunng as set forth more particularly m Task Order No 00-B, a copy of winch Task Order is attached hereto knd incorporated herewith by reference, and winch Task Order constitutes the third amendment document and provides that R J Covington Consultang shall perform addition~al regulatory, teehmeal, and related electric industry professional consulting services supporting the C~ty anti Denton Mumclpal Electric, and which Task Order provides for the payment by the C~ty of additional fees and expenses m an amount not to exceed $ 100,000 00 respecting the additional services to be performed by R J Cowngton Consulting pursuant to smd Task Order No 00~B S~CTION 3 That the award of tins Agreement by the C~ty ~s on the bas~s of the demonstrated competence, knowledge, and quallfieatmns of R J Cowngton Consulting and the ablhty of R J Covangton Consulting to perform the servmes needed by the C~ty for a fmr and reasonable price, all m accordance w~th the prowmons of Chapter 2254 of the Texas Government Code, known as the "Professmnal Servmes Procurement Act" SECTION 4 That the expenditure of funds as prowded for ~n the attached Third Amendment to Agreement, in the form of, and pursuant to Task Order No 00-B, ~s hereby authorized SECTION 5 Tins ordinance shall become effective ~mmedmtely upon ~ts passage and approval PASSED AND APPROVED tlus the ~-~-'-/~ dayof O~,0~m~/"- ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY t./ -- APPROVED AS TO LEGAL FORIVl HERBERT L PROUTY, CITY ATTORNEY S\OurDocuments\Ordmances\00~RJCowngton 3rdAmendedPSA TO#00BDMEorddoc THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT DATED JANUARY 5, 1999 BETWEEN THE CITY OF DENTON AND R J COVINGTON CONSULTING TASK ORDER NO 00-B Restructuring Implementahon Sermces Tasks provided for m this Third Amendment are directed at continuing assistance to City staff (Staff) m participation at the Pubhc Utihty Comrmsslon of Texas (PUC) and at the Electric Rehabfllty Council of Texas (ERCOT) on issues affecting the City The PUC identified 36 projects for developmg the rules and policies that will shape the electric industry as retail access as implemented on January 1, 2002 New projects are being added as new issues develop These projects wall either directly affect the City's mumclpal electric system, or by shaping and defaung the competitton, md~xectly affect the way the City will conduct its electric business This, m turn, will affect the level wtuch the electric system can contribute to the fundmg of City operations The developmental stage of industry restructuring is nearmg completton and the implementation phase is begmmng Implementataon requires coordmation of policies and rules being developed through PUC Projects leadmg to Rulemakmgs and ERCOT ISO working groups The rules, policies, procedures and systems are to be m place by June 1, 2001, the start of the customer choice pilot program This means there continues to be multiple PUC projects and rulemakmgs, as well as, multiple ERCOT groups working on implementation issues that will affect the City's electric system Some of the key issues presently being addressed that directly affect the City include How will umts be demgnated as must-mn umts and how will they be compensated? This as a parttcularly cratical ~ssue as the City looks at making investments to meet the State Implementation Plan (SIP) The outcome of ttus and mrmlar issues could affect the value of the City's generation m the current sale of the assets · How will the City structure itself to meet it load serving obligations? · Wall the City act as a Qualified Scheduhng Entity or choose another to act in that capacity for the City? · How will those obhgations differ ff the City decides to "opt-in" to customer choice? · Should the City opt-m and when? · What type of settlement procedures will the City need m the restructured market? · How wall the City be affected by the Non-IOU Code of Conduct being developed at the PUC* · Wall the protocols bemg developed for the ISO retain the benehts on the issues the City has worked to actueve m the working comrmttees, such as dynarmc scheduling Task Order No O0-B Restmcmnng Implementation Servtces for Gibbons Creek, restricting allocation to opt-out utilities of Unaccounted For Energy to zero except for transrmsslon related actual losses, self provision of ancrilary services, recogrution of the drfference between munlclpahties and cooperatives and IOU's? · How will settlement work to track and reconcile costs and how will mumclpahties fit mto that process? · What wril be the cash flow impacts of weekly settlements and payments to the ISO? Some of the issues that are currently being addressed that wril indirectly affect the City are · How will the IOU's be unbundled into separate business umts? · What services wril the unbundled entities offer, when, where and how much? · How will the capacity auction be mxplemented and how will it affect power costs? · How will relmbrilty factors affecting the DFW area be addressed? · How wril moving from multiple control areas to a single control area affect the City? RJC's role will be that of Staff halson to the PUC to keep Staff reformed on activities, work with Staff m developing pomttons on issues, assist Staff m responding to issues that affect City and provide techmcal support for Staff and City's legal experts on regulatory issues RJC will supplement Staff on ERCOT activities to keep Staff krfformed of operational procedures that will affect the City's electric system and asmst Staff m supporting positions before ERCOT management and standing comrmttees as requested RJC's activlttes will include, 1 ) attending workshops hosted by the PUC and ERCOT ISO, 2 ) participating on relevant PUC and ISO committees and panels to discuss issues and work with Staff to ensure the City's interests are represented m the workshops, rulemakmgs, and committee meetings, 3 ) analyzing proposed rules fried by PUC and policies presented by the ISO, 4 ) preparation of comments to be fried at the PUC to present the City's position on lSSUeS, 5 ) analyzm§ comments bled by other parties on issues affect:rog City, 6 ) working with City Staff and legal team to develop responses to positions taken by other parties adverse to the C~ty's positions, 7 ) provldm§ techmcal support to Staff and the City's legal team on issues before the PUC and the ISO, and, 8 ) maintaining mformat~on on achvlties at the PUC, ERCOT ISO and the Legnslature that supports effective representation on issues m these and related proceedmgs associated w~th restructuring m Texas 2 of 5 Task Order No 00-B Reslructurmg Implementation Services Scope of Services Task A ?UC And ERCOT Workshops and Committees 1 RJC will stay m~ormed on aci~vmes at PUC and ISO and will attend PUC and ERCOT workshops and coranuttees as needed 2 W'nen appropriate, RJ£ will parbclpate m the comn~ttees and workshops to represent interest of City based on d~recbons of Staff 3 Reports will be provided to Staff detaflmg issues addressed and poslhons taken by part~es 4 RJC will discuss with Staff positrons wtuch should be taken and strategms for workmg with partms revolved 5 RIC wffl coordmahon coverage with Staff and other parties with mrmlar interest to mamtam effecbve coverage on the numerous issues affecting the City Task B Evaluate Proposed Implemon*atlon Rules and Policies 1 The new rules being proposed by the PUC to implement restructuring will be evaluated as to thmr effect on the City 2 When requested by Staff, RJC will develop spreadsheet models and perform other analysis as reqmred to evaluate the econormc nnpact of proposed rules on the City 3 RJC will chscuss proposed new rules and changes to erastmg rules with Staff, helpmg to identify areas of concern and preparing positions on rules 4 When necessary, RJC will meet with PUC staff to discuss issues of particular concern to the City, partmularly where the stakeholder process at ERCOT fads to recogruze $1gmficant adverse mapacts on the City from policies and rules being adopted Task C Preparation of Comments 1 RJC will prepare or assist m preparing comments to be filed with PUC representing City's potation on ~ssues brought up m proposed rules and m the ERCOT Certffmatmn process 2 These comments will be coordinated through Staff and the City's legal team 3 RJC will assmt the City's legal team as necessary m the preparabon of and fflmg of comments and letters to the PUC, the ISO and to the Legislature Task D Coordination of Work Effort 1 RJC will have continuing commumcabon with Staff and the City's legal team m order to momtor proposed industry changes and address those ~ssues affecting mumclpahttes 2 An on-going dmlog wffl be maintained with Staff and the legal team m order to evaluate changing proposals and evaluate potential effects on City operabons 3of5 Task Order No 00-B Restructuring Implementation Serwces 3 Informataon necessary to supplement and support the dec,sion making process wdl be provided as requested 4 RJC wffl be available to chscuss w~th the Utthty Board and City management to dtscuss act~vlt~es at the PUC and the ISO as requested from tune to t~me by Staff 5 As dtrected by Staff, RJC wal coordinate and support other consultants, attorneys, and lobbyists used by the City m order to insure coordination of plarmtng and other acttvlhes Task E Teohmcal Support For Implementation Phase 1 RJC will provide technical support to the City's legal team to assist m the evaluatton of rules, pol~czes and procedures being adopted by the PUC and the ISO and the potenttal unpact on the City under different scenarzos 2 RJC will provide techrucal support to Staff, providing mformataon as requested from t~me to t~me to assist Staff m its evaluahons and plannmg processes 3 The evaluattons and planning process assistance shall include such ~ssues as how restructurmg is affecting power costs, what act~vlhes the City needs to be looking at to prepares for the Implementatmn Date, how will the compehQve changes be affecting the City's ablhty to retain and attract customers m the future 4 RJC will evaluate scenarios and proposals from perspectrve of City ut~hty and as a member of TMPA 5 Presentations to Staff will be made as appropriate to chscuss results of analyses and recommended strategies based on the results Budget The budget for the above scope of services for labor and expenses is difficult to esttmate due to the fact that the pohcy development and lmplementatton phases are lust beginning Based on prior experience m working with these issues, RJC recommends a budget of $100,000 for labor and expenses Th~s budget wdl not be exceeded without prior approval of the C~ty RJC will bill monthly with supporting documentation of activities performed The work bemg performed wtll be under the supervision of the Director of Electric Utaht~es and may be modified at any t~me upon appropriate not~ce to RJC EXECUTED ff--day o l b, ? mb X AUTHORIZED BY ACCEPTED BY CITX/'~jOF DENTON, TEXAS R J COVINGTON CONSULTING Dated ~,/~r~_.. ',: Dated 4of5 Task Order No O0-B Restructunng Implementataon Services ATTEST APPROVED AS TO LEGAL FORM JENNIFER WALTERS HERBERT L PROUTY CITY ATTORNEY_ / / 5of5