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1999-470AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH DIVERSIFIED UTILITY CONSULTANTS, INC TO PERFORM AN AUDIT AND A FRANCHISE REVIEW OF TXU ELECTRIC AND GAS, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE WHEREAS, by Ordinance No 99-279, passed by the City Council on August 24, 1999, the City Council authorized the City Manager to enter into a Professional Services Agreement with Diversified Utility Consultants, Inc to perform an audit and a francbase review of TXU Electric and Gas ("TXU"), and WHEREAS, due to TXU's failure to respond to requests for information completely and m a timely fasluon, it is necessary to extend th~s Professional Services Agreement for an additional 30 days in order for Diversified Utility Consultants, Inc to complete the audit of these franchise fee payments, and WHEREAS, the City Council deems it in the public mterest to enter into this First Amendment, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the City Manager is hereby authorized to enter into a F~rst Amendment to that Professional Services Agreement with Diversified Utility Consultants, Inc, substantially in the form of the First Amendment attached and made a part of this orrhnance for all purposes to extend the term of the audit and franchise review of TXU Electric and Gas for an addltaona130 days SECTION 2 That the City Manager is hereby authorized to make the expenditures and take the actions set forth in the attached Agreement SECTION 3 That this ordinance shall become effective immediately upon its passage and approval P^SS JACK~ ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR PROFESSIONAL SERVICES REGARDING TXU ELECTRIC AND GAS CURRENT YEAR AND PREVIOUS YEAR FRANCHISE FEE CALCULATIONS STATE OF TEXAS § COUNTY OF DENTON § Tins First Amendment to that certmn Agreement made and entered into as of the 24th day of August, 1999, by and between the City of Denton, Texas, a Texas mummpal corporation, wxth its pnnclpal office at 215 East McKmney Street, Denton, Denton County, Texas 76201, hereinafter called "OWNER" and Dlvermfied Utility Consultants, Inc, with its corporate office at 12113 Rox~e Drive, Suite 110, Austin, Texas 78729, heremalter called "CONSULTANT," acting herren, by and through their duly authorized representatives, hereinafter referred to as "Base Agreement" WHEREAS, OWNER entered into the Base Agreement w~th CONSULTANT to perform andlts of TXU Electric and Gas' ("TXIY') current year and prewous year franchme fee calculatluns, and WHEREAS, due to the fmlure of TXU to answer requests for information m a timely and complete manner, there is a need to extend the contract term for an additional 30 days, NOW, THEREFORE, WITNESSETH, that m conmderat~un of the covenants and agreements herein contained, the pames hereto do mutually agree as follows SECTION 1 That Article 4 "Period of Service" of the Base Agreement is hereby amended to extend the Base Agreement for an addmonal 30 days so that the same shall read as follows ARTICLE 4 PERIOD OF SERVICE Tins Agreement shall become effective upon execution of tbas Agreement by the OWNER and the CONSULTANT and upon issue of a notice to proceed by the OWNER, and shall remmn m force for the penod winch may reasonably be required for the compleUon of the Project, including Addmonal Services, if any, and any reqmred extanmons approved by the OWNER, provided however, the Project shall be completed within 150 days of the date of the notice to proceed, unless an extension of t~me m granted by the OWNER This Agreement may be sooner terminated in accordance with the provmlons hereof Time is of the essence in this Agreement The CONSULTANT shall make all reasonable efforts to complete the services set forth here~n as expedmously as posmble and to meet the schedule estabhshed by the OWNER m Exhibit "A", acting through ~ts City Manager or Ins demgnee SECTION 2 That save and except as amended hereby all the ongmal seeUons, subsections, paragraphs, sentences, and clauses of the Base Agreement shall remain in full force and effect IN WITNESS HEREOF, the City of Denton, Texas has caused tbas Agreement to be executed by its duly authorized City Manager, and CONSULTANT has executed tbas Agreement through its duly authorized undersigned officer on this the I :~ day of ~ 19e~oI CITY OF DENTON, TEXAS /M/C.TL W (~, C4I~rY MANAGER ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY DIVERSIFIED UTILITY CONSULTANTS, INC J3~I~K POUS, PRINCIPAL WITNESS