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