AGENDA INFORMATION SHEET
DEPARTMENT: Materials Management
ACM: Bryan Langley
AGENDA DATE: September 20, 2016
SUBJECT
Title
Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Third Supplement to a Professional Services Agreement by and between the City of Denton, Texas and the law firm of Cole Schotz, P.C., Dallas, Texas for legal services relating to transactional and regulatory work pertaining to the Texas Municipal Power Agency; providing for additional expenditure agency of not-to-exceed $400,000; providing an effective date. (File 5380 in the additional amount not-to-exceed $400,000, aggregating a total not-to-exceed $799,500).
Body
FILE INFORMATION
A Professional Legal Services Agreement with Cole Schotz, P.C. was approved on October 12, 2013 in the amount of $75,000 for legal services regarding operational, transitional, transactional, and related legal work relating to the Texas Municipal Power Agency. A First Supplement in the amount of $125,000 was approved by Council on November 18, 2014. On March 3, 2016, a change order in the amount of $49,500 was approved by the Purchasing Manager increasing the total amount of the engagement to $249,500. On June 7, 2016, a Second Supplement was approved in the amount of $150,000. A description of the services to be provided under the Third Supplement is included in Exhibit 3.
In accordance with provisions of Texas Local Government Code Chapter 252.022, the procurement of professional services may be exempted from competition. City staff is recommending approval of the Third Supplement based upon the detailed qualifications criteria of Cole Schotz, P.C. and the continuity of existing services.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On September 12, 2016, the Public Utilities Board will consider approval to forward this item to the City Council for consideration.
RECOMMENDATION
Approve a Third Supplement to the Professional Services Agreement with Cole Schotz, P.C. in the amount of $400,000 for a total not-to-exceed amount of $799,500).
PRINCIPAL PLACE OF BUSINESS
Cole Schotz, P.C.
Dallas, TX
ESTIMATED SCHEDULE OF PROJECT
The services to be performed will begin immediately upon Council approval. The agreement will remain in effect for the period which may be reasonably required for completion of the project.
FISCAL INFORMATION
The legal services will be funded from the Electric Operating Fund account 600001.7854.9210A. A line will be added to Purchase Order 165328 upon Council approval.
STRATEGIC PLAN RELATIONSHIP
The City of Denton’s Strategic Plan is an action-oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Organizational Excellence
Related Goal: 2.3 Promote superior utility services and facilities
EXHIBITS
Exhibit 1: Original Agreement and Supplements
Exhibit 2: Ordinance
Exhibit 3: Third Supplement
Respectfully submitted:
Chuck Springer, 349-8260
Director of Finance
For information concerning this acquisition, contact: Phil Williams at 349-8487.