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HomeMy WebLinkAboutResolution - 5732 - Amendment To Contract- Hilgers & Watkins PC, Et Al.-Consulting, Counseling, Etc. - 12_18_1997RESOLUTION NO. 5732 Item #27 December 18, 1997 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Amendment to Professional Services Contract and all related documents by and between the City of Lubbock and Hilgers & Watkins, P.C., and Denton, McKamie & Navarro, P.C., to provide consulting, counseling and legislative services for the City of Lubbock from September 10, 1996 to December 31, 2001, with the option to extend for an additional two year period, which Contract is attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 18th day of December , 19n. TEST: KaydlVV Darnell, City Secretary APPRVED AS TO CONTENT: Debra B. Forte', First Assistant City Manager APPRO ED AS F Richard K. Casn r, Natural Resource Attorney da/ccdocs/a-hilger.res December 12. 1997 RESOLUTION No. 5732 Item #27 December 18, 1997 AMENDMENT TO PRoFEssioNAL SERvIGES CiomRAcT This Amendment to Professional Services Contract (the "Amendment") is made by and between the City of Lubbock (`City"), a Texas Municipal Corporation, and Hilgers & Watkins, P.C., and Denton, McKamie & Navarro, P. C. (collectively, the "Consultant"). WHEREAS, the City and Consultant entered into that Professional Services Contract, dated September 10, 1996, pursuant to Lubbock Resolution No. 5279, providing for certain services to be performed by Consultant (the `Contract"); WHEREAS, the Contract provides that the primary term thereof expires on December 31, 1997; and WHEREAS, the City and Consultant now desire to extend the primary term of the Contract. NOW, THEREFORE, the City and Consultant agree to amend the Contract as follows: 1. Section IV shall be amended as follows: IV. Term. The primary term of this Contract shall commence September 10, 1996 and end December 31, 2001. The City is hereby granted the option to extend the term of this Contract for one additional two (2) year period under and upon the same terms, provisions and covenants of this Contract and upon the consideration provided for the Third Phase of the Primary Term (as defined in Section V, below), plus an amount not to exceed five percent (5%) of such consideration, as may be agreed upon by the parties. The option to extend the Contract may be exercised by written notice of the City's election to exercise the option, delivered to the Consultant in person, by telephonic facsimile or mail, on or before sixty (60) days prior to the expiration of the primary term. Such notice shall be deemed to have been given, whether actually received or not, on the day it is personally delivered or provided by telephonic facsimile, or, if mailed, on the third day after it is mailed to the Consultant at the address provided by the Consultant to the City. 2. Section V of the Contract shall be amended as follows: V. Compensation. The fee to be paid Consultant for the period of time from September 10, 1996 to December 31, 1997 of the primary term (the 'First Phase of the Primary Term"), shall be $5,500 per month. The fee to be paid Consultant for the period of time from January 1, 1998 to December 31, 1999 of the primary term (the Second Phase of the Primary Term"), shall be $7,000 per month. The fee to be paid Consultant for the period of time from January 1, 2000 to December 31, 2001 of the primary term (the "Third Phase of the Primary Term") shall be $8,333.34 per month. Reasonable and ordinary expenses, in an amount not to exceed $4,000 per phase of the primary term or option period, whichever is applicable, incurred in performance of this Contract shall be borne by the City. All other and/or additional expenses shall be borne and paid by Consultant. 3. Except as expressly modified and/or amended herein, all terms, provisions and conditions of the Contract shall apply and govern the Contract, as extended hereby. EXECUTED IN DUPLICATE ORIGINALS on the 124� day CITY OF LUBBOCK HILGERS & WATKINS, P.C. By: WINDY S , MA OR Randy C. C Attorney at Law ATTEST: DENTON, MCKAMIE & NAVARRO, P. . Kayt arnell, City �1.eta,- APPROVED AS TO CONTENT: 6 4j" 1 Debra B. Forte', First Assistant City Manager Rocha Partner APPROVED AS TO FORM: ,�Oe- Richard YLVasner, Natural Resources Attorney dalraa-bay eec Docember 1% IM 2