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Home My WebLink AboutResolution 4801-06-2017 A Resolution NO. 4801-06-2017 AUTHORIZING RETENTION OF THE LAW FIRM OF LLOYD GOSSELINK ROCHELLE & TOWNSEND, PC TO PROVIDE CONSULTING AND LEGAL SERVICES TO THE CITY OF FORT WORTH IN ACQUIRING A WASTEWATER CERTIFICATE OF CONVENIENCE AND NECESSITY FROM THE PUBLIC UTILITY COMMISSION AND AUTHORIZING PAYMENT IN AN AGGREGATE AMOUNT NOT TO EXCEED $150,000.00 WHEREAS, the Fort Worth Water Department would like to acquire a wastewater Certificate of Convenience and Necessity (CCN)to protect its system and infrastructure; and WHEREAS, the Fort Worth Water Department issued a Request for Qualifications for consulting and technical services to acquire such CCN, to which Lloyd Gosselink Rochelle & Townsend, PC made a response; WHEREAS, because of the law firm's expertise on CCN acquisition and its experience representing cities on CCN matters, the City Manager and the Water Department would like to retain the law firm of Lloyd Gosselink Rochelle &Townsend, PC; WHEREAS, due to the complexities of the state rules on acquiring a CCN from the Public Utility Commission, the City Attorney agrees that the retention of Lloyd Gosselink Rochelle & Townsend, PC will be beneficial; and WHEREAS, the law firm of Lloyd Gosselink Rochelle & Townsend, PC possesses the required knowledge and expertise to assist the City in this matter. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT: 1. The City Council authorizes retention of the law firm of Lloyd Gosselink Rochelle & Townsend, PC under Chapter VI, § 3 of the City Charter, for consulting and legal services to related to acquisition of a wastewater CCN; and 2. The City is authorized to compensate the law firm of Lloyd Gosselink Rochelle & Townsend, PC, in an aggregate amou t to exceed $150,000.00. Adopted this 20th day of June, 2017. F 0 RT" ATTEST: By. r y Kayser, kySJcretPg [,-.-r ORT WO 12WWCCN Fund Identifiers Fund Department Account Amount 56001 10701000 15330500 $150,000.00 CERTIFICATE OF INTERESTED PARTIES FORM 1.295 101`1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos,1,2,3.5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-220785 Lloyd Gosselink Rochelle&Townsend, P.C. Austin,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 06/08/2017 being filed, City of Fort Worth Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 794-4 2.017.06.08 Legal Services Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Klein, David Austin, TX United States X Crump, Georgia Austin,TX United States X Townsend, Lambeth Austin,TX United States X Rochelle, Martin Austin, TX United States X Gosselink, Paul Austin,TX United States X 5 Check only if there is NO Interested Party, 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. �.�• u URA DIPASQUALE * IpTARY PUKK.STATE OP TEXAS 3, If)S 1 0094630 ?or1E COMM,EXP.04_13-2019 `"' Sig Lure of authorized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE Sworn to and subscribed before me,by the said �c�✓1 t (� �(/V this the v day of 20_1-7 _,to certify which,witness my hand and seal of office. �GLI.(/Lli✓ p� L G(.l o— �J 1 PA J Signature of officer administe g oath Printed name of officer adminis g oath Title of o V er administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/20/2017 - Resolution No. 4801-06-2017 DATE: Tuesday, June 20, 2017 REFERENCE NO.: **G-19030 LOG NAME: 12WWCCN SUBJECT: Adopt Resolution Authorizing Retention of the Law Firm of Lloyd Gosselink Rochelle & Townsend, PC , for a Fee Not to Exceed $150,000.00, Pursuant to Chapter VI, Section 3 of the City Charter, to Provide Consulting Services and Legal Representation to the City of Fort Worth in Acquiring a Wastewater Certificate of Convenience and Necessity (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council adopt the attached Resolution to retain the law firm of Lloyd Gosselink Rochelle & Townsend, PC , for a fee not to exceed $150,000.00, pursuant to Chapter VI, Section 3 of the City Charter, to provide consulting services and legal representation to the City of Fort Worth in acquiring a wastewater Certificate of Convenience and Necessity. DISCUSSION: The Water Department issued a Request for Qualifications (RFQ) to seek a consultant with expertise in obtaining a wastewater Certificate of Convenience and Necessity (CCN) for the City of Fort Worth. The law firm of Lloyd Gosselink Rochelle & Townsend, PC (Lloyd Gosselink) submitted a response to the RFQ. Because of the law firm's extensive knowledge of the CCN process and experience in representing cities on CCN matters, the Water Department would like to hire Lloyd Gosselink to provide legal, technical and consulting services to acquire a wastewater CCN. Lloyd Gosselink will team up with Freese and Nichols as a subcontractor to provide the engineering and technical requirements of obtaining a CCN. Because the firm will be acting in a legal capacity as well as a consultant, the City Charter requires the outside counsel to be approved by resolution. The City of Fort Worth provides wastewater service to retail customers within the city, it's Extraterritorial Jurisdiction and to 23 wholesale customers in the surrounding counties. The City's collection system consists of 12 sewer basins. As the City continues to grow, the system also demands necessary expansion and new facilities which are costly endeavors. CCNs are granted by the Public Utility Commission (PUC) through a lengthy and robust process that includes public notice, hearings and technical mapping. A CCN authorizes and requires utilities to provide continuous and adequate service to every customer who requests service in a certificated area. In turn, the CCN provides the City the exclusive right to service the certificated area, therefore protecting the City's investment. The City currently has a water CCN and would like to obtain the same for the protection of its wastewater system. Lloyd Gosselink would be required to provide required notice to all retail public utilities, districts and municipalities of the proposed CCN area; to create a meta data GIS sewer boundary of the existing sewer service area that meets the PUC requirements, as well as any other mapping requests by the PUC; and to prepare and submit the CCN application to the PUC. The City Attorney and the City Manager are requesting that the City Council approve the hiring of Lloyd Gosselink Rochelle & Townsend, PC, both as outside legal counsel and consultant, and to authorize Logname: 12WWCCN Page 1 of 2 payment to the firm in an amount not to exceed $150,000.00 for the firm's time spent on acquiring the wastewater CCN. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendation, funds will be available in the current operating budget, as appropriated, of the Water and Sewer fund. FUND IDENTIFIERS (FIDs): TO Fund Department ccoun Project Program ctivity Budget Reference # mount ID ID Year Chartfield 2 FROM Fund Department ccoun Project Program ctivity Budget Reference # �rnoun ID ID Year Chartfield 2 CERTIFICATIONS: Submitted for City Manager's Office by: Jay Chapa (5804) Kara Shuror (8819) Originating Department Head: Sarah Fullenwider (7606) Christa Reynolds (8984) Additional Information Contact: Chris Harder (5020) Logname: 12WWCCN Page 2 of 2