Exhibit 5 - Amendment 3
December 10, 2018
Bryan Langley
Deputy City Manager
City of Denton
215 E. McKinney
Denton, Texas 76201
ADDENDUM #3 TO STANDARD TERMS OF ENGAGEMENT:
- Special Counsel on Ethics to the City of Denton
Mr. Langley:
Please accept this Addendum #3 to the Standard Terms of Engagement, which was approved
on or about November 28, 2017. The City of Denton has expressed an interest in continuing
my services as Special Counsel to the City of Denton on the subject of Ethics. I am willing
to continue providing services in this regard.
Attendance at each meeting will be billed at a flat rate of $4,000 per meeting (for a
maximum of up to three hours at city hall). The flat rate is inclusive of all related travel
time and expenses. My work beyond three hours on-site for each meeting or work
completed outside of the meetings will be billed at a rate of $245.00 per hour.
If the City finds this acceptable, please acknowledge by counter-signing this Addendum #3.
Sincerely,
Alan J. Bojorquez
Managing Attorney
CITY OF DENTON:
____________________
12325 Hymeadow Drive
Suite 2-100
Austin, Texas 78750
Phone: (512) 250-0411
Fax: (512) 250-0749
TexasMunicipalLawyers.com
City Manager
DocuSign Envelope ID: 04708477-76EA-4C58-A4B0-7E56EE3D5AD4
Revised 6/11
Request for City Manager Approval of Purchase
DATE: 1/29/2019 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Sarah Kuechler 349-8356.
ACM: Bryan Langley
SUBJECT
Approve a Third Amendment in the amount of $15,000 to a professional service agreement with
Bojorquez Law Firm PC, originally awarded in the amount of $40,000 on November 30, 2017
(the “Original Agreement”); amended on June 4, 2018 in the additional amount of $15,500
aggregating a not-to-exceed amount of $55,500 (the “First Amendment”); amended on August
10, 2018 in the additional amount of $14,534.71 aggregating a not-to-exceed amount of
$70,034.71 (the “Second Amendment”) (collectively, the Original Agreement, the First
Amendment, and the Second Amendment are the “Agreement”) for Bojorquez Law Firm PC
services related to consulting for the Special Counsel on Ethics to the City of Denton. The Third
Amendment is solely for the purpose of advising City Council and Ethics Board.
FILE INFORMATION
Staff presented an option to City Council on November 14, 2017 for Alan Bojorquez assist in the
development and City Council directed staff to hire Mr. Bojorquez. The Original Agreement
with Bojorquez Law Firm, included as Attachment 1, as approved on November 28, 2017 to
provide consulting services to assist the City Council in developing an ethics ordinance as
required by the recent amendment to the City Charter. Alan Bojorquez provided ethics training
to City Council on December 5, 2018 and eight (8) subsequent meetings were held through April
2018 to draft the ordinance. The cost to provide this work was $37,445.50 and under the $40,000
not-to-exceed amount originally established in the Original Agreement.
The City Council approved the ethics ordinance on May 1, 2018 and staff requested that Alan
Bojorquez provide an addendum to the Original Agreement to assist in the creation of materials
necessary to administer the ordinance as well as training for City Officials. The First
Amendment approved on June 4, 2018 as an addendum to the Original Agreement, is included as
Attachment 2, to provide these services at a cost of $15,500.
The Second Amendment, included as Attachment 3, was for two separate trainings provided to
City Officials and the Board of Ethics for a cost of $14,534.71. Staff plans to video these
trainings to provide to future City Officials. Special Counsel & Ethics Advisor to attend a Board
of Ethics meeting on Monday, August 13, 2018, and a City Council meeting on Tuesday, August
21, 2018.
On December 11, 2018, City Officials agreed to hire Bojorquez Law Firm to attend City Council
meetings with the purposing of advising Council on ethics concerns, thus, necessitating a Third
Amendment to the Original Agreement, included as Attachment 4.
PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS)
City Council directed staff to hire Bojorquez Law Firm on November 14, 2017.
DocuSign Envelope ID: 04708477-76EA-4C58-A4B0-7E56EE3D5AD4
Revised 6/11
Bojorquez Law Firm completed the services included in the Original Agreement on May 1,
2018.
Staff provided information related to the addendum to City Council on May 11, 2018 and
May 18, 2018 in the Friday Report.
RECOMMENDATION
Staff recommends approval of the Third Amendment from Bojorquez Law Firm, in the amount
of $15,000.
PRINCIPAL PLACE OF BUSINESS
Bojorquez Law Firm
Austin, TX
ESTIMATED SCHEDULE OF PROJECT
This firm will be utilized until the Board of Ethics chooses to cease services; therefore, there is
no estimated completion date.
CONTRACT ADMINISTRATOR
Elaine Ortolani
Legal Administrator – Legal Department
FISCAL INFORMATION
The Legal Department would like to initiate a separate purchase order for the purpose of
advising the Ethics Board in order to keep costs more tightly managed and for ease of tracking
expenditures. This will be billed separate from the invoices that are currently being handled by
the City Manager’s Office. Requisition # 140951 has been set up for this amendment.
Attachment 1: Original Contract
Attachment 2: First Amendment
Attachment 3: Second Amendment Requested by:
Elaine Ortolani
Legal Administrator
940-349- 8335
Respectfully submitted:
Purchasing
Expenditure Approved:
__________________________
City Manager or Designate
__________________________
Date
DocuSign Envelope ID: 04708477-76EA-4C58-A4B0-7E56EE3D5AD4
2/11/2019
2/13/2019
Certificate Of Completion
Envelope Id: 0470847776EA4C58A4B07E56EE3D5AD4 Status: Completed
Subject: 6655- Code of Ethics- Amendment # 3
Source Envelope:
Document Pages: 18 Signatures: 4 Envelope Originator:
Certificate Pages: 5 Initials: 0 Kelly Smith
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
901B Texas Street
Denton, TX 76209
kelly.smith@cityofdenton.com
IP Address: 129.120.6.150
Record Tracking
Status: Original
2/11/2019 8:47:32 AM
Holder: Kelly Smith
kelly.smith@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
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Todd Hileman
todd.hileman@cityofdenton.com
City Manager
City of Denton
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Electronic Record and Signature Disclosure:
Accepted: 7/25/2017 9:02:14 AM
ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21
Jane Richardson
jane.richardson@cityofdenton.com
Assistant City Secretary
City of Denton
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Electronic Record and Signature Disclosure created on: 7/21/2017 1:59:03 PM
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