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Exhibit 1 - Agenda Information Sheet City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Procurement & Compliance ACM: David Gaines DATE: October 20, 2020 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of a fourth amendment to a Professional Services Agreement between the City of Denton and Bojorquez Law Firm, PC, amending the contract approved by Purchasing on November 28, 2017, in the not-to-exceed amount of $40,000; amended by Amendments 1-3 approved by Purchasing and City Manager; said fourth amendment to provide additional independent, outside legal services under certain circumstances as defined in the Ethics Ordinance; providing for the expenditure of funds therefor; and providing an effective date (File 6655 – providing for an additional fourth amendment expenditure amount not-to-exceed $30,000, with the total contract amount not-to-exceed $115,034.71). INFORMATION/BACKGROUND Staff presented an option to City Council on November 14, 2017 for Alan Bojorquez to assist in the development and they directed staff to hire Mr. Bojorquez. The Original Agreement with Bojorquez Law Firm, as approved on November 28, 2017 is 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, to provide these services at a cost of $15,500. The Second Amendment, was for two separate trainings provided to City Officials and the Board of Ethics for a cost of $14,534.71. Staff recorded these trainings to provide to future City Officials. On December 11, 2018, City Officials agreed to hire Bojorquez Law Firm to attend City Council and Board of Ethics meetings with the purpose of advising these bodies on ethics concerns, thus, necessitating a Third Amendment to the Original Agreement for an additional $15,000. As part of this amendment, the Bojorquez Law Firm has provided legal support to the City Auditor on a number of occasions and to the Board of Ethics at the following meetings: • February 27, 2019 • May 1, 2019 (Hearing) • March 6, 2019 (Panel) • May 6, 2019 (Panel) • March 27, 2019 (Panels) • July 7, 2020 (Panel) City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com As of July 7, 2020, this previously approved not-to-exceed amount has been fully expended; however, the Board of Ethics continues to require independent, outside legal services under certain circumstances as defined in the Ethics Ordinance. This necessitated a Fourth Amendment to the Original Agreement for an additional $30,000. The Fourth Amendment estimates an annual spend of $10,000 over the next three (3) fiscal years. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On August 27, 2020, the Board of Ethics recommended this item for consideration with an approval of (7-0). RECOMMENDATION Award Amendment No. 4 with Bojorquez Law Firm, PC, provide additional independent, outside legal services under certain circumstances as defined in the Ethics Ordinance, in the not-to-exceed amount $30,000, for a total amended contract amount of $115,034.71. PRINCIPAL PLACE OF BUSINESS Bojorquez Law Firm, PC 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. The $30,000 increase is expected to last about three years. FISCAL INFORMATION These services will be funded from Internal Audit’s General Fund Operating Budget. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Original Contract Exhibit 3: Amendment 1 Exhibit 4: Amendment 2 Exhibit 5: Amendment 3 Exhibit 6: Ordinance and Amendment 4 Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Madison Rorschach, 940-349-7228. Legal point of contact: Mack Reinwand at 940-349-8333.