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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 Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 129.120.6.150 Sent: 2/11/2019 9:11:58 AM Viewed: 2/11/2019 12:57:49 PM Signed: 2/11/2019 12:58:55 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Todd Hileman todd.hileman@cityofdenton.com City Manager City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 129.120.6.150 Sent: 2/11/2019 12:58:56 PM Viewed: 2/11/2019 1:14:38 PM Signed: 2/11/2019 1:14:47 PM 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 Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 129.120.6.150 Sent: 2/11/2019 1:14:49 PM Viewed: 2/13/2019 11:41:52 AM Signed: 2/13/2019 11:42:11 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 2/11/2019 1:14:49 PM Certified Delivered Security Checked 2/13/2019 11:41:53 AM Signing Complete Security Checked 2/13/2019 11:42:11 AM Completed Security Checked 2/13/2019 11:42:11 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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