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Exhibit 1 - Agenda Information Sheet - Amendment 2City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Procurement & Compliance ACM: David Gaines DATE: July 20, 2021 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of a second amendment to a Professional Services Agreement between the City of Denton and Lloyd Gosselink Rochelle & Townsend, P.C., amending the contract approved by City Council on January 10, 2017, in the not-to-exceed amount of $715,000.00; amended by Amendment 1 approved by the City Council; said second amendment to provide specialized, professional legal services to secure a Permit Amendment for the City of Denton’s Municipal Solid Waste (MSW) Facility, MSW Permit# 1590B, extending the term of the contract to January 10, 2023; and providing an effective date (File 6288 – extending a contract with Lloyd Gosselink Rochelle & Townsend, P.C. to January 10, 2023). The Public Utilities Board recommends approval (5 - 0). INFORMATION/BACKGROUND The Municipal Solid Waste (MSW) permitting and amendment is a lengthy and complex process spanning multiple years involving design, public input, and multiple regulatory agencies regarding technical and administrative issues. On January 10, 2017, the City of Denton entered into a Professional Services Agreement with Lloyd Gosselink Rochelle & Townsend, P.C. to provide specialized, professional legal services to help secure a permit amendment for the City of Denton’s Municipal Solid Waste (MSW) Facility, MSW Permit# 1590B. The permit amendment review process within the Texas Commission on Environmental Quality has lasted longer than originally anticipated under the current contract extending beyond the original contract term. Additionally, due to COVID-19 related shutdowns and delays, the time to guide the application to permit award was delayed. This amendment provides additional time for the remainder of the permitting process including, but not limited to, legal representation at public meetings and hearings and other efforts required to finalize awarding of a permit modification. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On January 10, 2017, City Council approved a Professional Services Agreement with Lloyd Gosselink Rochelle & Townsend, P.C., in the not-to-exceed amount of $715,000 (Ordinance 2017-012). On January 28, 2020, City Council approved Amendment 1 with Lloyd Gosselink Rochelle & Townsend, P.C., extending the termination date to July 10, 2021 (Ordinance 20-247). City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com On July 12, 2021, the Public Utilities Board (PUB) recommended this item to the City Council for consideration. RECOMMENDATION Award Amendment No. 2 with Lloyd Gosselink Rochelle & Townsend, P.C., to continue to provide specialized, professional legal services to secure a Permit Amendment for the City of Denton’s Municipal Solid Waste (MSW) Facility, MSW Permit# 1590B, for a contract extension through to January 10, 2023. PRINCIPAL PLACE OF BUSINESS Lloyd Gosselink Rochelle & Townsend, P.C. Austin, TX ESTIMATED SCHEDULE OF PROJECT This contract will expire on January 10, 2023. FISCAL INFORMATION No additional funding is required. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Original Ordinance and Contract Exhibit 3: Ordinance and Amendment 1 Exhibit 4: Ordinance and Amendment 2 Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Brian Boerner, 940-349-8001. Legal point of contact: Marcella Lunn at 940-349-8333.