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21-138721-1387 ORDINANCE NO. 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 GOSSELrNK 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 SPECLALIZED, 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). WHEREAS, on January 10, 2017, by Ordinance No. 2017-012, the City awarded a contract to Lloyd Gosselink Rochelle & Townsend, P.C. in the amount of $715,000.00, for legal services related to the permitting of the proposed expansion of the City’s Landfill and for general environmental legal services; and WHEREAS, on January 28, 2020, by Ordinance No. 20-247, the City awarded a First Amendment to Lloyd Gosselink Rochelle & Townsend, P.C. to extend the term of the contract to July 10, 2021; and WHEREAS, the additional fees under the proposed Second Amendment are fair and reasonable and are consistent with, and not higher than, the recommended practices and fees applicable to the Provider’s profession, and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Second Amendment, increasing the term of the contract between the City and Lloyd Gosselink Rochelle & Townsend, P.C., which is on file in the office of the Purchasing Agent, to extend the term of the contract to January 10, 2023, is hereby approved, and the expenditure of funds therefor is hereby authorized in accordance with said amendment which shall be attached hereto. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. The motion to apprQve this ordinance was made by '---Tas e_ -)J ; S and seconded by mEL_h:a___. This orMii d by the following vote La - l: Aye Ja .,/ ,/ J TI Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck. District 2: Jesse Davis. District 3 : Alison Maguire, District 4: Deb Armintor, At Large Place 5 : Paul Meltzer, At Large Place 6: -7- PASSED AND APPROVED thi' th' toNEd'y 'f 'ql'\l . 2021 aFA–Ram 'H. MAYOR ATTEST: ROSA RIOS, CITY SECRETARY L\\\\BIll IIIaOF +!+ Pq +6 eJ al qbaB+ B ea +(-•eB••• b’ ,>a N l //1 JIll\ APPROVED AS TO LEGAL FORM: CATHERINE CLIFTON, INTERIM CITY ATTORNEY _., \x?,UcaJi.\ DEiLac:c:i:edc=:3;::rti::.ndncxaad \)N\\,L :::IS;IIL=II[Fj;GIgIIIIT"‘) Date: 2021.06.29 1 1 :50:SS -0S’00' DocuSign Envelope ID: 89COD2C7-5B6446D5-9481-B7988B37382F DENTON Docusign City Council Transmittal Coversheet 6288PSA File Name Purchasing Contact CrYsta1 WestbrQOk City Council Target Date JULY 20’ 2021 Not Applicab1 ePiggy Back Option Contract Expiration Ordinance SW EXPANSION PERMIT N/A 21-1387 DocuSign Envelope ID: 89COD2C7-5B6446D5-9481-B7988B37382F SECOND AMENDMENT TO CONTRACT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND LLOYD GOSSELINK ROCHELLE & TOWNSEND, P.C. PSA 6288 THE STATE OF TEXAS § §COUNTY OF DENTON THIS SECOND AMENDMENT TO CONTRACT 6288 (this “Amendment”) by and between the City of Denton, Texas (“City”) and Lloyd Gosselink Rochelle & Townsend, P.C. (“Consultant”); to that certain contract executed on January 10, 2017, in the original not-to-exceed amount of $715,000 (the “Original Agreement”); amended on January 28, 2020 for providing an additional eighteen (18) month term that extended until July 10, 2021 a not-to-exceed amount of $715,000 (the “First Amendment”) (collectively, the Original Agreement and the First Amendment are the “Agreement”) for services related to the permitting of the proposed expansion of the City’s landfill and for general environmental legal services; WHEREAS, the City deems it necessary to further extend the term of the Agreement to provide an additional eighteen months with this Amendment to perform the services provided by Consultant to the City pursuant to the terms of the Agreement; NOW THEREFORE, the City and Consultant (hereafter collectively referred to as the “Parties”), in consideration of their mutual promises and covenants, as well as for other good and valuable considerations, do hereby AGREE to the following Amendment, which amends the following terms and conditions of the said Agreement, to wit: 1. This Amendment modifies the Agreement to provide an additional eighteen (18) month term for services to be provided in accordance with the terms of the Agreement. The term of the Agreement is extended until January 10th, 2023 . 2. This Amendment modifies the Agreement to include the key person who will be performing most of the work hereunder shall be Jeff Reed. The Parties hereto agree, that except as specifically provided for by this Amendment, that all of the terms, covenants, conditions, agreements, rights, responsibilities, and obligations of the Parties, set forth in the Agreement remain in full force and effect. IN WITNESS WHEREOF, the City and the Consultant, have each executed this Amendment electTonicallyo9ygH hough their respective duly authorized representativesand officers on this date 6288 PSA – Amendment #2 Page 1 of 2 DocuSign Envelope ID: 89COD2C7-5B64216D5-9481-B7988B37382F “CITY” “CONSULTANT” CITY OF DENTON, TEXAS A Texas Municipal Corporation Lloyd Gosselink Rochelle & Townsend, P.C By:SMA HtML# 'DocuSigned by: By:+2 AUTHORIZED SIGNATURE, TITLE ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: CATHERINE CLIF"”’ INTERIM CITY ' Attorney DocuSigned bF By: 1 RMARi% DocuSigned by: ~: I „„„ t-„'~'~ THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. Br1 an Boerner PRINTED NAMESIGNATURE D1 rector of solld waste TITLE solid waste and Recycling DEPARTMENT 6288 PSA – Amendment #2 Page 2 of 2