7984 - Contract Executed
Docusign Transmittal Coversheet
File Name
Purchasing Contact
Contract Expiration
DocuSign Envelope ID: 96FE4CFF-E19B-4C79-9B69-7876C7DB4EA0
7984 Airport Appraiser Services
Gabby Leeper
N/A
City of Denton, Texas Contract 7984
Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 1 of 13
PROFESSIONAL SERVICES AGREEMENT
FOR CONSULTING SERVICES
FILE 7984
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT (the “Agreement”) is made and entered into on
________________________, by and between the City of Denton, Texas, a Texas municipal
corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas
76201, hereinafter called “OWNER” and Airport & Aviation Appraisals, Inc, with its corporate
office at 702 Chestnut St., Suite 101 Bastrop, TX 78602, hereinafter called “CONSULTANT,”
acting herein, by and through their duly authorized representatives.
WITNESSETH, that in consideration of the covenants and agreements herein contained,
the parties hereto do mutually agree as follows:
ARTICLE I
CONSULTANT AS INDEPENDENT CONTRACTOR
The OWNER has selected CONSULTANT on the basis of demonstrated competence and
qualifications to perform the services herein described for a fair and reasonable price pursuant to
Chapter 2254 of the Texas Government Code. The OWNER hereby contracts with the
CONSULTANT as an independent contractor and not as an employee, and as such, the OWNER
will not assert control over the day-to-day operations of the CONSULTANT. The CONSULTANT
is customarily engaged to provide services as described herein independently and on a
nonexclusive basis in the course of its business. This Agreement does not in any way constitute a
joint venture between OWNER and CONSULTANT. The CONSULTANT hereby agrees to
perform the services described herein based on the skills required for the scope of work in
connection with the Project as stated in the sections to follow, with diligence and in accordance
with the highest professional standards customarily obtained for such services in the State of
Texas. The professional services set out herein are in connection with the following described
project:
The Project shall include, without limitation, Airport Aviation Appraisal, as described in
Exhibit A, which is on file at the purchasing office and incorporated herein (the “Project”).
ARTICLE II
SCOPE OF BASIC SERVICES
The CONSULTANT shall perform the following services in a professional manner:
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A. The CONSULTANT shall perform all those services as necessary and as described in the
OWNER’s RFQ 7984 – Aviation Appraiser Services, which is on file at the purchasing
office and made a part hereof as Exhibit A as if written word for word herein.
B. To perform all those services set forth in CONSULTANT’s proposal, which proposal is
attached hereto and made a part hereof as Exhibit B as if written word for word herein.
C. CONSULTANT shall perform all those services set forth in individual task orders, as
described in Exhibit B, which shall be attached to this Agreement and made a part hereof.
D. If there is any conflict between the terms of this Agreement and the exhibits attached to
this Agreement, the terms and conditions of this Agreement will control over the terms and
conditions of the attached exhibits or task orders.
ARTICLE III
ADDITIONAL SERVICES
Additional services to be performed by the CONSULTANT, if authorized by the OWNER,
which are not included in the above-described Basic Services, may be negotiated as needed, per
rates included in Exhibit B.
A. Preparing applications and supporting documents for government grants, loans, or planning
advances and providing data for detailed applications.
B. Preparing data and reports for assistance to OWNER in preparation for hearings before
regulatory agencies, courts, arbitration panels or mediator, giving testimony, personally or
by deposition, and preparations therefore before any regulatory agency, court, arbitration
panel or mediator.
C. Assisting OWNER in preparing for, or appearing at litigation, mediation, arbitration, dispute
review boards, or other legal and/or administrative proceedings in the defense or prosecution
of claims disputes with Contractor(s).
D. Assisting OWNER in the defense or prosecution of litigation in connection with or in
addition to those services contemplated by this AGREEMENT. Such services, if any, shall
be furnished by CONSULTANT on a fee basis negotiated by the respective parties outside
of and in addition to this AGREEMENT.
E. Visits to the site in excess of the number of trips included in Exhibit B.
F. Preparing statements for invoicing or other documentation for billing other than for the
standard invoice for services attached to this professional services agreement.
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ARTICLE IV
TIME OF COMPLETION
CONSULTANT is authorized to commence work under this contract upon execution of this
AGREEMENT. CONSULTANT shall perform and complete its obligations herein in a prompt
and continuous manner, so as to not delay the completion of the Project in accordance with the
schedules as described in Exhibit B. The contract shall remain effective for a period which may
reasonably be required for the completion of the Project, acceptance by an authorized
representative of the OWNER, exhaustion of authorized funds, or termination as provided in this
Agreement, whichever occurs first.
ARTICLE V
COMPENSATION
A. COMPENSATION TERMS:
1. “Subcontract Expense” is defined as expenses incurred by the CONSULTANT in
employment of others in outside firms for services related to this agreement.
2. “Direct Non-Labor Expense” is defined as that expense for any assignment incurred
by the CONSULTANT for supplies, transportation and equipment, travel,
communications, subsistence, and lodging away from home, and similar incidental
expenses in connection with that assignment.
B. BILLING AND PAYMENT: For and in consideration of the professional services to be
performed by the CONSULTANT herein, the OWNER agrees to pay, based on the cost
estimate detail at an hourly rate shown in Exhibit B which is attached hereto and made a
part of this Agreement as if written word for word herein, a total fee, including
reimbursement for direct non-labor expenses not to exceed $30,000.
Partial payments to the CONSULTANT will be made on the basis of detailed monthly
statements rendered to and approved by the OWNER through its City Manager or his
designee; however, under no circumstances shall any monthly statement for services
exceed the value of the work performed at the time a statement is rendered.
Nothing contained in this Article shall require the OWNER to pay for any work which is
unsatisfactory, as reasonably determined by the City Manager or his designee, or which is
not submitted in compliance with the terms of this Agreement. The OWNER shall not be
required to make any payments to the CONSULTANT when the CONSULTANT is in
default under this Agreement.
It is specifically understood and agreed that the CONSULTANT shall not be authorized to
undertake any work pursuant to this Agreement which would require additional payments
by the OWNER for any charge, expense, or reimbursement above the maximum not to
exceed fee as stated, without first having obtained written authorization from the OWNER.
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City of Denton, Texas Contract 7984
Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 4 of 13
The CONSULTANT shall not proceed to perform the services listed in Article III
“Additional Services,” without obtaining prior written authorization from the OWNER.
C. ADDITIONAL SERVICES: For additional services authorized in writing by the OWNER
in Article III, the CONSULTANT shall be paid based on the Schedule of Charges at an
hourly rate shown in Exhibit B. Payments for additional services shall be due and payable
upon submission by the CONSULTANT and approval by the City staff, and shall be in
accordance with subsection B hereof. Statements shall not be submitted more frequently
than monthly.
D. PAYMENT: If the OWNER fails to make payments due the CONSULTANT for services
and expenses within thirty (30) days after receipt of the CONSULTANT’s undisputed
statement thereof, the amounts due the CONSULTANT will be paid interest in accordance
with the Texas Government Code 2251.025. Additionally, the CONSULTANT may, after
giving seven (7) days’ written notice to the OWNER, suspend services under this
Agreement until the CONSULTANT has been paid in full all amounts due for services,
expenses, and charges. Nothing herein shall require the OWNER to pay the late charge if
the OWNER reasonably determines that the work is unsatisfactory, in accordance with this
Article V, “Compensation,” there is a bona fide dispute concerning the amount due, or the
invoice was not mailed to the address or in the form as described in this Agreement. The
OWNER will notify CONSULTANT of any disputes within twenty-one (21) days of
receipt of the invoice.
E. Invoices shall be sent directly to the City of Denton Accounts Payable Department, 215 E
McKinney St, Denton, TX, 76201-4299. A pro-forma invoice shall be sent to the contract
administrator. It is the intention of the City of Denton to make payment on completed
orders within thirty days after receipt of invoice or items; whichever is later, unless unusual
circumstances arise. Invoices must be fully documented as to labor, materials, and
equipment provided, if applicable, and must reference the City of Denton Purchase
Order Number in order to be processed. No payments shall be made on invoices not
listing a Purchase Order Number.
ARTICLE VI
OBSERVATION AND REVIEW OF THE WORK
The CONSULTANT will exercise reasonable care and due diligence in discovering and
promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT
or any subcontractors or subconsultants.
ARTICLE VII
OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by the CONSULTANT (and CONSULTANT’s
subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and shall
become the property of the OWNER upon the termination of this Agreement. The
CONSULTANT is entitled to retain copies of all such documents. The documents prepared and
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City of Denton, Texas Contract 7984
Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 5 of 13
furnished by the CONSULTANT are intended only to be applicable to this Project, and OWNER’s
use of these documents in other projects shall be at OWNER’s sole risk and expense. In the event
the OWNER uses any of the information or materials developed pursuant to this Agreement in
another project or for other purposes than specified herein, CONSULTANT is released from any
and all liability relating to their use in that project.
ARTICLE VIII
INDEMNITY AGREEMENT
THE CONSULTANT SHALL INDEMNIFY AND SAVE AND HOLD HARMLESS
THE OWNER AND ITS OFFICERS, OFFICIALS, AGENTS, AND EMPLOYEES FROM
AND AGAINST ANY AND ALL LIABILITY, CLAIMS, DEMANDS, DAMAGES,
LOSSES, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO COURT COSTS AND
REASONABLE ATTORNEY FEES ASSERTED AGAINST OR INCURRED BY THE
OWNER, AND INCLUDING, WITHOUT LIMITATION, DAMAGES FOR BODILY AND
PERSONAL INJURY, DEATH AND PROPERTY DAMAGE, RESULTING FROM THE
NEGLIGENT ACTS OR OMISSIONS OF THE CONSULTANT OR ITS OFFICERS,
SHAREHOLDERS, AGENTS, OR EMPLOYEES INCIDENTAL TO, RELATED TO,
AND IN THE EXECUTION, OPERATION, OR PERFORMANCE OF THIS
AGREEMENT.
Nothing in this Agreement shall be construed to create a liability to any person who is not
a party to this Agreement, and nothing herein shall waive any of the parties’ defenses, both at law
or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement,
including the defense of governmental immunity, which defenses are hereby expressly reserved.
ARTICLE IX
ALTERNATIVE DISPUTE RESOLUTION
The parties may agree to settle any disputes under this Agreement by submitting the dispute
to mediation with each party bearing its own costs of mediation. No mediation arising out of or
relating to this Agreement, involving one party’s disagreement may include the other party to the
disagreement without the other’s approval. Mediation will not be a condition precedent to suit.
ARTICLE X
TERMINATION OF AGREEMENT
A. Notwithstanding any other provision of this Agreement, either party may terminate by
giving thirty (30) days’ advance written notice to the other party.
B. This Agreement may be terminated in whole or in part in the event of either party
substantially failing to fulfill its obligations under this Agreement. No such termination
will be affected unless the other party is given (1) written notice (delivered by certified
mail, return receipt requested) of intent to terminate and setting forth the reasons specifying
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City of Denton, Texas Contract 7984
Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 6 of 13
the non-performance, and not less than fifteen (15) calendar days to cure the failure; and
(2) an opportunity for consultation with the terminating party prior to termination.
C. If the Agreement is terminated prior to completion of the services to be provided hereunder,
CONSULTANT shall immediately cease all services and shall render a final bill for
services to the OWNER within thirty (30) days after the date of termination. The OWNER
shall pay CONSULTANT for all services properly rendered and satisfactorily performed
and for reimbursable expenses to termination incurred prior to the date of termination, in
accordance with Article V “Compensation.” Should the OWNER subsequently contract
with a new consultant for the continuation of services on the Project, CONSULTANT shall
cooperate in providing information. The CONSULTANT shall turn over all documents
prepared or furnished by CONSULTANT pursuant to this Agreement to the OWNER on
or before the date of termination, but may maintain copies of such documents for its use.
ARTICLE XI
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval by the OWNER shall not constitute, nor be deemed a release of the responsibility
and liability of the CONSULTANT, its employees, associates, agents, subcontractors, and
subconsultants for the accuracy and competency of their designs or other work; nor shall such
approval be deemed to be an assumption of such responsibility by the OWNER for any defect in
the design or other work prepared by the CONSULTANT, its employees, subcontractors, agents,
and consultants.
ARTICLE XII
NOTICES
All notices, communications, and reports required or permitted under this Agreement shall
be personally delivered or mailed to the respective parties by depositing same in the United States
mail to the address shown below, certified mail, return receipt requested, unless otherwise
specified herein. Mailed notices shall be deemed communicated as of three (3) days’ mailing:
To CONSULTANT: To OWNER:
Airport & Aviation Appraisals, Inc City of Denton
Winthrop D. Perkins Purchasing Manager –File 7984
702 Chestnut St., Suite 101 901B Texas Street
DocuSign Envelope ID: 96FE4CFF-E19B-4C79-9B69-7876C7DB4EA0
City of Denton, Texas Contract 7984
Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 7 of 13
Bastrop, TX 78602 Denton, Texas 76209
All notices shall be deemed effective upon receipt by the party to whom such notice is
given, or within three (3) days’ mailing.
ARTICLE XIII
ENTIRE AGREEMENT
This Agreement and related exhibits constitute the complete and final expression of this
Agreement of the parties, and is intended as a complete and exclusive statement of the terms of
their agreements, and supersedes all prior contemporaneous offers, promises, representations,
negotiations, discussions, communications, and agreements which may have been made in
connection with the subject matter hereof.
ARTICLE XIV
SEVERABILITY
If any provision of this Agreement is found or deemed by a court of competent jurisdiction
to be invalid or unenforceable, it shall be considered severable from the remainder of this
Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the
parties shall reform this Agreement to replace such stricken provision with a valid and enforceable
provision which comes as close as possible to expressing the intention of the stricken provision.
ARTICLE XV
COMPLIANCE WITH LAWS
The CONSULTANT shall comply with all federal, state, and local laws, rules, regulations,
and ordinances applicable to the work covered hereunder as those laws may now read or
hereinafter be amended.
ARTICLE XVI
DISCRIMINATION PROHIBITED
In performing the services required hereunder, the CONSULTANT shall not discriminate
against any person on the basis of race, color, religion, sex, sexual orientation, national origin or
ancestry, age, or physical handicap.
ARTICLE XVII
PERSONNEL
A. The CONSULTANT represents that it has or will secure, at its own expense, all personnel
required to perform all the services required under this Agreement. Such personnel shall
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not be employees or officers of, or have any contractual relations with the OWNER.
CONSULTANT shall inform the OWNER of any conflict of interest or potential conflict
of interest that may arise during the term of this Agreement.
B. All services required hereunder will be performed by the CONSULTANT or under its
supervision. All personnel engaged in work shall be qualified, and shall be authorized and
permitted under state and local laws to perform such services.
ARTICLE XIIII
ASSIGNABILITY
The CONSULTANT acknowledges that this Agreement is based on the demonstrated
competence and specific qualifications of the CONSULTANT and is therefore personal as to the
CONSULTANT. Therefore, the CONSULTANT shall not assign any interest in this Agreement,
and shall not transfer any interest in this Agreement (whether by assignment, novation, or
otherwise) without the prior written consent of the OWNER.
ARTICLE XIX
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition, or limitation
herein contained shall be valid unless in writing and duly executed by the party to be charged
therewith, and no evidence of any waiver or modification shall be offered or received in evidence
in any proceeding arising between the parties hereto out of or affecting this Agreement, or the
rights or obligations of the parties hereunder, and unless such waiver or modification is in writing
and duly executed; and the parties further agree that the provisions of this section will not be
waived unless as set forth herein.
ARTICLE XX
MISCELLANEOUS
A. The following exhibits are attached to and made a part of this Agreement:
Exhibit A – RFQ 7984 – Aviation Appraiser Services for the City of Denton (on file at the
purchasing office)
Exhibit B – Consultant’s Proposal
Exhibit C – Conflict of Interest Questionaire
What is called for by one exhibit shall be as binding as if called for by all. In the event of
an inconsistency or conflict in this Agreement and any of the provisions of the exhibits, the
inconsistency or conflict shall be resolved by giving precedence first to this Agreement
then to the exhibits in the order in which they are listed above.
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B. This Agreement shall be governed by, construed, and enforced in accordance with, and
subject to, the laws of the State of Texas or federal law, where applicable, without regard
to the conflict of law principles of any jurisdiction. In the event there shall be any dispute
arising out of the terms and conditions of, or in connection with, this Agreement, the party
seeking relief shall submit such dispute to the District Courts of Denton County or if federal
diversity or subject matter jurisdiction exists, to the United States District Court for the
Eastern District of Texas-Sherman Division.
C. For the purpose of this Agreement, the key persons who will perform most of the work
hereunder shall be Winthrop D. Perkins. However, nothing herein shall limit
CONSULTANT from using other equally qualified and competent members of its firm to
perform the services required herein.
D. CONSULTANT shall commence, carry on, and complete any and all projects with all
applicable dispatch, in a sound, economical, and efficient manner and in accordance with
the provisions hereof. In accomplishing the projects, CONSULTANT shall take such steps
as are appropriate to ensure that the work involved is properly coordinated with related
work being carried on by the OWNER.
E. The OWNER shall assist the CONSULTANT by placing at the CONSULTANT’s disposal
all available information pertinent to the Project, including previous reports, any other data
relative to the Project, and arranging for the access thereto, and make all provisions for the
CONSULTANT to enter in or upon public and private property as required for the
CONSULTANT to perform services under this Agreement.
F. The captions of this Agreement are for informational purposes only, and shall not in any
way affect the substantive terms or conditions of this Agreement.
G. The parties agree to transact business electronically. Any statutory requirements that
certain terms be in writing will be satisfied using electronic documents and signing.
Electronic signing of this document will be deemed an original for all legal purposes.
ARTICLE XXI
INDEPENDENT CONTRACTOR
CONSULTANT shall provide services to OWNER as an independent contractor, not as an
employee of the OWNER. CONSULTANT shall not have or claim any right arising from
employee status.
ARTICLE XXII
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RIGHT TO AUDIT
The OWNER shall have the right to audit and make copies of the books, records and computations
pertaining to this agreement. The CONTRACTOR shall retain such books, records, documents
and other evidence pertaining to this agreement during the contract period and five years thereafter,
except if an audit is in progress or audit findings are yet unresolved, in which case records shall be
kept until all audit tasks are completed and resolved. These books, records, documents and other
evidence shall be available, within 10 business days of written request. Further, the
CONTRACTOR shall also require all Subcontractors, material suppliers, and other payees to
retain all books, records, documents and other evidence pertaining to this agreement, and to allow
the OWNER similar access to those documents. All books and records will be made available
within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the OWNER
unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater
occurs, the reasonable cost of the audit, including any travel costs, must be borne by the
CONTRACTOR which must be payable within five business days of receipt of an invoice.
Failure to comply with the provisions of this section shall be a material breach of this contract and
shall constitute, in the OWNER’S sole discretion, grounds for termination thereof. Each of the
terms "books", "records", "documents" and "other evidence", as used above, shall be construed to
include drafts and electronic files, even if such drafts or electronic files are subsequently used to
generate or prepare a final printed document.
ARTICLE XXIII
Prohibition on Contracts with Companies Boycotting Israel
Contractor acknowledges that in accordance with Chapter 2271 of the Texas Government Code,
City is prohibited from entering into a contract with a company for goods or services unless the
contract contains a written verification from the company that it: (1) does not boycott Israel; and
(2) will not boycott Israel during the term of the contract. The terms “boycott Israel” and
“company” shall have the meanings ascribed to those terms in Section 808.001 of the Texas
Government Code. By signing this agreement, Contractor certifies that Contractor’s signature
provides written verification to the City that Contractor: (1) does not boycott Israel; and (2)
will not boycott Israel during the term of the agreement. Failure to meet or maintain the
requirements under this provision will be considered a material breach.
ARTICLE XXIV
Prohibition On Contracts With Companies Doing Business with Iran, Sudan, or a
Foreign Terrorist Organization
Sections 2252 and 2270 of the Texas Government Code restricts CITY from contracting with
companies that do business with Iran, Sudan, or a foreign terrorist organization. By signing this
agreement, Contractor certifies that Contractor’s signature provides written verification to the
City that Contractor, pursuant to Chapters 2252 and 2270, is not ineligible to enter into this
agreement and will not become ineligible to receive payments under this agreement by doing
business with Iran, Sudan, or a foreign terrorist organization. Failure to meet or maintain the
requirements under this provision will be considered a material breach.
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ARTICLE XXV
Prohibition on Contracts with Companies Boycotting Certain Energy Companies
Contractor acknowledges that in accordance with Chapter 2274 of the Texas Government Code,
City is prohibited from entering into a contract with a company for goods or services unless the
contract contains written verification from the company that it (1) does not boycott energy
companies; and (2) will not boycott energy companies during the term of the contract. The terms
“boycott energy company” and “company” shall have the meanings ascribed to those terms in
Section 809.001 of the Texas Government Code. By signing this agreement, Contractor
certifies that Contractor’s signature provides written verification to the City that Contractor:
(1) does not boycott energy companies; and (2) will not boycott energy companies during the
term of the agreement. Failure to meet or maintain the requirements under this provision will be
considered a material breach.
ARTICLE XXVII
Prohibition on Contracts with Companies Boycotting Certain Firearm Entities and
Firearm Trade Associations
Contractor acknowledges that in accordance with Chapter 2274 of the Texas Government Code,
City is prohibited from entering into a contract with a company for goods or services unless the
contract contains written verification from the company that it (1) does not have a practice,
policy, guidance, or directive that discriminates against a firearm entity or firearm trade
association; and (2) will not discriminate during the term of the contract against a firearm entity
or firearm trade association. The terms “discriminate against a firearm entity or firearm trade
association,” “firearm entity” and “firearm trade association” shall have the meanings ascribed to
those terms in Chapter 2274 of the Texas Government Code. By signing this agreement,
Contractor certifies that Contractor’s signature provides written verification to the City that
Contractor: (1) does not have a practice, policy, guidance, or directive that discriminates
against a firearm entity or firearm trade association; and (2) will not discriminate during the
term of the contract against a firearm entity or firearm trade association. Failure to meet or
maintain the requirements under this provision will be considered a material breach.
ARTICLE XXVII
Termination Right for Contracts with Companies Doing Business with Certain Foreign-
Owned Companies
The City of Denton may terminate this Contract immediately without any further liability if the
City of Denton determines, in its sole judgment, that this Contract meets the requirements under
Chapter 2274, and Contractor is, or will be in the future, (i) owned by or the majority of stock or
other ownership interest of the company is held or controlled by individuals who are citizens of
China, Iran, North Korea, Russia, or other designated country (ii) directly controlled by the
Government of China, Iran, North Korea, Russia, or other designated country, or (iii) is
headquartered in China, Iran, North Korea, Russia, or other designated country.
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ARTICLE XXVIII
PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS
No officer, employee, independent consultant, or elected official of the City who is involved in
the development, evaluation, or decision-making process of the performance of any solicitation
shall have a financial interest, direct or indirect, in the Contract resulting from that solicitation as
defined in the City’s Ethic Ordinance 18-757 and in the City Charter chapter 2 article XI(Ethics).
Any willful violation of this section shall constitute impropriety in office, and any officer or
employee guilty thereof shall be subject to disciplinary action up to and including dismissal. Any
violation of this provision, with the knowledge, expressed or implied, of the Contractor shall
render the Contract voidable by the City. The Consultant shall complete and submit the City’s
Conflict of Interest Questionnaire.
The parties agree to transact business electronically. Any statutory requirements that
certain terms be in writing will be satisfied using electronic documents and signing. Electronic
signing of this document will be deemed an original for all legal purposes.
IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be
executed by its duly authorized City Manager, and CONSULTANT has executed this Agreement
through its duly authorized undersigned officer on this date______________________.
CITY OF DENTON, TEXAS
“OWNER”
____________________________
Airport & Aviation Appraisals, Inc,
A TEXAS CORPORATION
“CONSULTANT”
__________________________________
BY: Winthrop D. Perkins
ITS: PRESIDENT
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
_______________ ________________
SIGNATURE PRINTED NAME
__________________________________
TITLE
__________________________________
DEPARTMENT
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Director - Airport & Facilities
Scott Gray
Facilities Management
06/27/2022
Airport & Aviation Appraisals, Inc.
Austin, Texas Office
702 Chestnut St., Suite 101 Bastrop, TX 78602 512-308-1420 Fax: 512-308-9217
Web Site: www.airportappraisals.com wperkins@airportappraisals.com
April 28, 2022 Denton Enterprise Airport City of Denton 5000 Airport Road Denton, TX 76207 Attention: Scott T. Gray, C.M., C.A.E. Airport Manager Per your request, Airport & Aviation Appraisals, Inc. is pleased to submit our proposal to perform an appraisal of the market rental rates for 5 sites that in aggregate support a total of 6 individual hangar structures. They are as follows: 904 Aeronca 918 Aeronca 922 Aeronca 926 Aeronca 5088 Sabre The structures are located on the east side of the airport in a general area which is improved with a number of standalone hangar structures. The purpose of the appraisal will be to determine a rental rate to be charged by the airport to aeronautical users at Denton Enterprise. We will conduct an inspection of the properties. Due to the similar location and the general ubiquity of the structures, we will develop the data relating to the market rental rates, and present it in a single report, in a manner consistent with the approach used for the appraisal we performed for the airport relating to multiple parcels of land in 2018. Based upon the information provided to us and our experience in similar assignments, we estimate our fee to deliver a USPAP compliant appraisal report to be $6,000, plus expenses not to exceed $200. We estimate that will be able to provide you with the appraisal report on or before August 1, 2022, if we are given authorization to begin now. Airport & Aviation Appraisals, Inc., appreciates the opportunity to work with you on this important assignment and we look forward to our continued working relationship. If you have any questions regarding this proposal or our appraisal, please do not hesitate to contact me. Very truly yours,
Winthrop D. Perkins
Winthrop D. Perkins, CRE President Engagement Letter Accepted: ___________________________________________________ (Client Signature) ___________________________________________________ (Title) (date)
Exhibit B- Contractor's ProposalDocuSign Envelope ID: 96FE4CFF-E19B-4C79-9B69-7876C7DB4EA0
Buyer 6/27/2022
CONFLICT OF INTEREST QUESTIONNAIRE
CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as
defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after
the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a
misdemeanor.
1 Name of vendor who has a business relationship with local governmental entity.
2 Check this box if you are filing an update to a previously filed questionnaire.
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date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)
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Name of Officer
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Yes No
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named in this section AND the taxable income is not received from the local governmental entity?
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officer or director, or holds an ownership of one percent or more?
Yes No
D. Describe each employment or business and family relationship with the local government officer named in this section.
4 I have no Conflict of Interest to disclose.
5
Signature of vendor doing business with the governmental entity Date
x
April 18, 2022
N/A
DocuSign Envelope ID: 96FE4CFF-E19B-4C79-9B69-7876C7DB4EA0
Airport & Aviation Appraisals, Inc
Risk Management
601 E. Hickory St., Suite A, Denton, TX 76205 (940) 349-7822
OUR CORE VALUES
Integrity Fiscal Responsibility Transparency Outstanding Customer Service
ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989
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DocuSign Envelope ID: 96FE4CFF-E19B-4C79-9B69-7876C7DB4EA0
Winthrop Perkins
Denton Enterprise Airport
2
I HAVE CAREFULLY AND COMPLETELY READ THIS RELEASE AND WAIVER OF LIABILITY AND FULLY
UNDERSTAND ITS CONTENTS. I UNDERSTAND THAT I AM RELEASING AND INDEMNIFYING THE
CITY OF DENTON AND RELEASEES FROM ANY AND ALL LIABILITY, KNOWN OR UNKNOWN,
PRESENT OR FUTURE. I AM SIGNING THIS AGREEMENT OF MY OWN FREE WILL. I CERTIFY THAT
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COMPETENT TO EXECUTE THIS RELEASE, AND THAT I DO SO OF MY OWN FREE WILL AND
ACCORD WITHOUT RELIANCE ON ANY REPRESENTATION, PROMISE, INDUCEMENT, OR
AGREEMENT OF ANY KIND OR CHARACTER NOT EXPRESSLY SET FORTH HEREIN.
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release are contractual and not mere recitals.
I further state that I have carefully read, or had read to me, the foregoing WAIVER OF LIABILITY
AND RELEASE AND INDEMNIFICATION AGREEMENT and understand all of its terms. I execute it
voluntarily and with full knowledge of its significance.
Signature Date Signed
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Telephone Number(s) City, State, ZIP Code
Witness (must know your signature and authority
to enter into this Agreement) Date Signed (Witness)
DocuSign Envelope ID: 96FE4CFF-E19B-4C79-9B69-7876C7DB4EA0
908-514-5285
702 Chestnut St. Suite 101
6/25/2022
Bastrop, TX 78602
Winthrop Perkins
6/27/2022
Certificate Of Completion
Envelope Id: 96FE4CFFE19B4C799B697876C7DB4EA0 Status: Completed
Subject: ***Purchasing Approval*** 7984 Airport Appraiser Services
Source Envelope:
Document Pages: 17 Signatures: 6 Envelope Originator:
Certificate Pages: 5 Initials: 1 Gabby Leeper
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Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
Gabby.Leeper@cityofdenton.com
IP Address: 198.49.140.104
Record Tracking
Status: Original
6/23/2022 3:19:47 PM
Holder: Gabby Leeper
Gabby.Leeper@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Gabby Leeper
gabby.leeper@cityofdenton.com
Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Signed by link sent to
gabby.leeper@cityofdenton.com
Using IP Address: 198.49.140.104
Sent: 6/23/2022 5:29:03 PM
Viewed: 6/23/2022 5:29:46 PM
Signed: 6/23/2022 5:31:44 PM
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Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
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Signed by link sent to lori.hewell@cityofdenton.com
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Winthrop Perkins
wperkins@airportappraisals.com
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Signed by link sent to
wperkins@airportappraisals.com
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Sent: 6/24/2022 8:30:12 AM
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Signed: 6/25/2022 3:52:29 PM
Electronic Record and Signature Disclosure:
Accepted: 6/25/2022 3:43:49 PM
ID: 8358d2d3-d5f7-405b-927f-eb27da24b769
Scott Gray
scott.gray@cityofdenton.com
Director - Airport & Facilities
x
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Signed by link sent to scott.gray@cityofdenton.com
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Signed using mobile
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Accepted: 6/25/2022 3:54:16 PM
ID: 9e9385fc-8fec-49ed-8c3c-bf033bb3fc33
Gabby Leeper
gabby.leeper@cityofdenton.com
Buyer
City of Denton
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(None)
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Signed by link sent to
gabby.leeper@cityofdenton.com
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Cheyenne Defee
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Procurement Administration Supervisor
City of Denton
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(None)
Completed
Signed by link sent to
cheyenne.defee@cityofdenton.com
Using IP Address: 198.49.140.104
Sent: 6/27/2022 8:21:11 AM
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Leanne Hood
leanne.hood@cityofdenton.com
Administrative Assistant III
City of Denton
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Sent: 6/27/2022 8:21:12 AM
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Electronic Record and Signature Disclosure
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Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Winthrop Perkins, Scott Gray
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