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HomeMy WebLinkAbout1996-195ORDINANCE NO OIG -1 of 5 AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City has solicited, received and tabulated competitive sealed proposals for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law and City ordinances, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described proposals are the best responsible proposals for the materials, equipment, supplies or services as shown in the "Proposals" submitted therefor, and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SRC'TION I That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Proposals" attached hereto, are hereby accepted and approved as being the best responsible proposal for such items RFSP ITEM NUMBER Na VENDOR AMOUNT 1907 ALL MINER AND MINER INC $174,684 00 1914 ALL TMG CONSULTING INC $ 24,345 00 SECTION ION IT That by the acceptance and approval of the above numbered items of the submitted proposals, the City accepts the offer of the persons submitting the proposals for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Invitations, Proposals, and related documents SEA ON III That should the City and persons submitting approved and accepted items and of the submitted proposals wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the proposal, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto, provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Proposal and related documents herein approved and accepted SECTION ION IV That by the acceptance and approval of the above numbered items of the submitted proposals, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved proposal or pursuant to a written contract made pursuant thereto as authorized herein 9RCTION V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this day of 1 1996 JACK ILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 2 DATE SEPTEMBER 17,19% TO Mayor and Members of the City Council FROM Ted Benavides, City Manager SUBJECT RFSP # 1907 - INTEGRATED DISTRIBUTION MANAGEMENT SYSTEM We recommend this proposal from Miner and Miner Inc be awarded in the total amount of $174,684 00 SUMMARY* This request for sealed proposals is for the purchase of software to be used with the GIS System which will allow interfaces to SCADA, AMR and other data sources used by the Electric Engineering Department Seven sealed proposals were received in response to thirty notices mailed to prospective vendors BACKGROUND! List of respondents, Memorandum from Glenn Fisher 9/5/96, PUB Minutes recommending approval PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED- Electric Engineering Department, Electric Distribution, Electric Utilities, Electric Utility Customers of the City of Denton FISCAL IMPACT: Budgeted funds for 1996 Electric Utilities accounts 610-106-1061-4171-9106 610-103-1033-3910-9103 Prepared by Name Demse Harpool Title Senior Buyer Approved Name Tom D Shaw, C P M Title Purchasing Agent 769 AGENDA 610-103-1033-5800-8502 610-105-1051-9300-8502 Respectfully submitted Ted Benavides City Manager LIST OF RESPONDENTS SOUTHERN TELLUS INC BLACK AND VEATCH ADVANCED CONTROL SYSTEMS CAE ELECTRONICS MINER & MINER CONFIGURED ENERGY SYSTEMS GEO/INFO 4 96 � -5 "' 26 CITY OF DENTON MUNICIPAL UTILITIES 901-A TEXAS STREET 0 DENTON TEXAS 76201 u u•ZT i1 To Denise Harpool From Glenn Fisher Date September 5, 19 6 Subject Software Purchase from Miner & Miner RECOMMENDATION The Utilities Staff recommends the approval of the proposal by Miner and Miner, Inc to provide application software at a cost of $174,684 as outlined in Exhibit 1 SUMMARY/BACKGROUND On June 20, 1996, the City received seven responses to a request for proposal for a distribution management software This software will reside on the GIS system and allow interfaces to SCADA, AMR and other data sources The result will be a platform that will model the electrical system and promote more efficient operation Vendors were asked to submit solutions in five main areas, Database Migration -To provide the interface between the GIS database, engineering analysis software, outage management software, work order generation software and external systems such as SCADA and the automatic meter reading system Database Maintenance Software - Provides easy meams to update and verify changes made to the electric system database Engineering Analysis Software - Includes power flow, short circuit, coordination, feeder optimization, and capacitor placement Outage Management Software - Allows for more efficient outage detection and restoration "Dedicated to Quality Service" Work Order Generation Software - Provides uniform means to produce construction drawings, material lists and cost estimates for electric system extensions Of the proposals, Miner and Miner, Inc and Tellus, Inc offered solutions in all areas These proposals were evaluated using the following weights, Corporate viability, history, financial stability and performance in previous projects 25% Flexibility and suitability of application software 20% - Overall cost of implementation, consultation, and application software 20% Qualifications of personnel assigned to the project 10% Hardware requirements 10% Operating system and database software requirements 10% Expected time schedule 5% Based on these, the Staff selected Miner and Miner, Inc to provide the software as outlined in Exhibit 1 Miner and Miner has partnered with PTi, Inc to provide the engineering analysis tools These tools include, Power Flow - Performs single or three phase analysis of balanced or unbalanced distribution systems This allows the system to be viewed under changing operating parameters, i e changing loads, generation, or VAR levels Device Coordination - Reviews the coordination of sectionalizing devices such as substation breakers, reclosers, fuses, etc The ensures the system will be sectionalized in the proper order to minimize the number of customers affected Capacitor Placement - This analyzes feeders to ensure that capacitors are placed in the most efficient locations This helps reduce voltage drops and VARs on the system Feeder Optimization - Analyzes proposed configurations to minimize losses, reduce voltage drop, optimize loading or meet other technical constraints Miner and Miner is integrating PTI's products and providing, Database Maintenance Software - Provides basic map generation, map maintenance, ad hoc query, reporting and display tools Outage Management Software - Allows evaluation of outages during normal and emergency operations Pinpoints suspected cause of the outage, prioritizes outages and provides outage reporting Work Order Management Software - Provides means to produce work sketches, estimate costs, and order material Allows for automatic updates of the GIS database As a whole, this software will provide the basic platform for the proposed Operation Center Some of the major capabilities it will add, 1) provides the means to perform a more detailed analysis of the system under varying operating characteristics, 2) allows operators the means to use 'what if scenarios to review switching and loading before system changes are made, 3) identifies customers affected by outages and pinpoints the probable cause, reducing outage restoration time If you have any questions concerning this recommendation, please get with me Exhibit 1 COST BREAKDOWN OF MINER AND MINER/PTI SOFTWARE PRODUCTS Database Maintenance (4 licenses) $23,800 Engineering Analysis including power flow, $69,200 device coordination, feeder optimization, and capacitor placement (1 license) Outage Management (5 licenses) $43,500 Work Order Generation (3 licenses) $23,184 Oracle, Arc/Info, SQL"Net (7-10 licenses) $15,000 Total Software Costs $174,684 PUBLIC UTILITIES BOARD MINUTES EXCERPT 14 REVIEW RATE AND HOLD A DISCUSSION ON THE SOFTWARE/DISPATCH COSTS WITH MINER AND MINER Ms Mays introduced Mr Glen Fisher, Operations Manager Mr Fisher discussed software operations and dispatch costs Ms Mays said staff collected the functional parts of the software that could be purchased prior to year-end and these are the items presented to the Board Mr Norton made a motion to approve the purchase request to Miner and Miner Mr Thompson seconded the motion All ayes, no nays, motion passed unanimously DATE SEPTEMBER 17,1996 TO Mayor and Members of the City Council FROM Ted Benavides, City Manager SUBJECT RFSP # 1914 - CUSTOMER SERVICE AND UTILITY BILLING NEEDS STUDY RECOMAIENDATION., We recommend this proposal be awarded to TMG Consulting, Inc in the amount of $24,345 00 for Phase I only SUMMARY: The content, cost and Justification for acceptance of the proposal from TMG was presented to Council during the work session on September 10, 1996 Phase 1, as recommended, will research and assess the feasibility of outsourcing, partner billing, or selecting a new Customer Information Service System (CIS) TMG Consulting Inc will submit a study consisting of a cost benefit analysis and a written recommendation on the best option for meeting the City of Denton Customer Information and Utility Billing System needs BACKGROUND: City Council Report dated August 20, 1996, presented September 10, 1996, proposed consulting agreement from TMG Consulting Inc PROC13AMS, DEPARTMENTS OR GROUPS AFFECTED: Customer Service Division, City of Denton Municipal Utility and Citizens of Denton FISCAL IMPACT: Funds for Phase I of the referenced study are available in the 1995-96 budget, account #100-040-0022-8502 Customer Service Special Services Approved by Name Tom D Shaw, C P M Title Purchasing Agent 773 AGENDA 10 Respectfully submitted Ted Benavides City Manager DATE August 20, 1996 TO Mayor and Members of the City Council FROM Ted Benavides, City Manager SUBJECT STRATEGIC ISSUES RELATED TO UTILITY BILLING RECOMMENDATION Staff and the Public Utility Board recommends that the City of Denton conduct an in-depth study of the Customer Information and Utility Billing System The purpose of the study is to identify the best approach to enhance the services we provide our customers BACKGROUND The quality of our service depends on the satisfaction of our customers Therefore, a few years ago we designed and implemented several projects to increase customer satisfaction through convenience, availability and equity The City now accepts request for utility service, disconnects and credit extensions by phone As a result, the number of customers that visit our office annually has decreased by more than fifty (50%) percent In addition, to give our customers as many options as possible, we now accept Discover Card for payments The City Hall in the Mall office extends the same services as provided in the main office and both offices offer extended hours The above mentioned projects are only a few of the recent enhancements to the service we provide our customers We continue to provide Equalized Payment Plans, Bank Drafts, Plus One Support, Co -Signer Notification, Landlord Automatic Re -connection, etc However, to provide additional enhancements and prepare for an unpredictable future in the Electric industry, the City will need to study it's Customer Information and Utility Billing System The results of the study will determine which enhancements will be available (See Attachment "A") However, we know there is a need for a flexible system which we can amend in a timely and cost effective manner SUMMARY: The proposed study of the City's Customer Information and Utility Billing System will be in two (2) phases Phase I will research and assess the feasibility of out- sourcing, "partner billing", or selecting a new CIS System Phase II will involve the selection of a specific source, firm or software and platform to meet our utility billing needs The conclusion of the study will consist of a cost benefit analysis and a written recommendation on the best option for meeting the City's Customer Information and Utility Billing System needs 11 On June 13, 1996, we received two (2) responses to our RFP, which was designed to identify firms capable of conducting such a study The two (2) responses were from TMG Consulting, Inc and Perot Systems Corporation The cost of the study conducted by TMG Consulting, Inc is $73,875 (i e , $60,000 fixed fee and $13,875 expenses) The cost of the study conducted by the Perot Systems Corporation is $75,000 plus actual expenses The Perot System Corporation also faded to present their proposal in two (2) phases as required by the Request for Proposal In addition to being the lowest responsible bidder, TMG Consulting, Inc also worked with the City to develop a strategic technology plan Therefore, we recommend accepting their proposal Attachments "B", "C" and "D" identify the major phases of the entire process and the timelines for the phases that are contained in the proposal PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED City Council, Public Utility Board, Utility Department and Customers of the City of Denton will be affected FISCAL IMPACT We recommend that the City only conduct Phase 1 of the study at this time This would cost $24,345 (i e , $20,000 fixed fee and $4,345 expenses) Prepared by Harlan L ., Director of Approved by Kaibse Executive Director of Finanace AFF0129E Respectfully submitted Ted Benavides City Manager 12 CONSULTANT AGREEMENT TH S GREEMENT, made and entered into on this day of 1996 by and between the City of Denton, Texas, a mu icipal corporation, hereinafter referred to as "CLIENT", and TMG Consulting, Inc , a Texas corporation located at 9210 Honeycomb Drive, Austin, Texas 78737, hereinafter referred to as "CONSUL- TANT" WITNESSETH WHEREAS, the CLIENT is seeking to conduct an in-depth study of its Customer Information and Utility Billing System in order to research and assess the feasibility of outsourcing, "partner billing", or selecting a new CIS system, and WHEREAS, the CONSULTANT is an experienced professional information system and management consulting firm with particular knowledge of this Project, possesses the skills required, and has the personnel resources to perform the required work, and WHEREAS, this Agreement allows the performance by the CONSUL- TANT of required services for the Project in a professional manner, as requested by the CLIENT NOW, THEREFORE, for and in consideration of the promises, covenants, and agreements herein contained, the parties mutually AGREE as follows 1 STATEMENT OF SERVICES - SCOPE OF WORK CONSULTANT agrees to put forth its best effort to provide the CLIENT with the professional services of CONSULTANT's staff to perform professional customer system optimization strategy activities as may be required by the CLIENT CONSULTANT shall furnish all necessary labor and supervision, except as specified hereunder to be furnished by CLIENT, and shall perform the Services specified in Addendum A, PROPOSAL SUBMITTED TO THE CITY OF DENTON, subject to and in accordance with the terms and conditions of this Agreement 2 SOLE AGREEMENT This Agreement shall supersede all prior agreements and understandings between the parties with respect to the subjects hereof, and is the entire agreement of the parties Additional agreements and documents between the parties, such as proposals from CONSULTANTS and written acceptances by the CLIENT, may be attached as mutually agreed Addenda to this Agreement in order to more specifically define CONSULTANT's participation on individual projects for which CLIENT shall engage CONSULTANT to provide such services This Agreement may only be modified or terminated in writing by either party 3 INCORPORATION OF CONTRACT DOCUMENTS The CLIENT's Request for Proposal RFSP #1914 and the Proposal made by the CONSULTANT are hereby incorporated by reference, and the Terms and Conditions specified therein are hereby made an integral part of this Agreement In the event of conflict between the terms of this Agreement and the exhibits attached to this Agreement, the Agreement will control over the terms and conditions of the attached exhibits (the CLIENT's Request for Proposal and the Proposal made by the CONSULTANT) 4 ASSIGNED EMPLOYEES CONSULTANT's personnel shall be and will remain at all times, during such assignments, employees and/or subcontractors of CONSULTANT The CLIENT shall not be responsible for any payments due CONSULTANT's employees and/or subcontractors on account of, or in connection with, this Agreement CONSULTANT shall provide services to CLIENT as an independent contractor, not as an employee of CLIENT CONSULTANT shall not have or claim any right arising from employee status CONSULTANT's employees and/or subcontractors assisting the CLIENT under this Agreement who are found, in the CLIENT's sole opinion, to be unsatisfactory for services to be performed hereunder, shall be removed by CONSULTANT immediately upon receipt of such written request by the CLIENT Such employee shall be replaced with another CONSULTANT employee satisfactory to the CLIENT as soon as possible 5 INSURANCE CONSULTANT shall provide and maintain, with forms and insurers acceptable to CLIENT, until all the obligations under this Agreement are satisfied, the following coverage Comprehensive General Liability Insurance with a combined single limit of One Million Dollars ($1,000,000) each occurrence The policy shall include coverage for bodily injury liability, property damage liability, personal injury liability (including coverage for contractual and employee acts), and blanket contractual Said policy shall contain a severability of interests provision CONSULTANT shall furnish insurance certificates or insurance policies at the CLIENT's request to evidence such coverage The insurance policies shall name CLIENT as an additional insured, and shall contain a provision that such insurance shall not be cancelled or modified without 30 days prior written notice to CONSULTANT and CLIENT In such event, CONSULTANT shall, prior to the effective date of the change or cancellation, furnish CLIENT Page 2 substitute policies furnishing the same coverage CONSULTANT and its insurers providing the required coverage shall waive any and all claims or rights of recovery against CLIENT and its directors, officers, employees, and agents 6 PAYMENT Based on the scheduled completion of the professional consult- ing effort as defined under Item 1, Statement of Service - Scope of Work All labor services performed by the CONSULTANT shall be invoiced at a fixed amount of $10,000 per month, with professional fees guaranteed not to exceed $20,000 Out-of-pocket expenses are to be billed based upon actual amounts incurred These expenses are guaranteed not to exceed $4,345 CLIENT may withhold the final ten percent (10%) of the contract amount until satisfactory completion of the work required by this Agreement It is specifi- cally understood and agreed that CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by CLIENT for any charge or expense above the maximum not to exceed fees as stated, without CONSULTANT having obtained prior written authorization of CLIENT The CLIENT shall make payments to the CONSULTANT under this Agreement based on the successful and timely completion of the scheduled services by CONSULTANT The CONSULTANT will submit to the CLIENT invoices for services completed the previous month Payment by the CLIENT shall be made within thirty (30) days of receipt of the invoice All deliverables and related invoices will be directed to Mr Harlan Jefferson Director of Fiscal Operations City of Denton 215 E McKinney Denton, Texas 76201 It is expressly agreed that under no circumstances shall the CLIENT be responsible for payment or CONSULTANT be entitled to compensation for any services or expenses of any kind or nature in addition to the financial participation of the CLIENT unless such additional amounts are approved by the CLIENT In the event the CLIENT determines that it becomes necessary to amend the project budget, it may be done administratively by the CLIENT 7 TERMINATION OF AGREEMENT The CLIENT shall have the right to terminate this Agreement at any time at the CLIENT's convenience without cause, by giving five Page 3 (5) days written notice of same to the CONSULTANT Upon receiving notice of termination, CONSULTANT shall discontinue the work on the date and to the extent specified in the notice and place no further orders for sub services except as needed to continue any portion of the work which was not terminated CONSULTANT shall also make every reasonable effort to cancel, upon terms satisfactory to the CLIENT, all orders or subcontracts related to the terminated work If this Agreement is terminated at the CLIENT's convenience after CONSULTANT has commenced any work, mobilization, or other off -site activities under this Agreement, CONSULTANT will be paid its actually incurred costs, including administrative and general overhead costs and demobilization costs, determined in accordance with generally accepted accounting principles consistently applied, provided that, if compensation under this Agreement is on a time and materials basis, CONSULTANT will be compensated at the rates specified in the Agreement for work actually accomplished prior to the notice of termination Notwithstanding the foregoing, CLIENT may terminate this contract immediately, without prior notice, if for cause 8 CONFIDENTIALITY OF INFORMATION The parties acknowledge that in the course of this Agreement they will have access to, and/or will be in possession of, confidential information of the other "Confidential Information" shall mean information regarded by that party as confidential, including information relating to its past, present or future research, development or business affairs, future pro3ect purchas- es, and any proprietary products, materials, or methodologies Each party shall hold in confidence, in the same manner as it holds its own confidential information of like and kind, all Confidential Information of the other to which it may have access hereunder Access to Confidential Information shall be restricted to those of the party's personnel with a need to know and engaged in a permitted use Each party's reports and work papers marked confidential shall neither be exhibited nor distributed in any way to parties external to the other party The foregoing shall not prohibit or limit either party's use of information (including, but not limited to , ideas, concepts, know- how, techniques, and methodologies) (i) previously known to it, (ii) independently developed by it, (ill) acquired by it from a third party without continuing restriction on use, (iv) which is, or becomes, publicly available through no breach of this Agreement, or (v) as may be required by law This section shall survive termination of the Agreement for any reason The CLIENT shall be the owner of all work papers created and Page 4 software developed or delivered in connection with this Agreement CONSULTANT shall deliver all work papers created in connection with this Agreement CONSULTANT shall be entitled to retain a duplicate set of such work papers for its files for informational purposes and not for duplication or distribution 9 RESPONSIBILITY OF THE CLIENT The CLIENT will (a) Provide information as to its requirements for the Project as described in the approved final schedule (b) Assist CONSULTANT by placing at its disposal all available information pertinent to the Project including previous reports and any other data relative to the Project as is required by the approved final schedule (c) Furnish to CONSULTANT, as required for performance on CONSULTANT services, data, and other special research as required and available and appropriate professional interpreta- tions of all the foregoing, provide that CLIENT in its sole opinion is not unduly burdened with complying with this provision (d) Examine all studies, reports, specifications, proposals, and other documents presented by CONSULTANT, in a timely manner, and render in writing the decision pertaining thereto within that time specified in the approved final schedule (e) Designate Harlan Jefferson to act as the CLIENT's Project Director on behalf of the CLIENT, with respect to the work to be performed under this Agreement (f) Give prompt written notice to CONSULTANT whenever the CLIENT observes or otherwise becomes aware of any development that affects the scope or timing of CONSULTANT's services 10 WARRANTY CONSULTANT warrants that the Services and Software shall be free of defects and shall be in accordance with the requirements of the Agreement, and that the Software shall be merchantable and suitable for the use intended, and shall be compatible with, and capable of efficiently operating on the systems described in Item 1 of the Agreement Any corrected Services and Software shall be similarly warranted CONSULTANT expressly warrants that by providing the CLIENT with the services and software that they do not in any way invalidate the licenses given to the CLIENT by various software vendors, nor do they breach the confidentiality of such software, documentation, Page 5 or related materials 11 COMPLIANCE WITH LAW CONSULTANT agrees to comply with all local, state and federal laws, regulations, rules and orders relating to the services as they may now read or as they may be hereafter amended In performing the services required hereunder, CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or physical handicap 12 SPECIAL CONDITIONS The parties also include the following provisions (a) If the project scope of work is increased or changed by the CLIENT in such a manner as to require additional labor or expenses, CONSULTANT, with written Project Director and Purchasing Office approval, will adjust both scope and fees through written amendment to this Agreement (b) CONSULTANT 's project team members will have the opportunity and authority to contact personnel of the CLIENT directly in the performance of technical consulting duties (c) CONSULTANT shall testify, when required by CLIENT, on CLIENT's behalf, in any court or governmental or regulatory agency hearings or proceedings relative to the work performed under this Agreement (d) Disputes on any matter relating to this Contract shall be discussed and resolved by authorized representatives of each Party who have the authority to bind the party that they represent The Parties shall use their best efforts to amicably and promptly resolve the dispute However, pending resolution of any dispute, and at CLIENT's option CONSULTANT shall proceed with the Work, or that portion thereof, in dispute, as directed by CLIENT and the cost of such Work, or the portion thereof in dispute, shall be accounted for in a segregated account pending resolution of the dispute (e) Consultant shall commence, carry on, and complete any and all work provided for in this Agreement, with all applicable dispatch, in a sound, economical, efficient manner In accomplishing the work, CONSULTANT shall take such steps as are appropriate to ensure that the work is properly coordinated with related work being carried on by the CLIENT 13 ASSIGNABILITY CONSULTANT shall not assign any interest in this Agreement and Page 6 shall not transfer any interest in this Agreement, without the prior written consent of the CLIENT 14 INDEMNITY AGREEMENT CONSULTANT shall indemnify and save and hold harmless the CLIENT and its officers, 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 incurred by the CLIENT, 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 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 party's 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 15 ADDRESSES OF PARTIES TO AGREEMENT All correspondence, contacts, notices, reports, and other communications other than invoices between the parties to this Agreement should be made to the following City of Denton 215 E McKinney Denton, TX 76201 TMG Consulting 9210 Honeycomb Drive Denton, TX 78737 Attn Mr Harlan Jefferson Attn Mr Greg Galluzzi Phone (817) 566-8224 Phone (512) 288-2655 16 GOVERNING LAW This Agreement shall be construed in accordance with the laws of the State of Texas Venue of any suit or cause of action shall lie exclusively in Denton County, Texas 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 it du a thorized undersigned officer on this the day of 1996 Page 7 CITY OF DENTON, TEXAS (CLIENT✓ BY TED BENAVIDES, CITY MANAGER ATTEST JENNIFER WALTERS, CITY SECRETARY BY J APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY I� L�� �u ATTEST i \WP NAME l _`) RLG (�6 1. L V" L21= TITLE �s-1�� i DOCS\K\TMJCSLT K Page 8 ADDENDUM A PROPOSAL SUBMITTED TO THE CITY OF DENTON Page 9 ADDENDUM B CITY OF DENTON REQUEST FOR SEALED PROPOSAL RFSP #1914 Page 10