HomeMy WebLinkAboutSeptember 26, 2000 Agenda , AGENDA ^Oenda NO
CITY OF DENTON CITY COUNCIL 0end8 Item ," '
September 26, 2000 Date_
After det~ rm]mng that a quortun is present and convening ~n an Open Meettng, the City Council
of the CJI ~ of Denton, Texas wdl convene m a Closed Meeting on Tuesday, September 26, 2000
at 5 00 p m m the City of Denton Council Work Session Room, Denton City Hall, at 215 East
McKmne t, Denton, Texas to consider spec]fie items when these Items are hsted below under the
Closed IV eetmg sect]on of th~s agenda When items for consideration are not hsted under the
Closed Iv :eet]ng section of the agenda, the City Council wall not conduct a Closed Meeting at
5 00 p m and wall convene at the time hsted below for its regular or specml called meeting The
C~ty Council ~es~ the r~ight to adjourn rote a Closed Meeung on any item on Its Open
Meeting ~genda~:~h~iste~ v~th Chapter 551 of the Texas Government Code, as amended, as set
forth belqTM
1 Closed Meeting
[**Before the Denton Cxty Council may dehberate, vote, or take final action on
each of the agenda Items posted as a compet]Uve matter In a Closed Meeting
under the prows]ons of TEX GOV'T CODE Section 551 086(c), the C~ty
Councd must first make a good froth determination, by majority vote of ~ts
members, that the partacular agenda item is a compettt~ve matter that sat]sties the
reqmrements of Section 551 086(b)(3) The vote shall be taken during the Closed
Meeting and shall be included m the certified agenda of the Closed Meeting If
the C~ty Council ftuls to determine by a malonty vote that the particular agenda
]tam sat]sties the requirements of SecUon 551 086(b)(3), the City Council may not
dehbarate or take any further action on that agenda item in the Closed Meeting
A Dehberat]ons Regarding Certmn Pubhc Power UUht~es Compettt]ve Matters ---
Under TEX GOV'T CODE Sectton 551 086 **
i 1 Receive competitive electric and commemml ~nfonnaUon from Staff,
discuss, dehberate, and cons]der final act]on and approval of a F~rst
, ~3~.~?t to the Interrupt]ble Natural Gas Transportation Agreement by
atl~l~/~en the Cay of Denton and TXU Lone Star Pxpehne, dated
December 14, 1999, pertmmng to natural gas reqmrements to be fumxshed
to the Denton Mummpal Electric Spencer Steam Power Plant to be used
for the productxon of electric energy
2 Receive competitive electric and commercml xnformatton from one of the
Cxty's Texas Munm~pal Power Agency ("TMPA") Board Members and/or
City Staff pertmmng to certmn matters respecting present and future
mmntenance ~ssues, financial xssues, operational ~ssues, legal and
comphance xssues, and other related ~ssues and strategies concermng the
City's ~nterest m, and ~ts busxness relatmnsh]p wath TMPA, and discuss,
dehberate, consider, and prowde such TMPA Board Member and/or Staff
, w~th d]rectxon regarding such matters
B! Consultation with Attorney - Under TEX GOV'T CODE Sectxon 551 071
1 Cons]der and discuss possxble settlement anthonty of httgat~on styled
Truman and Carole Harp v Ctty of Denton, Cause No 98-30822-211,
currently pending m the 393ra District Court of Denton County, Texas
Cay of Denton Clty Council Agenda
September 26, 2000
Page 2
2 Discuss and consider strategy and settlement proposal with the City's
attorneys m litigation styled Ct~ of Denton v Texas Uttlmes Company, et
al, Cause No 2000-60109-393 currently pending in the 393ra District
Court of Denton County, and discuss legal issues concerning this litigation
with the attomeys where to d~scuss these matters in public would conflict
w~th the duty of the City's attorneys to the City Council under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A
CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN
COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE
EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED
MEETING IN ACCORDANCE WITH THE PROVISIONS OF SECTION 551 086 OF THE
TEXAS GOVERNMENT CODE (THE "PUBLIC POWER EXCEPTION") THE CITY
COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR
EXECUTIVE SESSION AS AUTHORIZED BY TEX GOV'T CODE, SECTIONS 551 001,
ET SEQ (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING
AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON
THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS
OPEN MEETiNGS ACT, INCLUDING, WITHOUT LIMITATION SECTIONS 551 071-
551 086 OF THE TEXAS OPEN MEETINGS ACT
Regular Meeting of the City of Denton City Cotmcfl on Tuesday, September 26, 2000 at 6 00
p m in the Council Chambers at C~ty Hall, 215 E McKlnney Street, Denton, Texas at which the
following items will be considered
1 Pledge of Allegiance
A U S Flag
B Texas Flag
"Honor the Texas Flag -- I pledge allegiance to thee, Texas, one and indivisible"
2 Consider approval of the minutes of September 5, 2000
PROCLAMATIONS/PRESENTATIONS
3 Proclamations
a Troy LaGrone
b Prostate Cancer Awareness Month
CITIZEN REPORT
4 Receive a c~tizen report from Roosevelt Washington, Jr regarding a tap fee for sewer
sarvlce
5 Receive a c,t~zen report from Dessxe Goodson regarding littering and racml and sexual
profiling
City of D~nton City Council Agenda
September 26, 2000
Page 3
NOISE EXCEPTION
6 Consider adoptaon of an ordinance of the Caty of Denton, Texas, pursuant to section 20-
1(c)(2) of the Code of Ordnances of the City of Denton, Texas, an exception to the
hmltatlons amposed by that sectaon with respect to hours of operation of an amplified
loudspeaker system, and provldmg an effective date (City of Denton Employee Pmnlc)
CONSENT AGENDA
Each of these items is recommended by the Staff and approval thereof will be strictly on
the bas~s of the Staff recommendataons Approval of the Consent Agenda authorizes the Caty
Manager or has desagnee to implement each item in accordance with the Staff recommendations
The Caty Council has received background lnformat~on and has had an opportunity to rinse
questions regarding these atems prior to consideration
Lasted below are bids, purchase orders, contracts, and other items to be approved for
payment under the Consent Agenda (Agenda Items 7-45) This listing is provided on the
Consent Agenda to allow Council Members to dascuss or withdraw an atem prior to approval of
the Consent Agenda If no items are pulled, Consent Agenda Items 7-45 below will be approved
with one motion If items are pulled for separate discussion, they will be consadered as the first
items under "Items for Indavldual Cons~derataon"
7 Consader adoption of an ordinance accepting competatlve bids and awarding a contract
for Servme Coordination Program for Emergency Fanancial Aad, providing for the
e~pendlture of funds therefore, and provldang for an effective date (Bid 2523 - Service
Coordanatlon Program for Emergency F~nancml Aid awarded to HelpNET of the Greater
Denton Area in the amount of $22,500)
8 Consider adoption of an ordanance accepting competitive bids and awarding a contract
for Infant and Child Care Programs for Low-Income Famlhes, provldang for the
expendature of funds therefore, and providing for an effective date (Bad 2524 - Infant &
Child Program for Low4ncome Famthes awarded to Fred Moore Day Nursery School in
the amount of $38,000)
9 Consader adoptaon of an ordinance acceptang competitive bids and awarding a contract
for the purchase of materials, eqmpment, supphes or services, promdlng for the
expenditure of funds therefore, and providing for an effective date (Bid 2525 -
Chfldcare Programs for Low-Income Famlhes awarded to Denton City-County Day
School an the amount of $26,000)
10 Consader adoptaon of an ordmance accepting competmve bids and awarding a contract
for prenatal program for lowqncome famthes, providing for the expenditure of funds
therefore, and prowdlng for an effective date (B~d 2526A - Prenatal Program for Low-
Income Famlhes awarded to Family Health Care, Inc for $25,000)
11 Consider adoption of an ordinance accepting competitive bads and awarding a contract
for Emergency Utility Assistance Program for Low-Income Famthes providing for the
expendature of funds therefore, and providing for an effectave date (Bid 2527 -
Caty of Denton City Councd Agenda
September 26, 2000
Page 4
Emergency Utdlty Assistance Program for Low-Income Famdaes awarded to Interfaith
Mlmstnes of Denton for $17,250)
12 Consider adoption of an ordinance accepting competatlve bids and awarding a contract
for Domestic Violence, Sexual Assault, CrlslS Intervention & Prevention Program,
providing for the expenditure of funds therefore, and provadlng for an effectave date
(Bid 2528 - Domestic Violence, Sexual Assault, Crisis Interventaon and Prevention
Program awarded to Demon County Friends of the Family m the amount of $36,000)
13 Consider adoption of an ordinance accepting competitive bids and awarding a contract
for Self-Sufficiency Program for Low-Income & Homeless Families, providing for the
expendature of funds therefore, and provldang for an effectave date (Bad 2529 - Self-
Sufficiency Program for Low-Income & Homeless Famalles awarded to Hope, Inc in the
amount of $30,000)
14 Consider adoption of an ordinance accepting competatlve bads and awarding a contract
for Congregate & Home Dehvared Meal Program for Senior Catazens, provadlng for the
expenditure of funds therefore, and provadang for an effectave date (Bid 2530A -
Congregate and Home Delivered Meal Program for Senior Catlzens awarded to SPAN
Inc in the amount of $29,000)
15 Consider adoption of an orchnance accepting compeUtlve bads and awarding two pubhc
works contracts for the constmctaon of pre-enganeered/prefabrlcated metal building,
provadlng for the expendature of funds therefore, and provadang an effective date (Bid
2561 - Metal Bmldang(s) and "T" Shed in the amount of $85,024)
16 Consider adoption of an ordinance provadang for the expendature of funds for an
emergency purchase of URD electric power cable m accordance wath provasaons of State
Law exempting such purchases from reqmrements of competltave blddang, and provadlng
an effectave date (PO 07933 - Temple, Inc an the amoum of $689,665 00)
17 Consader adoptaon of an ordanance authonzang the Caty Manager to execute a
Professaonal Services Agreement with Schnckel, Rolhns and Assocmtes, Inc to provade
for the Aquatm Center Concept Plan and Busaness Plan for the Caty of Denton Parks
Department as set forth m the contract, provadang for the expendature of funds therefore,
and providing an effective date (RFSP 2548 - Professaonal Servmes Agreement for
Aquatic Center Concept Plan and Business Plan awarded to Schnckel, Rolhns &
Associates, Inc in the amoum of$111,500)
18 Consider adoption of an ordinance of the Caty of Denton authorizing the Caty Manager or
has designee to execute a purchase order wath the Houston-Galveston Area Council of
Government (HGAC) for the acqmsltaon of a sewer flushang truck by way of an Interlocal
Agreement w~th the City of Denton, authonzang the expendature of funds therefore, and
providing an effective date (PO 07554 to HGAC/Underground Inc in the award of
$78,425 52)
19 Consider adoptaon of an ordinance accepting competitive bids and awarding a contract
for Janitorial Servmes, providing for the expenditure of funds therefore, and provadang an
City of D~nton City Council Agenda
September 26, 2000
Page 5
effective date (Bad 2552 - Janitorml Services awarded to One Source Facthty Services,
Inc ~n the amount of $294,431 00)
20 Consider adoption of an ordinance accepting compentIve bids and awarding a contract
for the purchase of a Biochemical Oxygen Demand (BOD) Workstation, providing for
the expenditure of funds therefore, and providing an effective date (Bad 2556 -
B~ochemieal Oxygen Demand System awarded to Labtromcs, Inc ~n the amount of
$28,529)
21 Consider adoption of an ordinance accepting competitive bids and awarding a contract
for the purchase of steel structures and equipment for Pockrus Substation, providing for
the expenditure of funds therefore, and providing an effective date (B~d 2559 - Pockrus
Stlbstation Steel Structure matenal and equipment awarded to Utihserve H~gh Voltage
C~oup ~n the amount of $88,498)
22 Consider adoption of an ordinance accepting competitive bads and awarding a contract
for the purchase of miscellaneous material for reconstruction of the Denton North to
North Lakes 69KV Transmission Line, providing for the expenditure of funds therefore,
and prowdmg an effective date (Bid 2566 - 138KV Pole Hardware and Crossarms in
the amount of $81,314)
23 Consider adoption of an ordinance approving the expenditure of funds for the annual
contract for the purchase of Zetag 7878 (formerly Percol 778), a product only available
from one source ~n accordance with prowsaons of State Law exempting such purchases
from reqmrements of compet~ttve b~ds, and prowd~ng an effective date (File 2568 -
awarded to Fort Bend Services, Inc at 1 36 per gallon - annual estimated usage as 25,000
gallons or $52,000)
24 Consider adoption of an ordinance approving the expenditure of funds for the purchase of
promotional commercial spot mmmes available from only one source ~n accordance with
the provisions of the State Law exempting such purchases from requirements of
competitive bidding, and prowd~ng an effective date (PO 07555 - Charter Media an the
amount of $36,608)
25 Consider adoption of an ordinance approving the expenditure of funds for the purchase of
portable and mobile 800 MHZ radios available from only one source in accordance with
th~ provisions of State Law exempting such purchases from requirements of competitive
b~ddmg, and providing an effective date (PO 07577 - Motorola in the amount of
$3~,988 95)
26 Consider adoptlon of an ordinance awarding a contract for the purchase of materials,
supplies or servmes (laptop computers) as awarded by the State of Texas General
Servmes Commission through the Qualified Information Servme Vendor (QISV)
Catalogue Program, providing for the expenditure of funds therefore, and providing an
effective date (PO 07562 to Mobile Dynamics Computers USA In the amount of
$49,568)
City of Denton C~ty Council Agenda
Septemb0r 26, 2000
Page 6
27 Consider adoption of an ordinance setting gmdehnes for operataon of the C~ty of Denton
Homebuyer Assistance Program and ehglbthty criteria for the 2000 grant year,
authorizing expenditures in excess of $15,000 for projects meeting program gmdehnes
and criteria, and providing an effective date
28 Consider adoption of an ordinance of the C~ty Council of the City of Denton, Texas,
approving the gmdehnes for the Rental Rehabthtatton Program and ehg~bthty criteria,
authorizing expenditures in excess of $15,000 for projects meeting the program
guldehnes and cnterm, and providing an effective date
29 Consider adoption of an ordinance of the City Council of the City of Denton, Texas,
approving gmdehnes for operation of the City of Denton Home Improvement and
Optional Reconstruction Programs and ehg~bthty criteria for the 2000 grant year,
authorizing expenditures in excess of $15,000 for projects meeting program guidelines
and criteria, and prowd~ng for an effective date
30 This item has been pulled from consideration
31 Consider adoption of an ordinance authorizing the Mayor to execute an Interlocal
Cooperation Agreement between the C~ty of Denton and Denton County for the
impoundment and disposition of dogs and cats and the collection of fees pursuant to the
prows~ons of said agreement, and providing an effective date
32 Consider adoption of an ordinance anthonzlng the Mayor to execute an Interlocal
Cooperation Agreement between the C~ty of Denton and the C~ty of Ponder, Texas, for
the Impoundment and d~sposltlon of dogs and cats and the collection of fees pursuant to
the provisions of smd agreement, and prow&ng for an effective date
33 Consider approval of a resolution by the City of Denton, Texas authorizing the C~ty
Manager to sign and submit an amendment to the 1995 Action Plan for Housing and
Community Development submitted in June 1995 to the U S Department of Housing and
Urban Development with approprmte certifications, as authorized and required by the
Housing and Commumty Development Act of 1974, as amended and the Affordable
Housing Act of 1990, as amended, and provld~ng an effective date
34 Consider approval of a resolution by the C~ty of Denton, Texas authorizing the City
Manager to s~gn and submit an amendment to the 1996 Action Plan for Housing and
Community Development submitted in June 1996 to the U S Department of Housing and
Urban Development w~th appropriate certfficatlons, as authorized and required by the
Housing and Community Development Act of 1974, as amended and the Affordable
Housing Act of 1990, as amended, and providing an effective date
35 Consider adoption of an ordinance of the City Council of the City of Denton, Texas
approwng an agreement between the C~ty of Denton and the Denton Affordable Housing
Corporation, providing for the terms of said contract, authorizing the C~ty Manager to
execute the agreement and to expend funds with respect to the agreement, and provlthng
for an effective date
City of Denton City Council Agenda
September 26, 2000
Page 7
36 Consider adoption of an ordinance authorizing the City Manager to execute a Water Mmn
Cost Partm~pat~on Agreement between the City of Denton and Denton Independent
School D~stnct for the C~ty's participation in the overs~z~ng of water mmns and ~n
accordance w~th the terms and eondmons of th~s ordinance, authorizing the expenditure
of funds therefore, and providing an effective date
37 Consider adoption of an ordinance authorizing the City Manager to execute a Sewer
Force Mmn and L~ft Station Cost Part~mpat~on Agreement between the C~ty of Denton
and Denton Independent School D~strlet for the C~ty's partm~pat~on in the overs~z~ng of
sewer force main and lift station and in accordance wah the terms and cond~uons of th~s
ordinance, authorizing the expenditure of funds therefore, and prowd~ng an effective
date
38 Consider adoption of an ordinance of the C~ty of Denton, Texas authorizing the C~ty
Manager to execute a Professional Services Agreement wath Emcon, a Texas corporation,
for engmeenng services pertalmng to construction management and testing servmes
dunng the construction phase to the expansion of C~ty of Denton landfill cells 2A and
2B, authorizing the expenditure of funds therefore, and prowd~ng an effective date
39 C0ns~der adoption of an ordinance of the C~ty of Denton, Texas authorizing the City
Manager to execute a Professional Servmes Agreement w~th Camp Dresser & McKee,
Inc for engmeenng services pertmmng to the final design of, the preparation of
engmeenng plans, specfficat~ons, and related b~d documents for, together w~th other
professional engmeenng services incident to the construction and expansion of the Pecan
Creek Water Reclamation Plant, authorizing the expenditure of funds therefore, and
prowdlng an effective date
40 C0ns~der adoption of an ordinance of the C~ty of Denton, Texas authorizing the C~ty
M~tnager to execute a Professional Servtces Agreement with Sh~mek, Jacobs & Fmklea,
L L P, for eng~neenng services perta~mng to the design of and the preparation of
construction plans and specfficat~ons for the C~ty of Denton 900 services level one
mflhon gallon elevated water storage tank, anthonz~ng the expenditure of funds
therefore, and prowd~ng an effective date
41 C~nslder adoption of an ordinance of the City of Denton, Texas authorizing the C~ty
Manager to execute a Professional Servmes Agreement w~th ADS Enwronmental
Setwmes, Inc, for engineering services pertmmng to a smoke-testing study of the Hmkory
Creek Sanitary Sewer Basin, authorizing the expenditure of funds therefore, and
providing an effective date
42 Consider adoption of an ordinance of the C~ty of Denton, Texas authorizing the C~ty
Manager to execute a Professional Services Agreement w~th ADS Enwronmental
Se3'vlces, Inc, for englneenng servmes pertmmng to the closed mrcmt television
~nspectlon of middle Pecan Sewer Basins PH and P J, authonmng the expenditure of
funds therefore, and providing an effective date
City of Denton City Council Agenda
Septemb4r 26, 2000
Page 8
43 Consider adoption of an ordinance authorizing the City Manager to execute a Personal
Services Agreement with Barbara T McCall Associates, Inc to provide eertmn
information and servmes with regard to legislation of interest to the City
44 Consider adoption of an ordinance of the City of Denton, Texas approving an agreement
between the City of Denton, Texas and Denton County Electric Cooperative, Inc, dba
CoServe Electric to provide electric service for city street lights in subdivisions that
CoServe provides electric service, authorizing the expenditure of funds therefore, and
providing an effective date
45 Consider approval of a resolution to approve certmn matters as required by section 147(f)
of the Internal Revenue Code in connection with the issuance of obhgatlons by the
Milford Higher Education Facilities Corporation for the benefit of Liberty Christian
Mamstrles, Inc, and providing an effective date
PUBLIC HEARINGS
46 Hold a public hearing Inviting citizens to comment on the proposed usage of the 1999
Local Law Enforcement Block Grant funding
47 Hold a public hearing and consider adoption of an ordinance approving a Detailed Plan
for Section A-3 of the Preserve at Pecan Creek in Planned Development (187) The 41 7
acre property is located on the south side of Pockrus Page Road west of Swisher Road
Residential development is proposed The Planning and Zoning Commission
recommends approval (6-0) w~th conditions (Z-O0-11, The Preserve at Pecan Creek
Section A- 3)
48 Continue a public hearing and consider adoption of an ordinance approving a Detailed
Plan for Section M of the Preserve at Pecan Creek The 14 76 acre property is located on
the east side of Lakevlew Boulevard approximately 2500 feet northeast of the Intersection
of Lakewood Boulevard and Swisher Road It is in the Planned Development 132 (PD-
132)zomngdlstnct Asmgle-famllysubdlwslonof62homeslsproposed ThePlannlng
and Zoning Comnnsslon recommends approval (6-0) (Z-O0-O12, The Preserve at Pecan
Creek -Sectton M)
49 Hold a public heanng and consider approving a Detailed Plan/Project Plan for a Planned
Development Dlstrmt 188 (PD-188) for Umvars~ty Courtyard The 18 2 acre properW Is
located at the southwest comer of Bonnie Brae and West Hickory Multlfamfly
development is proposed The Planmng and Zoning Commission recommends approval
(5-1) with conditions (Z-O0-O14, Untverstty Courtyard)
50 Hold the first of two public heanngs regarding a proposed voluntary annexation of an
approximately 37 8 acm tract of land located southeast of the comer of Teasley Lane and
Hlckory Creek Road in the extraterritorial jurisdiction of the City of Denton, Texas (A-
lO0, Forester TracO
City of Denton City CoBncll Agenda
September 26, 2000
Page 9
ITEMS FOR INDIVIDUAL CONSIDERATION
51 Consider approval of a resolut~un appointing members to the Board of Dlrccturs of thc
North Texas H~gher Education Authority, and declaring an effective date
52 Consider appointing a voting delegate and an alternate voting delegate to the National
League of C~tles Annual Congress of C~tles
53 Consider the appoxntment of two Deputy C~ty Secretaries
54 Consider nominations/appointments to the County Development District Board of
Directors
55 This item has been pulled from consideration
56 Consider adoption of an ordinance authorizing the City Manager to execute an agreement
for a grant w~th the Texas State Library and Archives Commission to prowde library
services to preschool children m day care centers, ratifying the actions of the City
Manager, D~rector of the Library, and other City officials in regard to the grant
apphcatlon, and providing an effective date
57 Consider adoption of an ordinance authorizing the City Manager to sign an agreement
part~ally releasing an easement granted to the City from a blanket easement previously
assigned to the C~ty of Denton from Brazos Electric Power Cooperative, and providing
an effective date
58 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City
Manager to execute an agreement for professional legal services with Lloyd, Gossehnk,
Blewns, Rochelle, Baldwin & Townsend, P C, for legal services regarding representation
of the City before the Pubhe Utlhtles Commission of Texas in Docket Numbers 22344
and 22350, in the areas of pubhc utility regulatory law and administrative law, respecting
the activities of Denton Mtm~clpal Electric, authurlzlng the expenthture of funds
therefore, prowdlng for retroactive effect of the agreement, and providing an effective
date
59 Consider and take action on a request for relief from the Residential Interim Regulations
Ordinance 2000-046 for a 12 2 acre parcel south of Longrldge, east of Teasley and west
of Lynhurst The property is in a Single Family Dwelling-10 (SF-10) zoning district
(RR-O0-O I 8, Longrtdge Estates)
60 Consider approval of a resolution of the City Council of the City of Denton, Texas urging
the Texas Municipal League to support the amendment of Texas State Law to provide for
funding under H R 701, the Conservation and Remvestment Act, CARA, pending federal
legislation
61 Consider nominations/appointments to the City's Boards and Commissions
City of Denton City Council Agenda
Septembe~ 26, 2000
Page 10
62 New Business
This item provides a section for Council Members to suggest items for future agendas
63 Items from the City Manager A Notffieatlon of upcoming meetings and/or conferences
B Clarification of items on the agenda
64 Possible continuation of Closed Meeting under Sections 551 071-551 086 of the Texas
Open Meetings Act
65 Official Action on Closed Meeting Item(s) under Sections 551 071-551 086 of the Texas
Open Meetings Act
Following completion of the Regular Meeting, the Council will convene into a Work Session to
consider the follovang
1 Receive a report, hold a discussion, and give staff direction regarding a tax abatement
request from Big D Properties, Inc for redevelopment of the Texas Instruments facility
Following completion of the Work Session, the Council will convene into a Spemal Session to
consider the following
1 Consider approval of a resolution of the City of Denton, Texas ealhng a public hearing to
consider estabhshlng a Relnvestment Zone III for Bid D Properties, Inc, ratifying prior
actions, and declaring an effective date
CERTIFICATE
I certify that the above notice of meetang was posted on the bulletin board at the City Hall of the
City of Denton, Texas, on the day of ,2000 o'clock
(am)(pm)
CITY SECRETARY
NOTE THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT THE CITY WILL PROVIDE
SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48
HOURS IN ADVANCE OF THE SCHEDULED MEETING PLEASE CALL THE CITY SECRETARY'S
OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY
CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETERCAN BE SCHEDULED
THROUGH THE CITY SECRETARY'S OFFICE
Agenda Addendum
City of Denton City Council Agenda
September 26, 2000
The following Agenda Addendum Items will be considered dunng the Regular Meeting
of the City of Denton City Council on Tuesday, September 26, 2000 at 6 00 p m in the
Council Chambers at City Hall, 215 E McK~nney Street, Denton, Texas
1 Consider adoption of an ordinance authorizing the City Manager to file an
apphcatton, execute a grant, and subsequent amendments with the US
Department of Transportation Federal Transit Administration for a grant
authorized by 49 U S C, Sectmn 5307, and providing an effective date
2 Consider adoption of an ordinance authorizing the C~ty Manger to make an
application with and then to execute a public transportation agreement and
subsequent amendments with the Texas Department of Transportation for funding
pubhe transportation, and providing an effective date
CERTIFICATE
I certify that the above notice of meeting was posted on the bulletin boarc~at th~ City, Hall
of the aqity of Denton, ,X~as, on the ~,~/-¢ day of
2000t1~'2 ~_3 o'clock (a m )~_~ ' '
~/ CITY SECRETARY
NOTE THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE 1N
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT THE CITY WILL
PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF
REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING
PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE
TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLiNG 1-800-RELAY-
TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE
CITY SECRETARY'S OFFICE
, CITY OF DENTON CITY COUNCIL MINUTES Agenda Item. r-~_ _
September 5, 2000 Date
Regular Meeting of the City of Denton City Council on Tuesday, September 5, 2000 at 6 00 p m
m the Cotmcfl Chambers at City Hall
PRESENT Mayor Brock, Mayor Pro Tern Beasley, Council Members Burroughs, Cochran,
Durrance, Knstoferson and Young
ABSENT None
1 Pledge of Allegmnee
The Council and members of the auchence remted the Pledge of Allegiance to the U S and Texas
flags
2 The Council considered approval of the minutes of August 8, August 9, August 14,
August 15, August 22, August 23, and August 29, 2000
Burroughs motioned, Durrance seconded to approve the minutes as presented On roll vote,
Beasley "aye", Burroughs "aye", Coehran "aye", Durrance "aye", Knstoferson "aye", Young
"aye", and Mayor Brock "aye" Motmn earned unammously
PROCLAMATIONS/PRESENTATIONS
3 Mayor Brock presented the September Yard of the Month Awards to
Bud and Janlce Stradley
Glenn and Joyce Hunt
Frenchy & Ten Rheanlt
Dawd and Lmda Ford
Dave and Kelly MeCay
Robert and Karen Krause
Denton Community Hospital
4 Mayor Brock presented the followmg proclamations A Herbert L Prouty Day
B Natmnal S~ckle Cell Awareness Month & Smkle Cell D~sease Awareness Day
NOISE EXCEPTION
5 The Council considered adoptmn of an ordmance of the City of Denton, Texas, grantmg,
pursuant to Seetmn 20-1(e)(2) of the Code of Ordmances of the C~ty of Denton, Texas an
exception to the hm~tatmns imposed by that section with respect to hours of operation of an
amphfiediloudspeakar system, and provlchng an effective date (Cowboys for Cod~ Rodeo)
Young ~otmned, Coehran seconded to approve the request On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor
Brock "aye" Motion earned unammously
C~ty of Denton City Counml M~nutes
Septembe~ 5, 2000
Page 2 --
CITIZEN REPORT
6 The Council received a report from Dess~e Goodson regarding pubhc transportation and
government records
Ms Good,on stated that the pubhc transportation system was not nmnmg on t~me and she was
arrested when she interfered w~th the dnver She had requested records from the C~ty Attorney's
Office and had been questmned as to what pubhc interest was served by her request
Mayor Brock asked Council to move Items #49-52 ahead ~n the agenda Consensus of the
Cotmcfl was to consider Items ~49-52 ahead ~n the agenda order
Council considered Item #49
49 The Council considered adoption of an ordinance adopting the budget of the City of
Denton, Texas, for the fiscal year begmmng October 1, 2000, and ending September 30, 2001,
and declanng an effective date
The following ordinance was considered
NO 2000-317
AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF DENTON, TEXAS,
FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2000, AND ENDING
SEPTEMBER 30, 2001, AND DECLARING AN EFFECTIVE DATE
Young mgtaoned, Burroughs seconded to adopt the ordinance On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Dunance "nay", Knstoferson "aye", Young "aye", and Mayor
Brock "aye" Motion earned w~th a 6-1 vote
50 The Cotmcfl considered adoption of an ordinance levying the ad valorem tax of the C~ty
of Denton, Texas, for the year 2000, on all taxable property w~th~n the corporate hmlts of the
C~ty on January 1, 2000, not exempt by law, providing revenues for payment of current
municipal expenses, and for interest and s~nkmg fund on outstanding City of Denton bonds,
prowdmg for hm~ted exemptmns of certmn homesteads, providing for enforcement of
collections, prowchng for a severabfl~ty clause, and prowd~ng an effective date
The following orchnance was consademd
NO 2000-318
AN ORDINANCE LEVYING THE AD VALOREM TAX OF THE CITY OF
DENTON, TEXAS, FOR THE YEAR 2000, ON ALL TAXABLE PROPERTY
W~THIN THE CORPORATE LIMITS OF THE CITY ON JANUARY 1, 2000, NOT
EXEMPT BY LAW, PROVIDING REVENUES FOR PAYMENT OF CURRENT
MUNICIPAL EXPENSES, AND FOR INTEREST AND SINKING FUND ON
OUTSTANDING CITY OF DENTON BONDS, PROVIDING FOR LIMITED
C~ty of D0nton Cxty Cotmml M~nutes
September 5, 2000
Page 3
EXEMPTIONS OF CERTAIN HOMESTEADS, PROVIDING FOR ENFORCEMENT
OF COLLECTIONS, PROVIDING FOR A SEVERABILITY CLAUSE, AND
PROVIDING AN EFFECTIVE DATE
Young motioned, Burroughs seconded to adopt the orchnance On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "nay", Knstoferson "aye", Young "aye", and Mayor
Brock "aye" Motion camed with a 6-1 vote
51 The Council considered adoption of an ordmance of the C~ty of Denton, Texas,
approwng, the 2000 tax rolls, and prowdmg an effective date
The followmg ordinance was considered
NO 2000-319
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING THE 2000
TAX ROLLS, AND PROVIDING AN EFFECTIVE DATE
Young motioned, Beasley seconded to adopt the ordinance On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durranee "nay", Knstoferson "aye", Young "aye", and Mayor
Brock "aye" Motion earned w~th a 6-1 vote
52 The Cotmml considered approval of a resolution adoptmg the Capital Improvement Plan
proposed by the Planmng and Zonmg Commission and the Public Utd~t~es Board, and providing
an effective date
The following resolution was considered
NO R2000-047
A RESOLUTION ADOPTING THE CAPITAL IMPROVEMENT PLAN PROPOSED
BY THE PLANNING AND ZONING COMMISSION AND THE PUBLIC UTILITIES
BOARD, AND PROVIDING AN EFFECTIVE DATE
Knstoferson motmned, Burroughs seconded to approve the resolution On roll vote, Beasley
"aye", Burroughs "aye", Cochran "aye", Durranee "aye", Knstoferson "aye", Young "aye", and
Mayor Brock "aye" Molaon earned unammously
Couned returned to the regular agenda order
CONSENT AGENDA
Council Member Burroughs requested that Items #14 and #18 be pulled for separate
conslderatxon
Council Member Cochran requested that Item #20 be pulled for separate cons~deratmn
C~ty of Donton C~ty Council M~nutes
September 5, 2000
Page 4
Knstoferson motioned, Young seconded to approve the Consent Agenda and the accompanying
ordinances and resolutions w~th the exception of Items #14, #18 and #20 On roll vote, B easley
"aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and
Mayor Brock "aye" Motion camed unammously
Burroughs motioned, Young seconded to approve Item #14 w~th the prows~on that the ordinance
be modfficd to apply only to motor vehicle acmdent responses w~th~n the Denton c~ty hm~ts
7 Approved a tax refund to Roy J Roy The 1999 tax was paid twice, resulting ~n an
overpayment
8 Approved a tax refund to Cleopas Angaye The 1999 tax was prod twine, resulting m an
overpayment
9 Approved a tax refund to T~tle Resources for Wayne & Beverly Beeler The 1999 tax
was prod twice, resultmg in an overpayment
10 NO 2000-275
AN ORDINANCE AUTHORIZING THE EXECUTION OF CHANGE ORDER 2 TO
THE CONTRACT FOR ACQUISITION, LICENSURE AND MAINTENANCE OF
COMPUTER, SOFTWARE AND SUPPORTING INFORMATION OF THE
CUSTOMER INFORMATION SYSTEM (CIS) BETWEEN THE CITY OF DENTON
AND HARRIS COMPUTER CORPORATION, PROVIDING FOR A CHANGE IN
THE CONTRACT AMOUNT, AND PROVIDING AN EFFECTIVE DATE (RFSP
2102 - CIS SOFTWARE AWARDED TO HARRIS COMPUTER CORPORATION -
CHANGE ORDER 2 IN THE AMOUNT OF $31,400)
11 NO 2000-276
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC
WORKS CONTRACT FOR THE CONSTRUCTION OF CORRECTIONS FOR
WESTERN PECAN AND COOPER CREEK, PROVIDING FOR THE EXPENDITURE
OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2531 -
INFLOW/INFILTRATION CORRECTIONS FOR WESTERN PECAN CREEK AND
COOPER CREEK AWARDED TO HENDERSON CONSTRUCTION, LLP IN THE
AMOUNT OF $683,930)
12 NO 2000-277
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC
WORKS CONTRACT FOR THE CONSTRUCTION OF US HIGHWAY 377 - 20-
INCH WATERLINE, PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2538 - US
HIGHWAY 377 - 20 INCH WATERLINE AWARDED TO DICKERSON
CONSTRUCTION CO, INC IN THE AMOUNT OF $974,392 50)
City of D0nton City Counml M~nutes
September 5, 2000
Page 5
13 Thls ~tem was pulled from consideration
14 NO 2000-278
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 11
"FIRE PREVENTION" OF THE DENTON CODE OF ORDINANCES TO PROVIDE
FOR THE COLLECTION OF FEES AND COST RECOVERY FROM NON-
RESIDENTS OF THE CITY OF DENTON FOR FIRE PREVENTION AND
PI~OTECTION SERVICES AND OTHER PUBLIC SAFETY AND EMERGENCY
SERVICES RENDERED BY THE CITY OF DENTON, PROVIDING A
SEVERABILITY CLAUSE, AND PROVIDiNG AN EFFECTIVE DATE
15 NO 2000-279
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR NON-RESIDENT FIRE SERVICE BILLiNG, PROVIDiNG FOR
THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDiNG AN EFFECTIVE
DATE (BID 2544 - NON-RESIDENT FIRE SERVICE BILLiNG AWARDED TO
FIRE,INC)
16 NO 2000-280
AN ORDiNANCE AMENDING ORDINANCE NO 2000-141 BY CANCELiNG THE
AWARD OF BID 2480 TO PATRICK BROTHERS PAiNTiNG CONTRACTORS
)~)q IN LIEU THEREOF AWARD THE PUBLIC WORKS CONTRACT FOR THE
P TING OF FUEL TANKS AT THE MUNICIPAL POWER PLANT, BID 2547 TO
A-fi.GAPE CONTRACTING INC iN THE AMOUNT OF $74,369, AND PROVIDiNG
AN EFFECTIVE DATE (BID 2547 - PAINTING OF FUEL TANKS, GENERATOR
HOUSING AND TRANSFORMERS AWARDED TO A-AGAPE CONTRACTiNG
INC IN THE AMOUNT OF $74,369)
17 NO 2000-281
AN ORDINANCE ACCEPTiNG COMPETITIVE BIDS AND AWARDiNG A
CONTRACT FOR THE PURCHASE OF A THERMOPLASTIC APPLICATOR AND
PREMELTER, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE,
AND PROVIDING AN EFFECTIVE DATE (BID 2549 - THERMOPLASTIC
APPLICATOR AND PREMELTER AWARDED TO CENTERLINE SUPPLY IN THE
TOTAL AMOUNT OF $28,000)
19 NO 2000-283
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDiNG AN
ANNUAL CONTRACT FOR MULTIPURPOSE PAPER, PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE, AND PROVIDiNG AN EFFECTIVE
DATE (BID 2553 - MULTIPURPOSE PAPER AWARDED TO XEROX
CORPORATION iN THE ANNUAL ESTIMATED AMOUNT OF $60,850)
C~ty of Donton C~ty Council M~nutes
September 5, 2000
Page 6
21 NO 2000-285
AN ORDINANCE APPROVING A THIRD AMENDMENT TO AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE GREATER DENTON ARTS
COUNCIL DATED OCTOBER 15, 1990, AUTHORIZING THE CITY MANAGER,
OR HIS DESIGNEE TO EXECUTE AN AGREEMENT APPROVING THE
EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE
DATE
22 NO 2000-286
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL LEGAL
SERVICES WITH THE LAW OFFICES OF ERICH BiRCH, P C, FOR LEGAL
SERVICES PERTAINING TO REPRESENTATION OF THE CITY BEFORE THE
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION, IN THE AREAS
OF PUBLIC UTILITY REGULATORY LAW AND ADMINISTRATIVE LAW,
RESPECTING THE ACTIVITIES OF DENTON MUNICIPAL ELECTRIC,
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, PROVIDING FOR
RETROACTIVE EFFECT OF THE AGREEMENT, AND PROVIDING AN
EFFECTIVE DATE
23 NO 2000-287
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL LEGAL
SERVICES WITH LLOYD, GOSSELINK, BLEVINS, ROCHELLE, BALDWIN &
TOWNSEND, P C, FOR LEGAL SERVICES PERTAINING TO REPRESENTATION
OF THE CITY BEFORE THE PUBLIC UTILITIES COMMISSION OF TEXAS, IN
THE AREAS OF PUBLIC UTILITY REGULATORY LAW AND ADMINISTRATIVE
LAW, RESPECTING THE ACTIVITIES OF DENTON MUNICIPAL ELECTRIC,
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, PROVIDING FOR
RETROACTIVE EFFECT OF THE AGREEMENT, AND PROVIDING AN
EFFECTIVE DATE
24 NO 2000-288
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A THIRD AMENDMENT TO THE PROFESSIONAL
SERVICES AGREEMENT FOR CONSULTING SERVICES PREVIOUSLY
ENTERED INTO BY THE CITY AND R J COVINGTON CONSULTING ON
JANUARY 5, 1999, AND AS PREVIOUSLY AMENDED BY FIRST AMENDMENT
THERETO ON JUNE 1, 1999, AND AS PREVIOUSLY AMENDED BY SECOND
AMENDMENT THERETO ON OCTOBER 19, 1999, AND AS AMENDED FOR A
TI~IIRD TIME BY ADDING TASK ORDER NO 00-B THERETO, WHICH THIRD
AMENDMENT PROVIDES FOR ADDITIONAL ELECTRIC iNDUSTRY
PROFESSIONAL CONSULTING SERVICES RELATING TO RESTRUCTURrNG
IMPLEMENTATION, TO BE PERFORMED FOR DENTON MUNICIPAL
C~ty of De~ton Clty Council Minutes
September 5, 2000
Page 7
ELECTRIC, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND
PROVIDING AN EFFECTIVE DATE
25 NO 2000-289
AN ORDINANCE APPROVING THE RENEWAL OF A CONTRACT FOR HEALTH
INSURANCE ORIGINALLY AWARDED PURSUANT TO ORDINANCE NO 99-376
TO AETNA U S HEALTHCARE, WITH THE RENEWAL FOR THE YEAR 2001
BEING IN THE ESTIMATED AMOUNT OF $4,183,822, AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE
DATE
26 NO R2000-048
A RESOLUTION OF THE CITY COUNCIL OF DENTON, TEXAS, APPROVING
THE ASSIGNMENT BY NEBRIG & ASSOCIATES, INC OF A COMMERCIAL
OPERATOR LEASE EXECUTED SEPTEMBER 24, 1996 TO NEBRIG PROPERTIES,
L P, AND PROVIDING AN EFFECTIVE DATE
27 NO 2000-291
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH ALLIANCE AREA SURVEYING CORPORATION
FOR LAND SURVEY SERVICES FOR ELECTRIC UTILITIES, AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE
DATE
28 NO 2000-292
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH JOHN G HIRSCHY OF JOHN G HIRSCHY &
ASSOCIATES OF DALLAS TO PROVIDE REAL PROPERTY APPRAISAL
SERVICES FOR THE WEST ELECTRIC TRANSMISSION LINE AND STATION
PROJECT, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND
PROVIDING AN EFFECTIVE DATE
29 NO 2000-293
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH SURVEYORS AND ENGINEERS OF NORTH
TEXAS, INC DBA SENTCORP FOR LAND SURVEY SERVICES FOR RAY
ROBERTS WATER LINE PROJECT, AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE
City of Donton City Couned M~nutes
September 5, 2000
Page 8
(Items 30-38 are Items that support the proposed 2000-2001 budget and have been
prewously considered in budget work sessions)
30 NO 2000-294
AN ORDINANCE AMENDING THE SCHEDULE OF WATER RATES CONTAINED
1N ORDINANCE NO 99-295 FOR WATER SERVICE AND WATER RATES
RELATED TO WATER CONSERVATION AND DROUGHT CONTINGENCY
PLANNING CONTAINED IN ORDINANCE NO 2000-006, AMENDING THE
WHOLESALE RAW WATER SERVICE TO THE UPPER TRINITY REGIONAL
WATER DISTRICT RATE (WRW), AMENDING THE WHOLESALE TREATED
WATER SERVICE TO UPPER TRINITY REGIONAL WATER DISTRICT RATE
(WW2), DELETING THE INTRAGOVERNMENTAL SALES OF FINISHED WATER
RATE (WG), AND ADDING THOSE CUSTOMERS TO THE COMMERCIAL /
INDUSTRIAL WATER SERVICE RATE (WC), DELETING THE LOCAL
GOVERNMENT SPRINKLER IRRIGATION RATE (WGI), AND ADDING THOSE
CUSTOMERS TO THE COMMERCIAL / INDUSTRIAL WATER SERVICE RATE
(WC), ADDING WATER CONSERVATION AND DROUGHT CONTINGENCY
PLAN RATES TO RESIDENTIAL WATER SERVICE RATE (WR) AND TO
COMMERCIAL / INDUSTRIAL WATER SERVICE RATE (WC), ADDING
MISCELLANEOUS FEES, PROVIDING FOR A REPEALER, PROVIDING FOR A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE
31 NO 2000-295
AN ORDINANCE AMENDING THE SCHEDULE OF WASTEWATER RATES
CONTAINED IN ORDINANCE NO 99-296 FOR WASTEWATER SERVICE,
DELETING THE INTRAGOVERNMENTAL WASTEWATER SERVICE RATE (SG)
AND ADDING THOSE CUSTOMERS TO THE COMMERCIAL AND INDUSTRIAL
WASTEWATER SERVICE RATE (SC), REASSIGNING CHARGES FOR
UNCONTAMINATED GRASS, LEAVES, AND BRUSH, AS WELL AS WHOLE
TREES AND STUMPS BROUGHT TO THE LANDFILL, FROM THE SOLID WASTE
RATE ORDINANCE TO THE WASTEWATER RATE ORDINANCE, PROVIDING
FOR A REPEALER, PROVIDING FOR A SEVERABILITY CLAUSE, AND
PROVIDING FOR AN EFFECTIVE DATE
32 NO 2000-296
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR THE
SCHEDULE OF MISCELLANEOUS FEES, DEPOSITS, BILLINGS AND
PROCEDURES FOR ADMINISTRATIVE SERVICES TO CITY CUSTOMERS AND
TAXPAYERS CONTAINED IN ORDINANCE NO 99-298, AMENDING THE
INSUFFICIENT FUND CHECK HANDLING CHARGE, AMENDING THE
ELECTRIC AND WATER RECONNECTION FEE IN ORDER TO PROVIDE FOR
WATER METERS, PROVIDING FOR A REPEALER, PROVIDING FOR A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE
City of Denton City Cotmcfl Minutes
September 5, 2000
Page 9
33 NO 2000-297
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE
SCHEDULE OF RATES FOR SOLID WASTE SERVICE CONTAINED IN
ORDINANCE NUMBERS 99-294, 2000-042, AND 2000-043, AS AUTHORIZED BY
CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON,
TEXAS, PROVIDING THAT THE PROVISIONS OF SECTIONS 26-3, 26-4, 26-5, 26-
7, 26-8(A), AND 26-9 OF THE CODE OF ORDINANCES OF THE CITY OF
DENTON, TEXAS SHALL EXPRESSLY APPLY TO CITY OF DENTON SOLID
WASTE SERVICE, AMENDING THE CHARGES AND SCHEDULES FOR
RESIDENTIAL SOLID WASTE COLLECTION SERVICE, RESIDENTIAL SERVICE
DI3POSIT, COMMERCIAL AND INSTITUTIONAL SOLID WASTE COLLECTION
SERVICE, MINIMUM MONTHLY COMMERCIAL CHARGE, SAME DAY
COMMERCIAL SERVICE CHARGE, AND APPLIANCE PICKUP CHARGE,
AMENDING THE SANITARY LANDFILL USE CHARGES AND SCHEDULE BY
ESTABLISHING SANITARY LANDFILL USE CHARGES BY TONNAGE,
REASSIGNING CHARGES FOR DISPOSAL OF UNCONTAMINATED LEAVES,
GRASS, AND BRUSH BROUGHT TO THE LANDFILL TO THE WASTEWATER
DEPARTMENT, REASSIGNING CHARGES FOR THE DEPOSIT OF WHOLE
TREES AND STUMPS BROUGHT TO THE LANDFILL TO THE WASTEWATER
DEPARTMENT, ADDING A SANITARY LANDFILL USE CHARGE FOR THE
DEPOSIT OF RECYCLED ASPHALT AND CONCRETE, AMENDING TIRE
CHARGES, PROVIDING FOR A REPEALER, PROVIDING FOR A SEVERABILITY
CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE
34 NO 2000-298
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE
SCHEDULE OF RATES CONTAINED IN ORDINANCE NO 99-297 FOR ELECTRIC
SERVICE, PROVIDING FOR A REPEALER, PROVIDING FOR A SEVERABILITY
CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE
35 NO 2000~299
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR THE
PAYMENT OF AN ADMINISTRATIVE FEE TO THE CITY FOR REVIEW OF
TRAFFIC IMPACT ANALYSES REQUIRED BY CITY ORDINANCE OR AS MAY
BE REQUIRED AS A PART OF ZONING APPROVAL, AND PROVIDING FOR AN
EFFECTIVE DATE
36 NO 2000-300
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR THE
PAYMENT OF AN ADMINISTRATIVE PUBLIC WORKS INSPECTION FEE TO
THE CITY FOR INSPECTION SERVICES PROVIDED BY THE CITY FOR PUBLIC
IMPROVEMENTS CONSTRUCTED BY DEVELOPERS RELATED TO PRIVATE
DEVELOPMENT, AND PROVIDING FOR AN EFFECTIVE DATE
City of Denton City Cotmcll Minutes
September 5, 2000
Page 10
37 NO 2000-301
AN ORDINANCE APPROVING THE CALENDAR YEAR 2001 (CY2001) BUDGETS
FOR THE USE OF HOTEL TAX REVENUE BY THE GREATER DENTON ARTS
COUNCIL AND THE NORTH TEXAS STATE FAIR, AND PROVIDING AN
EFFECTIVE DATE
38 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE FOLLOWING HOTEL
OCCUPANCY TAX FUND RECIPIENTS FOR THE PAYMENT AND USE OF
HOTEL TAX REVENUE AND PROVIDING AN EFFECTIVE DATE
A Denton Holiday Festival NO 2000-302
B Denton Commumty Theatre NO 2000-303
C Denton Festival Foundation NO 2000-304
D Tejas Storytelhng Association NO 2000-305
E Denton Black Chamber of Commeree NO 2000-306
F Denton County Courthouse-On-The-Square Museum NO 2000-307
G Kawams NO 2000-308
H Bayless-Selby House Museum NO 2000-309
I Denton Chamber of Commerce (Convention & Visitors Bureau) NO 2000-310
PUBLIC BEARINGS
39 The Council continued a public heanng and considered approving a Detmled Plan for a
Planned Development (PD-174) zomng district The 378 1 acre property was generally located
south of Johnson Lane, between John Prone Road and Fort Worth Drive A single-family
subdivision with open spaces was proposed The Planning and Zoning Commission
recommended approval (4-1) (Z-99-100, Country Lakes North)
Doug Powell, Director of Planmng and Development, presented the details of the proposed
development as noted in the agenda materials The previous issues of connectivity had been
resolved w~th the submittal of an amended detmled plan showing four accesses to the
development
The Mayor opened the public heanng
The following Individuals spoke dunng the public heanng
Frank Murphy- favor
Quentin Bumett, 300 Oregon Trml, Argyle, 76226 - concern regarding school sites
Carter Low, 409 Santa Fe Trml, Argyle, 76226- opposition
Paul Hayden, 302 Chisholm Trml, Argyle, 76226 - opposition
Doug Roblson, 418 Old Justin Road, Argyle, 76226 - opposition
Barry Knight, 5400 Renaissance Tower, Dallas, - favor
City of Denton City Councd Minutes
September 5.2000
Page 11
The following speaker card was submitted
ScOtt Devine. 312 Oregon Trail. Argyle. 76226 - opposition
Beasley motioned. Knstoferson seconded to close the pubhc heanng and postpone consideration
of the proposal until an agreement was worked out w~th the Argyle ISD and the developer or
until an imPasSe was indicated by one of the part, es The ~tem would be placed as an Item for
Ind~wdual[Conslderat~on when scheduled for an agenda An ~mpasse was defined as no hope for
agreement.
Council Member Cochran called the question to close the public heanng On roll vote. Beasley
"aye". Burroughs "aye". Cochran "aye". Durrance "aye". Knstoferson "aye". Young "nay". and
Mayor Brock "aye" Motion camed with a 6-1 vote
On roll vote on the motion. Beasley "aye". Burroughs "aye". Cochran "aye". Durrance "aye".
Knstofers0n "aye". Young "nay". and Mayor Bmck "aye" Motion camed with a 6-1 vote
40 The Council held a pubhc heanng and considered adoption of an ordinance approving a
Dettuled Plan for Section M of the Preserve at Pecan Creek The 14 76-acre property ~s located
on the east s~de of Lakevlew Boulevard approximately 2500 feet northeast of the intersection of
Lakewood Boulevard and Swisher Road It was in the Planned Development 132 (PD-132)
zomng d~$tnct A s~ngle-famlly subdivision of 62 homes was proposed The Planmng and
Zomng Commission recommended approval (6-0) (Z-O0-O12. The Preserve - Sectmn M)
Doug Powell. D~rector of Planmng and Development. stated that a letter had been received from
the petitioner requesting a postponement of consideration of the ~tem untd the September 26th
agenda
Mayor Brock asked for a consensus from the Council to open the pubhc heanng and continue it
to the September 26th Cotmml meeting On roll vote. Beasley "aye". Burroughs "aye". Cochran
"aye". Durrance "aye". Knstoferson "aye". Young "aye". and Mayor Brock "aye" Motion carried
unammou~ly
41 Tlle Council held a public heanng and considered adoption of an ordinance approving a
Zomng Plan for Umversaty Courtyard The request was to rezone approximately 18 2 acres from
Commercial (C) zomng district and Multiple Family Dwelhng District-1 (MF-1) zomng dmtnct
to Planned Development (PD) zomng chstnct The property was located at the southwest comer
of Bonme Brae Street and West Hickory Street A multi family development was proposed The
Planmng ,and Zomng Commission recommended approval (5-1) (ZP-O0-010. University
Courtyard)
Doug Powell. D~rector of Planning and Development. stated that the proposal was to rezone the
property to a planned development to develop 13 2 un~ts per tm~t not to exceed 240 units total
umts The applicant was proposing to have a 10-foot front yard setback instead of the typical 25
feet and 800 off-street parking spaces instead the required 885 spaces The Planmng and Zomng
Commlssmn recommended approval with the standard hghtmg condition
The Mayor opened the public hearing
City of Denton City Council Minutes
September 5, 2000
Page 12
The following individuals spoke dunng the public heanng
JeffMyles, 16800 Dallas Parkway, Dallas - favor
Matt Marshall, Ambling Development Company - favor
The Mayor closed the public heanng
The following ordinance was considered
NO 2000-311
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM COMMERCIAL (C) AND MULTIPLE FAMILY
DWELLING DISTRICT - 1 (MF-1) ZONING DISTRICT CLASSIFICATIONS AND
USE DESIGNATIONS TO PLANNED DEVELOPMENT WITH CONDITIONS
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR
APPROXIMATELY 18 2 ACRES OF LAND LOCATED AT THE SOUTHWEST
CORNER OF HICKORY AND BONNIE BRAE STREET, PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS
THEREOF, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN
EFFECTIVE DATE (ZP-00-010(
Young motioned, Burroughs seconded to adopt the ordinance with the conditions recommended
by the Planmng and Zomng Commxssxon and a 20% open space requirement On roll vote,
Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "nay", Knstoferson "aye", Young
"aye", and Mayor Brock "aye" Motion carried with a 6-1 vote
ITEMS FOR INDIVIDUAL CONSIDERATION
Item #18 was considered
18 NO 2000-282
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF 138KV CIRCUIT BREAKERS, PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN
EFFECTIVE DATE (BID 2551 - 138KV CIRCUIT BREAKERS AWARDED TO
SIEMENS POWER TRANSMISSION AND DISTRIBUTION, INC IN THE AMOUNT
OF $219,500)
Burroughs motioned, Young seconded to adopt the ordinance with the condition that the
orchnance reflect two units in the total amount of $109, 500 On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Krlstoferson "aye", Young "aye", and Mayor
Brock "aye" Motion earned unanimously
C~ty of Denton City Council Minutes
September 5, 2000
Page 13
Item #20
20 NO 2000-284
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF AN
AUTOMATED CITY WATCH COMMUNITY NOTIFICATION
INBOX/OUTBOUND SYSTEM AS APPROVED BY THE STATE OF TEXAS
GENERAL SERVICES COMMISSION THROUGH A QUALIFIED INFORMATION
SERVICES VENDOR (QISV) CATALOGUE, PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE
DATE (PO 07118 - AVTEX, INC IN THE AMOUNT OF $46,376)
Cochran motioned, Burroughs seconded to adopt the ordinance On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor
Brock "aye" Motaon earned unammously
42 The Council considered approval of a resolutmn voting for a member to the Board of
Managers of the Denco Area 9-1-1 D~stnct, and declanng an effective date
The following resolutxon was considered
NO R2000-045
A RESOLUTION VOTING FOR A MEMBER TO THE BOARD OF MANAGERS OF
THE DENCO AREA 9-1-1 DISTRICT, AND DECLARING AN EFFECTIVE DATE
Young motioned, Burroughs seconded to approve the resolution On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor
Brock "aye" Motion camed unammously
43 The Counml considered adoption of an ordinance approwng a real estate contract
between the City of Denton and New Hope Mlss~onary Baptmt Church, relating to the purchase
of approximately 0 038 acre and 0 0036 acre of land being located ~n the Nathan Wade Survey,
Abstract No 1407 of Denton County, Texas for the US Highway 77 ProJect, w~th t~tle vesting ~n
the State of Texas, authorizing the expenditure of funds therefor, and providing an effective date
The following ordinance was considered
NO 2000-312
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE
CITY OF DENTON AND NEW HOPE MISSIONARY BAPTIST CHURCH,
RELATING TO THE PURCHASE OF APPROXIMATELY 0 038 ACRE AND 0 0036
ACRE OF LAND BEING LOCATED IN THE NATHAN WADE SURVEY,
ABSTRACT NO 1407 OF DENTON COUNTY, TEXAS FOR THE US HIGHWAY 77
PROJECT, WITH TITLE VESTING IN THE STATE OF TEXAS, AUTHORIZING
THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE
DATE
City of Denton City Counml Minutes
September 5, 2000
Page 14
Burroughs motioned, Young seconded to adopt the ordinance On roll vote, Beasley "aye",
BurroughsI "aye", Cochran "aye", Durranee "aye", Knstoferson "aye", Young "aye", and Mayor
Brock "aye" Motion earned unammously
44 The Council considered adoption of an ordinance approving a real estate contract
between t~ae City of Denton and Barbara L Gafley, relating to the purchase of approximately
0 101 acre of land and being located in the NH Melsenhelmer Survey, Abstract No 810 of
Denton COunty, Texas for the US Highway 77 ProJect, with title vesting in the State of Texas,
authorizing the expenditure of funds therefore, and providing an effective date
The following orchnance was considered
NO 2000-313
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE
CITY OF DENTON AND BARBARA L GAILEY, RELATING TO THE PURCHASE
OF APPROXIMATELY 0 101 ACRE OF LAND AND BEING LOCATED IN THE
N H MEISENHEIMER SURVEY, ABSTRACT NO 810 OF DENTON COUNTY,
TEXAS FOR THE US HIGHWAY 77 PROJECT, WITH TITLE VESTING IN THE
STATE OF TEXAS, AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFORE, AND PROVIDING AN EFFECTIVE DATE
Coehran motioned, Young seconded to adopt the ordinance On roll vote, Beasley "aye",
Burroughs "aye", Coehran "aye", Durranee "aye", Knstoferson "aye", Young "aye", and Mayor
Brock "aye" Morton camed unammously
45 The Council considered adoption of an ordinance approving a real estate contract
between the City of Denton and KDRC II Limited Parmershlp, relating to the purchase of
approximately 0 4221 acres of land located m the T Toby Survey, Abstract No 1288, for use as
a water storage tank expansion site, authorizing the expenditure of funds therefore, and
providing lan effective date
The following ordinance was considered
NO 2000-314
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE
CITY OF DENTON AND KDRC II LIMITED PARTNERSHIP, RELATING TO THE
P!-41RCHASE OF APPROXIMATELY 0 4221 ACRES OF LAND LOCATED IN THE
T 'TOBY SURVEY, ABSTRACT NO 1288, FOR USE AS A WATER STORAGE
TANK EXPANSION SITE, AUTHORIZING THE EXPENDITURE OF FUNDS
TIfEREFORE, AND PROVIDING AN EFFECTIVE DATE
Cochran motioned, Young seconded to adopt the ordinances for Items #45 anad #46 On roll
vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young
"aye", and Mayor Brock "aye" Motion earned unammously
City of Denton City Council Minutes
September 5, 2000
Page 15
46 NO 2000-315
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE
CITY OF DENTON AND LOCUST/288 PARTNERS LTD, RELATING TO THE
PURCHASE OF APPROXIMATELY 3 98 ACRES OF LAND LOCATED IN THE T
TOBY SURVEY, ABSTRACT NO 1288, FOR USE AS A WATER STORAGE TANK
EXPANSION SITE, AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFORE, AND PROVIDING AN EFFECTIVE DATE
47 The Council considered adoption of an ordinance of the City of Denton, Texas
anthonzmg the City Manager to execute a first amendment to the Professional Services
Agreement dated January 5, 1999, by and between the City and Namgant Consulting, Inc, for
further consulting sennces pertmnlng to electric restmctunng matters and the possible divestiture
of the City's electric generation assets, authorizing the expenditure of funds therefore, prowd~ng
for retroactave effect of the amendment to the agreement, and providing an effective date
The following ordinance was considered
NO 2000-316
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A FIRST AMENDMENT TO THE PROFESSIONAL
SERVICES AGREEMENT DATED JANUARY 5, 1999, BY AND BETWEEN THE
CITY AND NAVIGANT CONSULTING, INC, FOR FURTHER CONSULTING
SERVICES PERTAINING TO ELECTRIC RESTRUCTURING MATTERS AND THE
POSSIBLE DIVESTITURE OF THE CITY'S ELECTRIC GENERATION ASSETS,
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, PROVIDING FOR
RETROACTIVE EFFECT OF THE AMENDMENT TO THE AGREEMENT, AND
PROVIDING AN EFFECTIVE DATE
Cochran motioned, Knstoferson seconded to adopt the ordinance On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "nay", and Mayor
Brock "aye" Morion camed Wlth a 6-1 vote
48 The Council considered approval of a resolution authorizing the City Manager to execute
~mpact fee incentive grant agreements w~th the Habitat for Humanity of Denton and the Denton
Affordable Housing Corporation Inc, and w~th future applicants who meet program guidelines,
adopting new program guldehnes to provide for single family equivalent impact fee incentive
grants to pay water and wastewater impact fees for single family affordable housing residential
units, extending and reauthonzmg the ~mpaet fee incentive grant program for affordable housing,
and prowdmg an effective date
The following resolutmn was considered
NO R2000-046
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE IMPACT
FEE INCENTIVE GRANT AGREEMENTS WITH THE HABITAT FOR HUMANITY
C~ty of Denton C~ty Cotmcd M~nutes
September 5, 2000
Page 16
OF DENTON AND THE DENTON AFFORDABLE HOUSING CORPORATION INC,
AND WITH FUTURE APPLICANTS WHO MEET PROGRAM GUIDELINES,
ADOPTiNG NEW PROGRAM GUIDELINES TO PROVIDE FOR SINGLE FAMILY
EQUIVALENT IMPACT FEE iNCENTIVE GRANTS TO PAY WATER AND
WASTEWATER IMPACT FEES FOR SINGLE FAMILY AFFORDABLE HOUSING
RESIDENTIAL UNITS, EXTENDING AND REAUTHORIZING THE IMPACT FEE
INCENTIVE GRANT PROGRAM FOR AFFORDABLE HOUSING, AND
PROVIDiNG AN EFFECTIVE DATE
Young motmned, Cochran seconded to approve the resolutmn On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor
Brock "aye" Morton carried unanimously
53 The Council considered nomlnatmns/appo~ntments to the C~ty's Boards and
Commissions
Councd Member Cochran nominated Pack Dugan to the A~rport Adwsory Board
Cochran motioned, Young seconded to suspend the roles and vote on the nomination at th~s
meeting On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye",
Kr~stoferson"aye", Young "aye", and Mayor Brock "aye" Motmn camed unammously
On roll vote on the nounnatmn, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye",
Krlstoferson"aye", Young "aye", and Mayor Brock "aye' Motion carned unammously
54 New Bus~ness
The following items of New Bus~ness were suggested by Councd for future agendas
A, Council Member Knstoferson requested quarterly tracking of planmng and
populatmn forecasts and have mulmfamfly done by the bedroom rather than the
umt
B Councd Member Young requested a proclamation for Troy LaGrone for all h~s
years of community service
C Councd Member Burroughs requested a 12 month perspective on what was
developed ~n the last 12 months dlwded by densities
Councd Member Cochran requested a recons~deratmn of the m~nutes of August 23rd meeting
Cochran motioned, Burroughs seconded to reconsider approval of the m~nutes of August 23,
2000 On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson
"aye", Young "aye", and Mayor Brock "aye" Motion camed unammously
Cochran motmned, Young seconded to add to the m~nutes of August 23, 2000 h~s statement to
~nclude future jmnt meetings w~th the County and DISD to dascuss school dxsclphnary pohmes
and Student Resource Officers On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye",
Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion camed
unammously
C~ty of Denton C~ty Cotme~l M~nutes
Septembe~ 5, 2000
Page 17
55 Items from the City Manager
City Manager Jez did not have any items for the Councd
56 There was no continuation of Closed Meeting under Sections 551 071-551 086 of the
Texas Open Meetings Act
57 There was no official action on Closed Meeting Item(s) under Sections 551 071-551 086
of the Texas Open Meetings Act
Following, the completion of the Regular Meeting, the Councd convened into a Work Session to
consider the following
1 The Council received a report, held a discussion, and gave staff d~rectlon regarding a
draft Annexataon and Consent Agreement proposed for the estabhshment of a County
Development D~stnct for the "Arena ProJect," an approximate 254-acre tract located west of
Sherman Drive (FM 428), approximately 3,600 feet north of Loop 288 ~n the extraterntonal
jurisdiction of the City of Denton
Llnda Rathff, D~rector of Economic Development, stated that at the June 27th Council meeting,
Council d~rected staff to work w~th the developers of tins proposal to draft a contract Major
~ssues included annexation - contract covenant binding future property owners to an annexation
agreement and reduce the number of resldent~al lots to 99 or less, project design - contract
development would comply with the development regulatuons in effect at the t~me of
developm9nt, utilities - would be extended at the developer's cost and would have to contract
w~th the Elty for all services, contract for fire and pohce protection with the C~ty, transportation -
no specffic ~mprovements at tins point m time but rather wmt until the time of zoning or platting
for a complete p~cture of what the project would be, traffic impact study revised and
improvements (hscussed to Haghway 428, ownership by the County Development Dmtnct - ~f
the CDD owned any of the property ~t would be a hotel that would be tax exempt If the CDD
did own any property ~t would make payments in heu of taxes in equal amount as though ~t were
taxable The property would not be annexed for the first five years The sales tax revenues
would increase from a quarter cent to a half cent to accelerate payment of the debt Hotel-motel
tax would be dedicated to the retirement of the debt and the contract ~ndmated that it would be
only applied to the first issuance of bonds Options for Council to consider were to keep the
contract as is or make changes ~n the terms, reject the agreement dec,de on whether to place the
annexation on the September 12th agenda or dechne to place the annexation ordinance on an
agenda
Consensus of the Council was to proceed with both ~tems on the September 12th agenda
2 The Council received a preltmmary assessment, held a d~scusslon, and gave direction to
staff w~thl regard to the proposed annexation of an approximately 37 8 acre tract of land located
southeast of the comer of Teasley Lane and Hickory Creek Road (A-lO0, Forester TracO
City of DeNton City Cotmcfl Minutes
September 5, 2000
Page 18
Doug Powell, Director of Planmng and Development, stated that this s~te was currently
surrounded by City property Staff recommendataon was to proceed with annexation of the
property
Consensus of the Council was to proceed w~th the annexation
W~th no further business, the meeting was adjourned at 11 00 p m
EULINE BROCK, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
Agendalte
AGENDA INFORMATION SHEET Date ~"/~,/Z~
AGENDA DATE September 26, 2000
DEPARTMENT City Manager's Office
CM' M~chael W Jez, City Manager, 349-830
SUBJECT
Cons]der adopt]on of an ordinance of the C~ty of Denton, Texas, granting, pursuant to
Sect]on 20-1 (c)(2) of the Code of Ordinances of the City of Denton, Texas an except]on
to the hm~tat]ons imposed by that sect]on with respect to hours of operation of an
amphfied loudspeaker system, and providing an effective date (City o£ Denton
Employee P~cmc)
BACKGROUND
The City of Denton Annual Employee Pmmc Committee has requested that the City
Councd grant an except]on to the no]se ordinance for the annual employee plcmc The
City has granted an except]on for the City of Denton Annual Employee Picnic the past
several years Held at Civic Center Park, the events requmng an except]on to the no]se
ordinance are traditionally planned for one Sunday afternoon in September or October
The events trad]tmnally included a band and activities for chddren and adults The 3-
year except]on will cover the 2000, 2001, and 2002 Employee P]cmcs
This year's activities are scheduled for Sunday, October 8th from 11 30 a m to 2 00 p m,
and wlll take place ~n Civic Center Park The main source of the noise will come from
the use of amphfied sound for the hve music and announcements over the loudspeaker
As you know, the nmse ordinance declares loudspeakers, amphfiers, and musical
instruments a no]se nmsance, partmularly after 10 00 p m Monday through Saturday and
anytime on Sunday (Attachment 3) The orthnance does, however, provide that the City
Council may make exceptions when the pubhc interest is served
The organizers have been informed that should Councd approve this request, responsible
use of the amphfied sound is still reqmred by Sect]on 20-1 of the City of Denton Code of
Ordinances In particular, Section 20-1 (a) states
It shall be unlawful for any person to make or cause any unreasonably loud,
disturbing, unnecessary no]se which causes or may cause mater]al distress,
discomfort or injury to persons of ordinary sens]b]ht]es in the immediate
vmlmty thereof
C~ty o~f Denton
Emplgyee Pmme
September 26, 2000
Page 2 I
Optloas
1 Ordinance can be approved
Grant an one year Noise Exception
3 Noise Exception can be demed
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
For the past several years, the City of Denton has granted permission to hold the
Employee Picnic
FISCAL INFORMATION
None
Respectfqlly Submitted
Betty ~qflhams
D~rector, Management and Pubhc
Information
Prepared by
~tchell
Management Asmstant
Attachments 1 Request from Employee Pmmc Committee 2 Map
3 No~se ordinance
4. Proposed Ordinance
2
215 E. McKmney, Denton, TX 76201 Telephone (940) 349-8307
CITY OF DENTON, TEXAS
Office of the City Manager
September 11, 2000
Mayor and Members of the C~ty Cotmcfl
215 E McK~nney
Denton, TX, 76201
Dear Mayor and Members of the C~ty Council,
This year's C~ty of Denton Employee Pmnlc is Sunday, October 8, 2000, at C~vic Center
Park from 11 30 a m to 2 00 p m The pmmc g~ves c~ty employees and their famlhes the
opporttm~ty to socmhze and have fun Th~s year's event agmn will be full of activities,
entertmnment, and food
The Employee P~emc Committee would hke to request an Exception to the Nmse
Ordinance for Sunday, October 8, 2000, from I 1 00 am to 2 00 p m A hve band will
prowde the primary source of amplified sound
Sincerely, .
Rodney M~tchell
Management Assistant
3 "Ded,cated to Qual, tg Serv,ce"
' ~ Chapter 20
NUISANCES*
Art. I In General, §9 20.1--20-30
Art. II. Abandoned Property, 99 20.31--20-70
Div 1 Generally, 99 20-31--20-40
Div 2 Motor Vehicles, 9§ 20-41--20-70
Art. III. Grass and Weeds, 99 20.71--20-73
ARTICLE I. IN GENERAL
Sec 20-1. Noise.
(a) It shall be unlawful for any person to make or cause any unreasonably loud,
disturbing, unnecessary noise which causes or may cause material distress, discomfort or
injury to persons of ordinary sensibilities in the immediate vicinity thereof
(b) It shall be unlawful for any person to make or cause any noise of such character,
intensity and continued duration as to substantially mtorfere with the comfortable enjoyment
of private homes by persons of ordinary sensibilities
(c) The following acts, among oth'ers, are declared to be noise nuisances m violation of this
Code, but such enumeration shall not be deemed to be exclusive
(1) The playing of any phonograph, television, radio or any musical instrument in such
manner or with such volume, particularly between the hours of 10 00 p m and 7 00
a m, as to annoy or disturb tho quiet, comfort or repose of persons of ordinary
sensibilities in any dwelling, hotel or other type or residence,
(2) The use of any stationary loudspeaker, amplifier or musical instrument in such
manner or with such volume as to annoy or disturb persons of ordinary sensibilities
in the Immediate vicinity thereof, particularly between the hours of 10 00 p m and
7 00 a m, or the operation of such loudspeaker, amplifier or musical instrument at
any time on Sunday, provided, however, that the city council may make exceptions
upon application when the public interest will be served thereby,
(3) The blowing of any steam whistle attached to any stationary boiler or the blowing of
any other loud or far-roaching steam whistle within tho city limits, except to gtve
notice of the time to begin or stop work or as a warning of danger,
(4) Tho erection, excavation, demolition, alteration, or repair work on any building at
anytime other than between the hours of 6'00 a m and 8 30 p m Monday through
Friday from June I to September 30; between 7 00 am. and 8.30 p m Monday
through Friday from October 1 to May 31, between 8 00 a m and 8 30 p m on
*Cross references-Protected migratory bird roosts declared nuisance, 9 6-87, mspec-
tlon and abatement warrants, 9 19-86 et seq, insect and rodent control in mobile home and
recreational vehicle parks, 9 32-91
1389
Supp No 6
DI~Id'I'ON
§
' SnLur(I,y; nltd beLweeH 1 00 I~ m, ~ml O 301) m m~ ~umln~, I~rovided, however thnL the
clLy coqmcll tony tneoo npecl~d I~erml[e [or ~uch work saL ,Lher houre I~t cone u[ urg¢ttL
(G) 'lho crenLto~ br m.y loud n,d exceeeivo HoJ8o i~l cmmecLimJ with the h)n(li~q~ er
mih.mli,fi or m~y vehicle or Lho ul)e,d,K or deeirucLioll or bides, boxes, er,Lee or
CUltLt~iller8;
(G) 'i'he u.e ,r n,y drum. iol~d81)ooILer or othor h~sLrumellL or device rLr Lhe l)urpo9o or
. Lite crellLioii (Jr llotoeg Lo IiI1~ perrorlmmce. 6110w. Lheohe.
iiLLincLL ~ uLLellLiun b~
m()Lm~ I)icLuro h(pLme. 8olo or I,erchn,(llee or d~,ldOy whJd~ c~tugeg crowd9 (Jr I.e(q)le Lo
hlock (Jr cmtfiregoLe ~pml Lho 61dewfllk8 or 8Lreete i~eor or ndjflLe,L thei
(f~le 1966, ~q 14 20, 14 21; Ord N, 96-liPl, ~ I, 9 12 95)
(Ia.ss ~ efereHe~imul I~Ol~o. ~ O 26
S \Our Documents\Ordmanees\00\c~ty of denton employee pmmc 2000 3-yr exp doc
ORDINANCE NO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PURSUANT TO SECTION 20~
1(c)(2) OF THE CODE OF ORDNANCES OF THE CITY OF DENTON, TEXAS, GRANTING
AN I~XCI~PTION TO THE LIMITATIONS IMPOSED BY THAT SECTION WITH RESPECT
TO ~IOURS OF OPERATION OF AN AMPLIFIED LOUDSPEAKER SYSTEM, AND
PRO[VIDING AN EFFECTIVE DATE
WHEREAS, pursuant to Section 20-1(c)(2) of the Code, the City of Denton has made
application to the City Council for an exception to the provision of that same section restricting
the c~peratlon of amplified loudspeakers after 10 00 p m, in connection with the City Employee
Plcnlc held at 326 Withers Street, Civic Center Park, and in connection with smd request, has
requested the exception to be granted on an ongoing basis for smd armual event at smd location
for o~e day dunng the month of September or October of each year, and
WHEREAS, upon prior application and approval by the C~ty Council of the City of
Den~ on, Texas, the City of Denton has consistently demonstrated over the past three years an
ab~h .y to responsibly operate ampl,fied loudspeakers ~n connection w~th C,ty of Denton
Eml2 loyee Plcmc annual event held at 326 W,thers Street, Civic Center Park, at t~mes past the
horn; defined m §20-1(c)(2) of the Code, within the pubhc interest and without materially
dlstr rbmg persons of ordinary sens~bdltles ~n the muned~ate vlmmty thereof, and
WHEREAS, based upon th~s past tustory, the C~ty Council of the C~ty of Demon, Texas
find~ that granting an exceptmn for this annual event on an ongoing bas~s for a three-year period,
subj,;ct to the restrictions contmned herein, would serve the pubhc interest, NOW,
TH]~ REFORE,
TH~ COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~,ECTION 1 That pursuant to §20-1(c)(2) of the Code of Ordinances the C~ty of Denton ~s
here>y granted an exception to th~s section's 10 00 pm hm~tat~on upon the operation of
amp ~ed loudspeakers, subject to the conditions hsted below
This exception ~s granted only m connection w~th the operation of the C~ty of Denton
Employee Picnic 326 W~thers Street, C~wc Center Park, one day dunng the month of
September or October of each year
The City of Denton agrees to take full responslb~hty for ensunng that the conditions of
this exception are met, and to take all reasonable measures necessary to avoid disturbing
persons of ordinary senslbd~t, es m the ~mmed~ate wmmty of the event
The C~ty of Denton agrees to cease using amplified loudspeakers at 12 00 m~dmght
Monday through Thursday, 1 00 a m Friday and Saturday and 11 00 p m on Sunday
S \Our Documents\Ordmances\00\clty of denton employee p~cmc 2000 3-yr exp doc
4 Under no circumstances shall the annual event employ the use of amplified loudspeakers
between the hours of 1 00 a m and 7 00 a m
5 Thls ordinance confers no personal or property nghts, and may be amended, modified,
superseded or revoked in whole or in part at the will of the City Council of the City of
Denton, Texas, without any advance warning, heanng or compensation, for any reason at
all, or for no reason
6 This ordinance shall be smctly construed as an exception granted pursuant to §20-1(c)(2)
of the Code of Ordinances of the City of Denton, Texas The City of Denton, Texas
expressly reserves unto itself and all other persons any and all legal remedies, civil or
criminal, relating to excessive noise in connection with this annual event, and hereby dis-
claims any promissory or equitable estoppel winch might in any way impede the pursuit
of such remedies by any person
SECTION 2 That this ordinance shall become effective immediately upon its passage and
approval, and expire three years hence, unless sooner repealed, modified or rescinded
PASSED AND APPROVED tlus the __ day of ,2000
EULINEBROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
8
Agenda No
AGENDA INFORMATION SHEET Agenda Item
Date
AGENDA DATE: September 26, 2000 Questlons~conce~nmg
acquisition may be directed
DEPARTMENT: Materials Management to Barbara Ross 349-7235
ACM' Kathy DuBose, Fiscal and Municipal Services ~
SUBJECT.
An Ordinance accepting competitive bids and awarding a contract for Service Coordination
Program for Emergency Financial Aid, providing for the expenditure of funds therefore, and
providing for an effective date (Bid 2523 - Service Coordination Program for Emergency
Financial Aid, awarded to HelpNET of the Greater Denton Area, in the amount of $22,$00)
BID INFORMATION:
The Service Coordination Program for Emergency Financial Assistance will provide service
coordination for extremely low to moderate-income families seeking emergency financial
services as well as servlce coordination among human services agencies providing emergency
financial assistance
Service provided include
· Provide service coordination and/or referrals to all Denton residents who meet income
requirements and have a need for available emergency financial services
· Provide operation hours from 8 00 a m to 5 00 p m Monday through Friday
· Provide a client trackang system to all City of Denton funded emergency financial
services agencies seel~ng to be part of the network The trackang system will provide
basic chent reformation, service history on qualifying clients, and information on exisung
~sOurces
· Provide a full-time caseworker to provide case coordination and/or case management to
clients meeting eligibility criteria
· Provide a monthly informational meeting where agencies may network and share
information that will enhance the provision of human service
RECOMI~NDATION:
We recommend this be awarded to the sole bidder, HelpNet of the Greater Denton Area, in the
amount of $22,500
PRINCIPLE PLACE OF BUSINESS:
HelpNet of the Greater Denton Area
Denton, TX
Agenda Information Sheet
September 26, 2000
Page 2
ESTIMATED SCHEDULE OF PROJECT
Th~s agreement shall commence upon approval and terminate on September 30, 2001, unless
sooner terminated in accordance with Section III "Suspension or Termination"
FISCAL ~NFORMATION'
CDBG funds have been appropriated for th~s program account (100-051-051 M-8965)
Respectfully submitted
Tom Shaw, C P M, 349-7100
Purchasing Agent
Attachment 1 Tabulation Sheet
1432 AGENDA
ATTACHMENT 1
TABULATION SHEET
B~d # ~523 Date 7/11/00
SERVICE COORDINATION PROGRAM FOR EMERGENCY
FINANCIAL ASSISTANCE
DE,SCRIP?iON VENDOR
' ' - '~?~% ' ~ HelpNET
Pnnc~ple Place of Bue~ness Denton, TX
TOTAL BASE BID $22,500 00
ORDINANCE NO
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
SERVICE COORDINATION PROGRAM FOR EMERGENCY FINANCIAL AID, PROVIDING
FOR THEIEXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE
DATE (BID 2523 - SERVICE COORDINATION PROGRAM FOR EMERGENCY FINANCIAL
AID, AWARDED TO HELPNET OF THE GREATER DENTON AREA, IN THE AMOUNT OF
$22,500)
WHEREAS, the City has sohe~ted, received and tabulated compeutwe bgis for the purchase of
necessary materials, eqmpment, supphes or services in accordance with the procedures of STATE law
and City ordinances, and
WHEREAS, the City Manager or a designated employee has renewed and reco,m~ended that
the hereto described bgts are the lowest responsible bids for the mater~al% eqmpment, supphes or
services as shown ua the "B~d Proposals" subrmtted therefore, and
WHEREAS, the C~ty Councd has prowded tn the CRy Budget for the approprmt~on of funds
to be used for the purchase of the materials, eqmpment, supphes or services approved and accepted
hereto, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the following competitive bids for materials, equipment, supphes, or
sennces, described m the "Bid Proposals" on file in the office of CRy's Purehesmg Agent filed
accordm~Ito the hid number assq~ned hereto, are hereby accepted and approved as being the lowest
responsible bids for such ~tems
BID ITEM
NUMBER NO CONTRACTOR AMOUNT
2523 ALL HelpNet of the Greater Denton Area $22,500
SECTION II That the acceptance and approval of the above competitive bids, the City
accepts the offer of the persons submitting the bids for such ~tems and agrees to purchase the
matermls,,eqmpment, supphes or servw, es m accordance voth the terms, speen'icatlons, standards,
quantities,and for the specrfied sums contained m the B~d Inwtatlons, BId Proposals, and related
documents
SF~CTION III That the City and persons subnuttmg approved and accepted items and ofthe
submatted b~ds rash to enter into a formal written agreement as a result of the acceptance, approval,
and awarding of the bids, the CRY Manager or Ins designated representative ~s hereby anthonzed to
execute tile written contracts which shall be attached hereto, prowded that the written contract ~s m
accordance w~th the terms, conditions, specuqcat~ons, standards, quantities and spectfied sums
contained m the Bid Proposal and related documents hereto approved and accepted
SECTION IV That by thc acceptance and approval ofthe above competitive b~ds, the C~ty
Councd hereby authorizes the expendtture of funds therefor m the amount and m accordance w~th the
approved bids or pursuant to a written contract made pursuant thereto as authonzed hereto
SECTION V That this ordinance shall become effective nnmechately upon its passage and
approval.
PASSED AND APPROVED flus the . . day of ,2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
25230 SERVICE COORDINATION PROGRAM FOR EMERGENCY FINANCIAL AID ORDINANCE
2000-2001 SERVICE AGREEMENT BETWEEN THE
CITY OF DENTON, TEXAS AND
HELPNET OF THE GREATER DENTON AREA
CONTRACT FOR BID #2523
Ttus Agreement IS hereby entered ~nto by and between the City of Denton, Texas, a
Home Rule Mumcipal Corporation, horeinafier referred to as "City", and HelpNET of the Greater
Denton Area, a non-profit corporation, P O Box 1607, Denton, TX 76202 hermnafter referred to
as "Orgamzat~on",
WHEREAS, City's Human Services Committee ("HSC") has reviewed the proposal for
services and has determined that OrgamzatIon performs an ~mportant serwee for the residents of
Denton without regard to race, religion, color, age or national ong~n, and HSC recommends the
purchase of serwees, and
WHEREAS, C~ty has determmed that the proposal for serwees merits assistance and can
provide needed serwces to citizens of City and has provided funds in ~ts budget for the purpose of
paying for contractual serwees,
NOW, THEREFORE, the partaes hereto mutually agree as follows
1
SCOPE OF SERVICES
Orgamzatlon shall m a satisfactory and proper manner perform the following tasks, for winch
the momes provided by Clty may be used
A Mmntam a computer database of client assistance to assist service providers m determlmng
unmet needs of lnrhvadual clients and how existing services can best meet those needs
B Prowde a forum for anter-aganey eommumeat~on and pertinent topics to social service
agencies through monthly meetings of agency representatives
C Prowde a computer based service coordination system that can be accessed via computer
modem or by telephone
D Provide a central appheatlon point for providers of emergency financial assistance so that
md~wduals seelang these services may call a central number, provide relevant ~ntake
reformation, and make arrangements for a appointment wtth the appropriate senaee provider
E, Coordmate Christmas assistance and Back to School programs for local service prowders
F Provide a full time social worker to assist chents w~th service coordination and to assist
clients with accessing needed services in the COIlTIllunlty
Page 1 of 18
Orgamzat~on shall perform those services described m the Work Statement hereto attached as
Exl~b~t A and incorporated heroin by reference
2
OBLIGATIONS OF ORGANIZATION
In consideration of the receipt of funds from City, Orgamzatton agrees to the following terms
and conditions
A Twenty two thousand five hundred ($22,500 00) Dollars may be prod to Organization by
C~ty, and the only expenrhmres reimbursed from these funds, shall be those ~n accordance
w~th the project budget, attached hereto as Exhibit B and ~ncorporated hereto by reference,
for those expenses hstod m the scope of services as prowded hereto Organization shall not
utihze these funds for any other purpose
B The Orgamzatton will estabhsh, operate, and mtuntam an account system for th~s program
that will allow for a tracing of funds and a rewew of the finanmal status of the program
C Tho Orgamzat~on will permit authorized officmls of C~ty to review ~ts books at any t~me
D The Orgamzat~on will reduce to writing all of ~ts roles, regulations, and pohc~es and file a
copy with City's Commumty Development Office along w~th any amendments, additions, or
rewslons whenever adopted
E The Orgamzat~on w~ll not enter rote any contracts that would encumber C~ty funds for a
period that would extend beyond the term ofth~s Agreement
F The Orgamzation wall promptly pay all bills when submitted unless there ~s a d~screpancy m
a bill, any errors or d~screpanmes m bills shall be promptly reported to C~ty's Executive
D~rector of Finance, or her authorized representative, for further direction
G The Orgamzat~on will appoint a representative who will be avmlable to meet w~th Cxty's
Executive D~rector of Finance and other C~ty officmls when requested
H The Orgamzatton will mdenm~fy and hold harmless C~ty from any and all claums and stats
arising out of the act~vtt~es of Orgamzat~on, ~ts employees, and/or contractors
I The Orgamzat~on wall subnut to City cop~es of year-end audited financial statements
3,
TIME OF PERFORMANCE
The services funded by C~ty shall be undertaken and completed by Organization w~th~n the
following ttme fxame
Page 2 of 18
Ootober 1, 2000 through September 30, 2001, unless the contract is sooner terminated under
Section 7 "Suspension or Termmat~on"
4.
COMPLIANCE WITIt FEDERAL, STATE and LOCAL LAWS
A Orgamzat~on shall comply w~th all appl,cable federal laws, laws of the State of Texas and
ordinances of the C~ty of Denton
5.
REPRESENTATIONS
A Organization assures and guarantees that ~t possesses the legal anthonty, pursuant to any
proper, appropriate and offimal motion, resolution or action passed or taken, to enter rote
this Agreement
B The person or persons s, grung and executing flus Agreement on behalf of Organization,
do hereby warrant and guarantee that he, she, or they have been fully anthonzed by
Orgamzat~on to execute ttus Agreement on behalf of Organization and to validly and
legally brad Organxzatton to all terms, performances and prowslons herein set forth
C Ctty shall have the right, at ~ts option, to e~ther temporarily suspend or permanently
term,nate flus Agreement ~f there ~s a dispute as to the legal anthonty of e~ther
Orgamzatton or the person sagumg the Agreement to enter ~nto thas Agreement
Orgamzatlon ,s liable to C~ty for any money it has recmved from City for performance of
the prowslons of tlus Agreement if C~ty has suspended or terminated th~s Agreement for
the reasons enumerated ~n th~s Section
D Organization agrees that the funds and resources provided Orgamzat~on under the terms
of flus Agreement will m no way be substituted for funds and resources from other
sources, nor m any way serve to reduce the resources, services, or other benefits which
would have been avtulable to, or prowded through, Organization had th~s Agreement not
been executed
6
COVENANTS
A Dtmng the period of time that payment may be made hereunder and so long as any
payments remain unhquldated, Organlzatxon shall not, without the prior written consent
of the Community Development '~ ' tmstrator or her authorized representative
(1) Mortgage, pledge, or otherw.~e enctunber or suffer to be encumbered, any of the
assets of Orgamzatxon now owned or hereafter acqmred by ~t, or permit any pre-
ex~stmg mortgages, hens, or other encumbrances to remmn on, or attached to, any
assets of Orgamzatlon winch are allocated to the performance of flus Agreement
and w~th respect to whmh C~ty has ownership hereunder
Page 3 of 18
(2) Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes or
clmms for money due or to become due
(3) Sell, convey, or lease all or substantial part of its assets
(4) Make any advance or loan to, or incur any liability for any other finn, person,
entity or corporation as guarantor, surety, or accommodation endorser
($) Sell, donate, loan or transfer any equipment or item of personal property
purchased with funds prod to Organization by City, unless City authorizes such
transfer
B Should Organization use funds received under tins Agreement to acquire or improve real
property under Orgamzatlon's control, Organization agrees and covenants
(1) That the property shall be used to meet one of the national objectives stated ~n 24
CFR 570 until August 31, 2006
(2) That should Orgamzatlon transfer or otherwise dispose of smd property on or
before August 31, 2006, Orgamzat~on shall reimburse C~ty an the amount of the
fmr market value of th~s property less any portion of the value attributable to
expanchtures of non-CDBG funds for acquisition of, or improvement to, the
property
C Orgamzat~on agrees, upon written request by City, to reqmre ~ts employees to attend
trmmng sessions sponsored by the Commumty Development Office
Page 4 of 18
7
PAYMENTS
A PAYMENTS TO ORGANIZATION City shall pay to Orgamzatlon a maxmaum amount of money
not to exceed Twenty Two Thousand Five Hundred ($22,500 00) Dollars for services
rendered under this Agreement City will pay these funds on a reimbursement basis to
Organization within twenty days after City has received supporting documentation
Orgamzataon's fmlure to request reimbursement on a timely basis, may j eopard~ze present or
future funding
B EXcEss PAYMENT Organlzalaon shall refund to City within ten (10) working days of City's
request, any sum of money which has been paid by City and which City at any time
thereafter determines
(1) has resulted m overpayment to Orgamzatlon, or
(2) has not been spent strictly in accordance with the terms of this Agreement, or
(3) is not supported by adequate documentation to fully justify the expenditure
C Orgamzatlon's remabursement request for any one month period will not exceed one-fifth
(1/5) of any budgeted line items for costs as specified in Exhibit B
D DEOBLIGATION OF FUNDS/REVERSION OF ASSETS In the event that actual
expenditures deviate from Orgamzat~on's provlslon ora correspondmg level of performance,
as specified in Exhibit A, C~ty hereby reserves the right to reappropnate or recapture any
suoh under expended funds If City finds that Organization is unwllhng and/or unable to
comply with any of the terms of this Contract, City may reqmre a refund of any and all
money expected pursuant to th~s contract by Organization, as well as any remalmng
unexpended funds, wbaeh shall be refunded to City within ten working days of a written
request to orgamzatlon to revert these financial assets The reversion of these financial assets
shall be in addition to any other remedy available to City either at law or in equity for breach
of this enntraet
E CONTRACT CLOSE OUT Orgamzatlon shall submit the contract close out package to City,
together w~th a final expenchture report, for the time period covered by the last Invoice
requesting reimbursement of funds under this Agreement, within fifteen (15) working days
following the close of the enntract period Orgamzatlon shall utilize the form agreed upon by
City and Orgamzatlon
8
MAINTENANCE OF RECORDS
A Organlzatmn agrees to maintain records that will provide accurate, current, separate, and
Page 5 of 18
complete disclosure of the status of the funds received under this Agreement, in
eomphanee w~th the provisions of Exhibit B, attached hereto, and with any other
appheable Federal and State regulations astabhshmg standards for financial management
Orgamzation's record system shall contain sufficient documentation to provide in dettul
full support and justification for each expenditure Nothing m this Section shall be
construed to reheve Orgamzatlon of fiscal accountability and hablhty under any other
provision oftlus Agreement or any applicable law Orgamzatlon shall include the
substance of this provision m all subcontracts
B Orgamzatlon agrees to retain all books, records, documents, reports, and written
accountmg proeeduras pertalmng to the operation of programs and expenditures of funds
under flus Agreement for five years and under the conditions specified by City
C Nothing in the above subsections shall be construed to reheve Organization of
responsibility for retaunng accurate and current records that clearly reflect the level and
benefit of serwees provided under flus Agreement
D At any reasonable tune and as often as City may deem necessary, the Organization shall
make available to City, HUD, or any of their authorized representatives, all of its records
and shall permit City, HUD, or any of their authorized representatives to audit, examine,
make excerpts and copies of such records, and to conduct audits of all contracts, invoices,
materials, payrolls, records of personnel, conditions or employment and all other data
requested by smd representatives
9
REPORTS AND INFORMATION
At such times and m such form as City may require, Orgamzatlon shall furnish such
statements, records, data and information as City may request and deem pertinent to matters
covered by this Agreement
Organization shall submit quarterly beneficiary and financial reports to City no less than
once each three months The beneficiary report shall detail client information, including race,
income, female head of household and other statistics required by City The financial report shall
include information and data relative to all programmatic and financial reporting as of the
beginning date specified in Section 1 of flus Agreement
Unlass the City has granted a written exemption, Organization shall submit an audit
conducted by independent examiners w~th ten days after receipt of such
10
EVALUATION
Orgamzatlon agrees to participate m an implementation and maintenance system whereby the
services can be continuously momtored Organization agrees to make available its financial records
Page 6 of 18
for review by City at City's discretion In addition, Organization agrees to provide City the
following ,data and reports, or copies thereof
A All external or internal authts Orgamzatlon shall submit a copy of the annual independent
audit to City w~thm ten (10) days of reeelpt
B All external or internal evaluatmn reports
C Quarterly performance/beneficiary reports to be submitted in January, April, July and
September, to mclude the following data number of persons served, number of households
served, race, meome, female head of household, disabilities and other information if
re~luested by City Organization will provide the above information on beneficiary report
form prowded by City
D Orgamzatlon agrees to submit quarterly financial statements in January, April, July, and
September Each statement shall melude current and year-to-date period accounting of all
revenues, expendxtures, outstanchng obhgat~ons and begiumng and ending balances
E An explanation of any major changes in program services
F To comply with flus section, Organization agrees to mamtmn records that will provide
accurate, current, separate, and complete disclosure of the status of funds received and the
serwees performed under tins Agreement Orgamzatlon's record system shall contain
sufficient documentation to provide in detail full support and justification for each
expanthture Organization agrees to retmn all books, records, documents, reports, and
wnttan aeeountmg procedures pertaining to the services provided and expenditure of funds
under flus Agreement for five years
G Notlung in the above subsections shall be construed to reheve Organization ofresponsibihty
for retaunng accurate and current records, which clearly reflect the level and benefit of
services prowded under th~s Agreement
ll
DIRECTORS' MEETINGS
Dunng the term of this Agreement, Organization shall deliver to City copies of all notuces of
meetmgs of its Board of Directors, se~ng forth the time and place thereof Such notice shall be
delivered to City in a timely manner to give adequate notice, and shall include an agenda and a brief
description of the matters to be (hscussed Orgamzatlon understands and agrees that City's
representatives shall be afforded access to all meetings of its Board of Directors
Minutes of all meetings of Orgamzation's governing body shall be avmlable to City within
ten (10) working days of approval
Page 7 of 18
12.
SUSPENSION OR TERMINATION
A The Clty may ternunate tins Agreement for cause if the Orgamzatlon violates any covenants,
agreements, or guarantees of this Agreement, the Organization's insolvency or filing of
bankruptcy, dissolution, or recelversinp, or the Organization's violation of any law or
regulation to winch it is bound under the terms of tins Agreement The City may terminate
this Agreement for other reasons not specifically enumerated in this paragraph
B The City may terminate this Agreement for convenience at any time If the City terminates
this Agreement for ennvemenee, Orgamzatlon will be pa~d an amount not to exceed the total
amount of accrued expenchtures as of the effective date of termination In no event will flus
compensation exceed an amount, winch bears the same ratio to the total compensation as the
services actually performed bears to the total services of Organization covered by the
Agreement, less payments previously made
In case of suspension, City shall advise Organlzatlon, in writing, as to conditions precedent
to the resumptmn of funding and specify a reasonable date for eomphance
In case of termination, Organization will remit to City any unexpended City funds
Acceptance of these funds shall not constitute a waiver of any claim City may otherwise have
arising out of tins Agreement
13
PERSONNEL POLICIES
Personnel policies shall be established by Orgamzatlon and shall be available for
examination Such personnel pohcles shall
A Be no more liberal than City's personnel policies, procedures, and practices, including
policies with respect to employment, salary and wage rates, working hours and holidays,
fnnge benefits, vacation and sick leave privileges, and travel, and
B Be in writing and shall be approved by the governing body of Organization and by City
14.
EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS
A gamzatlon will submit for Clty approval, a written plan for compliance with the Equal
~mployment and Affirmative Action Federal provisions, within one hundred twenty (120)
days of the effective date of flus Agreement
B Organization shall comply with all appheable equal employment opportumty and affirmative
a~tlon laws or regulations
Page 8 of 18
C O~gamzataon wall furmsh all mformat~on and reports requested by Caty, and wall permit
access to 1ts books, records, and accounts for purposes of lnvestlgataon to ascertaan
eomphance wath local, State and Federal rules and regulations
D In the event ofOrganazat~on's non-eomphanee wath the non-d~scnm~nat~on reqturements, the
Agreement may be canceled, terminated, or suspended an whole or in part, and Orgamzat~on
may be barred from further contracts with City
Page 9 of 18
15
WARRANTIES
ORGANIZATION represents and warrants that
A All mformat~on, reports and data heretofore or hereafter requested by City and furnished to
City, are complete and accurate as of the date shown on the information, data, or report, and,
since that date, have not undergone any significant change without written notice to City
B Any supporting financial statements heretofore requested by City and furnished to City, are
complete, accurate and fairly reflect the financial conditions of Orgamzatlon on the date
shown on smd report, and the results of the operation for the period covered by the report,
and that since smd date, there has been no material change, adverse or otherwise, in the
financial condition of Organization
C No htagnt~on or legal proceethngs are presently pending or threatened agtunst Organization
D None of the provisions hereto contravene or are in conflict with the authority under winch
Organization is doing business or with the promslons of any existing indenture or agreement
of Organization
E Orgamzation has the power to enter into this Agreement and accept payments hereunder, and
has taken all necessary action to authorize such acceptance under the terms and conchtlons of
this Agreement
F None of the assets of Organization are subject to any lien or encumbrance of any character,
except for current taxes not dehnquent, except as shown in the financial statements furmshed
by Organization to City
Each of these representations and warranties shall be contlnmng and shall be deemed to have
been repeated by the submission of each request for payment
16
CHANGES AND AMENDMENTS
A Any alterations, addtt~ons, or deletions to the terms of this Agreement shall be by written
amendment executed by both parties, except when the terms of tlus Agreement expres~l
provide that another method shall be used
B Organization may not make transfers between or among approved line items within budget
categories set forth in Exinb~t B without prior written approval of the Commumty
Development Administrator for the City Orgamzatlon shall request, in writing, the budget
rewslon in a form prescribed by City, and such request for revision shall not increase the
Page 10 of 18
total monetary obhgataon of City under tins Agreement In addition, budget revisions cannot
slgmficantly change the nature, intent, or scope of the program funded under tlus Agreement
C Orgamzataon will submit revised budget and program information, whenever the level of
ftmdmg for Organization or the program(s) described hereto is altered accorthng to the total
levels contained in any portion of Exhibit B
D It is understood and agreed by the parties hereto that changes in the State, Federal or local
laws or regulations pursuant hereto may occur dunng the term of this Agreement Any such
modifications are to be automat.eally incorporated Into this Agreement w~thout written
amendment hereto, and shall become a part of the Agreement on the effective date specified
by the law or regulation
E City may, from tame to tame dunng the term of the Agreement, request changes m Exhibit A
which may include an increase or decrease ~n the amount of Orgamzatton's compensation
Such changes shall be mcorporated in a wntten amendment hereto, as prowded in Subsection
A of tl'ns Section
F Any alteratmns, deletaons, or adchtaons to the Contract Budget Detail mcorporated m Exlublt
B shall require the prior wnttan approval of City
G Orgamzat~on agrees to notify C~ty of any proposed change in physical location for work
performed under this Agreement at least thirty (30) calendar days In advance of the change
H Organization shall notify C~ty of any changes in personnel or governing board composition
I It is expressly understood that neither the performance of Exhibit A for any program
contracted hereunder nor the transfer of funds between or among said programs will be
pernutted
17.
NOTIFICATION OF ACTION BROUGHT
In the event that any clann, demand, suit or other action is made or brought by any person(s),
finn corporataon or other entity agmnst Orgarnzataon, Orgamzat~on shall give written notice thereof
to City within two working days after being notified of such claim, demand, stat or other action
Such notice shall state the date and hour of notification of any such claim, demand, suit or other
action, the names and addresses of the person(s), finn, corporation or other entity making such
claim, or that mstatuted or threatened to mstltute any type of action or proceeding, the basis of such
claim, action or proceeding, and the name of any person(s) against whom such claim is being made
or threatened Such written notice shall be delivered either personally or by mml
18
INDEMNIFICATION
Pagellof 18
A. It is expressly understood and agreed by both parties hereto that City is contracting
with Organization as an independent contractor and that as such, Organization shall
save and hold City, its officers, agents and employees harmless from all liability of any
nature or kind, including costs and expenses for, or on account of, any claims, audit
exceptions, demands, suits or damages of any character whatsoever resulting m whole
or, in part from the performance or omission of any employee, agent or representative
oflOrganization.
B Organization agrees to provide the defense for, and to indemnify and hold harmless
City its agents, employees, or contractors from any and all claims, stats, causes of
action, demands, damages, losses, attorney fees, expenses, and liability arising out of the
use of these contracted funds and program administration and implementation except
to'the extent caused by the willful act or omission of City, its agents or employees
19.
INSURANCE
A Orgamzataon shall observe sound business practaccs wath respect to providing such bonding
and insurance as would prowde adequate coverage for servtces offered under this
Agreement
B The premises on and in wbach the activities described tn Exhflut A are conducted, the
employees conducttng these actlvatleS, shall be covered by premise habfllty tnsurance,
commonly referred to as "Owner/Tenant" coverage wtth Ctty named as an add~tmnal insured
Upon request of Orgamzatmn, City may, at its sole dascretaon, approve alternate insurance
coverage arrangements
C Orgamzatlon will comply with applicable workers' compensation statutes and wall obt0an
employers' hablhty coverage where available and other appropriate hahthty coverage for
program participants, af applicable
D Orgamzat~on will m0antam adequate and continuous liability insurance on all vehacles
owned, leased, or operated by Orgamzatwn All employees of Orgamzatton who are
required to dr~ve a vehicle in the normal scope and course of their employment must possess
a valid Texas Driver's license and automobile habfllty insurance Evidence of the employee's
current possession of a valid license and insurance must be mmmoaned on a current basts m
Orgamzat~on's files
E Actual losses are not covered by Insurance as reqmred by flus Section are not allowable costs
under this Agreement, and remain the sole responstbfltty of Orgamzatlon
F The pohcy or policies of insurance shall contain a clause whach requires that Ctty and
Organlzataon be notafied m writing of any cancellation or change in the pohcy at least thirty
(30) days prior to such change or cancellataon
Page 12 of 18
20
CONFLICT OF INTEREST
A Orgamzatlon covenants that neither it nor any member of its governing body presently has
any Interest, direct or indirect, winch would conflict in any manner or degree with the
performance of services reqmred to be performed under this Agreement Organization
further covenants that m the performance ofthls Agreement, no person having such interest
shall be employed or appointed as a member of its governing body
B Orgamzatlon further covenants that no member of its governing body or its staff,
subcontractors or employees shall possess any interest m or use l~s/her position for a purpose
that is or g~ves the appearance of being motivated by desire for private gain for
InmselfJherself, or others, particularly those with which he/she has family, business, or other
ties
C NO officer, member, or employee of City and no member of its governing body who
exercises any function or responslinht~es in the review or approval of the undertaking or
canymg out of tins Agreement shall participate in any decision relating to the Agreement
winch affects his or her personal interest or the interest m any corporation, partnership, or
association in winch he or she has a direct or mdarect interest
21
NEPOTISM
Orgamzatlon shall not employ in any paid capacity any person who is a member of the
immedmte family of any person who is currently employed by Organization, or is a member of
Orgamzat~on'sgovernlngboard The term "member oflmmedlate famIly" mcludes wife, husband,
son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent,
step-cinld, half-brother and half-starer
22
NOTICE
Any notice or other written instrument required or permitted to be delivered under the terms
of this Agreement shall be deemed to have been delivered, whether actually received or not, when
deposited m the Umted States mml, postage prepaid, registered or certified, return receipt requested,
addressed to Organlzataon or City, as the case may be, at the following addresses
CITY ORGANIZATION
City of Denton, Texas HelpNET of the Greater Denton Area
Attn City Manager ATTN Lance Johnson
215 E McKmney P O Box 1607
Denton, TX 76201 Denton, TX 76202
Page 13 of 18
E~ther party may change ~ts marling address by sending notice of change of address to the
other at the above address by cemfied ma~l, return receipt requested
MISCELLANEOUS
A Orgamzat~on shall not transfer, pledge or otherwise assign th~s Agreement or any interest
therem, or any clmm arlmng thereunder to any party or part,es, bank, trust company or other
financial mst~tutlon w~thout the prior written approval of C~ty
B If any prows~on of ttus Agreement is held to be lnvahd, ~llegal, or unenfomeable, the
remmmng prov~s~ons shall remain m full force and effect and continue to conform to the
original intent of both part, es hereto
C In no event shall any payment to Organization hereunder, or any other act or failure of City
to msmt m any one or more instances upon the terms and conditions of thru Agreement
constitute or be construed ~n any way to be a waiver by City of any breach of covenant or
default wtuch may then or subsequently be committed by Orgamzat~on Neither shall such
payment, act, or omlss~on m any manner ~mpalr or prejudme any right, power, pnvdege, or
remedy avadable to C~ty to enfome ~ts rights hereunder, which rights, powers, pnwleges, or
remedxes are always speeffically preserved No representative or agent of City may wmve
the effect ofth~s prows~on
D Th~s Agreement, together with referenced exh~btts and attachments, conshtutes the entire
agreement between the part,es hereto, and any prior agreement, assertion, statement,
tmderstandmg, or other commitment occurnng dunng the term of this Agreement, or
subsequent thereto, have any legal force or effect whatsoever, unless properly executed ~n
writing, and ffappropnate, recorded as an amendment ofth~s Agreement
E In the event any d~sagreement or dmpute should arise between the parties hereto pertmnlng to
the interpretation or meamng of any part of this Agreement or its governing rules, codes,
laws, ordinances, or regulations, C~ty as the party ultimately responsible to HUD for matters
of comphance, wall have the final authority to render or to secure an interpretation
F Tlus Agreement shall be interpreted in accordance with the laws of the State of Texas and
venue of any htxgat~on concerning th~s Agreement shall be in a court of competent
jurisdiction s~ng m Denton County, Texas
1N WJ g WHEREOF, the part, es do hereby affix their s~gnatures and enter ~nto this
Agreement as et t,.e .day of ., 2000
CITY OF DENTON, TEXAS
Page 14 of 18
BY
MICHAEL W JEZ, CITY MANAGER
ATTEST
BY
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
BY
HERBERT PROUTY, CITY ATTORNEY
HELPNET OF THE GREATER DENTON
AREA
~I~X/ECU~IVE'I~I~OR '
ATTEST
BOkRD SEdRET?~
Page 15 of 18
City of Denton - Community Development Division
Qualifying Income Limits for Federally Assisted Programs
FY 1999-2000
city of Denton - Community Development Diwsion
Qualifying Income Limits for Federally Assisted Programs
FY 1999-2000
Maximum Income Levels
Moderate Income Low Income Very Low Income Extremely Low Income
Family Size 80% - 66% 65% - 51% AMI 50% - 31% AMI 30% & Below AMI
AMI
1 $32,600 - $26,501 $26,500 - $20,351 $20,350 - $12,201 $12,200 or Below
2 $37,250 - $30,251 $30,250 - $23,301 $23,300 - $13,951 $13,950 or Below
3 $41,900 - $34,051 $34,050 - $26,201 $26,200 - $15,701 $15,700 or Below
4 $46,550 - $37,851 $37,850 - $29,101 $29,100 - $17,451 $17,450 or Below
5 $50,300-$40,851 $40,850-$31,451 $31,450-$18,851 $18,850 or Below
6 $54,000 - $43,901 $43,900 - $33,751 $33,750 - $20,251 $20,250 or Below
7 $57,750 - $46,901 $46,900 - $36,101 $36,100 - $21,651 $21,650 or Below
8 $61,450 - $49,951 $49,950 - $38,401 $38,400- $23,051 $23,050 or Below
Source U S Department of Housing and Urban Development
Effective October 1~ 1999
Page 16 of 18
EXHIBIT "A"
WORK STATEMENT
* Maintain a computer database of chent assistance to assist service providers in determlmng
unmet needs of clients and how local resources can best meet those needs
* Provide a forum for inter-agency commumcatlon and ~nformatlon pertinent to social serwce
agencies through monthly meetings of agency representatives
· Provide computer based mformatton and referral system that can be accessed via computer
modem or by telephone
· Promde a central application pomt for promders of emergency financial asslstallCe so that
lnd~xaduals seakmg these services may call a central number, promde relevant intake
information, mcludmg income status and make arrangements for a appointment with the
appropriate service proxader
· Coordanate Christmas asmstance and Back to School programs for local service prowders
· Partmlpate in Continuum of Care Planmng Comamttee meetings throughout the year
OUTCOME MEASURES
· Provide a full time social worker to assist clients w~th servme coordmatmn and to assist
chents with accessing needed servmes in the commumty
· Assist and addmonal 200 households vath service coordination servmes through the
computer database / client tracking system
· Assist an addJt~ona120 households with case management servmes
· Add at least 3 agencies and/or churches to the exmtlng service coordination system
Page 17 of 18
EXHIBIT "B"
BUDGET
C~ty of Denton TOTAL Contract Budget $22,500 00
Personnel Expenses $22,500 00
(For Full T~me Social Worker including Salary, Employer Tax Expenses)
Page 18 of 18
AGENDA INFORMATION SHEET Agenda Item ~
AGENDA DATE: September 26, 2000 QuestY~g~~-
acquasluon may be directed
DEPARTMENT: Materials Management to Barbara Ross 349-7235
ACM: Kathy DuBose, Fiscal and Munlcxpal Servlce~
SUBJECT:
An Ordinance accepting competitive bids and awarding a contract for Infant and Chdd Care
Programs for Low-Income Families, providing for the expendxture of funds therefore, and
prowdmg for an effective date (Bid 2524 - Infant & Child Program for Low-Income Famdxes,
awarded to Fred Moore Day Nursery School, in the amount of $38,000)
BID INFORMATION:
This bid is to provide licensed ctuldcare services on a sliding fee scale for cluldren of Iow-to-
moderate income working parents Parents enrolled full time in school or a training program,
unemployed individuals who are acuvely seeking employment, and parents working and enrolled
in school part time
The service accepts children of ages' slx weeks to five years from 7 00 A M to 6 00 P M, and
~ncludes well-balanced meals and a learning development cumculum
RECOMMENDATION:
We recommend this be awarded to the sole bidder, Fred Moore Day Nursery School, xn the
amount of $38,000
PRINCIPLE PLACE OF BUSINESS:
Fred Moore Day Nursery School
Denton, TX
ESTIMATED SCHEDULE OF PROJECT
This agreement shall commence upon approval and terminate on September 30, 2001, unless
sooner terminated in accordance w~th Section III "Suspension or Termination"
FISCAL INFORMATION:
CDBG funds have been appropriated for this program account (100-051-051 M-8965)
Respect full~sul~ltted
Tom Shaw, C P M, 349-7100
Purchasing Agent
Attachment I Tabulation Sheet
1433AG£NDA
ATTACHMENT 1
TABULATION SHEET
B~d # 2524 Date 7/11/00
Infant & Child Program for Low-Income Famlhes
DEIiICRiPTiON VENDOR
I < ' '~"'%¢ ' Fred Moore Day Nursery
: o · ~, ,~, School
· ~ ........ ~,,.,~..~...,..,'.=..~.:~ .......... ~[.~ ~.~ ! ~
Pnnc~ple Place of Business Denton. TX
TOTAL BASE BID $38,000 00
ORDINANCE NO
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
INFANT AND CHILD CARE PROGRAMS FOR LOW-INCOME FAMILIES, PROVIDING FOR
THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE
DATE (BID 2524 - INFANT & CHILD PROGRAM FOR LOW-INCOME FAMILIES,
AWARDED TO FRED MOORE DAY NURSERY SCHOOL, IN THE AMOUNT OF $38,000)
WHEREAS, the Ctty has solicited, received and tabulated competitive bids for the purchase of necessary
materials, eqmpment, supphes or se~nces m accordance w~th the procedures of STATE law and City ordinances,
and
WHEREAS, the City Manager or a designated employee has reviewed and recommended that the hercm
described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown m the
"Bid Proposals" subrmtted therefore, and
WHEREAS, the City Council has provided m 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
SI~2TION I That the following competitive bids for materials, equipment, supplies, or services,
described m the "Bid Proposals" on file m the office of City's Purchasing Agent filed according to the bid
number assigned hereto, are hereby accepted and approved as being the lowest responsible bids for such items
BID ITEM
NUMBER NO CONTRACTOR AMOUNT
2524 ALL FRED MOORE DAY NURSERY SCHOOL $38,000
SI~CTION II That the acceptance and approval ofthe above competmve bids, the City accepts the offer
of the persons subrmttmg tho bids for such items and agrees to purchase the materials, equipment, supplies or
services m accordance vath the terms, specifications, standards, quantities and for the specified sums centmned
in the Bid Invitations, Bid Proposals, and related documents
SECTION I~I That the City and persons subrmttmg approved and accepted aems and of the subrmtted
bids wish to enter rote a formal written agrecment as a result of the acceptance, approval, and awarding of the
bids, the City Manager or his designated representative is hereby authorized to execute the written contracts
which shall be attached hereto, provided that the written contract is in accordance vath the terms, conditions,
specifications, standards, quantities and spe~fied sums contained m the Bid Proposal and related documents
herein approved and accepted
SECTION IV That by the ac, ceptance and approval of the above competmve b~ds, the City Council
hereby authonzes the expenditure of funds therefor in the amount and m accordance w~th the approved b~ds or
pursuant to{ a written contract made pursuant thereto as authorized herein
SECTION V That this ordmance shall become effective nnmedlately upon ~ts passage and approval
PASSED AND APPROVED this the __ day of ,2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
2524 INFANT & CHILD CARE PROGRAM FOR LOW-INCOME FAMILIES CONTRACT ORDINANCE
2000-2001 SERVICE AGREEMENT BETWEEN THE
CITY OF DENTON, TEXAS AND
FRED MOORE DAY NURSERY SCHOOL
BID # 2524
Th~s Agreement is hereby entered into by and between thc City of Denton, Texas, a
Home Rule Municipal Corporation, herolnaftcr referred to as "City", and Frod Moore Day
Nursery School, 821 Crosstlmbers, Denton, TX 76201, heromafter referred to as "Organization",
WHEREAS, City's Human Services Committee ("HSC") has reviewed the proposal for
services and has determined that Organization performs an important service for the residents of
Denton without regard to race, rehglon, color, age or national origin, and HSC recommends the
purchase of services, and
WHEREAS, City has detenmned that the proposal for services merits assistance and can
provide needed services to citizens of City and has provided funds in its budget for the purpose
ofpaymg for contractual servtces,
NOW, THEREFORE, the parties hereto mutually agree as follows
1
SCOPE OF SERVICES
Orgamzatlon shall in a satisfactory and proper manner perform the following tasks, for
which the monies provided by City may be used
A To promde low cost day care for children ages 6 weeks to 5 years of age from low
income families where parent(s) are working full-time, going to school full-time,
attending school and working part-time, or are actively seeking employment
B To provide two nutntlonal meals, breakfast and lunch, for the children it serves
Organization shall perform those services described in the Work Statement herein
attached as Exhibit A
2
OBLIGATIONS OF ORGANIZATION
In consideration of the receipt of funds from City, Organization agrees to the following
terms and conditions
A Thirty eight thousand dollars ($38,000 00) may be prod to Organization by City, and the
only expenditures reimbursed from these funds, shall be those m accordance with the
project budget, attached hereto as Exhibit B and incorporated herein by reference, for
Page 1 of 17
those expenses hsted in the scope of servaces as provided herein Organization shall not
utilize these funds for any other purpose
B It will estabhsh, operate, and mmntaln an account system for flus program that w~ll allow
for a tracing of funds and a review of the financaal status of the program
C It will permat authorized officials of City to rewew ats books at any tame
D It wall reduce to wrltmg all of ~ts rules, regulataons, and policies and file a copy with
Caty's Commumty Development Office along wath any amendments, adthtaons, or
rexasaons whenever adopted
E It will not enter mto any contracts that would encumber Caty funds for a period that
would extend beyond the term of tbas Agreement
F It will promptly pay all bills when submttted unless there ~s a dascrepancy ~n a bill, any
errors or (hscrepanc~es an bills shall be promptly reported to Caty's Assistant C~ty
Manager for F~scal & Mun~capal Servaces, or her authorized representative, for further
dxreeUon
G It will appoint a representative who wall be available to meet w~th C~ty's Assistant Caty
Manager for Fiscal & Mumcapal Servaees and other Caty officaals when requested
H It will ~ndemnafy and hold harmless C~ty from any and all clmms and stats arising out of
the activities of Orgamzat~on, ~ts employees, and/or contractors
I It wall submit to Caty copies of year-end audited financaal statements
3
TIME OF PERFORMANCE
The services funded by C~ty shall be undertaken and completed by Orgamzat~on w~than
the £ollow~n§ time frame
October 1, 2000 through September 30, 2001, unless the contract ~s sooner terminated
under Section 7 t'Snspens~on or Termination"
4
COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
A Orgamzat~on shall comply w~th all apphcable £~eral laws, laws o£the State of Texas and
ordinances of the C~ty of Denton
Page 2 of 17
REPRESENTATIONS
A Organization assures and guarantees that it possesses the legal authority, pursuant to any
proper, appropnato and official motion, resolution or action passed or taken, to enter Into
this Agreement
B The person or persons signing and executing this Agreement on behalf of Orgamzatlon,
do hereby warrant and guarantee that he, she, or they have been fully authorized by
Orgamzatlon to execute this Agreement on behalf of Organazatlon and to validly and
legally b~nd Organization to all terms, performances and provlsaons herein set forth
C City shall have the right, at ItS option, to e~ther temporarily suspend or permanently
terminate th~s Agreement if there is a dispute as to the legal anthonty of eather
Orgamzatlon or the person signing the Agreement to enter ~nto th~s Agreement
Organization is hable to C~ty for any money ~t has received from C~ty for performance of
the promsmns of this Agreement ff City has suspended or termmated this Agreement for
the reasons enumerated m this Sectaon
D Organazat~on agrees that the funds and resources provided Orgamzatlon under the terms
of th~s Agreement wall m no way be substituted for funds and resources from other
sources, nor m any way serve to reduce the resources, semces, or other benefits which
would have been available to, or prowded through, Orgamzat~on had this Agreement not
been executed
6
COVENANTS
A Dunng the period of time that payment may be made hereunder and so long as any
payments remain unhqmdated, Organlzatmn shall not, without the prior written consent
of the Community Development Admunstrator or her authorized representative
(1) Mortgage, pledge, or otherwasc encumber or suffer to be encumbered, any of thc
assets of Orgamzatmn now owned or hereafter acqmred by ~t, or permit any pre-
existing mortgages, hens, or other encumbrances to remmn on, or attached to, any
assets of Organization whmh are allocated to the performance of th~s Agreement
and wath respect to which C~ty has ownership hereunder
(2) Sell, assign, pledge, transfer or, ~se d~spose of accounts receivables, notes
or clmms for money due or to become due
(3) Sell, convey, or lease all or substantml part of ~ts assets
(4) Make any advance or loan to, or incur any habfllty for any other firm, person,
entity or corporation as guarantor, surety, or accommodation endorser
Page 3 of 17
(5) Sell, donate, loan or transfer any equipment or item of personal property
purchased with funds prod to Organization by City, unless City authorizes such
transfer
B Should Orgamzatlon use funds received under this Agreement to acquire or improve real
property under Orgamzat~on's control, Organization agrees and covenants
(1) That the property shall be used to meet one of the national object~ves stated m 24
CFR 570 until August 31, 2006
(2) That should Organization transfer or otherwise dispose of said property on or
before August 31, 2006, Organization shall reimburse City in the amount of the
fair market value of th~s property less any pomon of the value attributable to
expandltures of non-CDBG funds for acqmsmon of, or improvement to, the
property
C Orgamzatmn agrees, upon written request by City, to reqmre ~ts employees to attend
traamng sessions sponsored by the Commumty Development Office
7
PAYMENTS
A PAYMENTS TO ORGANIZATION City shall pay to Organization a maximum amount of
money not to exceed thirty eight thousand dollars ($38,000 00) for services rendered
under this Agreement C~ty will pay these funds on a reimbursement bas~s to
Orgamzat~on w~tban 20 days after City has received supporting documentation
Orgamzatlon's failure to request reimbursement on a timely basis, may jeopardize present
or, future funding
B EXCESS PAYMENT Orgamzatlon shall refund to City within ten working days of City's
request, any sum of money which has been paid by City and which City at any time
thereafter determines
(1) has resulted m overpayment to Orgamzatlon, or
(2) has not been spent strictly in accordance with the terms of flus Agreement, or
(3) is not supported by adequate documentation to fully justify the expenditure
C Organization's reimbursement request for any one month period will not exceed one-fifth
(1/5) of any budgeted line ~tems for costs as spemfied in Exhibit B
D DEOBLIGATION OF FUNDS/REVERSION OF ASSETS In the event that actual expenditures
deviate from Orgamzatlon's prowslon of a corresponding level of performance, as
Page 4 of 17
specified ~n Exhibit A, City hereby reserves the right to reappropnate or recapture any
such under expended funds If C~ty finds that Orgamzation is unwilling and/or unable to
comply w~th any of the terms of thxs Contract, C~ty may require a refund of any and all
money expended pursuant to flus Contract by Organization, as well as any remmmng
unexpended funds whmh shall be refunded to C~ty wiflun ten working days of a written
notme to Orgamzat~on to revert these financial assets The reversion of these financial
assets shall be m addmon to any other remedy available to City either at law or in eqmty
for breach of flus Contract
E CONTRACT CLOSE OUT Organization shall submit the contract close out package to City,
together with a final expenditure report, for the time period covered by the last invoice
requestmg reimbursement of funds under flus Agreement, within 15 working days
following the close of the contract period Organization shall utilize the form agreed
upon by City and Orgamzatmn
8
MAINTENANCE OF RECORDS
A Orgamzat~on agrees to mmnt~un records that will prowde accurate, current, separate, and
complete daselosure of the status of the funds received under this Agreement, m
comphance w~th the prows~ons of Exhibit B, attached hereto, and with any other
appheable Federal and State regulations estabhshmg standards for financial management
Orgamzatton's record system shall contmn sufficient documentation to prowde in detail
full support and justaficat~on for each expenditure Nothing ~n th~s Section shall be
construed to reheve Organ~zataon of fiscal accountabthty and hablhty under any other
prgvls~on of th~s Agreement or any applicable law Organization shall ~nclude the
substance of flus proxrts~on m all subcontracts
B Organization agrees to retain all books, records, documents, reports, and written
accounting procedures pertmmng to the operation of programs and expenditures of funds
under flus Agreement for five years
C Nothing m the above subsections shall be construed to reheve Orgamzat~on of
re~pons~blhty for retmmng accurate and current records, which clearly reflect the level
and benefit of serrates, prowded under this Agreement
D At any reasonable time and as often as C~ty may deem necessary, the Orgamzatlon shall
make avmlable to City, HUD, or any of their authorized representatives, all of its records
and shall permtt City, HUD, or any of their authorized representatives to audit, examine,
make excerpts and cop~es of such records, and to conduct audits of all contracts, invoices,
materials, payrolls, records of personnel, conditions or employment and all other data
requested by smd representatives
Page 5 of 17
9
REPORTS AND INFORMATION
At such times and in such form as City may require, organization shall furnish such
statements, records, data and reformation as City may request and deem pertinent to matters
covered by this Agreement
Organization shall submit quarterly beneficiary and financial reports to City no less than
once each three months The beneficiary report shall detail client information, including race,
income, female head of household and other statistics required by City The financial report shall
include information and data relative to all programmatic and financial reporting as of the
beginning date specified in Section 1 of this Agreement
Unless the City has granted a written exemption, Organization shall submit an audit
conducted by independent examiners with ten days after receipt of such
10
EVALUATION
Organization agrees to participate in an implementation and mmntenance system whereby
the services can be continuously momtored Organization agrees to make avmlable its financial
records for review by City at City's discretion In addition, Organization agrees to provide City
the following data and reports, or copies thereof
A All external or internal audits Organization shall submit a copy of the annual
independent audit to City wlflun ten days of receipt
B All external or internal evaluation reports
C Quarterly performance/beneficiary reports to be submitted in January, April, July and
September, to include such information as requested by the City's Community
Development Division including but not limited to number of persons or households
assisted, race, gender, disability status and household income
D Orgamzatlon agrees to submit quarterly financial statements in January, April, July, and
September Each statement shall include current and year-to-date period accounting of
all revenues, expenditures, outstanding obligations and begIrmlng and ending balances
E An explanation of any major changes in program services
F To comply with flus section, Organization agrees to maintmn records that will provide
accurate, current, separate, and complete disclosure of the status of funds received and
the services performed under flus Agreement Organization's record system shall contmn
sufficient documentation to provide m detail full support and justffiCatlon for each
expenditure Orgamzation agrees to retmn all books, records, documents, reports, and
Page 6 of 17
written accounttng procedures pertammg to the services prowded and expenditure of
ftmds under th~s Agreement for the period of ume and under the condmons specffied by
the City
G Nothing ~n the above snbsectmns shall be construed to relieve Orgamzat~on of
respollSlblllty for retatmng accurate and current records, which clearly reflect the level
and benefit of services, prowded under this Agreement
11
DIRECTORS' MEETINGS
Danng the term of th~s Agreeraent, Orgamzatmn shall dehver to C~ty copaes of all notices
of meetmgs of ~ts Board of D~rectors, setting forth the t~me and place thereof Such notme shall
be dehvered to C~ty m a timely manner to give adequate notice, and shall anclude an agenda and
a brief dcsenptaon of the matters to be discussed Orgamzat~on understands and agrees that
C~ty's representatives shall be afforded access to all meetings of~ts Board of D~rectors
Minutes of all meetings of Orgamzat~on's governing body shall be available to Caty
wathm ten working days of approval
12
SUSPENSION OR TERMINATION
A The Caty may terminate th~s Agreement w~th cause af the Orgamzatlon wolates any
covenants, agreements, or guarantees of thru Agreement, the Organlzatton's ~nsolvency
or, filing of bankruptcy, dlssolutxon, or receavershlp, or the Orgamzat~on's violation of any
law or regulation to which ~t as bound under the terms of thas Agreement
B The C~ty may terminate this Agreement for convenience at any tame If the Cxty
tenmnates th~s Agreement for eonvenaence, Organlzat~on wall be paid an amount not to
exceed the total amount of accrued expendatures as of the effectave date of termination
In no event will tins compansat~on exceed an amount, whmh bears the same ratio to the
total compansat~on as the sermees actually performed bears to the total servmes of
Organization covered by the Agreement, less payments prevaously made
In case of suspension, C~ty shall admse Organ~zataon, an writing, as to condltaons
precedent to the resumption of fimdmg and spemfy a reasonable date for comphance
In case of termination, Orgamzatlon will remat to C~ty any unexpended C~ty funds
Acceptance of these funds shall not constitute a wmver of any clmm C~ty may otherwise
have arising out of tins Agreement
Page 7 of 17
13
PERSONNEL POLICIES
Personnel policies shall be establashed by Organization and shall be avmlable for
examlnatlnn Such personnel poheles shall
A Be no more liberal than City's personnel policies, procedures, and practices, including
policies with respect to employment, salary and wage rates, working hours and holidays,
fnnge benefits, vacation and sick leave privileges, and travel, and
B Be in writing and shall be approved by the governing body of Organization and by City
14
EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS
A Organization wall submit for City approval, a written plan for compliance wath the Equal
Employment and Affirmative Action Federal provisions, within 120 days of the effective
date of tl~s Agreement
B Orgamzatlnn shall comply with all applicable equal employment opportunity and
affirmative aetmn laws or regulations
C Organization will furnish all information and reports requested by City, and will permit
access to 1ts books, records, and accounts for purposes of mvestagaUon to ascertain
compliance with local, State and Federal rules and regulations
D In the event of Organazataon's non-compliance w~th the non-discrimination reqmrements,
the Agreement may be canceled, terminated, or suspended in whole or m part, and
Organization may be barred from further contracts with City
15
WARRANTIES
Organization represents and warrants that
A All anformatlon, reports and data heretofore or hereafter requested by City and furnished
to City, are complete and accurate as of the date shown on the information, data, or
repe~' , since that date, have not undergone any significant change without written
not1, ~ lty
B Any suppomng financial statements heretofore requested by City and furnished to City,
are complete, accurate and fmrly reflect the financial conditions of Organization on the
date shown on said report, and the results of the operation for the period covered by the
report, and that since said date, there has been no matenal change, adverse or otherwise,
In the financial condition of Organization
Page 8 of 17
C No lmgatton or legal proeeechngs are presently pending or threatened agmnst
Orgamzat~on
D None of the provisions herein contravene or are m conflict with the authority under whmh
Orgamzat~on ~s doing business or w~th the prowslons of any ex~st~ng ~ndenture or
agreement of Orgamzataon
E Orgamzat~on has the power to enter into this Agreement and accept payments hereunder,
and has taken all necessary action to authorize such acceptance under the terms and
conditions of tins Agreement
F None of the assets of Orgamzat~on are subject to any lien or encumbrance of any
character, except for current taxes not delinquent, except as shown in the financial
statements furmshed by Orgamzation to C~ty
Each of these representations and warrant~es shall be continuing and shall be deemed to
have been repeated by the subm~sston of each request for payment
16
CHANGES AND AMENDMENTS
A Alay alterations, additions, or deletions to the terms of tins Agreement shall be by written
amendment executed by both part,es, except when the terms of tins Agreement expressly
pmwde that another method shall be used
B Orgamzat~on may not make transfers between or among approved line ~tems w~thln
budget categories set forth m Exinb~t B without prior written approval of the Commumty
Development Adm~mstrator for the Cxty Orgamzat~on shall request, m writing, the
budget rewsaon xn a form prescribed by C~ty, and such request for revmxon shall not
mcrease the total monetary obhgat~on of City under this Agreement In addition, budget
revisions cannot s~gmficantly change the nature, intent, or scope of the program funded
under tins Agreement
C Orgamzat~on will submit rewsed budget and program information, whenever the level of
funding for Orgamzatlon or the program(s) described herein is altered according to the
total levels contained m any portxon of Exinint B
D It ~s understood and agreed by the part~es hereto t~ nges in the State, Federal or local
laws or regulations pursuant hereto may occur dunng the term of this Agreement Any
such modfficatlons are to be automatically incorporated ~nto tins Agreement w~thout
written amendment hereto, and shall become a part of the Agreement on the effective
date specffied by the law or regulation
Page 9 of 17
E City may, from t~me to t~me dunng the term of the Agreement, request changes ~n Exhibit
A winch may include an increase or decrease m the amount of Organization's
compensatmn Such changes shall be incorporated m a written amendment hereto, as
prowded m Subsection A of thls Seetmn
F Any alteratmns, deletmns, or additions to the Contract Budget Detail ~ncorporated m
Exbabxt B shall reqmre the prior written approval of City
G Organization agrees to notify C~ty of any proposed change in physmal location for work
performed under this Agreement at least 30 calendar days m advance of the change
H Organ~zatmn shall notify City of any changes In personnel or governing board
composition
I It ~s expressly understood that neither the performance of Exhibit A for any program
contracted hereunder nor the transfer of funds between or among smd programs will be
permitted
17
NOTIFICATION OF ACTION BROUGHT
In the event that any claim, demand, stat or other action as made or brought by any
person(s), firm corporation or other entity against Orgamzatlon, Orgaulzatlon shall give written
notice thereof to C~ty w~thm two working days after being nntffied of such claim, demand, stat or
other action Such notme shall state the date and hour of notifieaUon of any such clmm, demand,
suit or other action, the names and addresses of the person(s), firm, corporation or other entity
making such claim, or that instituted or threatened to institute any type of action or proceeding,
the basis of such elmm, action or proceeding, and the name of any person(s) against whom such
claim is being made or threatened Such written notice shall be delivered either personally or by
mai1
18
INDEMNIFICATION
A It~is expressly understood and agreed by both partms hereto that City is contracting
with Organization as an independent contractor and that as such, Organization
shall save and hold City, its officers, agents and employees harmless from all
habihty of any nature or kind, including costs and expenses for, or on account of,
any claims, audit exceptions, demands, suits or damages of any character
whatsoever resulting in whole or in part from the performance or omission of any
employee, agent or representative of Orgamzatlon
B. Orgamzation agrees to provide the defense for, and to indemnify and hold harmless
City its agents, employees, or contractors from any and all claims, suits, causes of
action, demands, damages, losses, attorney fees, expenses, and liabihty arising out of
Page 10of17
the use of these contracted funds and program administration and implementation
except to the extent caused by the willful act or omission of City, its agents or
employees.
19.
INSURANCE
A Organization shall observe sound bus~ness practices w~th respect to providing such
bonding and insurance as would prowde adequate coverage for servmes offered under
this Agreement
B The premises on and in which the activities described in Exhth~t A are conducted, the
employees conducting these activities, shall be covered by premise liability insurance,
commonly referred to as "Owner/Tenant" coverage with City named as an additional
insured Upon request of Orgamzatlon, City may, at ~ts sole d~scretion, approve alternate
insurance coverage arrangements
C Orgamzation will comply with applicable workers' compensation statutes and will obtmn
employers' hablllty coverage where available and other appropriate hablllty coverage for
program participants, if applicable
D Orgamzation will mmntam adequate and continuous liability insurance on all vehicles
owned, leased, or operated by Organization All employees of Orgamzation who are
reqmred to drive a vetucle m the normal scope and course of thexr employment must
possess a valid Texas Driver's license and automobile habthty insurance Evidence of the
employee's current possession of a valid license and insurance must be mmntalned on a
current basis in Orgamzatlon's files
E Actual losses are not covered by insurance as required by th~s Section are not allowable
costs under this Agreement, and remain the sole responslbthty of Organization
F The pohcy or policies of insurance shall contmn a clause which reqmres that City and
Organization be notified m writing of any cancellation or change in the pohcy at least
thirty (30) days prior to such change or cancellation
20
CONFLICT OF INTEREST
A Organization covenants that neither xt nor any member of ~ts govermng body presently
has any interest, direct or indirect, wtuch would conflmt ~n any manner or degree with the
performance of services reqmred to be performed under th~s Agreement Organlzatton
further covenants that xn the perfomaance of this Agreement, no person hawng such
~nterest shall be employed or appointed as a member of ~ts govermng body
Page 11 of 17
B Orgamzatlon further covenants that no member of its governing body or its staff,
subcontractors or employees shall possess any interest in or use bas/her position for a
purpose that is or gives the appearance of being motivated by desire for private gain for
bamself/herself, or others, particularly those with which he/she has family, business, or
other ties
C No officer, member, or employee of City and no member of ars govermng body who
exercises any function or responslblhtles m the review or approval of the undertaking or
carrying out of this Agreement shall participate m any decision relating to the Agreement
wbaeh affects bas or her personal interest or the interest m any corporation, parmersbap, or
association in wbach he or she has a direct or indirect interest
21.
NEPOTISM
Organ~zataon shall not employ in any paid capacity any person who is a member of the
lmmedlate family of any person who is currently employed by Organization, or is a member of
Orgamzaflon's governing board The term "member of immediate family" includes wife,
husband, son, daughter, mother, father, brother, sister, 1n-laws, aunt, uncle, nephew, mete,
stepparent, stepcbald, half-brother and half-sister
22
NOTICE
Any notice or other written instrument required or permitted to be delivered under the
terms of tbas Agreement shall be deemed to have been delivered, whether actually received or
not, when deposited in the United States mall, postage prepaid, registered or certified, return
receipt requested, addressed to Organization or City, as the case may be, at the following
addresses
CITY ORGANIZATION
C~y of Denton, Texas Fred Moore Day Nursery School
Attn C~ty Manager ATTN Joyce Rogers, Director
21'5 E McKlnney 821 Crosstlmbers
Denton, TX 76201 Denton, TX 76201
Either party may change its marling address by sending notice of change of address to the
other at the above address by certified mml, return receipt requested
23
MISCELLANEOUS
Page 12 of 17
A Orgamzatlon shall not transfer, pledge or othemnse assign this Agreement or any interest
there~n, or any cl~um arising thereunder to any party or parties, bank, trust company or
other financial institution without the prior written approval of City
B If any provls~on of thru Agreement is held to be ~nvalld, illegal, or unenforceable, the
remmmng provisions shall rem~un m full force and effect and continue to conform to the
orlgmal intent of both parties hereto
C In no event shall any payment to Organization hereunder, or any other act or fmlure of
City to resist m any one or more ~nstances upon the terms and conrhtlons of this
Agreement constitute or be construed m any way to be a waiver by C~ty of any breach of
covenant or default which may then or subsequently be committed by Organization
Neither shall such payment, act, or omission in any manner lmpmr or prejudice any right,
power, pnvdege, or remedy avmlable to C~ty to enforce its rights hereunder, which rights,
powers, pnwleges, or remedies are always specifically preserved No representative or
agent of C~ty may wmve the effect of th~s provision
D Tbas Agreement, together w~th referenced exhibits and attachments, constitutes the entire
agreement between the parties hereto, and any prior agreement, assertion, statement,
tmderstand~ng, or other commitment occumng dunng the term of this Agreement, or
subsequent thereto, have any legal fome or effect whatsoever, unless properly executed ~n
writing, and if appropriate, recorded as an amendment of this Agreement
E In the event any disagreement or dmpute should arise between the partms hereto
pertmmng to the interpretation or meaning of any part of th~s Agreement or ~ts govermng
rules, codes, laws, ordinances, or regulations, Cxty as the party ultimately responsible to
HUD for matters of compliance, will have the final anthonty to render or to secure an
~nterpretation
F This Agreement shall be interpreted m accordance w~th the laws of the State of Texas and
venue of any htlgatlon concerning this Agreement shall be ~n a court of competent
junsdlctlon sitting xn Denton County, Texas
IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter ~nto this
Agreement as of the day of ., 2000
CITY OF DENTON, TEXAS
BY
MICHAEL W JEZ, CITY MANAGER
Page 13 of 17
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
FRED MOORE DAY NURSERY SCHOOL
EX~CU~IVE bI]~C~OR
ATTEST
BOARD ~Y
Page 14of17
EXHIBIT "A"
WORK STATEMENT
· Promde cbaldcare on a shdsng scale to low and moderateqncome residents of Denton
based on income and family s~ze
· Cluldren slx weeks through five years of age wall be ehglble for the program Parents
must be working and/or attending school full-t~me, or a combination of going to school
and working thll-t~me to be eligible to enroll their cbald Parents wall be mqmred to
volunteer at the cbaldcare
· Prowde a safe, healthy enmronment that will meet the development needs of the child
Aet~wtles will be designed for each age group to meet the individual and group needs
The curriculum will include education emphasizing effective earning skills, creative arts,
motor sl~lls, physical development, speech development, music, personal hygiene and
manners
· Prowde breakfast, lunch, and an afternoon snack for each child All meals will meet the
USDA and Texas Department of Human Servmes Special Nutrition food requirements
for children m chfldcare
· Must be hcansed by the Texas Department of Protecttve and Regulatory Serrates
· Must meet or exceed the Texas Department of Human Servmes m~mmum standards for
Day Care Centers
· Must be a Cluld Care Management Systems des~guated vendor
· Prowde operation hours from 7 00 a m to 6 00 p m Monday through Friday
OUTCOME MEASURES
· Organization w~ll conduct pre and post assessments to determine k~ndergarten
reathness on each child attending the school Pre assessments will take place m
September or when the child begins the school year Post assessments w~ll take
place m April or May 75% of children will be able to master 90% of the pre
londergartan goals
Page 16 of 17
EXHIBIT "B"
BUDGET
C~ty of Denton Funding $38,000 00
All for Teachers Salaries
Monthly Request $ 3,166 66
Page 17 of 17
Agenda No ~
Agenda Item.~ ~..>- ? . _ _
AGENDA INFORMATION SHEET Date ~/r~,/t~)t~
AGENDA DATE. September 26, 2000 Qucsttons concemtng ~s
acqmsmon may be dtrected
DEPARTMENT: Materials M~agement to B~b~a Ross 349-7234
ACM: ~y D~ose, Ftsc~ ~d M~c~p~ Se~ce~
SV9a CT
~ Ord~ce accepting competitive b~ds ~d aw~dmg a contract for ~e purch~e of maten~s,
eqmpmem, supphes or se~lees, prowdmg for the expendlt~e of ~nds ~erefore, ~d providing
for ~ effeeave date (Bid 2525 - C~ldc~ Progr~s for Low Income F~lhes aw~ded to
Denton CtW-Co~ty Day School, m ~e ~o~t of $26,000)
BID INFO~ATION:
Th~s bid ts~ for a hcensed child e~e progr~ prowder for chll&en of low-to-moderate income
working p~ents, p~nts e~olled full t~me ~n school or a trmmng progr~, ~employed p~ents
who ~e seeking employment, ~d p~ents wor~ng ~d e~olled m school p~ t~me
Se~lces ~11 be extended to chll~en 18 months to five ye~s ~d offer se~lees ~om 6 30 A M
to 5 30 P M,, including well b~ced meals ~d a le~mg developmem c~cul~
~COMMENDATION:
We reco~end ~s be aw~ded to ~e sole b~dder, Denton Cny-County Day School, in the
~o~t of $26,000
PLACE OF BUSINESS:
Denton C~-Co~ty Day School
Denton, TX
ESTIMATED SCHEDULE OF PRO.CT:
~ls agreamem ~s for October 1, 2000 ~ough September 30, 2001, ~less ~e eon~aet ~s sooner
te~lnated ~der Section VII "S~pemton or Te~lnmmn"
FISCAL INFO~TION:
CDBG F~d momes ~ve been appropriated for ~e progr~ ~om accoum (100-051-015M-
Tom Shaw, C P M, 349-7100
P~chasmg Agent
A~ac~ent 1 Tabulation Sheet
1434 AOENDA
ATTACHMENT 1
TABULATION SHEET
B~d # 2525 Date 7/11/00
Chlldcare Programs for Low-Income Families
' DE$CRIPTION VENDOR
~l' o '~ ~,, ,~% , Denton City-County Day
<[ ~ < I~<,~!i, School
Pnnc~ple Place of Bus,ness Denton, TX
TOTAL BASE BID $26,000 00
ORDINANCE NO
AN ORDINANCE ACCEPTING COMPETITIVE BIDS 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 (BID 2525 - CHILI)CARE PROGRAMS FOR LOW INCOME FAMILIES AWARDED TO
DENTON CITY-COUNTY DAY SCHOOL, IN THE AMOUNT OF $26,000)
WHEREAS, the Cay has sohc~ted, received and tabulated competmve b~ds for the purchase of
necessary materml~ eqmpment, supphes or serwces m accordance w~th the procedtwes of STATE law
and Cay ordinances, and
WHEREAS, the C~ty Manager or a designated employee has reviewed and recommended that
the hereto descnhed Inds are the lowest responsible Inds for the materials, eqmpment, supphes or
senaces as shown m the "B~d Proposals" submitted therefore, and
WHEREAS, the Cay Council has prowded m the Cay Budget for the appropriation of funds
to he used for the purchase of the matermls, eqmpment, supphes or serwces approved and accepted
hereto, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the following competitive Inds for matermls, equipment, supphes, or
servaces, described m the "Bfl Proposals" on file m the ogee of C~ty's Purchasing Agent filed
according to the Ind number asmgned hereto, are hereby accepted and approved as being the lowest
responsible bxds for such xtems
BID ITEM
NUMBER NO, CONTRACTOR AVELNF
2525 ALL DENTON CITY-COUNTY DAY SCHOOL $26,000
SECTION II That the acceptance and approval of the above competa~ve b~ds, the Cay
accepts the offer of the persons subnuttmg the b~ds for such Rems and agrees to purchase the
materials, eqmpment, supphes or serwces La accordance w~th the terms, specifications, standards,
quantities and for the specflied sums contained m the B~d Inwtat~ons, B~d Proposals, and related
documents
SECTION III That the Cay and persons subrmttmg approved and accepted ~tems and ofthe
subrmtted bgls w~h to enter into a formal written agreement as a result of the acceptance, approval,
and awarding of the Inds, the Cay Manager or las designated representative ~s hereby authorized to
execute the written contracts winch shall he attached hereto, prowded that the written contract m m
accordance v, ath the terms, conditions, specifications, standards, quantities and specflied sums
contained m the B~d Proposal and related documents hereto approved and accepted
SECTION IV That by the acceptance and approval of the above competitive b~ds, the City
Councd hereby authorizes the expendature of funds therefor in the amount and ~n accordance w~th
the approved b~ds or pursuant to a written contract made pursuant thereto as authorized here~n
SECTION V That thts ordinance shall become effective ~mmed~ately upon its passage and
approval
PASSED AND APPROVED th~s the day of ,2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
2525 CHILD CARE PROGRAM FOR LOW-INCOME FAMILIES CONTRACT ORDINANCE
2000-2001 SERVICE AGREEMENT BETWEEN THE
CITY OF DENTON, TEXAS AND
DENTON CITY- COUNTY DAY SCHOOL
BID #2525
Ttus Agreement is hereby entered into by and between the City of Denton, Texas, a
Home Rule Mumcapal Corporation, hereinafter referred to as "C~ty", and Denton C~ty-County
Day School, 1603 Paisley, Denton, TX 76201 a non-profit corporation, hereinafter referred to as
"Organization",
WHEREAS, C~ty~s Human Services Committee ("HSC') has reviewed the proposal for
services and has detenmned that Orgamzatlon performs an ~mportant service for thc residents of
Denton w~thout regard to race, rehg~on, color, age or national origin, and HSC recommends the
purchase of services, and
WHEREAS, C~ty has determined that the proposal for services merits assistance and can
provide needed serwces to citizens of C~ty and has prowded funds in ~ts budget for the purpose
of paying for contractual servmes,
NOW, THEREFORE, the parties hereto mutually agree as follows
1.
SCOPE OF SERVICES
Orgamzatmn shall in a satisfactory and proper manner perform the following tasks, for
which the momes provided by City may be used
A Provide low cost day care for children ages 18 months to 5 5 years from low-income
famthes where parent(s) work and/or attend school or actively seek employment
B Prowde two d~uly nutritional meals, breakfast and lunch, for the children it serves
C Orgamzataon shall perform those servmes described m the Work Statement herein at-
tached as Exlublt A
2
OBLIGATIONS OF ORR,' ¥~ ZATION
In cons~deratlon of the receipt of funds from C~ty, Organization agrees to the following
terms and cond~tlons
A Twenty slx thousand dollars ($26,000 00) may be paid to Organization by City, and the
only expanrhtures reimbursed from these funds, shall be those m accordance w~th the pro-
ject budget, attached hereto as Exhibit B and incorporated herein by reference, for those
Page 1 of 17
expenses listed in the scope of serwces as provxded herein Orgamzatxon shall not utlhze
these funds for any other purpose
B It will establish, operate, and maintain an account system for th~s program that will allow
for a tracing of funds and a rewew of the financial status of the program
C It will permit authorized officials of City to rewew 1ts books at any time
D It will reduce to writing all of its roles, regulations, and policies and file a copy with
City's Commumty Development Office along with any amendments, addmons, or revi-
sions whenever adopted
E It will not enter into any contracts that would encumber City funds for a period that
would extend beyond the term of this Agreement
F It will promptly pay all bills when submitted unless there is a d~screpancy in a bill, any
errors or thscrepancles in bills shall be promptly reported to City's Assistant City Man-
ager for Fiscal & MUmclpal Services, or her authorized representative, for further direc-
tion
G It will appoint a representative who will be avmlable to meet with C~ty's Asmstant C~ty
Manager for Fiscal & Municipal Services and other C~ty officials when requested
H It will ~ndemmfy and hold harmless City from any and all clmms and stnts arising out of
the actlwties of Organization, ItS employees, and/or contractors
I It will submit to City copies of year-end anti,ted financml statements
3
TIME OF PERFORMANCE
The services funded by C~ty shall be undertaken and completed by Orgamzation within
the following t~me flame
October 1, 2000 through September 30, 2001, unless the contract is sooner terminated
under Section 7 "Suspension or Termination"
4.
COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
A Organization shall comply with all applicable federal laws, laws of the State of Texas and
ordinances of the City of Denton
Page 2 of 17
$
REPRESENTATIONS
A Orgamzatton assures and guarantees that it possesses the legal authority, pursuant to any
proper, appropriate and official motion, resolution or action passed or taken, to enter into
this Agreement
B The person or persons signing and executing this Agreement on behalf of Organization,
do hereby warrant and guarantee that he, she, or they have been fully authorized by Or-
ganization to execute this Agreement on behalf of Orgamzatlon and to validly and legally
bind Orgamzation to all terms, performances and promslons herein set forth
C City shall have the right, at its option, to either temporarily suspend or permanently ter-
minate this Agreement if there is a chspute as to the legal authority of either Orgamzat~on
or the person slgmng the Agreement to enter into tlus Agreement Organization is liable
to City for any money it has received from City for performance of the provisions of this
Agreement if City has suspended or terminated this Agreement for the reasons enumer-
ated m fins Section
D Orgamzation agrees that the funds and resources provided Organization under the terms
of tlus Agreement will in no way be substituted for funds and resources from other
sources, nor in any way serve to reduce the resources, services, or other benefits which
would have been avmlable to, or provided through, Organization had this Agreement not
been executed
6.
COVENANTS
A Dunng the period of time that payment may be made hereunder and so long as any pay-
ments remain unhqmdated, Organization shall not, without the prior written consent of
the Commumty Development Admlmstrator or her authorized representative
(1) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the
assets of Orgamzatlon now owned or hereafter acquired by it, or permit any pre-
existing mortgages, liens, or other encumbrances to remmn on, or attached to, any
assets of Orgamzatlon which are allocated to the performance of this Agreement
and with respect to which City has ownership hereunder
(2) Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes
or clmms for money due or to become due
(3) Sell, convey, or lease all or substantial part of its assets
(4) Make any advance or loan to, or incur any hablhty for any other firm, person, en-
tity or corporation as guarantor, surety, or accommodation endorser
Page 3 of 17
(5) Sell, donate, loan or transfer any equipment or item of personal property pur-
chased with funds paid to Organization by City, unless C~ty authorizes such trans-
fur
B Should Organization use funds received under th~s Agreement to acquire or improve real
property under Orgamzatlon's control, Organization agrees and covenants
(1) That the property shall be used to meet one of the national objectives stated m 24
CFR 570 until August 31, 2006
(2) That should Orgamzatlon transfer or otherwise dlspose of smd property on or be-
fore August 31, 2006, Organization shall reimburse City in the amount of the fair
market value of this property less any portion of the value attributable to expendi-
tures of non-CDBG funds for acqms~t~on of, or improvement to, the property
C Orgamzation agrees, upon written request by City, to require ~ts employees to attend
tra~mng sessions sponsored by the Community Development Office
7.
PAYMENTS
A PAYMENTS TO ORGANIZATION City shall pay to Orgamzatmn a maximum amount of
money not to exceed twenty slx thousand dollars ($26,000 00) for services rendered un-
der flus Agreement C~ty will pay these funds on a reimbursement basra to Orgamzat~on
within 20 days after City has received supporting documentation Orgamzat~on's failure
to request reimbursement on a timely basis, may jeopardize present or future funding
B EXCESS PAYMENT Orgamzat~on shall refund to C~ty w~th~n ten working days of C~ty's
request, any sum of money which has been paid by City and whmh C~ty at any time
thereafter determines
(1) has resulted m overpayment to Orgamzatlon, or
(2) has not been spent strictly m accordance w~th the terms of th~s Agreement, or
(3) ~s not supported by adequate documentation to fully justify the expenditure
C Orgamzatlon's reimbursement request for any one month period will not exceed one-fifth
(1/5) of any budgeted hne ~tems for costs as specffied ~n Exhibit B
D DEOBLIGATION OF FUNDSfREvERSION OF ASSETS In the event that actual expenditures
deviate fxom Organlzatmn's provision of a corresponding level of performance, as spem-
fled in Exlubit A, City hereby reserves the right to reappropnate or recapture any such
under expended funds If City finds that Organization ~s unwilling and/or unable to com-
ply with any of the terms of flus Contract, C~ty may reqmre a refund of any and all
Page 4 of 17
money expended pursuant to this Contract by Organ~zation, as well as any remalmng un-
expended funds which shall be refunded to City within ten working days of a written no-
tice to Organizat~on to revert these financial assets The reversion of these financial as-
sets shall be in addition to any other remedy avtulable to City either at law or in eqmty for
breach of this Contract
E CONTRACT CLOSE OUT Orgamzatlon shall submit the contract close out package to City,
together with a final expenditure report, for the time period covered by the last invoice
requesting reimbursement of funds under this Agreement, within 15 working days fol-
lowing the close of the euntract period Organization shall utilize the form agreed upon
by City and Organization
8
MAINTENANCE OF RECORDS
A Orgumzat~on agrees to mamtmn records that will provide accurate, current, separate, and
complete disclosure of the status of the funds received under this Agreement, in comph-
ante with the proxaslons of Exhibit B, attached hereto, and w~th any other applicable
Federal and State regulations estabhstung standards for financial management Orgamza-
tton's record system shall eontmn sufficient documentation to provide ~n detail full sup-
port and justification for each expenditure Nothing xn this Section shall be construed to
relieve Orgamzatton of fiscal accountability and habthty under any other provision of flus
Agreement or any appheable law Organization shall include the substance of this prow-
sion m all subcontracts
B Orgamzatton agrees to retmn all books, records, documents, reports, and written account-
lng procedures pertmnmg to the operation of programs and expenditures of funds under
this Agreement for five years
C Nottung in the above subsections shall be construed to reheve Organization of responsx-
bthty for retmmng accurate and current records which clearly reflect the level and benefit
of services provided under this Agreement
D At any reasonable time and as often as City may deem necessary, the Orgamzatlon shall
make avmlable to City, HUD, or any of their anthonzed representatives, all of its records
and shall permit C~ty, HUD, or any of their authorized representatives to audit, examine,
make excerpts and copies of such records, and to conduct audits of all contracts, invoices,
materials, payrolls, records of personnel, conditions or employment and all other data re-
quested by smd representatives
Page 5 of 17
9
REPORTS AND INFORMATION
At such times and m such form as City may reqmre, Organization shall furnash such
statements, records, data and mformaUon as City may request and deem pertanent to matters cov-
ered by this Agreement
Organazatlon shall submat quarterly beneficaary and financial reports to Caty no less than
once each three months The beneficiary report shall detail claent information, including race,
income, female head of household and other statistics required by City The financial report shall
include mformataon and data relative to all programmatic and f'mancaal reporting as of the begin-
ning date specified in Sectaon 1 of flus Agreement
Unless the City has granted a written exemptaon, Orgamzatlon shall submat an audit con-
ducted by independent examiners with ten days after receipt of such
10.
EVALUATION
Orgamzation agrees to participate m an implementation and maintenance system whereby
the servaces can be continuously momtored Orgamzation agrees to make available its financaal
records for rewew by City at City's dlscretlen In ad&tion, Organlzataon agrees to provade City
the following data and reports, or copaes thereof
A All external or internal audits Orgamzatlon shall submit a copy of the annual andepend-
ent audat to City waflun ten days ofreeeapt
B All external or internal evaluation reports
C Quarterly performance/beneficiary reports to be submatted an January, April, July and
September, to anelude such information as requested by the Caty's Community Develop-
ment Davas~on ancludang but not lannted to number of persons or households assisted,
race, gender, dlsablhty status and household income
D Orgamzataon agrees to submat quarterly finaneaal statements in January, April, July, and
September Each statement shall anelude current and year-to-date period accountang of
all revenues, ex- ndltures, outstanding obhgataons and beginning and ending balances
E An explanation o~ any major changes m program services
F To comply w~th flus section, Organization agrees to maintain records that wall provide
accurate, current, separate, and complete dasclosure of the status of funds receaved and
the servxces performed under flus Agreement Organization's record system shall contaan
sufficient documentation to provade in detail full support and justafication for each ex-
penditure Organization agrees to retain all books, records, documents, reports, and writ-
Page 6 of 17
ten accountmg procedures pertalmng to the serwces prowded and expendature of funds
ur~der tins Agreement for the period of time and under the condataons specffied by the
C~ty
G N0th~ng an the above subsectaons shall be construed to reheve Organlzataon of responsl-
bd~ty for retmmng accurate and current records, which clearly reflect the level and benefit
of services, provtded under tlus Agreement
11
DIRECTOR'S MEETINGS
Dunng the term of tlus Agreement, Organization shall dehver to C~ty copaes of all notmes
of meetings of its Board of D~rectors, se~ng forth the ttme and place thereof Such notme shall
be delivered to C~ty an a tamely manner to give adequate notme, and shall include an agenda and
a brief descnptaon of the matters to be discussed Organization understands and agrees that
C~ty's representatives shall be afforded access to all meetings of~ts Board of Directors
Minutes of all meetings of Orgamzatlon's governing body shall be avmlable to Caty
wathln ten workang days of approval
12.
SUSPENSION OR TERMINATION
A The Caty may terminate this Agreement with cause if the Organizataon wolates any cove-
nants, agreements, or guarantees of th~s Agreement, the Orgamzatlon's ~nsolvency or ill-
~ng of bankruptcy, dissolution, or rece~verslup, or the Organization's violation of any law
or regulation to wbach it as bound under the terms of this Agreement
B The C~ty may terminate thas Agreement for convemence at any t~me If the City term~-
nates thas Agreement for convemence, Orgamzatlon will be prod an amount not to exceed
the total amount of accrued expenditures as of the effectave date of termination In no
event wall tlus compensation exceed an amount, which bears the same rat~o to the total
compensation as the services actually performed bears to the total services of Organaza-
tlon covered by the Agreement, less payments previously made
In case of suspension, C~ty shall adwse Organlzataon, ~n writing, as to conditions prece-
dent to the resumption of funchng and specafy a reasonable d ,' For comphance
In case of terunnataon, Orgamzatlon will remit to C~ty any unexpended City funds Ac-
ceptance of these fimds shall not constatute a wmver of any clmm City may otherwise
have ansang out ofth~s Agreement
Page 7 of 17
13.
PERSONNEL POLICIES
Personnel policies shall be established by Orgamzat~on and shall be avmlable for exami-
nation Such personnel policies shall
A Be no more liberal than City's personnel policies, procedures, and practices, including
policies with respect to employment, salary and wage rates, working hours and holidays,
flange benefits, vacation and sick leave pnvdeges, and travel, and
B Be in writing and shall be approved by the governing body of Organization and by City
14
EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS
A Organlzatlon will submit for City approval, a written plan for compliance with the Equal
Employment and Affirmative Action Federal promslons, within one hundred twenty
(120) days of the effective date of this Agreement
B Orgamzatlon shall comply wxth all applicable equal employment opportunity and af-
firmative action laws or regulations
C Organization will furmsh all reformation and reports requested by City, and will permit
access to its books, records, and accounts for purposes of ~nvestlgat~on to ascertain com-
phance w~th local, State and Federal roles and regulations
D In the event of Orgamzat~on's non-comphance with the non-d~scnm~natlon requirements,
the Agreement may be canceled, terminated, or suspended in whole or m part, and Or-
gamzahon may be barred from further contracts w~th C~ty
15
WARRANTIES
Orgamzation represents and warrants that
A All information, reports and data heretofore or hereafter requested by City and fu_m~shed
to City, are complete and accurate as of the date shown on the information, data, or re-
port, and, since that date, have not undergone any slgmficant change without written no-
tree to C~ty
B Any supporting financial statements heretofore requested by City and furmshed to C~ty,
are complete, accurate and fmrly reflect the financial conditions of Orgamzatlon on the
date shown on smd report, and the results of the operation for the period covered by the
report, and that since smd date, there has been no material change, adverse or otherwise,
in the financial conchtion of Organization
Page 8 of 17
C No litigation or legal proceedings are presently pending or threatened against Organiza-
tion
D None of the provisions herein contravene or are in conflmt with the authority under winch
Organization is doing business or with the provisions of any existing indenture or agree-
ment o f Orgamzatlon
E Organ~zatlun has the power to enter into this Agreement and accept payments hereunder,
and has taken all necessary action to authorize such acceptance under the terms and con-
dltlons of tins Agreement
F None of the assets of Organization are subject to any lien or encumbrance of any charac-
ter, except for current taxes not delinquent, except as shown in the financial statements
funushed by Orgamzation to City
Each of these representataons and warrant~es shall be continuing and shall be deemed to
have been repeated by the subrmsslon of each request for payment
16.
CHANGES AND AMENDMENTS
A Any alterations, additions, or deletions to the terms of this Agreement shall be by written
amendment executed by both parties, except when the terms of tins Agreement expressly
provide that another method shall be used
B Orgamzatlon may not make transfers between or among approved line items wltinn
budget categories set forth m Exhibit B without pnor wntten approval of the Community
Development Admlmstrator for the City Organization shall request, in writing, the
budget rewslon in a form prescnbed by City, and such request for revimon shall not in-
crease the total monetary obligation of City under tins Agreement In addition, budget
revisions cannot slgmficantly change the nature, intent, or scope of the program funded
under this Agreement
C Organization will submit revised budget and program information, whenever the level of
funding for Orgamzatlon or the program(s) described herein is altered according to the
total levels contained ur any portaon of Exinb~t B
D It is understood and agreed by the parties hereto that changes in the State, Federal or local
laws or regulations pursuant hereto may occur dunng the term of tins Agreement Any
such modifications are to be automatically incorporated into tins Agreement without writ-
ten amendment hereto, and shall become a part of the Agreement on the effective date
specified by the law or regulation
Page 9 of 17
E City may, from t~me to time dunng the term of the Agreement, request changes in Exhibit
A wlueh may include an increase or decrease in the amount of Orgamzatlon's compensa-
tion Such changes shall be incorporated in a written amendment hereto, as provided m
Subsection A of tins Section
F Any alterations, deletions, or additions to the Contract Budget Detml incorporated in Ex-
hlblt B shall reqmre the prior written approval of City
G Organization agrees to notify City of any proposed change in physical location for work
performed under flus Agreement at least 30 calendar days in advance of the change
H Organization shall notify City of any changes in personnel or governing board composi-
tion
I It is expressly understood that neither the performance of Exhibit A for any program con-
tracted hereunder nor the transfer of funds between or among said programs will be per-
mltted
17
NOTIFICATION OF ACTION BROUGItT
In the event that any claim, demand, suit or other action is made or brought by any per-
son(s), firm corporation or other entity agmnst Orgamzatlon, Organization shall give written no-
tice thereof to City wlthan two working days after being notified of such clmm, demand, suit or
other action Such notice shall state the date and hour of notification of any such claim, demand,
suit or other action, the names and addresses of the person(s), firm, corporation or other entity
making such chum, or that instituted or threatened to institute any type of action or proceeding,
the basis of such claam, action or proceeding, and the name of any person(s) agmnst whom such
claim is being made or threatened Such written notice shall be delivered either personally or by
mml
18
INDEMNIFICATION
A It is expressly understood and agreed by both parties hereto that City is contracting
with Organization as an independent contractor and that as such, Orgamzation
shall save and hold City, its officers, agents and employees harmless from all habil-
lty of any nature or kind, including costs and expenses for, or on account of, any
claims, audit exceptions, demands, suits or damages of any character whatsoever re-
suiting m whole or m part from the performance or omission of any employee, agent
or representative of Orgamzation
B Organization agrees to provide the defense for, and to indemnify and hold harmless
City its agents, employees, or contractors from any and all claims, suits, causes of
action, demands, damages, losses, attorney fees, expenses, and liability arising out of
Page 10 of 17
the use of these contracted funds and program administration and implementation
except to the extent caused by the willful act or omission of City, its agents or em-
ployeas.
19.
INSURANCE
A Orgamzatlon shall observe sound business practices with respect to providing such bond-
lng and insurance as would promde adequate coverage for services offered under tbas
Agreement
B The premises on and m which the activities described in Exlublt A are conducted, the
employees conducting these acttvltias, shall be covered by premise liability insurance,
commonly referred to as "Owner/Tenant" coverage with City named as an addltxonal
sured Upon request of Orgamzatlon, City may, at its sole discretion, approve alternate
insurance coverage arrangements
C O~gamzat~on will comply with applicable workers' compensation statutes and will obtain
employers' hablhty coverage where available and other appropriate liability coverage for
program pamclpants, if applicable
D Organization will maintain adequate and continuous habfllty insurance on all vehicles
owned, leased, or operated by Orgamzatmn All employees of Organization who are re-
quired to drive a velucle m the normal scope and course of their employment must pos-
sess a valid Texas Driver's license and automobile llablhty insurance Evidence of the
employee's current possession of a valid license and insurance must be mmntmned on a
current basis m Organization's files
E Actual losses are not covered by insurance as required by this Section are not allowable
costs under this Agreement, and remmn the sole responsibility of Organization
F The policy or policies of insurance shall contain a clause which requires that City and
Orgamzatlon be notified in writing of any cancellation or change in the policy at least 30
days prior to such change or cancellation
20
CONFLICT OF INTEREST
A Orgamzatmn covenants that nezther it nor any member of its governing body presently
has any interest, direct or indirect, which would conflict in any manner or degree with the
performance of services reqmred to be performed under this Agreement Organization
further covenants that in the performance &this Agreement, no person having such inter-
est shall be employed or appointed as a member of its governing body
Page 11 of 17
B Orgamzation further covenants that no member of its governing body or ~ts staff, subcon-
tractors or employees shall possess any interest in or use hxs/her position for a purpose
that is or gives the appearance of being motivated by desire for private gain for h~m-
self/herself, or others, particularly those wxth wtuch he/she has £amfly, busmess, or other
C No officer, member, or employee of C~ty and no member of its govermng body who
erc~ses any fimctlon or responslbthtles m the review or approval of the undertaking or
carrying out of this Agreement shall pamelpate an any dee~sxon relatang to the Agreement
wluch affects his or her personal interest or the interest in any corporation, partnership, or
assoelatmn in which he or she has a ~hrect or md~rect interest
21.
NEPOTISM
Orgamzatlon shall not employ m any prod capacxty any person who is a member of the
~mmed~ate family of any person who Is currently employed by Organization, or is a member of
Organization's governing board The term "member of ~mmedmate family" includes wife, hus-
band, son~ daughter, mother, father, brother, s~ster, xn-laws, aunt, uncle, nephew, mece, steppar-
ent, stepchild, half-brother and half-sister
NOTICE
Any notice or other written ~nstrument reqmred or permitted to be dehvered under the
terms of this Agreement shall be deemed to have been dehvered, whether actually receaved or
not, wher~ deposited in the Umted States marl, postage prepmd, registered or certified, return re-
ceipt requested, addressed to Orgamzat~on or City, as the case may be, at the following ad-
dresses
Page 12 of 17
CITY ORGANIZATION
C~ty of Denton, Texas Denton C~ty County Day School
Att~ C~ty Manager ATTN Carolyn Berry, D~reetor
215 E McK~uney 1603 Pmsley
Denton, TX 76201 Demon, TX 76201
E~ther party may change ~ts mmhng address by sending notme of change of address to the
other at the above address by certffied mml, return receipt requested
23.
MISCELLANEOUS
A Orgamzat~on shall not transfer, pledge or otherwise assign th~s Agreement or any ~nterest
thereto, or any clann arising thereunder to any party or part, es, bank, trust company or
other financial mst~tut~on w~thout the prior written approval of C~ty
B If any prowsmn of th~s Agreement ~s held to be mvahd, dlegal, or unenforceable, the re-
mmmng prows~ons shall remmn m full force and effect and ¢ontxnue to conform to the
original ~ntent of both part.es hereto
C In no event shall any payment to Organization hereunder, or any other act or fmlure of
C~ty to ms,st m any one or more ~nstanees upon the terms and conditions of thru Agree-
ment constitute or be construed m any way to be a wmver by C~ty of any breach of cove-
nant or default whmh may then or subsequently be committed by Orgamzat~on Netther
shall such payment, act, or om~ssmn m any manner ~mpmr or prejuthce any right, power,
pnwlege, or remedy avmlable to Ctty to enforce ~ts rights hereunder, whmh nghts, pow-
ers, pnwleges, or remedms are always spemfically preserved No representative or agent
of C~ty may wmve the effect of this prov~smn
D Tl~s Agreement, together wtth referenced exhibits and attachments, constttutes the entire
agreement between the partms hereto, and any prior agreement, assertion, statement,
dorstandmg, or other comvmtmont oceurnng dunng the term of th~s Agreement, or subse-
quent thereto, have any legal force or effect whatsoever, unless properly executed m writ-
ing, and ff appropriate, recorded as an amendment of thxs Agreement
E In the event any drsagreement or d~spute should arise between the t', ~ hereto pertmn-
~ng to the ~nterpretatmn or meamng of any part of th~s Agreement or ~ts govermng rules,
codes, laws, ordinances, or regulatxons, C~ty as the party ultimately responsible to HUD
for matters of eomphance, will have the final authority to render or to secure an ~nterpre-
tat~on
Page 13 of 17
F Th~s Agreement shall be interpreted m accordance w~th the laws of the State of Texas and
venue of any ht~gat~on concermng th~s Agreement shall be m a court of competent juns-
dmt~on s~ttmg ~n Denton County, Texas
IN WITNESS WHEREOF, the part,es do hereby affix their signatures and enter into thts
Agreement as of the day of ,2000
CITY OF DENTON, TEXAS
MICHAEL W JEZ, CITY MANAGER
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
DENTON CITY-COUNTY DAY SCHOOL
ATTEST'
BOARD SECRETARY
Page 14of17
EXHIBIT A
WORK STATEMENT
* Provtde cinldcare to cinldren from low to moderate-income families in the Denton area
· The orgamzation will serve cluldren ranging in age from 18 month to 5 ~ years In order
to qualify for services, parents must be working, going to school full time, or doing both
part time, or actively seelang employment
· The orgamzation will be open Monday through Friday from 6 30 a m to 5 30 p m
· The children wffi be served breakfast and lunch dmly with all food meeting federal re-
qmrements for a cinldcare facihty
· Cumculum will place emphasis on cogmtlve, affectlve, and psychomotor learning slalls,
good health habits, and physical development Emphas~s is placed on enhancing the self-
concept of each mchvldual child, as this ~s very s~gulficant for Ins/her future success
· Provide a safe, healthy enmronment that will meet the development needs of the child
Activltlas will be designed for each age group to meet the ~nd~vldual and group needs
The cumculum will include education emphasizing effective learning skills, creative arts,
motor slalls development, physical development, speech development, music, personal
hygiene and manners
· Program must be licensed by the Texas Department of Protective and Regulatory Ser-
vices
· Must meet or exceed the Texas Department of Human Services minimum standards for
Day Care Centers
· Must be a Child Care Management Systems designated vendor
OUTCOME MEASURES
· Orgamzatlon will conduct pre and post assessments to determine kindergarten readl-
ness on each child attending the school Pre assessments will take place in September
or when the cInld begms the school year Post assessments will take place in April
75% of cinldren will be able to master 90% of the pre kindergarten goals
Page 16 of 17
EXHIBIT B
BUDGET
C~ty of Denton funding $26,000 00
All for Teachers' Salaries
Monthly Request $ 2,166 66
Page 17 of 17
Agenda No ~
AGENDA INFORMATION SHEET Agenda Item
AGENDA DATE. September 26, 2000 Questtons concerning this
acqms~tton may be directed
DEPARTMENT: Materials Management to Barbara Ross 349-7235
ACM: Kathy DuBose, Fiscal and Mumclpal Servlcas~
SUBJECT:
An Ordinance accepting competitive b~ds and awarding a contract for prenatal program for low-
income famihes, providing for the expendtture of funds therefore, and providing for an effective
date (Btd 2526A - Prenatal Program for Low-Income Famd~es, awarded to Famdy Health Care,
Inc, for $25,000)
BID INFORMATION:
Provide prenatal care to non-Med~cmd ehg~ble pregnant women who have financtal d~fficulttes
and are unable to afford prenatal care wathout some assistance
The servmes these women wall reemve wall include ~mtml prenatal v~s~t wath bastory, physical,
sonogram, lab work, and socml worker assessment
Work wath the Denton County Health Department to provtde outreach on prenatal care and
partm~pate wath the Denton County Health Department on any ~nfant mortahty projects or work
groups
Chems wall be prowded the oppormmty to attend chddb~rth and parenthood classes
Advanced Practace Nurses (APN) wall pmwde ehent care and consult wath the supervising
physicians as appropriate
RECOMMENDATION:
We recommend th~s be awarded to the sole b~dder, Family Health Care, Inc, ~n the amount of
$25,000
PRINCIPLE PLACE OF BUSINESS:
Family Health Care, Inc
Demon, TX
ESTIMATED SCHEDULE OF PROJECT:
Tins agreement shall commence upon approval and terminate on September 30, 2001, unless
sooner tenmnated m accordance wath Section XXVI "Termination" under the contract
agreement.
Agenda Information Sheet
September 26, 2000
Page 2
FISCAL INFORMATION'
CDBG funds have been appropriated for th~s program account (219-05H-CDHR-8502)
Respectfully submitted
Tom Shaw, C P M, 349-7100
Purchasing Agent
Attachment 1 Tabulation Sheet
1435 AGENDA
ATTACHMENT 1
TABULATION SHEET
B~d # 2526A Date 8/8/00
Prenatal Program for Low-Income Families
' DESCRi~iON VENDOR
~ "*~ Famdy Health, Inc,
Principle Place of Business Denton, TX
TOTAL BASE BID $25,000 00
ORDINANCE NO
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
PRENATAL PROGRAM FOR LOW-INCOME FAMILIES, PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE
(BID 2526A - PRENATAL PROGRAM FOR LOW-INCOME FAMILIES, AWARDED TO
FAMILY HEALTH CARE, INC, FOR $25,000)
WHEREAS, the C~ty bas sohetted, received and tabulated competmve bds for the purchase of
necessary matenala, eqmpment, supphes or services m accordance wah the procedures of STATE law
and C~ty ordinances, and
WHEREAS, the City Manager or a designated employee has reviewed and recommended that
the hereto described bds are the lowest respons~le b~ds for the materials, eqmpment, supphes or
semces as shown m the "Bd Proposals" subrmtted therefore, and
WHEREAS, the C~y Cotmetl has promded m the C~ty Budget for the appropriation of funds
to be used for the purchase of the materials, eqtupment, supphes or set.cas approved and accepted
hereto, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I, That the following ¢ompetlttve bds for materials, eqmpment, supphes, or
servaces, desen'bed m the "B~d Proposals" on file m the office of C~ty's Purchasing Agent filed
according to the bid number assigned hereto, are hereby accepted and approved as being the lowest
responsible btds for such ~tems
BID ITEM
NUMBER NO CONTRACTOR AMOUNT
2526A ALL FAMILY HEALTH CARE, INC $25,000
SECTION II That the acceptance and approval of the above compet~trve b~ds, the C~ty
accepts the offer of the persons subrmttmg the bids for such Items and agrees to purchase the
materials, eqmpment, supphes or services m accordance w~th the terms, speeLficat~ons, standards,
quantmes and for the speeflied sums contained tn the Bid Inwtat~ons, B~d Proposals, and related
documents
SECTION III That the City and persons subrr~¢ ~g approved and accepted ~tems and oftbe
subnutted bids wish to enter rote a formal written agreement as a result of the acceptance, approval,
and awarding of the b~ds, the Ctty Manager or las das~gnated representative ~s hereby authorized to
execute the written contracts wlaeh ghnll be attached hereto, provaded that the written contract ~s tn
accordance vath the terms, eomhtlons, speetfieattons, standards, quanm~es and specified sums
contained m the Bid Proposal and related documents hereto approved and accepted
EC~E_C_~O__N_~ That by the acceptance and approval of the above compeUt~ve b~ds, the C~ty
Councd hexeby anthorv, es the expends'ute of funds therefor m the amount and m accordance wah the
approved bids or pursuant to a vYr~tten contract made pursuant thereto as authorized here~
~ That tim ordLrumee shall become effective unmedmtely upon ~ts passage and
approvaL
PASSED AND APPROVED tbas the day of ,2000
EULINE BROCK, MAYOR
ATTEST'
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
2526A PRENATAL PROGRAM FOR LOW-INCOME FAMILIES CONTRACT ORDINANCE
2000-2001
CDBG SERVICE
AGREEMENT BETWEEN THE CITY OF DENTON AND
FAMILY HEALTH CARE, INC
BID #2526
Th~s Agreement is made and entered into by and between the City of Denton, a Texas
mummpal corporation, acting by and through ~ts City Manager, pursuant to ordinance, hereinaf-
ter referred to as CITY, and Faxmly Health Care, Inc, 513 South Locust, Denton, TX 76201, a
Texas non-profit corporation, herema~er referred to as CONTRACTOR
WHEREAS, CITY has received certain funds from the U S Department of Housing and
Urban Development under Title I of the Housing and Commumty Development Act of 1974, as
amended, and
WHEREAS, CITY has adopted a budget for such funds and included thereto an author-
ized budget for expenditure of funds for, and
WHEREAS, CITY has designated the Commumty Development Office as the d~ws~on
responsible for the adm~mstratmn ofth~s Agreement and all matters pertaining thereto, and
WHEREAS, CITY w~shes to engage CONTRACTOR to carry out such project,
NOW, THEREFORE, the part,es hereto agree, and by the execution hereof are bound to
the mutual obhgat~ons and to the performance and aecomphshment of the conditions herema~er
described
1
TERM
Th~s Agreement shall commence on or as of October 1, 2000, and shall terminate on Sep-
tember 30, 2001, unless sooner terminated m accordance with Section 26 "Tenmnatlon"
2.
RESPONSIBILITIES
CONTRACTOR hereby accepts the responsibfl~ty for the performance of all servmes and
actlwtles described m the Work Statement attached hereto as Exhibit A, and ~ncorporated herein
by reference, in a satisfactory end effiment manner as determined by CITY, in accordance w~th
the terms hereto CITY will consider CONTRACTOR's executive officer to be CONTRAC-
TOR's representative responsible for the management of all contractual matters pertmmng
hereto, unless written notfficat~on to the contrary ~s received from CONTRACTOR, and ap-
proved by CITY
Page 1 of 22
The CITY's Commumty Development Administrator will be CITY's representative re-
sponsible for the admimstratlon of this Agreement
CITY'S OBLIGATION
A Limit of Liability. CITY will reLrnburs¢ CONTRACTOR for expenses incurred pursu-
ant and ~n accordance w~th the project budget attached hereto as exhibit B and incorpo-
rated herein by reference Notwithstanding any other provision of the Agreement, the to-
tal of all payments and other obhgat~ons made or ~ncurrad by CITY hereunder shall not
exceed the sum of $25,000 00 (Twenty Five Thousand Dollars)
B. Measure of Llainhty In consxderation of full and satisfactory services and actlwt~es
hereunder by CONTRACTOR, CITY shall make payments to CONTRACTOR based on
the Budget attached hereto and incorporated herein for all purposes as Erdub~t B, subject
to,the limitations and provisions set forth in th~s Section and Section 7 ofttus Agreement
(1) The part, es expressly understand and agree that CITY's obhgatlons under this
Seetiun are contingent upon the actual receipt of adequate Commumty Develop-
ment Block Grant (CDBG) funds to meet CITY's liabilities under this Agreement
If adequate funds are not avmlable to make payments under flus Agreement,
CITY shall not~fy CONTRACTOR in wntmng within a reasonable time after such
fact has been determined CITY may, at 1ts optmn, either reduce the amount of ars
hability, as specified m Subsection A of this Section or termmate the Agreement
If CDBG funds eligible for use for purposes of th~s Agreement are reduced, CITY
shall not be hable for further payments due to CONTRACTOR under this Agree-
ment
(2) It is expressly understood that th~s Agreement ~n no way obhgates the General
Fund or any other momes or credits of the C~ty of Denton
(3) CITY shall not be liable for any cost or portion thereof which
(a) has been pa~d, remabursed or ~s subject to payment or reimbursement,
from any other source,
(b) was incurred prior to the beginning date, or after the ending date specified
in Section 1,
(c) IS not In strict accordance with the terms of th~s Agreement, ~ncluding all
exhibits attached hereto,
Page 2 of 22
(d) has not been billed to CITY within 90 calendar days following bdhng to
CONTRACTOR, or termination of the Agreement, whichever date is ear-
her, or
(e) is not an allowable cost as defined by Section 11 of this Agreement or the
project budget
(4) CITY shall not be hable for any cost or portion thereof wluch is incurred with re-
spect to any activity of CONTRACTOR reqmnng prior written authorization
form CITY, or after CITY has requested that CONTRACTOR furmsh data con-
cemmg such action prior to proceeding further, unless and until CITY advises
CONTRACTOR to proceed
(5) CITY shall not be obligated or liable under this Agreement to any party other than
CONTRACTOR for payment of any momes or provision of any goods or ser-
vices
4.
COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
A CONTRACTOR shall comply w~th all applicable federal laws, laws of the State of Texas
and orchnances of the City of Denton
5
REPRESENTATIONS
A CONTRACTOR assures and guarantees that it possesses the legal authority, pursuant to
any proper, appropriate and officml motion, resolution or action passed or taken, to enter
into tins Agreement
B The person or persons slgrung and executing this Agreement on behalf of CONTRAC-
TOR, do hereby warrant and guarantee that he, she, or they have been fully authorized by
CONTRACTOR to execute th~s Agreement on behalf of CONTRACTOR and to validly
and legally b~nd CONTRACTOR to all terms, performances and provisions herein set
forth
C CITY shall have the right, at its option, to either temporarily suspend or permanently
terminate this Agreement if there is a dispute as to the legal authority of either CON-
TRACTOR or the person sxgmng the Agreement to enter into this Agreement CON-
TRACTOR xs liable to CITY for any money it has received from CITY for performance
of the provaslons of th~s Agreement if CITY has suspended or terminated tlus Agreement
for the reasons enumerated m tins Section
D CONTRACTOR agrees that the funds and resources provided CONTRACTOR under the
terms of this Agreement will m no way be substituted for funds and resources from other
Page 3 of 22
sources, nor ~n any way serve to reduce the resources, services, or other benefits which
would have been available to, or provided through, CONTRACTOR had th~s Agreement
not been executed
6
PERFORMANCE BY CONTRACTOR
CONTRACTOR will provide, oversee, administer, and carry out all of the activities and
services set out m the WORK STATEMENT, attached hereto and incorporated herem for all
purposes as Exfub~t A, utilizing the funds described in Exhibit B, attached hereto and mcorpo-
rated hereto for all purposes and deemed by both part,es to be necessary and sufficient payment
for full and satisfactory performance of the program, as determined solely by CITY and m ac-
cordance w~th all other terms, prowsaons and reqmrements ofthts Agreement
No modifications or alterations may be made ~n the Work Statement without the prior
written approval of the City's Commumty Development Adm~mstrator
7.
PAYMENTS TO CONTRACTOR
A Payments to Contractor. The CITY shall pay to the CONTRACTOR a maximum
amount of money totaling twenty five thousand dollars ($25,000 00) for services ren-
dered under flus Agreement CITY will pay these funds on a reimbursement bas~s to the
CONTRACTOR withm twenty days after CITY has received supporting documentation
CONTRACTOR's failure to request reimbursement on a t~mely basis may jeopardize
present or future funding
Funds are to be used for the sole purpose ofprowdmg prenatal care to indigent persons
B Excess Payment CONTRACTOR shall refund to CITY within ten working days of
CITY's request, any sum of money which has been paid by CITY and which CITY at any
t~me thereafter determines
(1) has resulted m overpayment to CONTRACTOR, or
(2) has not been spent strictly ~n accordance w~th the terms of th~s Agreement, or
(3) ~- r~ oupported by adequate documentation to fully justify the expenditure
C Disallowed Costs/Reversion of Assets. Upon terminated of th~s Agreement, should any
expense or change for which payment has been made be subsequently d~sallowed or d~s-
approved as a result of any andatmg or momtonng by CITY, the Department of Housing
and Urban Development, or any other Federal agency, CONTRACTOR will refund such
amount to CITY w~thm ten workmg days of a written not~ee to CONTRACTOR, which
specifies the amount d~sallowed If CITY finds that CONTRACTOR ~s unwflhng and/or
Page 4 of 22
unable to comply with any of the terms of this Contract, CITY may require a refund of
any and all money expended pursuant to this Contract by CONTRACTOR, as well as any
remaining unexpended funds which shall be refunded to CITY within ten worlang days
of a written notice to CONTRACTOR to revert these financial assets The revision of
these financial assets shall be in addition to any other remedy avmlable to CITY either at
law or in eqmty for breach of this Contract
Refunds of disallowed costs may not be made from these or any funds received from or
through CITY
D. Obligation of Funds. In the event that actual expenditure rates deviate from CON-
TRACTOR's provmlon of a corresponding level of performance, as specified in Exfublt
A, CITY hereby reserves the right to reappropnate or recapture any such underexpended
funds
E. Contract Close Out. CONTRACTOR shall submit the Agreement close out package to
CITY, together with a final expenditure report, for the time period covered by the last in-
voice requesting reimbursement of funds under this Agreement, within 15 working days
following the close of the Agreement period CONTRACTOR shall utilize the form
agreed upon by CITY and CONTRACTOR
8
WARRANTIES
CONTRACTOR represents and warrants that
A All Information, reports and data heretofore or hereafter requested by CITY and fur-
mshed to CITY, are complete and accurate as of the date shown on the reformation, data,
or report, and, since that date, have not undergone any sigmficant change without written
notice to CITY
B Any supporting financial statements heretofore requested by CITY and furmshed to
CITY, are complete, accurate and fairly reflect the financial condition of CONTRAC-
TOR on the date shown on said report, and the results of the operation for the period cov-
ered by the report, and that since said date, there has been no material change, adverse or
otherwise, m the financial condmon of CONTRACTOR
C No litigation or legal proceedings are presently p~ d~ ~ or threatened agmnst CON-
TRACTOR
D None of the provisions herein contravene or are m conflmt w~th the authority under which
CONTRACTOR is doing business or with the provisions of any ex~stmg indenture or
agreement of CONTRACTOR
Page 5 of 22
E CONTRACTOR has the power to enter into this Agreement and accept payments here-
under, and has taken all necessary action to authorize such acceptance under the terms
and eundstlons of this Agreement
F None of the assets of CONTRACTOR is subject to any lien or encumbrance of any char-
acter, except for current taxes not delinquent, except as shown m the financial statements
furmshed by CONTRACTOR to CITY
Each of these representations and warranties shall be continuing and shall be deemed to
have been repeated by the submlss~on of each request for payment
9.
COVENANTS
A Dunng the period of time that payment may be made hereunder and so long as any pay-
ments remain unhqtadated, CONTRACTOR shall not, without the prior written consent
of the Commumty Developmant Admunstrator or her anthonzed representative
(1) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the
assets of CONTRACTOR now owned or hereafter acquired by it, or pernut any
pre-exlsttng mortgages, hens, or other encumbrances to remain on, or attached to,
any assets of CONTRACTOR which are allocated to the performance of this
Agreement and with respect to which CITY has ownership hereunder
(2) Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes
or claims for money due or to become due
(3) Sell, convey, or lease all or substantial part of its assets
(4) Make any advance or loan to, or incur any hablhty for any other firm, person, en-
tity or corporation as guarantor, surety, or accommodation endorser
(5) Sell, donate, loan or lxansfer any equipment or item of personal property pur-
chased with funds pasd to CONTRACTOR by CITY, unless CITY authorizes
such transfer
B Should CONTRACTOR use funds received under this Agreement to acquire or lmprovc
real property under CONTRACTOR's control, CONTRACTOR agrees and covenants
(1) That the property shall be used to meet one of the national objectives stated in 24
CFR $70 until August 31, 2006
(2) That should CONTRACTOR transfer or otherwqse dispose of said property on or
before August 31, 2005, CONTRACTOR shall reimburse CITY in the amount of
the fair market value of fins property less any portion of the value attributable to
Page 6 of 22
expenditures of non-CDBG funds for acqmmlon of, or improvement to, the prop-
erty
C CONTRACTOR agrees, upon written request by CITY, to reqmm its employees to attend
trmmng sessions sponsored by the Commnnlty Development Office
10.
ALLOWABLE COSTS
A Costs shall be considered allowable only ~f incurred directly and specifically in the per-
formance of and m compliance w~th this Agreement and m conformance with the stan-
dards and provisions of Exhibits A and B
B Approval of CONTRACTOR's budget, Exhlbmt B, does not constitute prior written ap-
proval, even though certmn ~tems may appear herein CITY's prior written authorization
~s reqmred m order for the following to be considered allowable costs
(1) Encumbrances or expenditures dunng any one month period which exceeds one-
fifth (1/5) of the total budget as specified in Exhibit B
(2) CITY shall not be obligated to any third parties, ancludlng any subcontractors of
CONTRACTOR, and CITY funds shall not be used to pay for any contract ser-
wce extending beyond the expiration of this Agreement
(3) Out of town travel
(4) Any alterations or relocation of the faclht~es on and in which the activities speci-
fied m Exhibit A are conducted
(5) Any alterations, deletions or additions to the Personnel Schedule ~ncorporated in
Exluba B
(6) Costs or fees for temporary employees or services
(7) Any fees or payments for consultant services
(8) Fees for attending out of town meetings, seminars or conferences
Written requests for prior approval are CONTRACTOR's respons~bthty and shall be
made wlttun sufficient time to permit a thorough review by CITY CONTRACTOR must obtam
written approval by CITY prior to the commencement of procedures to sohc~t or purchase ser-
vices, eqmpment, or real or personal property Any procurement or purchase which may be ap~
proved under the terms of this Agreement must be conducted in ~ts entirety in accordance with
the provisions of tins Agreement
Page 7 of 22
11.
PROGRANI INCOME
A For purposes of this Agreement, program income means earnings of CONTRACTOR
realized from acttvit~es resulting from this Agreement or from CONTRACTOR's man-
ag~ment of funding provided or received hereunder Such earnings include, but are not
hrmted to, income from interest, usage or rental or lease fees, income produced from con-
tract-supported services of individuals or employees or from the use or sale of eqmpment
or facilities of CONTRACTOR provided as a result of this Agreement, and payments
from clients or tlurd part,es for services rendered by CONTRACTOR under this Agree-
ment
B CONTRACTOR shall mamtam records of the receipt and disposition of program income
m the same manner as reqmred for other contract funds, and reported to CITY in the for-
mat prescribed by CITY CITY and CONTRACTOR agree, based upon advice received
from representattves of the U S Department of Housing and Urban Development (HUD),
that any fees collected for services performed by CONTRACTOR shall be spent only for
service provision These fees or other program income will be deducted from the regular
reimbursement request
C CONTRACTOR shall include fins Section in its entirety in all of its sub-contracts wluch
involve other raceme-producing services or activities
D It is CONTRACTOR's responsibility to obtmn fi'om CITY a prior determination as to
whether or not income arising chrectly or indirectly from this Agreement, or the perform-
ante thereof, constitutes program income CONTRACTOR is responsible to CITY for
the repayment of any and all amounts determined by CITY to be program income, unless
otherwise approved in writing by CITY
12
MAINTENANCE OF RECORDS
A CONTRACTOR agrees to mamtmn records that will provide accurate, current, separate,
and complete rhsclosure of the stares of the funds received under flus Agreement, in
compliance with the provisions of Exhibit B, attached hereto, and with any other applica-
ble Federal and State regulations establishing standards for financial management CON-
TRACTOR's record system shall contmn sufficient documentation to provide in detml
full support and justffication for each expenditure Nothing in this Section shall be con-
stmed to relieve CONTRACTOR of fiscal accountability and liability under any other
pmmsion of fins Agreement or any applicable law CONTRACTOR shall include the
substance ofttus provision m all subcontracts
B CONTRACTOR agrees to retmn all books, records, documents, reports, and written ac-
counting procedures perta~mng to the operation of programs and expenditures of funds
under this Agreement for five years
Page 8 of 22
C Nothing an the above subsectaons shall be construed to reheve CONTRACTOR of re-
sponsabahty for retmmng accurate and current records whach clearly reflect the level and
benefit of serwces provaded under flus Agreement
D At any reasonable t~me and as often as CITY may deem necessary, the CONTRACTOR
shall make available to CITY, HUD, or any of thear authorized representataves, all of tts
records and shall permat CITY, HUD, or any of thear authorized representataves to audit,
exarmne, make excerpts and copaes of such records, and to conduct and~ts of all contracts,
anvomes, materials, payrolls, records of personnel, conditions or employment and all
other data requested by said representataves
13
REPORTS AND INFORMATION
At such tmaes and m such form as CITY may reqmre, CONTRACTOR shall fummh such
statements, records, data and mformataon as CITY may request and deem pertinent to matters
covered by ttus Agreement
CONTRACTOR shall submit quarterly beneficmry and financaal reports to CITY no less
than once each three months The benefimary report shall detml chent ~nformatlon, including
race, ancome, female head of household and other statmtacs reqmred by CITY The financial re-
port shall mclude mformataon and data relative to all programmatac and financml reportang as of
the begmmng date specffied m Section 1 ofth~s Agreement
Unless the CITY has granted a written exemption, CONTRACTOR shall submat an andlt
conducted by mdependent examiners wathln ten days after receapt of such
14
MONITORING AND EVALUATION
A CITY shall perform on-sate momtonng of CONTRACTOR's performances under thru
Agreement
B CONTRACTOR agrees that CITY may carry out momtonng and evaluataon act~wtaes to
ensure adherence by CONTRACTOR to the Work Statement, and Program Goals and
Objeetaves, whaeh are attached hereto as Exhabat A, as well as other promsmns of tbas
Agreement
C CONTRACTOR agrees to cooperate fully w~th CITY an the development, ~mplementa-
tmn and maintenance of record-keeping systems and to provade data determined by CITY
to be necessary for CITY to effeot~vely fulfill ats momtonng and evaluation respons~bfla-
ties
Page 9 of 22
D CONTRACTOR agrees to cooperate in such a way so as not to obstruct or delay CITY In
such momtonng and to deslsnate one of its staff to coordinate the momtonng process as
requested by CITY staff
E After each official momtonng visit, CITY shall provide CONTRACTOR with a written
report ofmomtormg findings
F CONTRACTOR shall submit copies of any fiscal, management, or audit reports by any
of CONTRACTOR's funding or regulatory bodies to CITY within five working days of
receipt by CONTRACTOR
15.
DIRECTORS' MEETINGS
Dunng the terms of fins Agreement, CONTRACTOR shall cause to be delivered to CITY
copies of all notmes of meetings of its Board of Directors, setting forth the time and place
thereof Such notice shall be dehvered to CITY in a timely manner to give adequate notice, and
shall include an agenda and a brief description of the matters to be discussed CONTRACTOR
understands and agrees that CITY representatives shall be afforded access to all of the Board of
Directors' meetings
Minutes of all meetings of CONTRACTOR's governing body shall be available to CITY
within ten working days of approval
16
INSURANCE
A CONTRACTOR shall observe sound business practices with respect to providing such
bonchng and insurance as would provide adequate coverage for services offered under
this Agreement
B The premises on and in which the actiwtles described in Exhibit A are conducted, and the
employees conducting these activities, shall be covered by premise liability insurance,
commonly referred to as "Owner/Tenant" coverage with CITY named as an additional
insured Upon request of CONTRACTOR, CITY may, at its sole discretion, approve al-
ternate insurance coverage arrangements
C CONTRACTOR ~,~ ~ Jmply with applicable workers' compensation statues and will
obtain employers' liability coverage where avmlable and other appropriate liability cov-
erage for program partlmpants, if apphcable
D CONTRACTOR will mamtmn adequate and continuous liability insurance on all velucles
owned, leased or operated by CONTRACTOR All employees of CONTRACTOR who
are reqmred to drive a vebacle in the normal scope and course of their employment must
possess a valid Texas driver's license and automobile liability insurance Evidence of the
Page 10 of 22
emPloyee's current possession of a vahd license and insurance must be maintained on a
current bas~s m CONTRACTOR's files
E Actual losses not covered by insurance as reqmred by this Section are not allowable costs
under th~s Agreement, and remain the sole responsibility of CONTRACTOR
F The pohcy or pohc~es of insurance shall contain a clause which requires that C~ty and
Contractor be not~fied m wntang of any cancellation of change m the pohcy at least 30
days prior to such change or cancellation
17
EQUAL OPPORTUNITY
A CONTRACTOR shall submit for CITY's approval, a written plan for comphance with
the Equal Employment and Affirmative Action Federal prowsxons, within 30 days of the
effective date of tlms Agreement
B CONTRACTOR shall comply ,nth all apphcable equal employment oppomm~ty and af-
firmative actton laws or regulatxons
C CONTRACTOR w~ll furmsh all mformat~on and reports requested by the CITY, and will
penmt access to ~ts books, records, and accounts for purposes of mvest~gatton to ascertmn
comphance with local, state and Federal rules and regulations
D In the event of CONTRACTOR's non-comphance w~th the non-dlscnmmation require-
merits, CITY may cancel or temunate the Agreement ~n whole or m part, and CON-
TRACTOR may be barred from further contracts w~th CITY
18.
PERSONNEL POLICIES
Personnel pohc~es shall be established by CONTRACTOR and shall be avmlable for ex-
amination Such personnel pohcles shall
A Be no more hberal than CITY's personnel policies, procedures, and practices, lnclud~ng
pohc~es w~th respect to employment, salary and wage rates, working hours and hohdays,
fnnge benefits, vacation and s~ck leave pnwleges, and travet~ v ~d
B Be ~n writing and shall be approved by the governing body of CONTRACTOR and by
CITY
19.
CONFLICT OF INTEREST
Page 11 of 22
A CONTRACTOR covenants that heather ~t nor any member of ats governing body pres-
enfly has any interest, darect or redirect, wbach would conflict in any manner or degree
wath the performance of servaces reqmred to be performed under tbas Agreement CON-
TRACTOR further covenants that m the performance of this Agreement, no person hav-
ing such anterest shall be employed or appointed as a member of its govermng body
B CONTRACTOR further covenants that no member of its govemang body or ats staff, sub-
contractors or employees shall possess any interest an or use bas posltaon for a purpose
that is or gaves the appearance of being motavated by desire for private gmn for bamself,
or~others, partacularly those wath wbach he has family, busaness, or other
C No officer, member, or employee of CITY and no member of ats govermng body who
exemlses any function or responslbaht~es m the revaew or approval of the undertaking or
carrying out of tbas Agreement shall partmapate m any demsaon relating to the Agreement
wbach affects tus or her personal anterest or the anterest in any corporataon, parmersbap, or
assocmt~on m wbach he or she has a darect or ~nd~rect interest
20.
NEPOTISM
CONTRACTOR shall not employ in any prod capacity any person who as a member of
the ammethate fanuly of any person who as currently employed by CONTRACTOR, or is a
member of CONTRACTOR's governing board The term "member of immediate femlly"
cludes wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew,
mece, step-parent, step~child, half-brother and half-saster
21.
POLITICAL OR SECTARIAN ACTIVITY
A None of the performance rendered hereunder shall anvolve, and no portion of the funds
receaved by CONTRACTOR hereunder shall be used, either chrectly or ~nd~rectly, for any
pohtacal actavaty (mcluchng, but not hmated to, an activity to further the electaon or defeat
of any canchdate for public office) or any actlvaty undertaken to influence the passage,
dOfeat or final content of legaslataon
B None of the performance rendered hereunder shall involve, and no portion of the funds
receaved by CONTRACTOR hereunder shall be used for or apphed darectly or indirectly
to the constmctaon, operation, maintenance or admamstrataon, or be utthzed so as to bene-
fit m any manner any sectarian or rehglous facthty or actlvaty
22.
PUBLICITY
A Where such actaon as appropriate, CONTRACTOR shall publlcaze the actavltles con-
ducted by CONTRACTOR under tbas Agreement In any news release, sign, brochure, or
Page 12 of 22
other advertising medium, disseminating information prepared or distributed by or for
CONTRACTOR, the advertising medium shall state that the U S Department of Housing
and Urban Development's Community Development Block Grant Program funding
through the City of Denton has made the project possible
B All published material and written reports submitted under this project must be originally
developed material unless otherwise specifically provided m this Agreement When ma-
terial not originally developed is included in a report, the report shall identify the source
in the body of the report or by footnote This provision is applicable when the material is
~n a verbatim or extensive paraphrase format
All published material submitted under this project shall include the following reference
on the front cover or title page
Tlus document is prepared in accordance with the City of Denton's Com-
mumty Development Block Grant Program, with funding received from
the Umted States Department of Housing and Urban Development
C All reports, documents, studies, charts, schedules, or other appended documentation to
any proposal, content of basic proposal, or contracts and any responses, mqmnes, corre-
spondence and related material submitted by CONTRACTOR shall become the property
of CITY upon receipt
23
FUNDING APPLICATIONS
CONTRACTOR agrees to notify CITY each time CONTRACTOR is prepanng or sub-
mlttmg any application for funding in accordance with the following procedures
A When the application is m the planning stages, CONTRACTOR shall submit to CITY a
description of the funds being apphed for, and the proposed use of funds
B Upon award of or notice of award, whichever is sooner, CONTRACTOR shall not~fy
CITY of such award and the effect, if any, of such funding on the funds and program(s)
contracted hereunder Such notice shall be submitted to CITY, in writing, within ten
working days of recexpt of the notice of award or funding award by CONTRACTOR, to-
gether with copies of the budget, program description, and Agreement
C CONTRACTOR shall not use funds provided hereunder, whether directly or indirectly,
as a contribution, or to prepare applications to obtain any federal or private funds under
any federal or private program without the prior written consent of CITY
Page 13 of 22
24.
CHANGES AND AMENDMENTS
A Any alterations, addltaons, or deletions to the terms of thas Agreement shall be by written
amendment executed by both pames, except when the terms of this Agreement expressly
prowde that another method shall be used
B CONTRACTOR may not make transfers between or among approved line atems watinn
bridget categories set forth ~n Exhibit B without prior written approval of CITY CON-
TRACTOR shall request, in writing, the budget revamon an a form prescribed by CITY,
and such request for revision shall not increase the total monetary obhgation of CITY un-
der thas Agreement In addation, budget revisions cannot slgmficantly change the nature,
antent, or scope of the program funded under this Agreement
C CONTRACTOR wall subrmt revased budget and program lnformataon, whenever the
level of ftmchng for CONTRACTOR or the program(s) described herren is altered
a~corchng to the total levels contained in any portion of Exhablt B
D It ~s understood and agreed by the part,es hereto that changes in the State. Federal or local
laws or regulataons pursuant hereto may occur dunng the term of this Agreement Any
such modafications are to be automatically incorporated ante thas Agreement w~thout writ-
ten amendment hereto, and shall become a part of the Agreement on the effective date
specified by the law or rogulataon
E CiTY may, from time to time dunng the term of the Agreement, request changes m Ex-
hibit A, wtuch may include an increase or decreased an the amount of CONTRACTOR's
cOmpensation Such changes shall be incorporated in a written amendment hereto, as
pmvaded in Subsection A of this Section
F Any alterattons, deletaon, or addations to the Contract Budget Detail ancorporated in Ex-
habxt B shall reqmre the prior written approval of CITY
G CONTRACTOR agrees to notify CITY of any proposed change in physical locataon for
work performed under fins Agreement at least 30 calendar days in advance of the change
H CONTRACTOR shall notify CITY of any changes in personnel or governing board eom-
pomtaon
I It as expressly understood that heather the performance of Exhlbat A for any program con-
traeted hereunder nor the transfer of funds between or among smd programs will be
penmtted
Page 14 of 22
25
SUSPENSION OF FUNDING
Upon determination by CITY of CONTRACTOR's failure to timely and properly per-
form each, of the requirements, time conditions and duties provided herein, CITY, without hnut-
lng any rights it may otherwise have, may, at its discretion, and upon ten working days written
notice to CONTRACTOR, withhold further payments to CONTRACTOR Such notice may be
given by mall to the Executive Officer and the Board of Directors of CONTRACTOR The no-
tree shall set forth the default or failure alleged, and the acUon required for cure
The period of such suspension shall be of such duration as is appropriate to accomphsh
corrective action, but in no event shall it exceed 30 calendar days At the end of the suspension
period, if CITY determines the default or defiClancy has been satisfied, CONTRACTOR may be
restored to full compliance status and paid all eligible funds withheld or impounded dunng the
suspension period If however, CITY determines that CONTRACTOR has not come into com-
phance, the provisions of Section 26 may be effectuated
26.
TERMINATION
A CITY may terminate tins Agreement for cause under any of the following reasons or for
other reasons not specifically enumerated in this paragraph
(1) CONTRACTOR's fmlure to attain compliance during any prescribed period of
suspension as provided m Section 25
(2) CONTRACTOR's violation of covenants, agreements or guarantees of this
Agreement
(3) Termination or reduction of funding by the United States Department of Housing
and Urban Development
(4) Flnchng by CITY that CONTRACTOR
(a) is m such unsatisfactory financial condition as to endanger performance
under tins Agreement,
(b) has allocated inventory to this Agreement substantially exceeding reason-
able requirements,
(c) is delinquent in payment of taxes, or of costs of performance of tlus
Agreement in the ordinary course of business
Page 15 of 22
(5) Appointment of a trustee, receiver or hqmdator for all or substantial part of
CONTRACTOR's property, or mstztutxon of bankruptcy, reorganization, rear-
rangement of or hqmdataon pmceedmgs by or agmnst CONTRACTOR
(6) CONTRACTOR's mabxhty to conform to changes required by Federal, State and
local laws or regulations as provided ~n Section 4, and Section 24(D), of thxs
Agreement
(7) The commission of an act of bankruptcy
(8) CONTRACTOR's violation of any law or regulation to which CONTRACTOR ~s
bound or shall be bound under the terms of the Agreement
CITY shall promptly notify CONTRACTOR in writing of the decision to terminate and
the effectave date of tenmnatton Simultaneous notice of pendmg termination maybe made to
other fundmg source specified in Exhibit B
B CITY may terminate tins Agreement for convenience at any time If CITY terminates this
Agreement for convemence, CONTRACTOR wall be prod an amount not to exceed the
total of accrued expenlhtures as of the effective date of termination In no event will ttus
compensation exceed an amount wtuch bears the same ratio to the total compensation as
the services actually performed bears to the total servmes of CONTRACTOR covered by
the Agreement, less payments previously made
C CONTRACTOR may terminate th~s Agreement m whole or in part by written notme to
CITY, if a termmat~on of outside funding occurs upon whmh CONTRACTOR depends
for performance hereunder CONTRACTOR may opt, w~thm the limitations of this
Agreement, to seek an alternative fimd~ng source, w~th the approval of CITY, provided
the termination by the outside funding source was not occasioned by a broach of contract
as defined hereto or as defined m a contract between CONTRACTOR and the funding
source m question
CONTRACTOR may terminate this Agreement upon the d~ssolutlon of CONTRAC-
TOR's organization not occasioned by a breach of th~s Agreement
D Upon receipt of not~ce to terminate, CONTRACTOR shall cancel, w~thdraw or otherwise
terminate any outstandw~;, ders or subcontracts, whmh relate to the performance of thru
Agreement CITY sha ~ ~ ~ Jo hable to CONTRACTOR or CONTRACTOR's creditors
for any exp~nses, encumbrances or obhgatlons whatsoever incurred after the termination
date hsted on the not,ce to terminate referred to ~n this paragraph
E Notwxthstamhng any exercise by CITY of ~ts right of suspension or termination, CON-
TRACTOR shall not be rehoved of hablhty to CITY for damages sustained by CITY by
virtue of any breach of the Agreement by CONTRACTOR, and CITY may w~thhold any
Page 16 of 22
remabursement to CONTRACTOR until such time as the exact amount of damages due to
CITY fi.om CONTRACTOR as agreed upon or otherwase determaned
27
NOTIFICATION OF ACTION BROUGHT
In the event that any claim, demand, stat or other actaon is made or brought by any per-
son(s), finn corporation or other entity against CONTRACTOR, CONTRACTOR shall gave
written not, ce thereof to CITY within two working days after being not~fied of such claim, de-
mand, stat or other actmn Such not,ce shall state the date and hour of not~ficatlon of any such
claim, demand, stat or other action, the names and addresses of the person(s), finn, corporation
or other entity making such claim, or that instituted or threatened to institute any type of action
or proceethng, the bas~s of such clann, action or proceedang, and the name of any person(s)
agaanst whom such clmm ~s being made or threatened Such written not,ce shall be dehvered ei-
ther personally or by marl
28
INDEMNIFICATION
A It is expressly understood and agreed by both parties hereto that CITY as contract-
mg with CONTRACTOR as an independent contractor and that as such, CON-
TRACTOR shall save and hold CITY, ~ts officers, agents and employees harmless
from all liability of any nature or kmd, including costs and expenses for, or on ac-
count of, any claims, audit exceptions, demands, suats or damages of any character
whatsoever resulting in whole or m part from the performance or omission of any
employee, agent or representative of CONTRACTOR
B CONTRACTOR agrees to prowde the defense for, and to lndemmfy and hold
harmless CITY ~ts agents, employees, or contractors from any and all clmms, suits,
causes of aetaon, demands, damages, losses, attorney fees, expenses, and laabihty
arising out of the use of these contracted funds and program administration and
implementataon except to the extent caused by the wailful act or omissaon of CITY,
its agents, employees, or contractors
29
MISCELLANEOUS
A CONTRACTOR shall not transfer, pledge or otherwise assagn th~s ~:~ ~ ~ent or any an=
terest thereto, or any clmm arising thereunder, to any party or part,es, bank, trust eom-
pany or other financaal mstatutlon wathout the prior written approval of CITY
B If any prowsaon of tins Agreement as held to be anvalad, illegal, or unenforceable, the re-
mmmng prows~ons shall remmn m full force and effect and continue to conform to the
ongmal intent of both parUes hereto
Page 17 of 22
C In no event shall any payment to CONTRACTOR hereunder, or any other act or failure
of CITY to ~ns~st ~n any one or more instances upon the terms and condmons of tins
Agreement constitute or be construed ~n any way to be a wmver by CITY of any breach
of covenant or default winch may then or subsequently be committed by CONTRAC-
TOR Neither shall such payment, act, or omms~on ~n any manner ~mptur or prqudme any
right, power, pnwlege, or remedy available to CITY to enfome ~ts rights hereunder,
which nghts, powers, privileges, or remedies are always specffically preserved No repre-
sentative or agent of CITY may waive the effect of tins prows~on
D Tins Agreement, together w~th referenced exinints and attachments, constitutes the entire
agreement between the parties hereto, and any pnor agreement, asserhon, statement, un-
derstandmg or other commitment antecedent to tins Agreement, whether written or oral,
shall have no force or effect whatsoever, nor shall an agreement, asserhon, statement, un-
derstandang, or other commflment occumng during the term of th~s Agreement, or subse-
quent thereto, have any legal force or effect whatsoever, unless properly executed in wnt-
mg, and ~f appropriate, recorded as an amendment of tins Agreement
E In the event any d~sagreement or d~spute should arise between the parties hereto pertain-
ing to the interpretation or meaning of any part of th~s Agreement or its governing rules,
codes, laws, ordinances or regulations, CITY as the party ultimately responstble to HUD
for matters of comphance, will have the final authority to render or to secure an ~nterpre-
tat~on
F For purposes of tins Agreement, all officml communications and notmes among the par-
t~es shall be deemed made ffsant postage prod to the part~es and address set forth below
TO CITY' TO CONTRACTOR
C~ty Manager Execuhve D~rector
C~ty of Denton Family Health Care, Inc
215 E McYdrmey 513 South Locust
Denton, Texas 76201 Denton, TX 76201
G Tins Agreement shall be mterprcted ~n accordance w~th the laws of the State of Texas and
venue of any ht~gatlon concerning tins Agreement shall be an a court competent junsdm-
t~on sxttmg m Denton County, Texas
1N WITNESS OF WHICH tins Agreement has been executed on tins the day
of ,2000
CITY OF DENTON
BY
MICHAEL W JEZ, CITY MANAGER
Page 18 of 22
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROV,ED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
FAMILY HEALTH CARE, INC
DIRECTOR
ATTEST
EC~T~Y
Page 19 of 22
EXHIBIT "A"
WORK STATEMENT
FAMILY HEALTH CARE, INC
Prowde prenatal care to non-Medicaid eligible pregnant women who have financial d~fficult~es
and are unable to afford prenatal care wathout some assistance
The services these women will receive will include untml prenatal visit w~th h~story, physmal,
sonogram~ lab work, and socml worker assessment
Work wath the Denton County Health Department to prowde outreach on prenatal care and par-
t~mpate wath the Denton County Health Department on any infant mortality projects or work
groups
Chents will be provtded the opportmuty to attend childbirth and parenthood classes
Advanced Practice Nurses (APN) wall prowde chent care and consult with the supervising phy-
sm~ans as appropriate
OUTCOME MEASURES
The end result of th~s accessable prenatal care ~s a healthy, low risk or managed problem preg-
nancy and dehvery Newborn babies of mothers served by the program will have a low b~rth
weight rate of 5% or less
The rate of Gestatlonal D~sease m mothers will be 4% or less
F~rst trimester enrollment for the program will be at least 50%
A minimum of fifteen (15) women a month will be served through th~s prenatal program
Page 21 of 22
EXHIBIT "B"
BUDGET
FAMILY HEALTH CARE, INC
PRENATAL CLINIC
Examples
Imt~al V~s~t $114 00
Return or Postpartum $ 47 00
Ultrasound $105 00
Follow up Ultrasound $ 55 00
Non-Stress Test $ 35 00
Nutntaonist V~s~t $ 45 00
Case Management $ 35 00
Total Budget $25,000 00
Page 22 of 22
AGENDA ]NJ?Old'VIA'lION $]~EET A0enda Item ~, ~.
Bate ~/~/~
AGENDA DA~: S~t~ 26, 2000
~on ~y ~ ~cted
DEPARTMENT: ~te~ ~e~t m B~ ~ss 349-7235
ACM: ~y D~o~, F~ ~d M~c~p~ S~ce~
SU~CT:
~ ~d~ ~cept~ ~eUt~ bx& ~ a~ a co~t for ~ge~ Ut&~
~e ~o~ for Low-~o~ F~ prolog for ~ e~e~ of ~ ~emfo~,
~ ~a~2 ~r ~ e~ ~te ~id 2~27 - E~rgcn~ Ut~ ~s~ce ~o~ ~r ~w-
~ F~es, a~ to ~t~ ~m~s of D~o~ for $17,250)
B~ ~FO~ATION:
~ b~ ~ ~r ~ s~ces to ~ ~ potency ho~le~ m Denton who ~ ~lp
· e~l~s ~ ~s~ W do ~, to~d e~bh~hmg ~ ~mE ~-re~ ~ to~d
~co~ ~te~t~ ~ produce ~ of&e co~
S~c~ ~lude ~o~ ~ ~~ v~uon ~d ~s~
Ho~ Au~o~ for ~ or mvol~ ~p~ ~m, ~or~te se~ces ~r the
~t~ ~y ~ ~s~ m b~get p~, go~
~COMMENDA~ON:
We ~ th~ ~ a~cd to ~ ~lc ~der, ~t~h ~es m ~ ~o~t of
$17,250
PLACE OF BUS.SS:
~te~ M~m~s
D~to~ ~
sc ro r
~ ~ ~ ~e u~n appro~ ~d te~,~e on Septem~ 30, 2001, ~ess
~o~ t~t~ m ~co~e ~ S~mn ~ '~e~twn" ~d~ ~ co~t
~SCAL ~O~ATION:
CDBG ~ ~ve ~ a~opmted ~r th~ ~o~ ~co~t (219-05H-CD~-8502)
Tom 8~w, C P M, 349-7100
Pm~mg Agent
A~nt 1, T~t~on She~
14~6 A~DA
, ATTACHMENT 1
TABULATION SHEET
B~d # 2527 Date 7/11/00
Emergency Utility Assistance Program for Low-Income Families
' DESCRIPTION VENDOR
,~ , ,o, .... Interfaith Ministries of Denton
Pnnc~ple Place of Bus~ness Denton, TX
TOTAL BASE BID $17,250 00
ORDINANCE NO
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
EMERGENCY UTILITY ASSISTANCE PROGRAM FOR LOW-INCOME FAMILIES
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDIN(~ FORAN
EFFECTIVE DATE (BID 2527 - EMERGENCY UTILITY ASSISTANCE PRO(]RAM FOR
LOW-INCOME FAMILIES, AWARDED TO INTERFAITH MINISTRIES, FOR $17,250)
WHEREAS, the City has sohclted, received and tabulated compet~ve b~ds for the purchase of
necessary materials, eqmpment, supphas or services m accordance w0.h the procedures of STATE law
and CRy ordumnces, and
WHEREAS, the City Manager or a designated employee has reviewed and reco~ii~iiended that
the hereto descnhed bids are the lowest responsible bids for the materials, eqcupment, supphes or
services as shown Lq the "Bid Proposals" submaled therefore, and
WHEREAS, the City Councd has provided In the City Budget for the appropriation of funds
to be nsed~ for the purchase of the materials; equipment, suppbes or ser~ces approved and accepted
hereto, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
St~CTION I That the following competitive bids for materials, eqmpment, supphes, or
serv~es, described m the "Bid Proposals" on file Lq the office of CRy's Purchnsmg Agent filed
accordmglto the het number assigned hereto, are hereby accepted and approved as being the lowest
responsible bids f~r such Rems
BID ITEM
NUMBER NO CONTRACTOR AMOUNT
2527 ALL INTERFAITH MINISTRIES $17,250
SECTION II That the acceptance and approval of the above competitive bids, the CRy
accepts the offer of the persons subrmttmg the bids for such Rems and agrees to purchase the
materials,, eqmpment, supphes or services m accordance w~th the terms, specdicatlons, standards,
quantities and for the specrfied sums contained m the Bid Inwtations, B~d Proposals, and related
documents
SECTION IH That the City and persons subnuttmg approved and accepted items and ofthe
subrmttedl b~ds w~h to enter into ~ ~ ~, ~ ! written agreement as a result of the acceptance, approval,
and awarding of the bids, the City ~ ~ ;er or Ins designated representative rs hereby authorized to
execute the written contracts wluch shall be attached hereto, prowded that the written contract rs m
accordan~ wah the terms, con&tions, specflicatlons, standards, quantities and specdied sums
contained, in the B~d Proposal and related documents hereto approved and accepted
SECTION IV That by the acceptance and approval ofthe above compeUt~ve b~ds, the Cay
Council helteby authorizes the expenditure of funds therefor m the amount and m accordance wah the
approved bids or pursuant to a written contract made pursuant thereto as authorized hereto
SECTION V That th~ ordinance shall become effective mameduately upon ~ts passage and
approval
PASSED AND APPROVED thru the day of ,2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
2527 EMERGENCY UTLY ASSISTANCE PROGRAM FOR LOW-INCOME FAMILIES ORDINANCE
2000-2001
CDBG SERVICE
AGREEMENT BETWEEN THE CITY OF DENTON
AND INTERFAITH MINISTRIES
BID #2527
Tins Agreement is made and entered into by and between the Ctty of Denton, a Texas
mumctpal corporation, acting by and through its City Manager, pursuant to ordinance, hereinaf-
ter referred to as CITY, and Interfmth Mimstnes, P O Box 1744, Denton, TX 76202, a Texas
non-profit corporation, hereinafter referred to as CONTRACTOR
WHEREAS, CITY has recetved certatn funds from the U S Department of Housing and
Urban Development under Title I of the Housing and Commumty Development Act of 1974, as
amended, and
WHEREAS, CITY has adopted a budget for such funds and included there~n an anthor-
~zed budget for expenditure of funds for utfltty assistance to chents who demonstrate inability to
pay due to verifiable emergency need, and
WHEREAS, CITY has designated the Commumty Development Office as the thwsion
responsible for the administration of tlus Agreement and all matters perttumng thereto, and
WHEREAS, CITY w~shes to engage CONTRACTOR to carry out such project,
NOW, THEREFORE, the parties hereto agree, and by the executton hereof are bound to
the mutual obhgations and to the performance and accomphshment of the cond~ttons hereinafter
described
I
TERM
This Agreement shall commence on or as of October l, 2000, and shall terminate on Sep-
tember 30, 2001, unless sooner terminated In accordance with Sectton 26 "Terminatton"
2
RESPONSIBILITIES
CONTRACTOR hereby accepts the responstbthty for the performance of all services and
acuvlttes described tn the Work Statement attached hereto as Exhibit A, and incorporated heretn
by reference, in a satisfactory and effietent manner as determined by CITY, tn accordance wtth
the terms herein CITY will consider CONTRACTOR's executive officer to be CONTRAC-
TOR's representative responstble for the management of all contractual matters pertmnlng
hereto, unless written notification to the contrary is received from CONTRACTOR, and ap-
proved by CITY
Page 1 of 22
The CITY's Community Development Administrator will be CITY's representative re-
sponsable for the admamstration of this Agreement
3.
CITY'S OBLIGATION
A L~mat of Liablhly CITY wall reamburse CONTRACTOR for expenses mcurred pursu-
ant and an accordance with the project budget attached hereto as Exhibat B and incorpo-
rated hereto by reference Notwathstandmg any other prowslon of the Agreement, the to-
tal of all payments and other obhgat~ons made or recurred by CITY hereunder shall not
exceed the sum of seventeen thousand two hundred fifty dollars ($17,250 00)
B. Measure of Lmbihty. In cunsaderation of full and satisfactory semces and activities
hereunder by CONTRACTOR, CITY shall make payments to CONTRACTOR based on
the Budget attached hereto and incorporated herein for all purposes as Exhibit B, subject
to the hmltatlons and provlSaOnS set forth an this Section and Section 7 ofttns Agreement
(1) The parhes expressly understand and agree that CITY's obhgations under this
Section are contingent upon the actual receipt of adequate Community Develop-
ment Block Grant (CDBG) funds to meet CITY's llabflatles under tins Agreement
If adequate funds are not available to make payments under ttus Agreement,
CITY shall notify CONTRACTOR in writing w~thin a reasonable time after such
fact has been determined CITY may, at its option, either reduce the amount of ItS
liability, as specafied in Subsection A of this Section or terminate the Agreement
If CDBG funds eligable for use for purposes of thas Agreement are reduced, CITY
shall not be hable for further payments due to CONTRACTOR under this Agree-
ment
(2) It is expressly understood that this Agreement in no way obhgates the General
Fund or any other monies or credits of the City of Denton
(3) CITY shall not be liable for any cost or portion thereof which
(a) has been paid, reimbursed or is subject to payment or reimbursement,
from any other source,
(b) was incurred prior to the beginning date, or after the ending date speeafied
m Section l,
(c) ts not in strict accordance with the terms of this Agreement, including all
exhibits attached hereto,
(d) has not been billed to CITY within 90 calendar days following billing to
CONTRACTOR, or termination of the Agreement, whichever date is ear-
lier, or
Page 2 of 22
(e) ~s not an allowable cost as defined by Section 11 of this Agreement or the
project budget
(4) CITY shall not be hable for any cost or port~on thereof winch is incurred w~th re-
spect to any aet~wty of CONTRACTOR requinng prior written authorization
form CITY, or after CITY has requested that CONTRACTOR funush data con-
cemmg such action prior to proceeding further, unless and until CITY advises
CONTRACTOR to proceed
(5) CITY shall not be obhgated or hable under tins Agreement to any party other than
CONTRACTOR for payment of any momes or provlsmn of any goods or ser-
4.
COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
CONTRACTOR understands that funds pmwded to it pursuant to tins Agreement are
funds, winch have been made available to CITY by the Federal Government (U S De-
partment of Housing and Urban Development) under the Housing and Commumty De-
velopment Act of 1974, as amended, m accordance w~th an approved Grant Apphcat~on
and specific assurances Accordingly, CONTRACTOR assures and certifies that ~t will
comply w~th the reqmrements of the Housing and Commumty Development Act of 1974
(P L 93-383) as amended and w~th regulauons promulgated thereunder, and codified at
24 CFR 570 The foregoing ~s an no way meant to constitute a complete compilation of
all duties ~mposed upon CONTRACTOR by law or admimstrative ruhng, or to narrow
the standards, winch CONTRACTOR must follow
CONTRACTOR further accrues and cerhfies that ~f the regulations and ISSUances prom-
ulgated pursuant to the Act are amended or revised, it shall comply w~th them, or notify
CITY, as provided an Section 24 of this Agreement
CONTRACTOR agrees to abide by the eonditmns of and comply with the requirements
of the Office of Management and Budget C~rculars Nos A-110 and A-122
CONTRACTOR shall comply w~th all apphcable federal laws, laws of the State of Texas
and ordmances of the City of Denton
$
REPRESENTATIONS
CONTRACTOR assures and guarantees that ~t possesses the legal authority, pursuant to
any proper, appropriate and official motion, resolution or action passed or taken, to enter
into tins Agreement
Page 3 of 22
B The ,person or persons s~gmng and executing tins Agreement on behalf of CONTRAC-
TOR, do hereby warrant and guarantee that he, she, or they have been fully authorized by
CONTRACTOR to execute tins Agreement on behalf of CONTRACTOR and to validly
and legally band CONTRACTOR to all terms, performances and prows~ons hereto set
forth
C CITY shall have the nght, at ats optaon, to e~ther temporarily suspend or permanently
termanate thas Agreement af there ~s a d~spute as to the legal authority of eather CON-
TRACTOR or the person slgmng the Agreement to enter ~nto tins Agreement CON-
TRACTOR as hable to CITY for any money ~t has received from CITY for performance
of the prowsaons of tins Agreement af CITY has suspended or terminated tins Agreement
for the reasons enumerated an tins Section
D CONTRACTOR agrees that the funds and resources provaded CONTRACTOR under the
terms of tins Agreement will m no way be subsututed for funds and resources from other
sources, nor m any way serve to reduce the resources, servaces, or other benefits winch
would have been available to, or provaded through, CONTRACTOR had this Agreement
not been executed
6
PERFORMANCE BY CONTRACTOR
CONTRACTOR wall provide, oversee, administer, and carry out all of the actlvat~es and
services set out m the WORK STATEMENT, attached hereto and ~ncorporated here~n for all
purposes as Exinb~t A, utilizing the funds descnbed ~n Exinbat B, attached hereto and ~ncorpo-
rated here~n for all purposes and deemed by both part, es to be necessary and sufficient payment
for full and satisfactory performance of the program, as determined solely by CITY and m ac-
cordance with all other terms, provlsaons and requirements of this Agreement
No mothficataons or alterations may be made m the Work Statement w~thout the prior
written approval of the C~ty's Commumty Development Adm~mstrator
7
PAYMENTS TO CONTRACTOR
A Payments to Contractor The CITY shall pay to the CONTRACTOR a maximum
mount of money totahng seventeen thousand two hundred fifty dollars ($17,250 00) for
~rvaces rendered under thas Agreement CITY will pay these funds on a reimbursement
bas~s to the CONTRACTOR w~tinn 20 days after CITY has received supporting docu-
mentatton CONTRACTOR's failure to request reimbursement on a t~mely bas~s may
jeoplard~ze present or future funding
Funds are to be used for the sole purpose of utility assistance to chents who demonstrate
lnablltty to pay due to vendable emergency need
Page 4 of 22
B. Excess Payment. CONTRACTOR shall refund to CITY w~tinn ten working days of
CITY's request, any sum of money which has been paid by CITY and which CITY at any
time thereafter determines
(1) has resulted m overpayment to CONTRACTOR, or
(2) has not been spent strictly m accordance with the terms of this Agreement, or
(3) is not supported by adequate documentauon to fully justify the expenditure
C. Disallowed Costs/Reversion of Assets Upon terminated of tins Agreement, should any
expense or change for which payment has been made be subsequently disallowed or dis-
approved as a result of any and~tmg or momtonng by CITY, the Department of Housing
and Urban Development, or any other Federal agency, CONTRACTOR will refund such
amount to CITY wltinn ten working days of a written notice to CONTRACTOR, winch
specifies the amount disallowed If CITY finds that CONTRACTOR is unw~lhng and/or
unable to comply with any of the terms of this Contract, CITY may require a refund of
any and all money expended pursuant to this Contract by CONTRACTOR, as well as any
remaining unexpended funds winch shall be refunded to CITY within ten working days
of a written notxce to CONTRACTOR to revert these financial assets The reversion of
these financial assets shall be in addition to any other remedy available to CITY either at
law or in equity for breach of tins Contract
Refunds of disallowed costs may not be made from these or any funds received from or
through CITY
D Obhgation of Funds In the event that actual expenditure rates deviate from CON-
TRACTOR's provision of a corresponding level of performance, as specified in Exhibit
A, CITY hereby reserves thc right to reappropnate or recapture any such under expended
funds
E Contract Close Out CONTRACTOR shall submit the Agreement close out package to
CITY, together with a final expenditure report, for the time period covered by the last m-
voice requesting reimbursement of funds under this Agreement, within 15 working days
following the close of the Agreement period CONTRACTOR shall utilize thc form
agreed upon by CITY and CONTRACTOR
WARRANTIES
CONTRACTOR represents and warrants that
A All information, reports and data heretofore or hereafter requested by CITY and fur-
rushed to CITY, are complete and accurate as of thc date shown on the mformat~on, data,
Page 5 of 22
or report, and, smce that date, have not undergone any sigmficant change without written
notice to CITY
B Any supporting financial statements heretofore requested by CITY and furmshed to
CITY, are complete, accurate and fairly reflect the finanmal condttlon of CONTRAC-
TOR on the date shown on smd report, and the results of the operatxon for the period cov-
ered by the report, and that since smd date, there has been no material change, adverse or
otherwise, m the financial condition of CONTRACTOR
C No ht~gatlon or legal proceedings are presently pending or threatened against CON-
TRACTOR
D None of the proxnsions herein contravene or are in conflict with the authority under whtch
CONTRACTOR is doing business or with the provisions of any existing indenture or
agreement of CONTRACTOR
E CONTRACTOR has the power to enter into th~s Agreement and accept payments here-
under, and has taken all necessary action to authorize such acceptance under the terms
and conrhtlons of ttus Agreement
F None of the assets of CONTRACTOR ~s subject to any hen or encumbrance of any char-
acter, except for current taxes not dehnquent, except as shown m the financial statements
furmshed by CONTRACTOR to CITY
Each of these representations and warrant~es shall be cont~nmng and shall be deemed to have
been repeated by the submiss~on of each request for payment
9
COVENANTS
A Dunng the period of t~me that payment may be made hereunder and so long as any pay-
ments remain unhqmdated, CONTRACTOR shall not, w~thout the prior written consent
of the Commumty Development Adm~mstrator or her authorized representative
(1)' Mortgage, pledge, or otherwme encumber or suffer to be encumbered, any of the
assets of CONTRACTOR now owned or hereafter acqmred by ~t, or permit any
pre-ex~st~ng mortgages, liens, or other encumbrances to remmn on, or attach* ~'q I ~
any assets of CONTRACTOR which are allocated to the performance et ~h~,
Agreement and with respect to which CITY has ownership hereunder
(2) Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes
or clmms for money due or to become due
(3) Sell, convey, or lease all or substantial part of ~ts assets
Page 6 of 22
(4) Make any advance or loan to, or ~ncur any llablhty for any other firm, person, en-
tity or corporatmn as guarantor, surety, or accommodatmn endorser
(5) Sell, donate, loan or transfer any eqmpment or ~tem of personal property pur-
chased w~th funds prod to CONTRACTOR by CITY, unless CITY authorizes
such transfer
B Should CONTRACTOR use funds received under fins Agreement to acqmre or ~mprove
real property under CONTRACTOR's control, CONTRACTOR agrees and covenants
(I) That the property shall be used to meet one of the natmnal objectives stated in 24
CFR 570 until August 31, 2006
(2) That should CONTRACTOR transfer or otherwme d~spose of smd property on or
before August 31, 2006, CONTRACTOR shall reimburse CITY ~n the amount of
the fmr market value of tins property less any portion of the value attnbutable to
expenditures ofnon-CDBG funds for acqulsmon of, or improvement to, the prop-
erty
C CONTRACTOR agrees, upon written request by CITY, to reqmre ~ts employees to attend
trmmng sessmns sponsored by the Community Development Office
10
ALLOWABLE COSTS
A Costs shall be considered allowable only if incurred directly and specifically ~n the per-
formance of and in comphance w~th th~s Agreement and ~n conformance w~th the stan-
dards and pmws~ons of Exhlints A and B
B Approval of CONTRACTOR's budget, Exinb~t B, does not constitute prior written ap-
proval, even though certmn ~tems may app,,ar hereto CITY's prior written authonzat~on
is required m order for the following to be considered allowable costs
(1) Encumbrances or expen&tures dunng any one month period which exceeds one-
fifth (1/5) of the total budget as specified ~n Exinint B
(2) CITY shall not be obligated to any third partms, ~ncludlng any subcontractors of
CONTRACTOR, and CITY funds shall not be used to pay for any contract ser-
vice exten&ng beyond the exp~ratton of tins Agreement
(3) Out of town travel
(4) Any alteratmns or relocation of the facd~t~es on and in which the act~mtles spec~-
fled ~n Exinint A are conducted
Page 7 of 22
(5) Any alterations, deletions or additions to the Personnel Schedule ~ncorporated ~n
Exlub~t B
(6) Costs or fees for temporary employees or servmes
(7) Any fees or payments for consultant servmes
(8) Fees for attending out of town meetings, seminars or conferences
Written requests for prior approval are CONTRACTOR's respons~bd~ty and shall be
made w~ttun sufficient t~me to penmt a thorough remew by CITY CONTRACTOR must
obtmn written approval by CITY prior to the commencement of procedures to sohc~t or
purchase services, eqmpment, or real or personal property Any procurement or purchase
that may be approved under the terms of tins Agreement must be conducted m ~ts entirety
m accordance w~th the prows~ons of th~s Agreement
11
PROGRAM INCOME
A For purposes of tlus Agreement, program income means eammgs of CONTRACTOR
reahzed from act~wtles resulting from tlus Agreement or from CONTRACTOR's man-
agement of fundmg prowded or received hereunder Such earmngs ~nclude, but are not
hm~ted to, income from ~nterest, usage or rental or lease fees, ~ncome produced from con-
tract-supported services of ~nd~wduals or employees or from the use or sale of eqmpment
or facilities of CONTRACTOR prowded as a result of th~s Agreement, and payments
from chents or third part,es for servmes rendered by CONTRACTOR under thru Agree-
ment
B CONTRACTOR shall malntmn records of the receipt and d~spos~t~on of program ~ncome
~n the same manner as reqmred for other contract funds, and reported to CITY ~n the for-
mat prescribed by CITY CITY and CONTRACTOR agree, based upon adwce received
from representatives of the U S Department of Housing and Urban Development (HUD),
that any fees collected for servmes performed by CONTRACTOR shall be spent only for
servme prows~on These fees or other program ~ncome wall be deducted from the regular
reimbursement request
C CONTRACTOR shall ~nclude th~s Section ~n ~ts entirety ~n all of~ts sub-contracts, whmh
~nvolve other income-producing servmes or act~vlttes
D It is CONTRACTOR's responsibility to obtmn from CITY a prior determtnat~on as to
whether or not ~ncome arising d~rectly or indirectly from th~s Agreement, or the perform-
ance thereof, constitutes program ~ncome CONTRACTOR ~s responsible to CITY for
the repayment of any and all amounts determined by CITY to be program income, unless
otherwise approved ~n writing by CITY
Page 8 of 22
12
MAINTENANCE OF RECORDS
A CONTRACTOR agrees to mmntmn records that will provide accurate, current, separate,
and complete chsclosure of the status of the fimds received under this Agreement, in
comphance with the provisions of Exinint B, attached hereto, and with any other apphca-
ble Federal and State regulations estabhsinng standards for financial management CON-
TRACTOR's record system shall contain sufficient documentation to provide in detail
full isupport and justfficat~on for each expenchture Notinng m tins Sectxon shall be con-
stmed to reheve CONTRACTOR of fiscal accountainhty and liability under any other
pro¥1sion of tins Agreement or any applicable law CONTRACTOR shall include the
substance of tins prowsion m all subcontracts
B CONTRACTOR agrees to retmn all books, records, documents, reports, and written ac-
counting procedures pertaining to the operation of programs and expenditures of funds
under tlus Agreement for five years
C Nottung ~n the above subsections shall be construed to reheve CONTRACTOR of re-
sponsibility for retmmng accurate and current records, winch clearly reflect the level and
benefit of servmes, prowded under tins Agreement
D At any reasonable t~me and as often as CITY may deem necessary, the CONTRACTOR
shall make available to CITY, HUD, or any of their authorized representatives, all of its
records and shall permit CITY, HUD, or any of their authorized representatives to audit,
examine, make excerpts and cop~es of such records, and to conduct audits of all contracts,
lnv0xces, materials, payrolls, records of personnel, conditions or employment and all
other data requested by said representatives
i.~
REPORTS AND INFORMATION
At such times and in such form as CITY may require, CONTRACTOR shall furmsh such
statements, records, data and information as CITY may request and deem pertinent to matters
covered by this Agreement
CONTRACTOR shall submit quarterly beneficiary and financial reports to CITY no less
than once each three months The beneficiary report shall detail client information, including
race, income, female head of household and other statistms required by CITY The financial re-
port shall include reformation and data relative to all programmatic and financial reporting as of
the beginning date specified in Section 1 of tins Agreement
Unless the CITY has granted a written exemption, CONTRACTOR shall submit an audit
conducted by independent exannners w~thln ten days after receipt of such
Page 9 of 22
14
MONITORING AND EVALUATION
A CITY shall perform on-site momtonng of CONTRACTOR's performances under flus
Agreement
B CONTRACTOR agrees that CITY may carry out momtormg and evaluation actlwtles to
ensure adherence by CONTRACTOR to the Work Statement, and Program Goals and
Objectives, wbach are attached hereto as Exhibit A, as well as other provisions of this
Agreement
C CONTRACTOR agrees to cooperate full), with CITY in the development, lmplementa-
tlon and moantenance of record-keeping systems and to provide data determined by CITY
to be necessary for CITY to effectively fulfill ~ts momtonng and evaluation responsthfll-
ties
D CONTRACTOR agrees to cooperate in such a way so as not to obstruct or delay CITY in
such momtonng and to designate one of its staff to coordinate the momtonng process as
requested by CITY staff
E After each official momtormg vxslt, CITY shall provide CONTRACTOR with a written
report ofmomtonng findings
F CONTRACTOR shall submit copies of any fiscal, management, or audit reports by any
of CONTRACTOR's funding or regulatory bodies to CITY within five (5) working days
of receipt by CONTRACTOR
15
DIRECTORS' MEETINGS
Dunng the terms of this Agreement, CONTRACTOR ~hall cause to be delivered to CITY
copies of all notices of meetings of its Board of Directors, setting forth the time and place
thereof Such notice shall be delivered to CITY in a timely manner to give adequate notice, and
shall include an agenda and a brief descnptmn of the matters to be discussed CONTRACTOR
understands and agrees that CITY representatives shall be afforded access to all of the Board of
Directors' meetings
Mmutco o,' l meetings of CONTRACTOR's governing body shall be available to CITY
within ten working days of approval
Page 10 of 22
16
INSURANCE
A CONTRACTOR shall observe sound business practices with respect to providing such
bonding and insurance as would provide adequate coverage for services offered under
this Agreement
B The premises on and in which the activities descnbed in Exhibit A are conducted, and the
employees conductmg these activities, shall be covered by premise liability insurance,
commonly referred to as "Owner/Tenant" coverage with CITY named as an additional
insured Upon request of CONTRACTOR, CITY may, at its sole discretion, approve al-
ternate msurance coverage arrangements
C CONTRACTOR will comply vath applicable workers' compensation statues and vail
obtaan employers' liability coverage where avmlable and other appropriate habflity cov-
erage for program partmlpants, if applicable
D CONTRACTOR vail mamtmn adequate and continuous habfllty insurance on all vetncles
owned, leased or operated by CONTRACTOR All employees of CONTRACTOR who
are required to drive a vetucle in the normal scope and course of their employment must
possess a valid Texas driver's license and automobile habfllty insurance Evidence of the
employee's current possession of a valid hcense and insurance must be mmntmned on a
current basis m CONTRACTOR's files
E Actual losses not covered by insurance as required by this Section are not allowable costs
under this Agreement, and remaan the sole responsibility of CONTRACTOR
F The policy or pohmes of insurance shall contain a clause which requires that City and
Contractor be notified in writing of any cancellation of change in the policy at least thirty
(30) days prior to such cl~ rage or cancellation
17.
EQUAL OPPORTUNITY
A CONTRACTOR shall submit for CITY's approval, a written plan for compliance with
the Equal Employment and Affirmative Action Fed~. ~ romsions, within 30 days of the
effective date of this Agreement
B CONTRACTOR shall comply with all applicable equal employment opportunity and af-
firmative action laws or regulations
C CONTRACTOR will furnish all ~nformatlon and reports requested by the CITY, and will
permit access to its books, records, and accounts for purposes of investigation to ascertain
compliance with local, state and Federal roles and regulations
Page 11 of 22
D In the event of CONTRACTOR's non-comphance w~th the non-dlscnm~nat~on reqmre-
merits, CITY may cancel or terminate the Agreement m whole or ~n part, and CON-
TRACTOR may be barred from fiu'ther contracts w~th CITY
18
PERSONNEL POLICIES
Personnel pohc~es shall be estabhshcd by CONTRACTOR and shall be available for ex-
armnat~on Such personnel pohc~es shall
A Be no more hberal than CITY's personnel pohc~es, procedures, and practices, ~nclud~ng
pohclcs w~th respect to employment, salary and wage rates, working hours and hohdays,
fnnge benefits, vacation and s~ck leave pnwleges, and travel, and
B Be tn writing and shall be approved by the govermng body of CONTRACTOR and by
CITY
19.
CONFLICT OF INTEREST
A CONTRACTOR covenants that neither ~t nor any member of ~ts govermng body pres-
ently has any ~nterest, d~rect or ~nd~rect, which would confl~ct ~n any manner or degree
with the performance of services reqmred to be performed under th~s Agreement CON-
TRACTOR further covenants that ~n the performance of thas Agreement, no person hav-
ing such interest shall be employed or appointed as a member or,ts govermng body
B CONTRACTOR further covenants that no member of ~ts govermng body or ~ts staff, sub-
contractors or employees shall possess any interest ~n or use h~s pos~t~on for a purpose
that ~s or g~ves the appearance of being motivated by desire for private gmn for h~mself,
or others, particularly those w~th which he has family, bus~ness, or other t~es
C No officer, member, or employee of CITY and no member of ~ts governing body who
exercases any function or responsibilities ~n the rewew or approval of the undertaking or
carrying out of th~s Agreement shall participate m any decision relating to the Agreement
which affects h~s or her personal ~nterest or the ~nterest m any corporaUon, partnership, or
association m which he or she has a d~rect or md~rect ~nterest
20
NEPOTISM
CONTRACTOR shall not employ ~n any pa~d capacity any person who ~s a member of
the ~mmed~ate family of any person who ~s currently employed by CONTRACTOR, or ~s a
member of CONTRACTOR's govermng board The term "member of ~mmed~ate family" ~n-
Page 12 of 22
cludes wife, husband, son, daughter, mother, father, brother, sister, tn-laws, aunt, uncle, nephew,
mete, stepparent, stepehtld, half-brother and half-sister
21
POLITICAL OR SECTARIAN ACTIVITY
A None of the performance rendered hereunder shall involve, and no pomon of the funds
recetved by CONTRACTOR hereunder shall be used, etther dtrectly or indirectly, for any
pohttcal acttvlty (mcludmg, but not hmlted to, an activity to further the election or defeat
of any candadate for pubhc office) or any activity undertaken to influence the passage,
defeat or final content of leglslataon
B None of the performance rendered hereunder shall revolve, and no pomon of the funds
received by CONTRACTOR hereunder shall be used for or applied directly or mdlreetly
to the construction, operation, maintenance or admunstratton, or be utilized so as to bene-
fit m any manner any sectarian or religious facdtty or acttvtty
22.
PUBLICITY
A Where such action is appropriate, CONTRACTOR shall pubhctze the act~mtles con-
ducted by CONTRACTOR under ttus Agreement In any news release, sign, brochure, or
other advertising medtum, disseminating ~nformatlon prepared or dtstnbuted by or for
CONTRACTOR, the advertising medium shall state that the U S Department of Housing
and Urban Development's Community Development Block Grant Program funding
through the C~ty of Denton has made the project possible
B All pubhshed material and written reports submitted under this project must be originally
developed material unless otherwise specifically provtded tn th~s Agreement When ma-
terial not originally developed is included m a report, the report shall identify the source
tn the body of the report or by footnote This provlslon ~s apphcable when the material ~s
tn a verbatim or extensive paraphrase format
All published material submttted under this project shall include the followmg reference
on the front cover or tttle page
Thts document is prepared in accordance wtth the C~ty of Denton's Community Devel-
opment Block Grant Program, with funding received from the Umted States Department
of Houstng and Urban Development
C All reports, documents, studtes, charts, schedules, or other appended documentatton to
any proposal, content of basic proposal, or contracts and any responses, tnqumes, corre-
spondence and related material submitted by CONTRACTOR shall become the property
of CITY upon recetpt
Page 13 of 22
23
FUNDING APPLICATIONS
CONTRACTOR agrees to noUfy CITY each ttme CONTRACTOR ~s prepanng or sub-
m~tt~ng any appheat~on for funding ~n accordance w~th the following procedures
A When the apphcat~on ~s m the planmng stages, CONTRACTOR shall submit to CITY a
description of the funds being apphed for, and the proposed use of funds
B Upon award of or not,ce of award, wtuchever ~s sooner, CONTRACTOR shall not~fy
CITY of such award and the effect, ~f any, of such funding on the funds and program(s)
contracted hereunder Such not,ce shall be submitted to CITY, m writing
24
CHANGES AND AMENDMENTS
A Any alterations, additions, or deletions to the terms of ttus Agreement shall be by written
amendment executed by both part,es, except when the terms of th~s Agreement expressly
prowde that another method shall be used
B CONTRACTOR may not make transfers between or among approved hne ~tems w~thm
budget categories set forth m Exhibit B w~thout prior written approval of CITY CON-
TRACTOR shall request, ~n wntmg, the budget rews~on tn a form prescribed by CITY,
and such request for rews~on shall not increase the total monetary obligation of CITY un-
der th~s Agreement In addition, budget revis~ons cannot s~gmficantly change the nature,
intent, or scope of the program funded under th~s Agreement
C CONTRACTOR will submtt revised budget and program mformat~on, whenever the
level of funding for CONTRACTOR or the program(s) described hereto ~s altered
according to the total levels contmned m any port~on of Exhibit B
D It ts understood and agreed by the part,es hereto that changes tn the State, Federal or local
laws or regulations pursuant hereto may occur dunng the term of th~s Agreement Any
such mod~ficattons are to be automatically incorporated into th~s Agreement without writ-
ten amendment hereto, and shall become a part of the Agreement on the effective date
specified by the law or regulation
E CITY may, from t~me to t~me dunng the term of the Agreement, request changes ~n Ex-
htblt A, which may include an ~nerease or decreased tn the amount of CONTRACTOR's
compensation Such changes shall be ~ncorporated tn a written amendment hereto, as
provided m Subsection A of th~s Sectton
F Any alterations, deletion, or add~ttons to the Contract Budget Detatl incorporated ~n Ex-
htb~t B shall reqmre the prior written approval of CITY
Page 14 of 22
G CONTRACTOR agrees to notify CITY of any proposed change in physical location for
work performed under this Agreement at least 30 calendar days in advance of the change
H CONTRACTOR shall notify CITY of any changes in personnel or governing board
composition
I It is expressly understood that neither the performance of Exbablt A for any program con-
tracted hereunder nor the transfer of funds between or among said programs will be per-
mltted
25.
SUSPENSION OF FUNDING
Upon determination by CITY of CONTRACTOR's failure to timely and properly per-
form each of the requirements, tlme conditions and duties provided herein, CITY, without hmtt-
lng any nghts it may otherwise have, may, at its discretion, and upon ten worlang days written
notice to CONTRACTOR, withhold further payments to CONTRACTOR Such notice may be
given by mail to the Executive Officer and the Board of Directors of CONTRACTOR The no-
tice shall set forth the default or failure alleged, and the action required for cure
The period of such suspension shall be of such duration as is appropriate to accomphsh
corrective action, but in no event shall it exceed 30 calendar days At the end of the suspension
period, if CITY determanes the default or deficiency has been satisfied, CONTRACTOR may be
restored to full compliance status and paid all eligible funds withheld or impounded dunng the
suspension period If however, CITY determines that CONTRACTOR has not come into com-
phance, the provisions of Section 26 may be effectuated
26
TERMINATION
A CITY may terminate this Agreement for cause under any of the following reasons or for
other reasons not specifically enumerated in this paragraph
(1) CONTRACTOR's failure to attain compliance dunng any prescribed period of
suspension as prowded in Section 25
(2) CONTRACTOR's violation of covenants, agreements or guarantees of this
Agreement
(3) Termination or reduction of funding by the Umted States Department of Housing
and Urban Development
(4) Finding by CITY that CONTRACTOR
Page 15 of 22
(a) ts in such unsatisfactory financial condition as to endanger performance
under this Agreement,
(b) has allocated inventory to ti'ns Agreement substantially exceeding reason-
able requirements,
(c) is delinquent m payment of taxes, or of costs of performance of this
Agreement in the ordinary course of business
(5) Appointment of a trustee, receiver or hqmdator for all or substantial part of
CONTRACTOR's property, or Institution of bankruptcy, reorgamzatton, rear-
rangement of or hqmdatmn proceedings by or agmnst CONTRACTOR
(6) CONTRACTOR's inability to conform to changes required by Federal, State and
local laws or regulations as provided in Section 4, and Section 24(D), of flus
Agreement
(7) The commission of an act of bankruptcy
(8) CONTRACTOR's violation of any law or regulation to which CONTRACTOR is
bound or shall be bound under the terms of the Agreement
CITY shall promptly notify CONTRACTOR in writing of the decision to terminate and
the effective date of termination Simultaneous notice of pending termination maybe
made to other funchng source specified in Exhibit B
B CITY may terminate this Agreement for convenience at any time If CITY terminates this
Agreement for convenience, CONTRACTOR will be paid an amount not to exceed the
total of accrued expenditures as of the effective date of termination In no event will this
cc~mBenqstlon exceed an amount which bears the same ratio to the total compensation as
the services actually performed hears to the total services of CONTRACTOR cov~c~ hv
the Agreement, less payments previously made
C CONTRACTOR may terminate this Agreement in whole or in part by written notice to
CITY, if a termination of outside funding occurs upon which CONTRACTOR depends
for performance hereunder CONTRACTOR may opt, w~thin the limitations of this
Agreement, to se~ {. ' alternative funding soume, with the approval of CITY, provided
the termination b) ~ ~utsIde funding source was not occasioned by a breach of contract
as defined herein or as defined in a contract between CONTRACTOR and the funding
source in question
CONTRACTOR may terminate this Agreement upon the dissolution of CONTRAC~
TOR's organization not occasioned by a breach of this Agreement
Page 16 of 22
D Upon receipt of notice to terminate, CONTRACTOR shall cancel, withdraw or otherwise
terminate any outstanding orders or subcontracts, which relate to the performance of tins
Agreement CITY shall not be liable to CONTRACTOR or CONTRACTOR's creditors
for any expenses, encumbrances or obhgatlons whatsoever incurred after the termination
date listed on the notice to terminate referred to in flus paragraph
E Notwithstanding any exercise by CITY of its right of suspension or termination, CON-
TRACTOR shall not be reheved of liability to CITY for damages sustaaned by CITY by
virtue of any breach of the Agreement by CONTRACTOR, and CITY may withhold any
reimbursement to CONTRACTOR until such time as the exact amount of damages due to
CITY from CONTRACTOR is agreed upon or otherwise determined
:27.
NOTIFICATION OF ACTION BROUGHT
In the event that any claim, demand, suit or other action is made or brought by any per-
son(s), firm corporation or other entity against CONTRACTOR, CONTRACTOR shall give
written notlee thereof to CITY within two working days after being notified of such claim, de-
mand, stat or other action Such notice shall state the date and hour of notification of any such
claim, demand, suit or other action, the names and addresses of the person(s), firm, corporation
or other entity making such claim, or that instituted or threatened to institute any type of action
or proceeding, the basis of such clama, action or proceeding, and the name of any person(s)
agmnst whom such clmm is being made or threatened Such written not,ce shall be delivered ei-
ther personally or by mall
28
INDEMNIFICATION
A It ~s expressly understood and agreed by both parties hereto that CITY is contract-
lng with CONTRACTOR as an independent contractor and that as such, CON-
TRACTOR shall save and hold CITY, its officers, agents and employees harmless
from all llabihty of any nature or kind, including costs and expenses for, or on ac-
count of, any claims, audit exceptions, demands, suits or damages of any character
whatsoever resulting in whole or in part from the performance or omission of any
employee, agent or representative of CONTRACTOR.
B CONTRACTOR agrees to provide the defense for, and ~ ~ demmfy and hold
harmless CITY its agents, employees, or contractors from ,~y ~ ad all claims, suits,
cau,es of action, demands, damages, losses, attorney fees, expenses, and hablhty
arising out of the use of these contracted funds and program admlmstratlon and
implementation except to the extent caused by the willful act or omission of CITY,
its agents, employees, or contractors.
29.
MISCELLANEOUS
Page 17 of 22
A CONTRACTOR shall not transfer, pledge or otherwise assign ttus Agreement or any
terest thereto, or any clmm arising thereunder, to any party or parties, bank, trust eom-
pany or other finanmal mst~tut~on w~thout the prior written approval of CITY
B If any prows~on of this Agreement is held to be ~nvahd, illegal, or unenforceable, the re-
ma~mng prowslons shall remmn m full force and effect and conUnue to conform to the
original intent of both part,es hereto
C In no event shall any payment to CONTRACTOR hereunder, or any other act or fmlure
of CITY to ms,st m any one or more ~nstanees upon the terms and eontht~ons of flus
Agreement eons~.tute or be construed m any way to be a wmver by CITY of any breach
of covenant or default wlueh may then or subsequently be committed by CONTRAC-
TOR Neither shall such payment, act, or om~ss~on ~n any manner ~mpalr or prejudice any
right, power, privilege, or remedy avmlable to CITY to enforce ~ts rights hereunder,
which nghts, powers, pnwleges, or remedies are always spemfieally preserved No repre-
sentative or agent of CITY may wmve the effect of th~s prows~on
D Th~s Agreement, together w~th referenced exhtb~ts and attachments, constitutes the entire
agreement between the part,es hereto, and any prior agreement, assemon, statement, un-
derstanding or other commitment antecedent to th~s Agreement, whether written or oral,
shall have no force or effect whatsoever, nor shall an agreement, assemon, statement, un-
derstanding, or other commitment occumng dunng the term of this Agreement, or subse-
quent thereto, have any legal force or effect whatsoever, unless properly executed ~n wnt-
lng,,and ff appropriate, recorded as an amendment of this Agreement
E In the event any d~sagreement or d~spute should arise between the parties hereto pertmn-
tng to the interpretation or meaning of any part of this Agreement or its govermng rules,
codes, laws, ordinances or regulations, CITY as the party ulttmately responsible to HUD
for matters of comphanee, will have the rival authority to render or to secure an interpre-
tation
F For ,purposes of this Agreement, all offimal communications and notices among the par-
ties shall be deemed made if sent postage paid to the parties and address set forth below
CITY CONTRACTOR
C~ty Manager Interfmth Mlmstnes
C~ty of Denton ATTN Condell Garden, Director
215 E McI~nney St P O Box 1744
Denton, Texas 76201 Denton, TX 76202
G This Agreement shall be interpreted mn accordance wroth the laws of the State of Texas and
venue of any ht~gat~on concerning th~s Agreement shall be in a court competent junsdm-
t~on s~ttmg m Denton County, Texas
Page 18 of 22
IN WITNESS OF WHICH tins Agreement has been executed on thru the day of
,2000
CITY OF DEI'~ON
BY
MICHAEL W JEZ, CITY MANAGER
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
INTERFAITH MINISTRIES
ATTEST
BOARD gECRETARY
Page 19 of 22
City of Denton - Commumty Development Diws~ou
Quahfying Income Ltm~ts for Federally Assisted Programs
FY 2000/2001
Maximum Income Levels
Moderate Low Income Very-Low Income Extremely-Low
Income 65% AMI - <50% 50% AMI - <30% Income
Famdy Size 80% AMI - <65% AMI AMI <30% AMI
AMI
1 $34,050 - $27,651 $27,650 - $21,301 $21,300 - $12,751 $12,750 or Below
2 $38,900 - $31,601 $31,600- $24,301 $24,300 - $14,601 $14,600 or Below
3 $43,800 - $35,551 $35,550 - $27,351 $27,350 - $16,401 $16,400 or Below
4 $48,650 - $39,501 $39,500 - $30,401 $30,400 - $18,251 $18,250 or Below
5 $52,550 - $42,701 $42,700 - $32,851 $32,850 - $19,701 $19,700 or Below
6 $56,400 - $45,851 $45,850 - $35,251 $35,250 - $21,151 $21,150 or Below
7 $60,300 - $49,001 $49,000 o $37,701 $37,700 - $22,651 $22,650 or Below
8 $64,200 - $52,151 $52,150 - $40,151 $40,150 - $24,101 $24,100 or Below
Income L~m~t Source' U S Department of Housing and Urban Development Effective Aprtl 2000
EXHIBIT "A"
WORK STATEMENT
INTERFAITH MINISTRIES
Accept all Denton resadents who meet income reqmrements and who are experiencing an emer-
gency finaneaal need causing them to be delinquent m paying thear utahty balls
Promde operatmn hours from 9 00 a m - 11 00 a m and 1 00 - 5 00 p m Monday through Fri-
day
Organazatlon wall coor&nate utflaty assastance w~th other human sermce agencies nclud~ng the
non-profit Servme coordmatton agency Orgamzataon wall help to insure that chent anformataon
and sermce,bastomf ~s mmnt~uned vm a computer database to provade effiment servme dehvery
Organazatmn wall make utahty payments chrectly to utflaty promders for all or part of the past due
utflaty ball
The goal of thas program as to asmst each chent to work toward self-sufficaency
Assistance pmvaded includes payment ofutflaty balls for chents meeting income ehgabflaty grade-
lanes (see HUD quallf3ang income hmats chart)
Fundang frgm the Caty of Denton ~s will be used for the purpose of assastang with utlhty pay-
ments and program administration
OUTCOME MEASURES
Prowde assistance not mom than once to assistance apphcants per every s~x-month period except
~n the case of extreme hardshap Orgamzat~on will prowde utlhty assastance to at least 25 Denton
households, per month
At least 90% of Denton residents receavmg utility assistance payments will be entered into the
service coordmataon computer database
Page 21 of 22
EXHIBIT "B"
BUDGET
Utthty Payments $15,000 O0
Program Adm~mstrat~on $ 2,250 00
(to be prod m monthly payments)
TOTAL CONTRACT BUDGET $17,250 00
Page 22 of 22
, Agenda Item J..~
AGENDA INFORMATION SHEET Date
AGENDA DATE: September 26, 2000 Questions concerning tins
acqumuon may be &rected
DEPARTMENT: Mater~sl~ Management to Barbara Ross 349-7235
Kathy DuBose, F~scal and Mum¢lpal Serwces'~
ACM:
SUBJECT:
An Ordinance accepting competitive b~ds and awarding a contract for Domestic Violence,
Sexual Assault, Crisis Intervention & Prevention Program, prowdmg for the expenditure of
funds therelbre, and provichng for an effectwe date (B~ 2528 - Domestic Violence, Sexual
Assault, Crisis Intervention and Prevention Program, awarded to Denton County Friends of the
Family, m the amount of $36,000)
BID INFORMATION:
Tins bid is to provide shelter and protective services to assist v~ctims of domestic wolence and
sexual assault, as well as programs to reduce the incidence of domestic v~olence and sexual
assault
RECOMI~ENDATION:
We recommend tlm be awarded to the sole bidder, Denton County Fnends of the Funuly, m the
amount of $36,000
PLACE OF BUSINESS:
Denton County Friends of the Famdy
Denton, TX
ESTIMATED SCHEDULE OF PROJECT:
Tim agreement shall commence upon approval and terminate on September 30, 2001, unless the
contract ~s sooner terminated under Section VII "Suspension or Termination" under the contract
agreement
FISCAL INFORMATION:
CDBG funds have been appropriated for tins program account ( 100-051-015M-8931)
Tom Shaw, C.P M, 349-7100
Pm'chasing Agent
Attachment I Tabulation Sheet
1437 AGENDA
, ATTACHMENT 1
TABULATION SHEET
B~d # 2528 Date 7/11/00
Emergency Utility Assistance Program for Low-Income Famd~es
DESCRIPTION VENDOR
~ o ~ ~ , Denton County Fr,ends of the
, ~ ,~ ~o~ ~,, Famdy
Pnnclple Place of Bus~ness Denton, TX
TOTAL BASE BID $36,000 00
ORDINANCE NO
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
DOMESTIC VIOLENCE, SEXUAL ASSAULT, CRISIS INTERVENTION & PREVENTION
PROGRAM, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND
PROVIDING FOR AN EFFECTIVE DATE (BID 2528 - DOMESTIC VIOLENCE, SEXUAL
ASSAULT, CRISIS INTERVENTION AND PREVENTION PROGRAM, AWARDED TO
DENTON COUNTY FRIENDS OF THE FAMILY, IN THE AMOUNT OF $36,000)
WHEREAS, the C~ty has sohc~ted, received and tabulated competitive Nds for the purchase
of necessary matermls, eqmpment, supphes or services ~n accordance w~th the procedures of STATE
law and C~ty ordinances, and
WHEREAS, the C~ty Manager or a designated employee has rewewed and recommended
that the hereto described bxds are the lowest responsible btds for the materials, eqmpment, supphes
or serwcos as shown m the "B~d Proposals" submitted therefore, and
WHEREAS, the C~ty Cotmcfl has provided ~n the C~ty Budget for the appropnatton of funds
to be used for the purchase of the materials, eqmpment, supphes or services approved and accepted
here~n, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the following competitive Nds for materials, eqmpment, supphes, or
serwces, described ~n the "B~d Proposals" on file m the office of C~ty's Purchasing Agent filed
according to the Nd number assigned hereto, are hereby accepted and approved as being the lowest
responstble Nds for such ~tems
BID ITEM
NUMBER NO CONTRACTOR AMOUNT
2528 ALL DENTON COUNTY FRIENDS OF THE FAMILY $36,000
SECTION II That the acceptance and approval of the above compet~ttve Nds, the C~ty
accepts the offer of the persons submitting the Nds for such ~tems and agrees to purchase the
materials, eqtapment, supphes or services in accordance w~th the terms, specfficat~ons, standards,
quant~txes and for the spemfied sums contmned ~n the B~d Inwtat~ons, B~d Proposals, and related
documents
SECTIONIII ThattheC~tyandpersonssubm~tttngappr~J xndaccepted~temsandofthe
submitted Nds wtsh to enter into a formal written agreement as a result of the acceptance, approval,
and awarding of the btds, the C~ty Manager or h~s designated representative ~s hereby authorized to
execute the written contracts whmh shall be attached hereto, prowded that the written contract ~s ~n
accordance w~th the terms, condmons, spemficat~ons, standards, quantities and spectfied sums
SECTION IV That by the acceptance and approval of the above competitive b~ds, the City
Councd hereby authorizes the expenditure of funds therefor ua the amount and m accordance wah the
approved bids or pursuant to a written contract made pursuant thereto as authorized hereto
SECTION V That tl~ ordinance shall become effective unmedmtely upon its passage and
approval
PASSED AND APPROVED tins the day of ,2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
2528 DOMESTIC VIOLENCE, SEXUAL CONTRACT ORDINANCE
2000 - 2001 SERVICE AGREEMENT BETWEEN THE
CITY OF DENTON, TEXAS AND
DENTON COUNTY FRIENDS OF THE FAMILY
BID #2528
Tlus Agreement is hereby entered into by and between the City of Denton, Texas, a
Home Rule Mumelpal Corporatmn, hereinafter referred to as "City", and Denton, and Denton
County Friends of the Fanuly, P O Box 640, Denton, TX 76202, hereinafter referred to as~ "Or-
ganization",
WHEREAS, City's Human Servlees Committee ("HSC") has reviewed the proposal for
services and has determmed that Orgamzatlon performs an important service for the residents of
Denton w~thout regard to race, religion, color, age or national ongm, and HSC recommends the
purchase of serrates, and
WHEREAS, City has determined that the proposal for services merits assistance and can
provide needed sermces to clttzens of City and has promded funds in its budget for the purpose
of paying for contractual services,
NOW, THEREFORE, the parties hereto mutually agree as follows
1.
SCOPE OF SERVICES
Organization shall in a satisfactory and proper manner perform the following tasks, for
which the monies provided by City may be used
A Provide protective residentml shelter for famdles with 24-hour service to shelter resi-
dents
B Provide counseling, on both a residential and non-residential basis, to family members, to
assist them in dealing with the emotional and physical trauma of domesUc molence
C Promde cotmsehng services to victims of sexual assault and their families
D Provide commumty education services concerning sexual assault and domestic violence
E Provide a toll flee crisis hothne available 24 hours per day to all individuals m need of
access to domestic molence support issues, ~nformatlon and referral to other semces
F Pmmde child and adolescent treatment services for children ages 3 through 17 include
play therapy, activity therapy, individual and group therapy
Page 1 of 17
Orgamzatlon shall perform those services described in the Work Statement herein attached as
Exlublt A
2
OBLIGATIONS OF ORGANIZATION
In eunslderatlun of the receipt of funds from C~ty, Orgamzat~on agrees to the followmg
terms and conditions ,
A Thirty six thousand dollars ($36,00 00) may be prod to Orgamzatlon by Cxty, and the only
expenditures rennbursed from these funds, shall be those xn accordance wxth the project
budget, attached hereto as Exhtbit B and incorporated herein by reference, for those ex-
penses hstad m the scope of services as provided herexn Orgamzat~on shall not utfl, ze
these funds for any other purpose
B It will estabhsh, operate, and mamtmn an account system for this program that will allow
for a tracing of funds and a rev, ew of the financial status of the program
C It will permit authonzad officials of City to review its books at any time
D It will reduce to writing all of ~ts roles, regulations, and policies and file a copy with
Cxty's Community Development Office along w,th any amendments, additions, or rew-
slons whenever adopted
E It will not enter mto any contracts that would encumber City funds for a period that
would extend beyond the term of this Agreement
F It will promptly pay all bills when submitted unless there ,s a discrepancy in a bill, any
errors or d~screpanc~as in bills shall be promptly reported to C~ty's Asmstant City Man-
ager for Ftscal& Mumc~pal Services, or her authorized representative, for further (hrec-
tion
G It will appomt a representative who will be avmlable to meet with City's Assistant C,ty
Manager for Fiscal & Mummpal Servxces and other C~ty officials when requested
H It will mdemmfy and hold harmless Cxty from any and all clmms and stats ansxng out of
the actxvttxas of Orgamzatlon, its employees, and/or contractors
I It will submit to City cop~es of year-end audited financial statements
3.
TIME OF PERFORMANCE
Page 2 of 17
The services funded by City shall be undertaken and completed by Organization within
the following 'amc frame
October 1, 2000 through September 30, 2001, unless the contract is sooner terminated
under Section 7 "Suspension or Termmatlon"
4
COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
A Orgamzatlon shall comply with all applicable federal laws, laws of the State of Texas and
orchnances of the City of Denton
5
REPRESENTATIONS
A Orgamzatmn assures and guarantees that it possesses the legal authority, pursuant to any
proper, appropriate and official motion, resolution or action passed or taken, to enter into
this Agreement
B The person or persons sIgumg and executing this Agreement on behalf of Orgamzatlon,
do hereby warrant and guarantee that he, she, or they have been fully authorized by Or-
ganization to execute this Agreement on behalf of Organization and to validly and legally
bind Organization to all terms, performances and provisions herein set forth
C Clty shall have the right, at its option, to either temporarily suspend or permanently ter-
minate this Agreement af there is a dispute as to the legal authority of either Orgamzation
or the person signing the Agreement to enter into this Agreement Organization is liable
to City for any money it has received from City for performance of the provisions of this
Agreement if City has suspended or terminated this Agreement for the reasons enumer-
ated in this Section
D Organization agrees that the funds and resources provided Organization under the terms
of this Agreement will in no way be substituted for funds and resources from other
sources, nor in any way serve to reduce the resources, services, or other benefits which
would have been avmlable to, or provided through, Organization had this Agreement not
been executed
6
COVENANTS
A Dunng the p~nod of time that payment may be made hereunder and so long as any pay-
ments remain unliqmdated, Orgamzat~on shall not, without the prior written consent of
the Community Development Administrator or her authorized representative
Page 3 of 17
(1) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the
assets of Orgamzatlon now owned or hereafter acqmred by it, or permit any pre-
exmtlng mortgages, liens, or other encumbrances to remmn on, or attached to, any
assets of Orgamzation which are allocated to the performance of this Agreement
and with respect to which Cay has ownership hereunder
(2) Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes
or clmms for money due or to become due
(3) Sell, convey, or lease all or substantial part of its assets
(4) Make any advance or loan to, or recur any liability for any other firm, person, en-
tity or corporatmn as guarantor, surety, or accommodation endorser
(5) Sell, donate, loan or transfer any equipment or item of personal property pur-
chased with funds pa~d to Organization by City, unless City authorizes such trans-
fer
B Should Orgamzatlon use funds received under this Agreement to acquire or improve real
property under Organization's control, Organlzat~on agrees and covenants
(1) That the property shall be used to meet one of the national objectives stated in 24
CFR 570 until August 31, 2006
(2) That should Organization transfer or otherwise dispose of smd property on or be-
fore August 31, 2006, Organization shall reimburse City in the amount of the fair
market value of this property less any pomon of the value attributable to expendi-
tures ofnon-CDBG funds for acqmsltion of, or improvement to, the property
C Orgamzation agrees, upon written request by City, to require its employees to attend
trmmng sessions sponsored by the Community Development Office
7
PAYMENTS
A PAYMENTS TO ORGANIZATION City shall pay to Organization a maximum amount of
money not to exceed th~% ,ix thousand dollars ($36,000 00) for services rendered under
this Agreement City ,~ ~ pay these funds on a reimbursement basis to Organization
witlun 20 days after City has received supporting documentation Orgamzatlon's failure
to request reimbursement on a timely basis, may jeopardize present or future funding
B EXCESS PAYMENT Organization shall refund to C~ty within ten working days of C~ty's
request, any sum of money wtuch has been prod by City and which City at any time
thereafter determines
Page 4 of 17
(1) has resulted m overpayment to Orgamzatlon, or
(2) has not been spent strictly in accordance with the terms of tlus Agreement, or
(3) is not supported by adequate documentation to fully justify the expenditure
C Orgamzatlon's reimbursement request for any one month period will not exceed one-fifth
(1/5) of any budgeted line items for costs as specified m Exhibit B
D DEOBLIGATION OF FUNDS[REVERSION OF ASSETS In the event that actual expenditures
dewate fi:om Organization's prowslon of a corresponding level of performance, as speci-
fied m Extubxt A, City hereby reserves the right to reappropnate or recapture any such
under expended funds If City finds that Organization is unwdlmg and/or unable to com-
ply with any of the terms of this Contract, City may require a refund of any and all
money expended pursuant to tbas Contract by Orgamzatlon, as well as any remmmng un-
expended funds which shall be refunded to City wltlun ten working days of a written no-
tree to Organization to revert these financial assets The reversion of these financial as-
sets shall be m addition to any other remedy available to City either at law or m equity for
breach of tins Contract
E CONTRACT CLOSE OUT Organization shall submit the contract close out package to City,
together with a final expenditure report, for the time period covered by the last invoice
requesting rennbursement of funds under this Agreement, within 15 working days
following the close of the contract period Organization shall utilize the form agreed
upon by City and Organizat~on
8
MAINTENANCE OF RECORDS
A Organization agrees to maintain records that will provide accurate, current, separate, and
complete disclosure of the status of the funds received under this Agreement, in comph-
ante with the provisions of Exhibit B, attached hereto, and with any other applicable
Federal and State regulations establishing standards for financial management Organlza-
hen's record system shall contain sufficient documentation to provide in detml full sup-
port and justification for each expenditure Nothing in thru Section shall be construed to
relieve Organization of fiscal accountability and liability under any ~*1~ ~rovmlon of this
Agreement or any applicable law OrgamzaUon shall include the s,i~ s~, ~e of this provi-
sion in all subcontracts
B Organization agrees to retmn all books, records, documents, reports, and written accotmt-
mg procedures pertmmng to the operation of programs and expenditures of funds under
thru Agreement for five years
Page 5 of 17
C Nothtng In the above subsections shall be construed to reheve Orgamzatlon of responsl-
bd~ty for retmmng accurate and current records that clearly reflect the level and benefit of
services prowded under th~s Agreement
D At any reasonable time and as often as C~ty may deem necessary, the Organization shall
make avmlable to City, HUD, or any of their authorized representatives, all of its records
and shall permit C~ty, HUD, or any of their authorized representatives to audit, examine,
make excerpts and copies of such records, and to conduct audits of all contracts, lnvglces,
materials, payrolls, records of personnel, condlt~ons or employment and all other data re-
quested by said representatives
9.
REPORTS AND INFORMATION
At such tnnes and m such form as C~ty may require, Organizatmn shall furnish such
statements, records, data and mformat~on as City may request and deem pertinent to matters cov-
ered by flus Agreement
Orgamzataon shall submit quarterly beneficiary and financial reports to City no less than
once each three months The beneficiary report shall detml chent ~nformat~on, ~ncludlng race,
raceme, female head of household and other statistics reqmred by City The financial report shall
include information and data relative to all programmattc and financial reporting as of the begm-
nmg date specified m Section 1 ofth~s Agreement
Unless the City has granted a written exemption, Organization shall submit an audit con-
ducted by ~ndependent examiners w~th ten days after receipt of such
10
EVALIJATION
Organization agrees to participate m an ~mplementat~on and mmntenance system whereby
the servmes can be continuously momtored Organization agrees to make available its financml
records for rewew by C~ty at City's discretion In addition, Orgamzatlon agrees to provide C~ty
the following data and reports, or copies thereof
A All external or mternal audits Orgamzat~on shall submit a copy of the annual independ-
ent audit to City w~thm ten days of receipt
B All external or internal evaluation reports
C Quarterly performance/beneficiary reports to be subnntted m January, April, July and
September, to include such ~nfonnatlon as requested by the City's Commumty Develop-
ment Division ~ncludlng but not limited to number of persons or households assisted,
race, gender, dasabfllty status and household income
Page 6 of 17
D Orgamzation agrees to submit quarterly financxal statements xn January, April, July, and
September Each statement shall include current and year-to-date period accountxng of
all revenues, expenditures, outstanding obhgatxons and begmmng and ending balances
E An explanation of any major changes in program services
F To comply with this section, Organlzataon agrees to mmntaln records that will pr0wde
accurate, current, separate, and complete disclosure of the status of funds received and
the services performed under tins Agreement Orgamzatlon's record system shall contmn
sufficient documentation to provide in detml full support and justfficatlon for each ex-
penditure Orgamzatlon agrees to retain all books, records, documents, reports, and writ-
ten accounting procedures pertmmng to the servmes provided and expemhture of funds
under this Agreement for the period of time and under the conditions spemfied by the
City
G Notlung in the above subsections shall be construed to reheve Organization of responsl-
b fifty for retaining accurate and current records that clearly reflect the level and benefit of
servmes provided under tins Agreement
11
DIRECTORS' MEETINGS
Dunng the term of this Agreement, Organization shall dehver to City cop~es of all notxces
of meetings or,ts Board of D~rectors, settang forth the time and place thereof Such notice shall
be delivered to City in a timely manner to give adequate notice, and shall ~nclude an agenda and
a brief description of the matters to be discussed Organization understands and agrees that
City's representatives shall be afforded access to all meetings of~ts Board of Directors
Minutes of all meetings of Organization's govermng body shall be available to City
w~thm ten working days of approval
12
SUSPENSION OR TERMINATION
A The City may termmate th~s Agreement with cause if the Organlzatxon vxolates any cove-
nants, agreements, or guarantees of th~s Agreement, the Organ~zatxon's insolvency or ill-
mg of bankruptcy, chssolutlon, or receivership, or the Organization's wolat~on of any law
or regulation to which it is bound under the terms of thru Agreement
B The City may terminate this Agreement for convenience at any time If the C~ty tenm-
nates this Agreement for convemence, Organization will be prod an amount not to exceed
the total amount of accrued expenditures as of the effective date of termination In no
event will tins compensation exceed an amount, which bears the same ratxo to the total
Page 7 of 17
compensation as the services actually performed bears to the total sermces of Organiza-
tion covered by the Agreement, less payments prewously made
In case of suspension, Caty shall adwse Organization, ~n writing, as to conditions prece-
dent to the resumptaon of funding and specafy a reasonable date for compliance
In case of tenmnatlon, Orgamzat~on wall remit to City any unexpended C~ty funds Ac-
ceptance of these funds shall not constitute a waiver of any clmm C~ty may otherwase
have ansang out of tlus Agreement
13
PERSONNEL POLICIES
Personnel pohc~es shall be estabhshed by Organazatlon and shall be available for exann-
nat~on Such personnel pohc~es shall
A Be no more hberal than C~ty's personnel pohcaes, procedures, and practices, ~ncludlng
pohmes w~th respect to employment, salary and wage rates, working hours and hohdays,
fnnge benefits, vacation and sack leave privileges, and travel, and
B Be m writing and shall be approved by the govemang body of Orgamzat~on and by C~ty
14
EQUAL OPPORTUNITY AND COMPLIANCE WITIt LAWS
A Orgamzataon will subnnt for C~ty approval, a written plan for comphance with the Equal
Employment and Affirmatave Action Federal provasaons, w~thln one hundred twenty
(120) days of the effective date ofthas Agreement
B Organazat~on shall comply wtth all apphcable equal employment opportumty and
affirmative action laws or regulations
C Organization will furnish all mformat~on and reports requested by Caty, and wall permit
access to ~ts books, records, and accounts for purposes of mvestagataon to ascertain eom-
phance wath local, State and Federal roles and regulataons
D In the event of Organ~zataon's non-comphance wath the non-dtscnm~nahon reqmrements,
the Agreement may be canceled, ternnnated, or suspended m whole or ~n part, and Or-
gamzat~on may be barred fi.om further contracts w~th C~ty
15
WARRANTIES
Organization represents and warrants that
Page 8 of 17
A All information, reports and data heretofore or hereafter requested by City and furnished
to City, are complete and accurate as of the date shown on the information, data, or re-
port, and, since that date, have not undergone any slgmficant change without written no-
tlce to City
B Any supporting financial statements heretofore requested by City and fumashed to City,
are complete, accurate and fairly reflect the financial conditions of Organization an the
date shown on said report, and the results of the operation for the period covered by the
report, and that smee said date, there has been no material change, adverse or otherwase,
m the fmanmal condition of Organization
C No htigatlon or legal proceedings are presently pending or threatened against Organiza-
tion
D None of the proms~ons herein contravene or are in conflmt w~th the authority under which
Organization is domg business or with the provisions of any existing indenture or agree-
ment of Orgamzat~on
E Orgamzat~on has the power to enter into this Agreement and accept payments hereunder,
and has taken all necessary action to authorize such acceptance under the terms and eon-
dmons of this Agreement
F None of the assets of Organtzatmn are subject to any lien or encumbrance of any charac-
ter, except for current taxes not dehnquent, except as shown in the financial statements
furnished by Organization to C~ty
Each of these representations and warranties shall be continuing and shall be deemed to
have been repeated by the submission of each request for payment
16
CHANGES AND AMENDMENTS
A Any alterations, add~tmns, or deletions to the terms of this Agreement shall be by written
amendment executed by both parties, except when the terms of this Agreement expressly
provide that another method shall be used
Organization may not make transfers between or among approved hne items within
budget categories set forth in Extub~t B without prior written approval of the Community
Development Admimstrator for the City Organization shall request, in writing, the
budget revision in a form prescribed by City, and such request for revision shall not 1n-
crease the total monetary obligation of City under this Agreement In addmon, budget
revisions cannot s~gmflcantly change the nature, intent, or scope of the program funded
under this Agreement
Page 9 of 17
C Orgamzatlon will submit revised budget and program information, whenever the level of
funding for Organization or the program(s) described herein is altered according to the
total levels contained in any portion of Exhibit B
D It is understood and agreed by the parties hereto that changes in the State, Federal or local
laws or regulations pursuant hereto may occur during the term of this Agreement Any
such modifications are to be automatically Incorporated into this Agreement without,vent-
ten amendment hereto, and shall become a part of the Agreement on the effective date
specified by the law or regulation
E City may, from time to time dunng the term of the Agreement, request changes In Exhibit
A which may include an increase or decrease in the amount of Organization's compensa-
tion Such changes shall be incorporated in a written amendment hereto, as provided in
Subsection A ofthls Section
F Any alterations, deletions, or adthtions to the Contract Budget Detml incorporated in Ex-
hibit B shall reqmre the pnor written approval of City
G Organization agrees to notify City of any proposed change in physical location for work
performed under this Agreement at least 30 calendar days in advance of the change
H Organization shall notify City of any changes in personnel or governing board composi-
tion
I It is expressly understood that neither the performance of Exhibit A for any program con-
tracted hereunder nor the transfer of funds between or among said programs will be
permitted
17.
NOTIFICATION OF ACTION BROUGHT
In the event that any claim, demand, suit or other action is made or brought by any per-
son(s), firm corporation or other entity against Organization, Organization shall give written no-
tice thereof to City within two working days after being notified of such claim, demand, stat or
other action Such notice shall state the date and hour of notification of any such elmm, demand,
suit or other action, the names and addre~c of the person(s), firm, corporation or other entity
making such olmm, or that lnst~tuted or tL~ z~ ,ned to institute any type of action or proceeding,
the basis of such claim, action or proceeding, and the name of any person(s) against whom such
claim is being made or threatened Such written notice shall be delivered either personally or by
mml
18
Page 10 of 17
INDEMNIFICATION
A It is expressly understood and agreed by both parties hereto that City is contracting
with Organization as an independent contractor and that as such, Orgamzatlon
shall save and hold City, ~ts officers, agents and employees harmless from all ilabil-
lty of any nature or kind, including costs and expenses for, or on account of, any
claims, audit exceptions, demands, suits or damages of any character whatsoever re-
sultmg in whole or in part from the performance or omission of any employee, ~gent
or representative of Orgamzation.
B Orgamzation agrees to provide the defense for, and to indemnify and hold harmless
City ~ts agents, employees, or contractors from any and all claims, suits, causes of
action, demands, damages, losses, attorney fees, expenses, and liability arising out of
the use of these contracted funds and program admimstration and implementation
except to the extent caused by the willful act or omission of City, its agents or em-
ployees.
19
INSURANCE
A Orgamzatmn shall observe sound business practices with respect to providing such bond-
ing and insurance as would prowde adequate coverage for services offered under this
Agreement
B The premises on and an which the activities described in Exhibit A are conducted, the
employees conducting these activities, shall be covered by premise liability insurance,
commonly referred to as "Owner/Tenant" coverage with City named as an additional in-
sured Upon request of Orgamzataon, City may, at its sole discretion, approve alternate
insurance coverage arrangements
C Organization will comply with applicable workers' compensation statutes and will obt0an
employers' hablhty coverage where available and other appropriate liability coverage for
program participants, if applicable
D Organization will malntoan adequate and continuous liability insurance on all vehicles
owned, leased, or operated by Organization All employees of Organization who are re-
qmred to drive a vetuele in the normal scope and course of their employment r/~* pos-
sess a valid Texas Driver's license and automobile hablhty insurance Evldc~c, the
employee's current possession of a valid license and insurance must be maintained on a
current basis m Orgamzatlon's files
E Actual losses are not covered by insurance as required by this Section are not allowable
costs under this Agreement, and remmn the sole responslblhty of Organization
Page 11 of 17
F The policy or policies of insurance shall contain a clause which reqmms that Clty and
Organlzataon be notified m writing of any cancellation or change in the policy at least 30
days prior to such change or cancellaUon
20.
CONFLICT OF INTEREST
A Orgamzatlon covenants that neither it nor any member of its governing body pre~iently
has any interest, direct or redirect, which would conflict m any manner or degree with the
performance of services required to be performed under thru Agreement Organization
further covenants that m the performance of tins Agreement, no person havmg such inter-
est shall be employed or appointed as a member or,ts govermng body
B Orgaruzatlon further covenants that no member of its governang body or ~ts staff, subcon-
tractors or employees shall possess any interest an or use his/her posmon for a purpose
that is or gives the appearance of being motivated by desire for private gam for him-
self/herself, or others, particularly those w~th which he/she has family, business, or other
ties
C No officer, member, or employee of City and no member of ItS govermng body who ex-
emlses any function or responslbthtles in the review or approval of the undertaking or
carrying out of tins Agreement shall partwipate ~n any decision relating to the Agreement
winch affects his or her personal interest or the interest in any corporation, partnership, or
association m which he or she has a direct or ~ndlrect interest
21
NEPOTISM
Organ~zation shall not employ m any paid capacity any person who IS a member of the
lmmedmte family of any person who is currently employed by Organization, or lSa member of
Organization's govermng board The term "member of lmmedmte family" includes wife, hus-
band, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, meoe, steppar-
em, stepchild, half-brother and half-sister
22.
NOTICE
Any notice or other written mstrument reqmred or permitted to be dehvered under the
terms of tins Agreement shall be deemed to have been delivered, whether actually received or
not, when deposited m the Umted States marl, postage prepmd, registered or certified, return re-
ceipt requested, addressed to Orgamzatlon or City, as the case may be, at the following ad-
dresses
CITY ORGANIZATION
Page 12 of 17
City of Denton, Texas Denton County Friends of the Family
Arm City Manager ATTN Jane Ogletree, Director
215 E McKnmey P O Box 640
Denton, TX 76201 Denton, TX 76202
E~ther party may change its mmhng address by sending notice of change of address to the
other at the above address by c~rtlfi~d mml, return receipt requested ~
23
MISCELLANEOUS
A Orgamzatlon shall not transfer, pledge or otherwise assign this Agreement or any interest
therein, or any clmm arising thereunder to any party or parties, bank, trust company or
other financial mst~tutmn without the prior wntten approval of City
B If any provmmn of ttus Agreement is held to be ~nvahd, dlegal, or unenforceable, the re-
mmmng prowslons shall remain m full force and effect and continue to conform to the
original intent of both parties hereto
C In no event shall any payment to Organization hereunder, or any other act or failure of
City to insist m any one or more instances upon the terms and conditions of this Agree-
ment constitute or be construed in any way to be a waiver by City of any breach of cove-
nant or default which may then or subsequently be committed by Organization Neither
shall such payment, act, or omlssmn m any manner impair or prejudice any nght, power,
pnvdege, or remedy avmlable to City to enforce its rights hereunder, which nghts, pow-
ers, privileges, or remedies are always specifically preserved No representative or agent
of City may waive the effect of this provision
D This Agreement, together with referenced exhibits and attachments, constitutes the entire
agreement between the parties hereto, and any prior agreement, assertion, statement, un-
derstanding, or other commitment occumng dunng the term of this Agreement, or subse-
quent thereto, have any legal rome or effect whatsoever, unless properly executed in writ-
lng, and if appropnate, recorded as an amendment of this Agreement
E In the event any (hsagreement or dxspute should arise between the parties hereto pertain-
lng to the ~nterpretatlon or meaning of any part of this Agreement or its governing roles,
codes, laws, ordinances, or regulations, City as the party ultimately responsible to HUD
for matters of compliance, will have the final authority to render or to secure an interpre-
tation
Page 13 of 17
F Thts Agreement shall be interpreted m accordance with the laws of the State of Texas and
venue of any htlgatlon concerning this Agreement shall be in a court of competent juris-
diction sitting In Denton County, Texas
IN WITNESS WHEREOF, the part, es do hereby affix their signatures and enter into flus
Agreement as of the day of ,2000
CITY OF DENTON, TEXAS
BY
MICHAEL W JEZ, CITY MANAGER
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
Name of Organization
EX]~UTIVE~DIP4~CTOR
ATTEST
Page 14 of 17
EXHiBIT "A"
WORK STATEMENT
* Accept chents without regard to mcome level, age, gender, race, national origin, physical
hancheap, sexual preference, or poht~cal persuasion Keep a record of this information
for all clients recelwng servaces
* Meet or exceed the gmdelmes of the appropriate hcensing or accreditation entity
· Provide a toll free, 24-hour cns~s hothne available to all mthvlduals ~n a domestic wo-
lence ChinS, sexual assault crisis or in need of mformat~on and referral
· Provide protective res~dentlal shelter for famihes with 24-hour service to shelter res~-
dents
· Pwwde family wolence outreach ~ncludmg community education to all residents of
Denton with an emphasis on low-mcome areas of the commumty
· Prowde a sexual assault program including a rape crisis team on call 24 hours per day to
advocate for the wctnn, a Rape Crisis Advocate, ~nformatlon and support, and ~nd~v~dual
and group counseling
· Prowde child and adolescent treatment services for ages 3 through 17 including play
therapy, activity therapy, and individual and group therapy
· Provide a batterers intervenUon program geared to facilitate the batterer to take responsi-
bility for h~s or her abusive behawor and generate non-controlling, non-abusive behaviors
to handle situations
· Prowde a parenting program designed specifically for famlhes experiencing cns~s and
extreme stress or refer wet,ms of domestic wolenee to such a program m the community
· Work with other human service agencies to assist homeless or potentmlly homeless fami-
lies to achieve self-suffic~ency
· Work with local homeless providers to provide housing and translt~onal services to home-
less and potentially homeless families who are victims of domestic violence and/or sexual
assault
OUTCOME MEASURES
· Provide services to at least 500 C~ty ~,~ De ton residents dunng the contract year
· Send an agency representative to each quarterly meeting of the Continuum of
Care Planning Committee
Page 16of17
EXHIBIT "B"
BUDGET
EXAMPLE '
Employee Salaries $36,000 00
(Direct Care Staff Only)
Monthly Request $ 3,000 00
Page 17 of 17
Agenda No _~
AGENDA INFORMATION SHEET Agenda Item ·
..wte
AGENDA DA~: Sept~ 26, 2000 ~ue~om ~e~ t~ '
~q~t~on ~y ~ ~ected
DEP~TMENT: ~te~ ~e~m to B~ Ross 349-7235
ACM: ~y D~ose, F~ md M~c~ Se~ces ~
SUB.CT:
~ Or~ ~c~ co~t~ve b~ ~d a~g a con~t for Se~-S~c~en~ ~o~
for ~w-~ & Ho~ Famd~e~ prowd~g for ~e e~en~ of ~s t~efo~, ~d
pm~ for ~ e~tive ~te ~id 2529 - Self-Sufficiency Pro~ ~r Low-Inco~ &
Ho~ F~s a~ed to Hope, ~, ~ ~e ~o~t of $30,000)
B~ ~O~A~ON:
~ bid m ~r ~ ~ces to &e ho~less ~A ~t~t~ ho~less m D~ton who
~lp ~e~lv~, and ~s~ m do ~, to~ e~b~g ~ ~g serf-re.ce ~d
towed ~com~ m~e~ ~ prod~ ~ of the co~W
S~es ~l~e ~ ~ ~e~ v~t~on ~d ~s~ce ~ app~ation to t~
Hom~ Au~ ~r ~ or ~ol~ ~p~ p~m, coord~te semces for ~e
~t~e ~y ~ ~s~ m b~get p!znnlng, go~ ~mg ~d job
~COMMENDA~ON:
We re~ th~s ~ a~d~ to ~ ~le bidder, Hope, I~ m the ~o~t of $30,000
EST~ATED SC~D~E OF PRO.CT:
~ ~ ~ ~e upon ~pm~ ~d te~te on Septem~r 30, 2001, ~ess
~on~ t~ ~ ~ ~ S~on ~ "Te~tion" ~der the cont~t
PLACE OF BUs.sS:
Hope, I~
D~to~ ~
FISCAL ~FO~ATION:
CDBG ~ ~ve ~en ap~opmted ~r th~s pro~ ~co~t (219-05H-CD~-8502)
Tom S~w, C P M, 349-7100
P~e~mg Agent
A~ 1' Tab~Uon S~
1438 AG~A
ATTACHMENT 1
TABULATION SHEET
B~d # 2529 Date 8/1/00
Self-Sufficiency Program for Low-Income & Homesless Famlhes
DESCRIPTION VENDOR
?~ Hope, Inc
Pnnc~ple Place of Bus~ness Denton, TX
TOTAL BASE BID $30,000 00
ORDINANCE NO
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
SELF-SUFFICIENCY PROGRAM FOR LOW-INCOME & HOMELESS FAMILIES,
PROVIDiNG FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN
EFFECTIVE DATE (BID 2529 - SELF-SUFFICIENCY PROGRAM FOR LOW-INCOME &
HOMELESS FAMILIES AWARDED TO HOPE, INC, IN THE AMOUNT OF $30,000)
WHEREAS, the City has sohmted, received and tabulated compet~tnte bids for the purchase of
necessary mater~al.q~ eqmpment, supphes or services tn accordance wahthe procedures of STATE law
and City ordinances, and
WHEREAS, the City Manager or a designated employee has reviewed and recommended that
the hereto described bffis are the lowest responsible bids for the materials, equipment, supphes or
serrates as shown m the "Bid Proposals" submitted therefore, and
WHEREAS, the City Council has provided m the City Budget for the appropriation of funds
to be used for the purchase of the materials, eqmpment, supphes or sermces approved and accepted
hereto, NOW, THEREFORE,
TIIE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the following competttive bids for materials, eqmpment, supphes, or
sermces, descrihed in the "Bid Proposals" on file m the office of City's Purchasing Agent filed
according to the bid number assigned hereto, are hereby accepted and approved as being the lowest
respous~le bids for such ~tems
BID ITEM
NUIVlBER NO CONTRACTOR AIVlOUNT
2529 ALL HOPE, INC $30,000
SECTION II That the acceptance and approval of the above competitive bids, the City
accepts the offer of the persons submlttlng the bids for such items and agrees to purchase the
materials, eqmpment, supphes or services tn accordance with the terms, specilicatlons, standards,
quantities and for the specttied sums contained m the Bid Invitations, Bid Proposals, and related
documents
~ That the C~y and persons subrmttmg approved and accepted ~tems and ofthe
~brmtted bKls wish to enter into a formal written agreement as a result of the acceptance, approval,
and awarding of the bids, the City Manager or lus designated representative ~s hereby authorized to
execute the written contracts wluch shall be attached hereto, provided that the written contract ~s in
accordance with the terms, conditions, spectficatlons, standards, quantit~es and specffied sums
contained m the Bid Proposal and related documents hereto approved and accepted
SECTION IV That by the acceptance and approval of the above competaive b~ds, the City
Councd hereby authonzes the expenditure of funds therefor tn the an~unt and m accordance wxth the
approved bids or pursuant to a written contract made pursuant thereto as anthonzed hereto
SECTION V That tlas ordinance shall become effective Lnmedmtely upon its passage and
approval
PASSED AND APPROVED tbas the day of .2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY~
2529 HOPE INC ORDINANCE
2000-2001
CDBG SERVICE
AGREEMENT BETWEEN THE CITY OF DENTON
AND HOPE, INC.
BID #2529
This Agreement Is made and entered into by and between the City of Denton, a Texas
mumelpal corporation, acting by and through its City Manager, pursuant to ordinance,
heremafier referred to as CITY, and HOPE, Ine 117 West Sycamore, Denton, TX 76201, a
Texas non-profit corporation, herelnat~er referred to as CONTRACTOR
WHEREAS, CITY has received certmn funds from the U S Department of Housing and
Urban Development under Title I of the Housing and Commumty Development Act of 1974, as
amended, and
WHEREAS, CITY has adopted a budget for such funds and included therein an
authorized budget for expenditure of funds for assistance to homeless and potentially homeless
famlhes, and
WHEREAS, CITY has designated the Community Development Office as the division
responsible for the admimstratlon of this Agreement and all matters pertaining thereto, and
WHEREAS, CITY wishes to engage CONTRACTOR to carry out such project,
NOW, THEREFORE, the parties hereto agree, and by the execution hereof are bound to
the mutual obhgatlons and to the performance and accomplishment of the conditions hereinal~er
described
1
TERM
This Agreement shall commence on or as of October 1, 2000, and shall terminate on
September 30, 2001, unless sooner terminated in accordance with Section 26 "Termination"
2
RESPONSIBILITIES
CONTRACTOR hereby accepts the responslbthty for the performance of all sc~'x ,~ c and
activities described in the Work Statement attached hereto as Exhibit A, in a satisfactory and
efficient manner as determined by CITY, in accordance with the terms hereto CITY will
consider CONTRACTOR'S executive officer to be CONTRACTOR's representative responsible
for the management of all contractual matters pertalmng hereto, unless written notification to the
contrary is received from CONTRACTOR, and approved by CITY
Page 1 of 22
The CITY's Commumty Development Admamstrator will be CITY's representative
responsable for the admamstraUon of thts Agreement
3.
CITY'S OBLIGATION
A Limit of Liabffity. CITY will reamburse CONTRACTOR for expenses aneurred
pursuant m accordance with the project budget included as a part of Exhlbat B
Notwathstandmg any other prowsmn of the Agreement, the total of all payments and
other obhgations made or recurred by CITY hereunder shall not exceed the sum of tlurty
thousand dollars ($30,000 00)
B Measure of Liability In consaderation of full and satisfactory servmes and actimt~es
hereunder by CONTRACTOR, CITY shall make payments to CONTRACTOR based on
the Budget attached hereto and incorporated hereto for all purposes as Exlubat B, subject
to the hmatations and provasmns set forth m tins Sectaon and Section 7 of thas Agreement
(I) The parttes expressly understand and agree that CITY's obhgations under thas
Section are contingent upon the actual receapt of adequate Communaty
Development Block Grant (CDBG) funds to meet CITY's habflaties under tlus
Agreement If adequate funds are not avtulable to make payments under thas
Agreement, CITY shall notify CONTRACTOR m writing wathan a reasonable
tame after such fact has been determined CITY may, at ars optaon, eather reduce
the amount of ars habthty, as speeffied m Subsectmn A of thas Section or
termmate the Agreement If CDBG funds ehgable for use for purposes of thas
Agreement are reduced, CITY shall not be hable for further payments due to
CONTRACTOR under tlus Agreement
(2) It is expressly understood that thas Agreement m no way obhgates the General
Fund or any other momes or credats of the Caty of Denton
(3) CITY shall not be hable for any cost or portion thereofwhach
(a) has been prod, reambursed or is subject to payment or reimbursement,
from any other source,
(b) was recurred prior to the beg~nmng date, or after the ending date specified
m Section 1,
(c) as not an strict accordance wath the terms of thas Agreement, ancludlng all
extublts attached hereto,
(d) has not been balled to CITY wathm 90 calendar days following bflhng to
CONTRACTOR, or tenmnataon of the Agreement, whachever date ~s
earlier, or
Page 2 of 22
(e) ~s not an allowable cost as defined by Section 11 of this Agreement or the
project budget
(4) CITY shall not be liable for any cost or portion thereof which as recurred wroth
respect to any activity of CONTRACTOR reqmnng prior written authonzatton
form CITY, or after CITY has requested that CONTRACTOR furnish data
concemmg such action prior to proceeding further, unless and until CITY advises
CONTRACTOR to proceed
(5) CITY shall not be obhgated or liable under tins Agreement to any party other than
CONTRACTOR for payment of any momes or pmv~slon of any goods or
services
4.
COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
A CONTRACTOR understands that funds provided to ~t pursuant to flus Agreement arc
funds, winch have been made available to CITY by thc Federal Government (U S
Department of Housmg and Urban Development) under the Housing and Community
Development Act of 1974, as amended, ~n accordance with an approved Grant
Apphcatmn and spccffic assurances Accordingly, CONTRACTOR assures and certifies
that it will comply w~th the requirements of the Housing and Communxty Development
Act of 1974 (P L 93-383) as amended and with regulations promulgated thereunder, and
codffied at 24 CFR $70 The foregoing is in no way meant to constitute a complete
compflatmn of all dutxes imposed upon CONTRACTOR by law or admunstratlve ruling,
or to narrow the standards, winch CONTRACTOR mast follow
CONTRACTOR further accrues and certifies that if the regulations and issuances
promulgated pursuant to the Act are amended or revised, It shall comply with them, or
notify CITY, as provided in Section 24 of tins Agreement
CONTRACTOR agrees to ab~de by the conditions of and comply with thc rcqmrements
of the Office of Management and Budget Circulars Nos A-110 and A-122
B CONTRACTOR shall comply with all apphcable federal laws, laws of the State of Texas
and ordinances of the C~ty of Denton
5.
REPRESENTATIONS
A CONTRACTOR assures and guarantees that ~t possesses the legal authority, pursuant to
any proper, eppropnate and official motion, resolution or action passed or taken, to enter
into tins Agreement
Page 3 of 22
B The person or persons slgmng and executang thas Agreement on behalf of
CONTRACTOR, do hereby warrant and guarantee that he, she, or they have been fully
authorized by CONTRACTOR to execute this Agreement on behalf of CONTRACTOR
and to vahdly and legally brad CONTRACTOR to all terms, performances and
provaslons herem set forth
C CITY shall have the right, at its option, to e~ther temporarily suspend or permanently
termanate this Agreement ~f there ~s a dmpute as to the legal authority of e~ther
CONTRACTOR or the person sagnmg the Agreement to enter into thru Agreement
CONTRACTOR as liable to CITY for any money at has received from CITY for
performance of the promslons of this Agreement af CITY has suspended or termmated
thas Agreement for the reasons enumerated m this Section
D CONTRACTOR agrees that the funds and resources provaded CONTRACTOR under the
terms of thas Agreement will an no way be substituted for funds and resources from other
sources, nor m any way serve to reduce the resources, servaeas, or other benefits wluch
would have been avmlable to, or prowded through, CONTRACTOR had this Agreement
not been executed
6
PERFORMANCE BY CONTRACTOR
CONTRACTOR wall promde, oversee, adm~mster, and carry out all of the actavltaes and
services set out ~n the WORK STATEMENT, attached hereto and ~ncorporated herein for all
purposes as Extubat A, ut~hzmg the funds described in Exhab~t B, attached hereto and
~ncorporated hereto for all purposes and deemed by both part,es to be necessary and sufficient
payment for full and satisfactory performance of the program, as determaned solely by CITY and
~n accordance with all other terms, prowslons and reqmrements of th~s Agreement
No modfficataons or alterations may be made ~n the Work Statement wathout the prior
written approval of the City's Communaty Development Adunmstrator
7
PAYMENTS TO CONTRACTOR
A. Payments to Contractor. The CITY shall pay to the CONTRACTOR a maximum
amount of money totalmg tlurty thousand dollars ($30,000 00) for services rendered
under th~s Agreement CITY wall pay these funds on a reimbursement basis to the
CONTRACTOR wlthan 20 days afier CITY has received supporting documentation
CONTRACTOR's fmlure to request reambursement on a tamely bas~s may leopardaze
present or future fimd~ng
Funds are to be used for the sole purpose of providing assastance to homeless and
potentially homeless famflaes
Page 4 of 22
B Excess Payment. CONTRACTOR shall refund to CITY within ten working days of
CITY's request, any sum of money which has been paid by CITY and which CITY at any
time thereafter determines
(1) has resulted in overpayment to CONTRACTOR, or
(2) has not been spent strictly in accordance with the terms of this Agreement, or
(3) is not supported by adequate documentation to fully justify the expenditure
C Disallowed Costs/Reversion of Assets Upon terminated of ttus Agreement, should any
expense or change for which payment has been made be subsequently disallowed or
disapproved as a result of any auditing or momtonng by CITY, the Department of
Housing and Urban Development, or any other Federal agency, CONTRACTOR will
refund such amount to CITY within ten working days of a written notice to
CONTRACTOR, wluch specifies the amount disallowed If CITY finds that
CONTRACTOR is unx~nlhng and/or unable to comply with any of the terms of this
Contract, CITY may require a refund of any and all money expended pursuant to this
Contract by CONTRACTOR, as well as any remmmng unexpended funds which shall be
refunded to CITY within ten worlang days of a written notice to CONTRACTOR to
revert these financial assets The reversion of these financial assets shall be in addition to
any other remedy available to CITY either at law or in equity for breach of this Contract
Refunds of chsallowed costs may not be made from these or any funds received from or
through CITY
D Deobligatlon of Funds. In the event that actual expenditure rates deviate from
CONTRACTOR's provision of a corresponding level of performance, as specified in
Exhibit A, CITY hereby reserves the right to reappropnate or recapture any such under
expended funds
E Contract Close Out CONTRACTOR shall submit the Agreement close out package to
CITY, together with a final expenditure report, for the time period covered by the last
invoice requesting reimbursement of funds under this Agreement, within 15 working
days following the close of the Agreement period CONTRACTOR shall utilize the form
agreed upon by CITY and CONTRACTOR
8
WARRANTIES
CONTRACTOR represents and warrants that
A All information, reports and data heretofore or hereafter requested by CITY and
furnished to CITY, are complete and accurate as of the date shown on the information,
Page 5 of 22
data, or report, and, sance that date, have not undergone any slgnaficant change wathout
written notate to CITY
B Any supporting financml statements heretofore requested by CITY and furnished to
CITY, are complete, accurate and fmrly reflect the financial condmon of
CONTRACTOR on the date shown on smd report, and the results of the operation for the
period covered by the report, and that since said date, there has been no material change,
adverse or otherwise, m the financial cond~tion of CONTRACTOR
C No htlgatton or legal proceedings are presently pending or threatened against
CONTRACTOR
D None of the provisions hereto contravene or are m conflict wath the authority under which
CONTRACTOR is doing business or with the prov~s~ons of any ex~stlng indenture or
agreement of CONTRACTOR
E CONTRACTOR has the power to enter into this Agreement and accept payments
hereunder, and has taken all necessary action to authorize such acceptance under the
terms and eondmons ofttus Agreement
F None of the assets of CONTRACTOR is subject to any lien or encumbrance of any
character, except for current taxes not dehnquent, except as shown in the financial
statements furmshed by CONTRACTOR to CITY
Each of these representations and warranties shall be eontmnumg and shall be deemed to have
been repeated by the submlssxon of each request for payment
9
COVENANTS
A During the period of tame that payment may be made hereunder and so long as any
payments remmn unhqmdated, CONTRACTOR shall not, w~thout the prior written
consent of the Community Development Adm~mstrator or her authorized representative
(1) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the
assets of CONTRACTOR now owned or hereafter acqmred by ~t, or permxt any
pre-cresting mortgages, liens, or other eno mbrances to remmn on, or attached to,
any assets of CONTRACTOR which ,~ allocated to the performance of th~s
Agreement and with respect to which CYfY has ownership hereunder
(2) Sell, assign, pledge, transfer or otherwise dxspose of accounts receivables, notes
or clmms for money due or to become due
(3) Sell, convey, or lease all or substantial part of ~ts assets
Page 6 of 22
(4) Make any advance or loan to, or incur any habdaty for any other firm, person,
entity or corporatton as guarantor, surety, or accommodataon endorser
(5) Sell, donate, loan or transfer any eqmpmant or item of personal property
purchased w~th funds pad to CONTRACTOR by CITY, unless CITY authorizes
such transfer
B Should CONTRACTOR use funds receaved under thas Agreement to acqmre or amprove
real property under CONTRACTOR's control, CONTRACTOR agrees and covenants
(1) That the property shall be used to meet one of the national obJeCtives stated an 24
CFR 570 untal August 31, 2006
(2) That should CONTRACTOR transfer or otherwise dispose of smd property on or
before August 31, 2006, CONTRACTOR shall reamburse CITY an the amount of
the fatr market value of tlus property less any portaon of the value attributable to
expendatures of non-CDBG funds for acqmslt~on of, or improvement to, the
property
C CONTRACTOR agrees, upon written request by CITY, to reqmre ats employees to attend
trmmng sessions sponsored by the Commumty Development Office
10.
ALLOWABLE COSTS
A Costs shall be consadered allowable only af ~ncurred d~rectly specffically in the
performance of and in comphance w~th th~s Agreement and an conformance wath the
standards and prov~saons of Exhibits A and B
B Approval of CONTRACTOR's budget, Exhlbat B, does not constitute prior written
approval, even though certmn ~tems may appear here~n CITY's prior written
anthonzat~on ~s reqmred in order for the following to be considered allowable costs
(1) Encumbrances or expendatures dunng any one month period whach exceeds one-
fifth (1/5) of the total budget as specffied m Exhabat B
(2) CITY shall not be obhgated to any thard partaes, ~ncludlng any subcontrac*m~ { ~
CONTRACTOR, and CITY funds shall not be used to pay for any cvs, ~
serrate extending beyond the exparatlon of th~s Agreement
(3) Out of town travel
(4) Any alterations or relocataon of the facflltaes on and an which the actlvmes
specffied in Exhibit A are conducted
Page 7 of 22
(5) Any alterations, deletions or additions to the Personnel Schedule incorporated in
Exhibit B
(6) Costs or fees for temporary employees or services
(7) Any fees or payments for consultant services
(8) Fees for attending out of town meetings, seminars or conferences
Written requests for prior approval are CONTRACTOR's responsabthty and shall be
made within sufficient time to permit a thorough review by CII'Y CONTRACTOR must
obtain written approval by CITY prior to the commencement of procedures to solicit or
purchase services, equipment, or real or personal property Any procurement or purchase,
which may be approved under the terms of this Agreement, must be conducted in its
entirety in accordance with the provisions of this Agreement
11.
PROGRAM INCOME
A For purposes of fins Agreement, program income means earnings of CONTRACTOR
realized from activities resulting from this Agreement or from CONTRACTOR's
management of funchng prowded or received hereunder Such earmngs include, but are
not hmlted to, xncome from interest, usage or rental or lease fees, income produced from
contract-supported services of mdxviduals or employees or from the use or sale of
eqmpment or facilities of CONTRACTOR provided as a result of this Agreement, and
payments from clients or third parties for services rendered by CONTRACTOR under
tins Agreement
B CONTRACTOR shall maintain records of the receipt and disposition of program income
in the same manner as reqmred for other contract funds, and reported to CITY an the
format prescribed by CITY CITY and CONTRACTOR agree, based upon advice
received from representatives of the U S Department of Housing and Urban
Development (HUD), that any fees collected for services performed by CONTRACTOR
shall be spent only for service prowslon These fees or other program income will be
deducted from the regular reimbursement request
C CONTRACTOR shall include this Section in its entirety in all of its sub-contracts which
involve other income-producing services or activities
D It is CONTRACTOR's responsibility to obtmn from CITY a prior determination as to
whether or not income arising directly or indirectly from this Agreement, or the
performance thereof, constitutes program income CONTRACTOR as responsible to
CITY for the repayment of any and all amounts determined by CITY to be program
income, unless otherwise approved in writing by CITY
Page 8 of 22
12
MAINTENANCE OF RECORDS
A CONTRACTOR agrees to mamtmn records that will provide accurate, current, separate,
and complete disclosure of the status of the funds received under this Agreement, in
compliance w~th the provisions of Exhibit B, attached hereto, and with any other
appheable Federal and State regulations estabhsinng standards for financial management
CONTRACTOR's record system shall contain sufficient documentation to provide in
detml full support and.lustlficatlon for each expenditure Nothing in tins Section shall be
construed to reheve CONTRACTOR of fiscal accountability and liability under any other
provision of ttus Agreement or any appheable law CONTRACTOR shall include the
sttbstance of this provision m all subcontracts
B CONTRACTOR agrees to retain all books, records, documents, reports, and written
accounting procedures pertmmng to the operation of programs and expenditures of funds
under tins Agreement for the period of time and under the conditions specified by CITY
C Notinng in the above subsections shall be construed to relieve CONTRACTOR of
responslblhty for retaining accurate and current records, which clearly reflect the level
and benefit of services, provided under this Agreement
D At any reasonable time and as often as CITY may deem necessary, the CONTRACTOR
shall make avaxlable to CITY, HUD, or any of their anthonzed representatives, all of its
records and shall permit CITY, HUD, or any of their authorized representatives to autht,
examine, make excerpts and copies of such records, and to conduct audits of all contracts,
mvolces, materials, payrolls, records of personnel, conditions or employment and all
other data requested by said representatives
13
REPORTS AND INFORMATION
At such times and in such form as CITY may require, CONTRACTOR shall furnish such
statements, records, data and reformation as CITY may request and deem pertinent to matters
covered by this Agreement
CONTRACTOR shall submit quarterly beneficiary and financial reports to CITY no less
than once each three months The beneficiary report shall detail client information, including
race, income, female head of household and other statistics reqmred by CITY The financial
report shall include information and data relative to all programmatic and financial reporting as
of the begmmng date specified in Section 1 of this Agreement
Unless the CITY has granted a written exemption, CONTRACTOR shall submit an audit
conducted by independent examiners with ten days after receipt of such
Page 9 of 22
14.
MONITORING AND EVALUATION
A CITY shall perform on-site momtonng of CONTRACTOR's performances under this
Agreement
B CONTRACTOR agrees that CITY may carry out momtonng and evaluation actlvit~es to
ensure adherence by CONTRACTOR to the Work Statement, and Program Goals and
ObJectives, which are attached hereto as Exhibit A, as well as other provisions of this
Agreement
C CONTRACTOR agrees to cooperate fully with CITY in the development,
implementation and mmntenance of record-keepmg systems and to provide data
determmed by CITY to be necessary for CITY to effectively fulfill its momtonng and
evaluation responslbdit~es
D CONTRACTOR agrees to cooperate in such a way so as not to obstruct or delay CITY in
such momtonng and to desxgnate one of its staff to coordinate the momtonng process as
requested by CITY staff
E After each official momtonng wslt, CITY shall provide CONTRACTOR with a written
report ofmomtonng findings
F CONTRACTOR shall submit copies of any fiscal, management, or audit reports by any
of CONTRACTOR's funding or regulatory bodies to CITY within five (5) working days
of receipt by CONTRACTOR
15.
DIRECTORS' MEETINGS
Dunng the terms of this Agreement, CONTRACTOR shall cause to be delivered to CITY
cop~es of all notices of meetings of xts Board of D~rectors, setting forth the time and place
thereof Such notme shall be delivered to CITY m a timely manner to g~ve adequate not, ce, and
shall include an agenda and a brief description of the matters to be discussed CONTRACTOR
understands and agrees that CITY representatives shall be afforded access to all of the Board of
Directors' meetings
Minutes of all meetings of CONTRACTOR's governing body shall be available to CITY
within ten working days of approval
Page 10 of 22
16.
INSURANCE
A CONTRACTOR shall observe sound busmess practices wtth respect to prowdmg such
bonding and msurance as would provide adequate coverage for services offered under
th~s Agreement
B The premises on and m which the act~vlties described ~n Exhibit A are conducted, and the
employees conducting these acUwt~es, shall be covered by premise habfl~ty insurance,
commonly referred to as "Owner/Tenant" coverage with CITY named as an additional
insured Upon request of CONTRACTOR, CITY may, at ~ts sole d~scretxon, approve
alternate insurance coverage arrangements
C CONTRACTOR will comply with apphcable workers' compensation statues and will
obtain employers' habflaty coverage where available and other appropriate hab~hty
coverage for program participants, af apphcable
D CONTRACTOR will maintain adequate and continuous hablhty ~nsurance on all vehicles
owned, leased or operated by CONTRACTOR All employees of CONTRACTOR who
are requnred to drive a velucle m the normal scope and course of their employment must
possess a vahd Texas dnver's hcense and automobile habfl~ty ~nsurance Evidence of the
employee's current possession of a vahd hcense and insurance must be mmntmned on a
current basis m CONTRACTOR's files
E Actual losses not covered by msurance as reqmred by tins Section are not allowable costs
under th~s Agreement, and remmn the sole responsibility of CONTRACTOR
F The pohcy or pohc~es of insurance shall contain a clause whmh reqmres that City and
Contractor be notlfiad ~n writing of any cancellation of change in the pohcy at least 30
days prior to such change or cancellation
17
EQUAL OPPORTUNITY
A CONTRACTOR shall submit for CITY's approval, a written plan for compliance w~th
the Equal 1D¥~ oyment and Affirmative Action Federal prows~ons, w~thm 30 days of the
effective da~c~ this Agreement
B CONTRACTOR shall comply w~th all apphcable equal employment opportumty and
affirmative action laws or regulat~uns
C CONTRACTOR will famish all mformat~on and reports requested by the CITY, and will
permit access to ~ts books, records, and accounts for purposes of mvest~gatton to ascertmn
comphance with local, state and Federal roles and regulations
Page 11 of 22
D In the event of CONTRACTOR's non-compliance with the non-discrimination
requirements, CITY may cancel or terminate the Agreement in whole or in part, and
CONTRACTOR may be barred from further contracts with CITY
18.
PERSONNEL POLICIES
Personnel pohcxes shall be established by CONTRACTOR and shall be available for
examination Such personnel policies shall
A Be no more hberal than CITY's personnel policies, procedures, and practices, including
pohc~es with respect to employment, salary and wage rates, working hours and holidays,
flange benefits, vacation and sick leave privileges, and travel, and
B Be in writing and shall be approved by the governing body of CONTRACTOR and by
CITY
19.
CONFLICT OF INTEREST
A CONTRACTOR covenants that neither it nor any member of its governing body
presently has any interest, drrect or indirect, which would conflict m any manner or
degree with the performance of services required to be performed under flus Agreement
CONTRACTOR further covenants that in the performance of this Agreement, no person
havmg such interest shall be employed or appointed as a member of its governing body
B CONTRACTOR further covenants that no member of its goveming body or its staff,
subcontractors or employees shall possess any interest in or use his position for a purpose
that is or gives the appearance of being motivated by desire for private gain for lumself,
or others, particularly those with which he has family, business, or other ties
C No officer, member, or employee of CITY and no member of its governing body who
exercises any function or responslbahtles m the review or approval of the undertaking or
carrying out of this Agreement shall participate In any decision relating to the Agreement
wbaeh affects his or her personal interest or the interest in any corporation, partnership, or
association m which he or she has a direct or md~rcct aterest
20
NEPOTISM
CONTRACTOR shall not employ in any paid capacity any person who is a member of
the immediate family of any person who is currently employed by CONTRACTOR, or as a
member of CONTRACTOR's governing board The term "member of immediate family"
Page 12 of 22
~ncludes wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle,
nephew, mece, stepparent, stepchild, half-brother and half-sister
21.
POLITICAL OR SECTARIAN ACTIVITY
A None of the performance rendered hereunder shall involve, and no port~on of the funds
received by CONTRACTOR hereunder shall be used, e~ther d~rectly or indirectly, for any
pohtmal activity 0ncludmg, but not hmlted to, an activity to further the elect~on or defeat
of any eandxdate for pubhc office) or any activity undertaken to influence the passage,
defeat or final content of legislation
B None of the performance rendered hereunder shall involve, and no portion of the funds
received by CONTRACTOR hereunder shall be used for or apphed d~rectly or indirectly
to the construction, operation, maintenance or admlmstratlon, or be utilized so as to
benefit m any manner any sectarian or rehg~ous famhty or activity
22
PUBLICITY
A Where such action ~s appropriate, CONTRACTOR shall pubhc~ze the act~wt~es
conducted by CONTRACTOR under this Agreement In any news release, s~gn,
brochure, or other advertising medium, d~ssem~natlng information prepared or distributed
by or for CONTRACTOR, mention shall be made of the U S Department of Housing
and Urban Development's Community Development Block Grant Program funding
through the C~ty of Denton having made the project possible
B All pubhshed material and written reports submitted under th~s project must be originally
developed material unless otherwise specifically prowded ~n this Agreement When
material not originally developed is included ~n a report, the report shall identify the
source in the body of the report or by footnote This prows~on ~s applicable when the
material ~s m a verbatim or extensive paraphrase format
All pubhshed material submitted under ttus project shall include the following reference
on the front cover or title page
Th~s document ~s prepared m accordance w~th the C~ty of Denton's Community
Development Block Grant Program, w~th funding received from the Umted States
Department of Housmg and Urban Development
C All reports, documents, studies, charts, schedules, or other appended documentation to
any proposal, content of basic proposal, or contracts and any responses, ~nqumes,
correspondence and related material submitted by CONTRACTOR shall become the
property of CITY upon receipt
Page 13 of 22
23
FUNDING APPLICATIONS
CONTRACTOR agrees to notify CITY each time CONTRACTOR is prepanng or
submitting any appheation for funding in accordance with the following procedures
A When the appheatlon is m the planning stages, CONTRACTOR shall submit to CITY a
description of the funds being applied for, and the proposed use of funds
B Upon award of or notice of award, whichever is sooner, CONTRACTOR shall notify
CITY of such award and the effect, if any, of such funding on the funds and program(s)
contracted hereunder Such notice shall be submitted to CITY, in writing, within ten
working days of receipt of the notice of award or funding award by CONTRACTOR,
together w~th cop~es of the budget, program description, and Agreement
C CONTRACTOR shall not use funds provided hereunder, whether directly or ~ndlrectly,
as a contribution, or to prepare apphcat]ons to obtain any federal or private funds under
any federal or private program w~thout the prior written consent of CITY
24
CHANGES AND AMENDMENTS
A Any alterations, addltmns, or deletions to thc terms of this Agreement shall be by written
amendment executed by both parties, except when the terms of this Agreement expressly
provide that another method shall be used
B CONTRACTOR may not make transfers between or among approved hne items within
budget categories set forth in Exhibit B without prior written approval of CITY
CONTRACTOR shall request, in writing, the budget revision in a form prescribed by
CITY, and such request for revision shall not increase the total monetary obligation of
CITY under flus Agreement In addition, budget revisions cannot significantly change the
nature, intent, or scope of the program funded under this Agreement
C CONTRACTOR will submit revised budget and program reformation, whenever the
level of funding for CONTRACTOR or the program(s) described herein ~s altered
according to the total levels contained an any portion of Exhibit B
D It IS understood and agreed by the parties hereto that changes in the State, Federal or local
laws or regulations pursuant hereto may occur dunng the term of this Agreement Any
such modffications are to be automatmally incorporated into this Agreement without
written amendment hereto, and shall become a part of the Agreement on the effective
date specffied by the law or regulation
E CITY may, from time to time dtmng the term of the Agreement, request changes in
Exhibit A, which may include an increase or decreased in the amount of
Page 14 of 22
CONTRACTOR's compensation Such changes shall be ~ncorporated m a written
amendment hereto, as provided in Subsection A of thru Section
F Any alterations, deletion, or additions to the Contract Budget Detail incorporated ~n
Extublt B shall reqmre the prior written approval of CITY
G CONTRACTOR agrees to notify CITY of any proposed change m physmal location for
work p~rformed under this Agreement at least 30 calendar days ~n advance of the change
H CONTRACTOR shall notify CITY of any changes in personnel or governing board
compos~taon
I It ~s expressly understood that neither the performance of Exhibit A for any program
contracted hereunder nor the transfer of funds between or among smd programs will be
permitted
25
SUSPENSION OF FUNDING
Upon determmatmn by CITY of CONTRACTOR's fmlure to t~mely and properly
perform each of the requirements, time conditions and duties prowded hereto, CITY, without
hm~tmg any rights ~t may otherwise have, may, at ~ts dmeret~on, and upon ten working days
written notice to CONTRACTOR, w~thhold further payments to CONTRACTOR Such notme
may be g~ven by marl to the Executive Officer and the Board of D~reetors of CONTRACTOR
The notme shall set forth the default of fmlure alleged, and the action reqmred for cure
The period of such suspensmn shall be of such duration as ~s appropriate to accomphsh
correct~ve aetmn, but m no event shall ~t exceed 30 calendar days At the end of the suspension
period, ff CITY determines the default of deficiency has been satisfied, CONTRACTOR may be
restored to full comphance status and prod all ehg~ble funds w~thheld or ~mponnded dunng the
suspension penod If however, CITY determines that CONTRACTOR has not come ~nto
compliance, the prows~ons of Section 26 may be effectuated
26.
TERMINATION
A CITY may terunnate thts Agreement w~th cause for any of the following reasons
(1) CONTRACTOR's fmlure to attain comphance dunng any prescribed period of
suspension as provided m Section 25
(2) CONTRACTOR's wolat~on of covenants, agreements or guarantees of th~s
Agreement
Page 15 of 22
(3) Termmataon or reducUon of funding by the United States Department of Housing
and Urban Development
(4) Finding by CITY that CONTRACTOR
(a) is in such unsatisfactory financial condition as to endanger performance
under th~s Agreement,
(b) has allocated inventory to this Agreement substantially exceeding
reasonable reqmrements,
(c) is delinquent m payment of taxes, or of costs of performance of th~s
Agreement m the ordinary course of business
(5) Appointment of a trustee, receiver or hqmdator for all or substantial part of
CONTRACTOR's property, or restitution of bankruptcy, reorgamzatmn,
rearrangement of or hqmdatlon proceedings by or agtunst CONTRACTOR
(6) CONTRACTOR's inability to conform to changes reqmred by Federal, State and
local laws or regulaUons as prowded m Section 4, and Sectmn 24(D), of th~s
Agreement
(7) The commission of an act of bankruptcy
(8) CONTRACTOR's vlolatmn of any law or regulatmn to which CONTRACTOR ~s
bound or shall be bound under the terms of the Agreement
CITY shall promptly notify CONTRACTOR m writing of the dec,stun to terminate and
the effective date of termination Simultaneous notice o£ pending termination maybe
made to other funding source specffied an Exhibit B
B CITY may terminate this Agreement for convemence at any t~me If CITY terminates this
Agreement for convemence, CONTRACTOR will be prod an amount not to exceed the
tdtal of accrued expemhtures as of the effective date of termination In no event wall this
compensation exceed an amount which bears the same ratio to the total compensation as
the services actually performed bears to the total services of CONTRACTOR covered by
the Agreement, less payments previously made
C CONTRACTOR may terminate this Agreement ~n whole or tn part by written notme to
CITY, if a termination of outside funding occurs upon whmh CONTRACTOR depends
for performance hereunder CONTRACTOR may opt, within the hm~tatlons of this
Agreement, to seek an alternative funding source, with the approval of CITY, provided
the termination by the outside funding source was not occasioned by a breach of contract
as defined herein or as defined an a contract between CONTRACTOR and the funding
source an question
Page 16 of 22
CONTRACTOR may terminate this Agreement upon the dissolution of
CONTRACTOR's organization not occasioned by a breach of this Agreement
D Upon receipt of notice to terminate, CONTRACTOR shall cancel, withdraw or otherwise
terminate any outstanding orders or subcontracts, which relate to the performance of this
Agreement CITY shall not be liable to CONTRACTOR or CONTRACTOR's creditors
for any expenses, encumbrances or obhgat~ons whatsoever Incurred after the termination
date
E Notwithstanding any exercise by CITY of 1ts right of suspension or termmation,
CONTRACTOR shall not be relieved of liability to CITY for damages susttuned by
CITY by virtue of any breach of the Agreement by CONTRACTOR, and CITY may
withhold any reimbursement to CONTRACTOR until such time as the exact amount of
damages due to CITY f~om CONTRACTOR is agreed upon or otherwise determined
27.
NOTIFICATION OF ACTION BROUGHT
In the event that any claim, demand, stat or other action is made or brought by any
person(s), firm corporation or other entity against CONTRACTOR, CONTRACTOR shall give
written notice thereof to CITY w~thln two working days after being notified of such claim,
demand, suit or other action Such not, ce shall state the date and hour of notification of any such
claim, demand, suit or other action, the names and addresses of the person(s), firm, corporation
or other entity making such clmm, or that instituted or threatened to institute any type of action
or proceethng, the basis of such clmm, action or proceeding, and the name of any person(s)
against whom such clatm is being made or threatened Such written notice shall be delivered
either personally or by mtul
28.
INDEMNIFICATION
A It Is expressly understood and agreed by both parties hereto that CITY is
contracting with CONTRACTOR as an independent contractor and that as such,
CONTRACTOR shall save and hold CITY, its officers, agents and employees
harmless from all hability of any nature or kind, including costs and expenses for,
or on aeeoun~ ~ any claims, audit exceptions, demands, suits or damages of any
character ~vhat~ ever resulting in whole or la part from the performance or
omission of any employee, agent or representative of CONTRACTOR.
B CONTRACTOR agrees to provide the defense for, and to indemnify and hold
harmless CITY its agents, employees, or contractors from any and all claims, suits,
causes of action, demands, damages, losses, attorney fees, expenses, and Ilablhty
arising out of the use of these contracted funds and program admlmstratlon and
Page 17 of 22
~mplementatlon except to the extent caused by the willful act or omission of CITY,
its agents, employees, or contractors.
29.
MISCELLANEOUS
A CONTRACTOR shall not transfer, pledge or otherwise assign flus Agreement or any
interest therein, or any clmm arising thereunder, to any party or parties, bank, trust
company or other financial restitution without the prior written approval of CITY
B If any provision of flus Agreement is held to be invalid, illegal, or unenforceable, the
remmmng prows~ons shall remain in full force and effect and continue to conform to the
original intent of both parties hereto
C In no event shall any payment to CONTRACTOR hereunder, or any other act or failure
of CITY to insist m any one or more instances upon the terms and conditions of this
Agreement constitute or be construed in any way to be a waiver by CITY of any breach
of covenant or default winch may then or subsequently be committed by
CONTRACTOR Neither shall such payment, act, or omission in any manner impair or
prejudice any right, power, privilege, or remedy available to CITY to enforce its rights
hereunder, wbaeh rights, powers, pnvaleges, or remedies are always specifically
preserved No representative or agent of CITY may waive the effect of this prows~on
D This Agreement, together with referenced exhibits and attachments, constitutes the entire
agreement between the pames hereto, and any pnor agreement, assertion, statement,
understandmg or other commitment antecedent to this Agreement, whether written or
oral, shall have no force or effect whatsoever, nor shall an agreement, assertion,
statement, understanding, or other commitment oceumng dunng the term of this
Agreement, or subsequent thereto, have any legal force or effect whatsoever, unless
properly executed in writing, and if appropriate, recorded as an amendment of this
Agreement
E In, the event any disagreement or dispute should arise between the parties hereto
pertmmng to the interpretation or meaning of any part of this Agreement or its governing
rules, codes, laws, ordinances or regnlat~ons, CITY as the party ultimately responsible to
HUD for matters of compliance, will have the final anthonty to render or to secure an
lnterpretatmn
F For purposes of this Agreement, all official communications and notices among the
part,es shall be deemed made ~f sent postage paid to the part,es and address set forth
below
Page 18 of 22
CITY CONTRACTOR
City Manager HOPE, Inc
City of Denton ATTN Barbara Atklns, Director
215 E MeKmney St 117 West Sycamore
Denton, Texas 76201 Denton, TX 76201
G Th~s Agreement shall be interpreted m accordance w~th the laws of the State of Texas and
venue of any htlgat~on concerning this Agreement shall be m a court competent
junsdmtlon sitting ~n Denton County, Texas
IN WITNESS OF WHICH th~s Agreement has been executed on this the day of
,2000
CITY OF DENTON
BY
MICHAEL W JEZ, CITY MANAGER
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
HOPE, INC
EXECUTIVE DIRECTOR
ATTEST
BOARD SECRETARY
Page 19 of 22
EXHIBIT "A"
WORK STATEMENT
30-90 Day Program
The program will provide assistance to families who are homeless or potentially homeless, and
who have the desire and ability to establish self-rehance
The funding requested will provide rent, utility, and food to client famlhes for 30 - 90 days
The case manager wall meet with the ehent families on a weekly basis to assist wlth defining
goals, budget skills, assessment of job sk~lls and educational needs, and community referral
Organization will momtor expense, receipts, income, and attempts to move toward stated goals
Client families will have the ability, after program assistance, to maintain permanent housing
Transitional Housing Program
The purpose of the project is to assist families who are documented under HUD guidelines as
homeless, toward estabhslung and mmntmnlng self-sufficiency
The funchng will provide rent and utahty assistance, and limited other financial aid, as
determined by the needs of the transitional housing families The transitional housing program
will maintain up to five families at a time, and rent and utility assistance for 12 to 24 months
Orgamzatlon wall assist the transitional housing families with assessment of educational or
vocational skills and trmmng, with budget skills, with job search skills, and with counseling or
other social services OrgamzatIon will also monitor records of expenses incurred, receipts, and
proof of family income
Client families who are an the trenSltlonal housing program will be able, after the one or two year
assistance period, to Improve their situation enough to be able to afford decent, safe, and sanitary
housing with minimal need for rental assistance and continuing emergency a~de from agencies
Organization wall utlhze the assistance of the local non-profit service coordination agency to
maintain client information in a centralized computer database
Organization will actively participate on the Denton Continuum of Care Planning Committee and
work with local providers to move famlhes through the Continuum of Care
75% of chents served will come from special needs populations as defined by the 2000-2005
Continuum of Care Plan Organization wall assist 3 more families than were assisted In the
1999-2000 contract year
Page 21 of 22
EXHIBIT "B"
PROJECT BUDGET
30-90 Day Client Assistance Program
Program Budget $5,000 00
Funds may be used for rent, utfl~tles, food and salary of the case manager
Transitional Housing Program
Personnel Costs, Client Services for 12 - 24 months $25,000 00
Funds may be used for case management for up to 20 hours per week, rent, utilities, and other
needed financial md
Page 22 of 22
AGENDA INFORMATION SHEET Agenda Item f/~Z, ....
Que~o~ ~g~
AGENDA DATE: Septem~ 26, 2000
~q~on ~y
DEPARTMENT: Mat~ ~e~nt to B~ ~ss 349-7235
ACM: ~y D~o~, F~fl ~ M~mpfl S~ees~
SUB.CT:
~ Ord~ee ~t~ eo~txt~e b~ ~ awm~g a ~n~ for Co~egate & Home
Dehver~ Mefl ~ for S~or C~t~. ~g for ~ e~ of ~ ~erefore,
~ p~ ~r ~ e~e ~e ~fl 2530A - Con.gate ~d Ho~ De~ed Mefl
Pro~ for Semor C~m, a~d~ to SP~ ~C, m ~ ~ of S29,000)
BI~ ~FO~ATION~
~ btd m ~r pro~ ~g~e ~ ho~ dehve~ of ~ for ~mor
p~ pro~es a hot noon ~fl at &e ~K ~c~at~n Center ~ ~e Demon Semor Center
~d home dehv~ m~ for ~s~s at Here O~ ~e p~ ~gets m ~ low
~ome, ~ ~ ~onF el~rly
~COMMENDATION:
We reeo~ this ~ a~ded to ~e sole b~dd~, SP~ ~C, m ~e ~o~t of $29,000
PLACE OF BUSINESS:
SP~, ~C
D~o~ ~
ESTIMAteD SC~B~L~ OF PRO~CTi
~ ~ ~ co~ upon ap~o~ ~ te~te on Sep~em~ 30, 2001, ~ess the
~n~t m ~on~ t~ted ~ Se~n ~ '~pe~on or T~Uon' ~er ~ con~aet
~m~t
FISCAL ~FO~ATION:
CDBG ~ ~ve ~n appro~t~ for ~ pm~ ~co~t (100-051-015M-8932)
t~y
Tom S~w, C P M, 349-7100
P~e~mg Ag~t
A~ae~nt 1. Tab, ton
14~9 AO~DA
ATTACHMENT 1
TABULATION SHEET
B~d # 2530A Date §/1/00
Congregate and Home Dehvered Meal Program
DESCRIPTION VENDOR
~ SPAN Inc
Principle Place of Business Denton, TX
TOTAL BASE BID $29,000 00
ORDINANCE NO
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
CONGREGATE & HOME DELIVERED MEAL PROGRAM FOR SENIOR CITIZENS,
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN
EFFECTIVE DATE (BID 2530A - CONGREOATE AND HOME DELIVERED MEAL
PROGRAM FOR SENIOR CITIZENS, AWARDED TO SPAN INC, IN THE AMOUNT OF
$29,000)
WHEREAS, the C~ty has sohctted, recexved and tabulated competitive Nds for the purchase
of necessary materials, eqmpment, supplies or services ~n accordance with the procedures of STATE
law and C~ty ordinances, and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described Nds are the lowest responsible bids for the materials, equipment, supphes
or serwces as shown in the "Bid Proposals" submitted therefore, and
WHEREAS, the City Councd has prowded in the City Budget for the appropriation of funds
to be used for the purchase of the materials, eqmpment, supphes or services approved and accepted
here~n, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the following competitive bxds for materials, equipment, supplies, or
services, descrthed in the "Bid Proposals" on file m the office of City's Purchasing Agent filed
according to the Nd number assigned hereto, are hereby accepted and approved as being the lowest
responsible Nds for such items
BID ITEM
NUMBER NO CONTRACTOR AMOUNT
2530A ALL SPAN, INC $29,000
SECTION II That the acceptance and approval of the above competitive bids, the City
accepts the offer of the persons submitting the bids for such items and agrees to purchase the
materials, eqmpment, supplies or services in accordance with the terms, specfficat~ons, standards,
quantmes and for the specffied sums eontmned m the Bid Invitations, Bid Proposals, and related
documents
SECTION III That the C :y and persons submitting approved and accepted items and of the
submitted Nds wish to entre tl~: 3 formal written agreement as a result of the acceptance, approval,
and awarding of the bids, the C~ty Manager or his designated representative is hereby authorized to
execute the written contracts which shall be attached hereto, prowded that the written contract is in
accordance with the terms, conditions, specfficat~ons, standards, quantities and specified sums
contmned in the Bid Proposal and related documents herein approved and accepted
SECTION IV That by the acceptance and approval of the above competttive bids, the City
Cotmcll hereby authorizes the expenditure of funds therefor in the amount and in accordance w~th
the approved bids or pursuant to a written contract made pursuant thereto as authorized herein
SECTION V That this ordinance shall become effective immediately upon ~ts passage and
approval
PASSED AND APPROVED th~s the day of ,2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
2530A CONGREGATE AND HOME DELIVERED MEAL PROGRAM FOR SENIOR CITIZENS CONTRACT ORDINANCE
2000-2001 SERVICE AGREEMENT BETWEEN THE
CITY OF DENTON, TEXAS AND
SPAN, INC
BID #2530
Tins Agreement is hereby entered into by and between the C~ty of Denton, Texas, a Home
Rule Munlclpal Corporatmn, heremai~er referred to as "C~ty", and SPAN, INC 1800 Malone,
Denton, TX 76201, a non-profit corporatmn, heremafter referred to as "Orgamzatmn",
WHEREAS, City's Human Services Committee ("HSC") has rewewed the proposal for
services and has determined that Orgamzatlon performs an ~mportant service for the residents of
Denton w~thout regard to race, rehgmn, color, age or natmnal origin, and HSC recommends the
purchase of services, and
WHEREAS, C~ty has detexrmned that the proposal for serwces merits assistance and can
prowde needed services to citizens of C~ty and has prowded funds ~n its budget for the purpose
of paying for contractual serwces,
NOW, THEREFORE, the part,es hereto mutually agree as follows
1
SCOPE OF SERVICES
Orgamzat~on shall m a satisfactory and proper manner perform the following tasks, for
which the momes provided by C~ty may be used
A To provide congregate meals to elderly e~t~zens at the Denton Semor Center and the
Eldercenter at the American Legion Hall
B To prowde home dehvered meal to semors hwng m the C~ty of Denton
C Target persons who are 60 years of age and older, persons at-risk, low mcome, frail and
minority elderly for home delivered meal asmstance
Orgamzatmn shall perform those services described in the Work Statement herein attached
as Exinb~t A
2.
OBLIGATIONS OF ORGANIZATION
In consideration of the receipt of funds from C~ty, Orgamzat~on agrees to the following
terms and concht~ons
A Twenty mne thousand dollars ($29,000 00) may be prod to Orgamzatlon by C~ty, and the
only expenditures reimbursed from these funds, shall be those ~n accordance w~th the
Page 1 of 18
project budget, attached hereto as Exhibit B and incorporated herein by reference, for those
expenses listed in the scope of services as provided herein Organization shall not utilize
these funds for any other purpose
B It will establish, operate, and maintain an account system for flus program that will allow
for a tracmg of funds and a review of the financial status of the program
C It will permit anthonzed officials of C~ty to review its books at any time
D It will reduce to writing all of its rules, regulations, and policies and file a copy with City's
Commumty Development Office along with any amendments, additions, or revisions
whenever adopted
E It will not enter into any contracts that would encumber City funds for a period that would
extend beyond the term of ttus Agreement
F It will promptly pay all bills whcua submitted unless there is a discrepancy m a bill, any
errors or discrepancies m bills shall be promptly reported to City's Assistant City Manager
for F~acal & Mumcrpal Services, or her authorized representative, for further rhrection
G It will appomt a representative who wull be avmlable to meet with City's Assistant City
Manager for Fiscal & Mumclpal Services and other C~ty officials when requested
H It will mdemmfy and hold harmless City from any and all clmms and stats anmng out of
the act~vlties of Orgamzation, 1ts employees, and/or contractors
I It will submit to City copies of year-end andated financial statements
TIME OF PERFORMANCE
The services funded by City shall be undertaken and completed by Organization within the
following time frame
October 1, 2000 through Septcunber 30, 2001, unless the contract is sooner terminated
under Section 7 "Suspension or Ternunation"
4.
COMPLIANCE WITH FEDERAL, STATE and LOCAL LAWS
A Orgamzat~on shall comply with all applicable federal laws, laws of the State of Texas and
ordinances of the Clty of Denton
Page 2 of 18
$
REPRESENTATIONS
A Organization assures and guarantees that it possesses the legal authority, pursuant to any
proper, appropriate and official motion, resolution or action passed or taken, to enter into
this Agreement
B The person or persons signing and executing this Agreement on behalf of Orgamzataon,
do hereby warrant and guarantee that he, she, or they have been tully authorized by
Organization to execute tbas Agreement on behalf of Organization and to validly and
legally bind Orgamzataon to all terms, performances and provisions herein set forth
C City shall have the right, at its option, to either temporarily suspend or permanently
tenmnate thru Agreement if there is a dispute as to the legal authority of either
Orgamzataon or the person signing the Agreement to enter into this Agreement
Organization ~s liable to City for any money it has received from City for performance of
the provisions of this Agreement af City has suspended or terminated this Agreement for
the reasons emunerated in flus Section
D Orgamzataon agrees that the funds and resources provided Organizataon under the terms
of this Agreement will in no way be substituted for funds and resources from other
sources, nor in any way serve to reduce the resources, services, or other benefits which
would have been available to, or provided through, Organization had this Agreement not
been executed
6
COVENANTS
A Dunng the period of tame that payment may be made hereunder and so long as any
payments remain unhqmdated, Orgamzataon shall not, without the prior written consent
of the Community Development Admlmstrator or her authorized representative
(1) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the
assets of Organlzataon now owned or hereafter acquired by it, or permit any pre-
existing mortgages, liens, or other encumbrances to remain on, or attached to, any
assets of Orgamzatlon wluch are allocated to the performance of this Agreement
and w~th respect to whtch City has ownership hereunder
(2) Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes
or claims for money due or to become due
(3) Sell, convey, or lease all or substantial part of its assets
(4) Make any advance or loan to, or incur any hablhty for any other firm, person,
entity or corporation as guarantor, surety, or accommodation endorser
Page 3 of 18
(5) Sell, donate, loan or transfer any equipment or item of personal property
purchased with funds paid to orgamzatlon by City, unless City authorizes such
transfer
B Orgamzatlon cannot use funds received under this Agreement to acquire or improve real
property
C Organization agrees, upon written request by City, to require its employees to attend
trmnmg sessions sponsored by the Community Development Office
7
PAYMENTS
A PAYMENTS TO ORGANIZATION City shall pay to Orgamzahon a maximum amount of
money not to exceed Twenty nme thousand dollars ($29,000 00) for servmcs rendered
under this Agreement City will pay these funds on a reimbursement basis to Orgamzatlon
within twenty days after City has received supporting documentation Organization's
fmlure to request reimbursement on a timely basis, may jeopardize present or future
funding
B EXCESS PAYMENT Orgamzatlon shall refund to City within ten working days of City's
request, any sum of money wbaeh has been paid by City and which City at any time
thereafter determines
(1) has resulted in overpayment to Organization, or
(2) has not been spent strictly in accordance with the terms of this Agreement, or
(3) is not supported by adequate documentation to fully justify the expenditure
C Organization's reimbursement request for any one month period will not exceed one-fifth
(I/5) of any budgeted line items for costs as specified in Exhibit B
D DEOBLIGATION OF FUNDS/REVERSION OF ASSETS In the event that actual expenditures
deviate from Organization's provision of a corresponding level of performance, as
specified in Exhibit A, City hereby reserves the right to reappropnate or recapture any such
under expended funds If City finds that Organization is unwilling and/or unable to
comply with any of the terms of this Contract, City may require a refund of any and all
money expended pursuant to this Contract by Organization, as well as any remmmng
unexpended funds which shall be refunded to City within ten working days of a written
notice to Organization to revert these financial assets The reversion of these financial
assets shall be in adchtlon to any other remedy avmlable to City either at law or in eqmty
for breach of tfus Contract
Page4ofl8
E CONTRACT CLOSE OUT Orgamzatlon shall submit the contract close out package to City,
together with a final expenditure report, for the time period covered by the last invoice
requesting reimbursement of funds under this Agreement, within 15 working days
following the close of the contract period Organization shall utilize the form agreed upon
by City and Organization
8
MAINTENANCE OF RECORDS
A Organization agrees to mmntmn records that will provide accurate, current, separate, and
complete disclosure of the status of the funds received under this Agreement, in
eomphanee with the provisions of Exhibit B, attached hereto, and with any other
appheable Federal and State regulataons establishing standards for financial management
Orgamzat~on's record system shall cuntam sufficient documentation to prowde in detml
full support and jusUfieauon for each expenditure Nothing in this Section shall be
construed to relieve Orgamzatlon of fiscal accountability and liability under any other
provision of tlus Agreement or any applicable law Organization shall include the
substance of tbas provision in all subcontracts
B Orgamzatlon agrees to retmn all books, records, documents, repons, and wntten
accounting procedures pertalmng to the operation of programs and expenditures of funds
under this Agreement for five years and under the conditions specified by City
C Nothing m the above subsections shall be construed to relieve Organization of
responsibility for retaxmng accurate and current records that clearly reflect the level and
benefit of services provided under this Agreement
D At any reasonable time and as often as City may deem necessary, the Organization shall
make available to City, HUD, or any of their authorized representatives, all of its records
and shall permit City, HUD, or any of their authorized representatives to audit, examine,
make excerpts and copies of such records, and to conduct audits of all contracts, invoices,
materials, payrolls, records of personnel, conditions or employment and all other data
requested by said representatives
9
REPORTS AND INFORMATION
At such times and an such form ~,~ City may require, Orgamzatlon shall furnish such
statements, records, data and information as City may request and deem pertinent to matters
covered by this Agreement
Organization shall submit quarterly beneficiary and financial reports to City no less than
once each three months The beneficiary report shall detail client information, including race,
income, female head of household and other statistics required by City The financial report shall
Page 5 of 18
~nclude reformation and data relative to all programmatic and financial reporting as of the
beglnmng date specified in Section 1 o£thls Agreement
Unless the City has granted a wrxtten exemption, Organization shall submit an audtt
conducted hy independent examiners with ten days after receipt of such
10
EVALUATION
Orgamzatlon agrees to part~cipate m an implementation and maintenance system whereby
the services can be continuously momtored Orgamzatlon agrees to make available ~ts financial
records for review by Caty at C~ty's thseretlon In addttlon, Orgamzatlon agrees to prowde C~ty
the following data and reports, or cop~es thereof
A All external or ~nternal audtts Organization shall submit a copy of the annual independent
audit to C~ty within ten days of receipt
B All ~xtemal or internal evaluation reports
C Quarterly performance/beneficiary reports to be submitted ~n January, April, July and
September, to ~nclude such reformation as requested by the City's Commumty
Development Division lncluchng but not hmtted to number of persons or households
assisted, race, gender, dlsablhty status and household income
D Orgamzatmn agrees to submit quarterly financial statements in January, April, July, and
September Each statement shall include current and year-to-date period accounting of all
revenues, expenditures, outstanding obligations and begmmng and ending balances
E An explanation of any major changes m program services
F To comply with tins section, Organization agrees to maintain records that will provide
accurate, current, separate, and complete disclosure of the status of funds received and the
services performed under flus Agreement Orgamzatlon's record system shall contain
sufficient documentation to provide in detail full support and justification for each
expenditure Organization agrees to retmn all books, records, documents, reports, and
written accounting procedures pertaining to the serwces provided and expenditure of funds
under flus Agreement for the period oft~me and under the conditions spo~ ~f, l by the City
G Nothing ~n the above subsecttons shall bc construed to reheve Organization of
responslblhty for retamang accurate and current records that clearly reflect the level and
benefit of services provided under this Agreement
Page 6 of 18
11.
DIRECTORS* MEETINGS
During the term of tins Agreement, Orgamzatlon shall dehver to City coptes of all nottces
of meetings of its Board of Directors, setttng forth the time and place thereof Such notme shall
be dehvered to Ctty m a ttmely manner to give adequate notice, and shall mclude an agenda and
a brief desenptton of the matters to be thseussed Organization understands and agrees that
C~ty's representattves shall be afforded access to all meetings oftts Board of Directors
Minutes of all meetings of Orgamzatton's governing body shall be available to Ctty w~thm
ten working days of approval
12
SUSPENSION OR TERMINATION
A The Ctty may terminate this Agreement with cause if the Organization vtolates any
covenants, agreements, or guarantees of this Agreement, the Organization's insolvency or
filmg of bankruptcy, dtssolutton, or receivership, or the Organtzatton's molatton of any law
or regulatton to winch it is bound under the terms of this Agreement
B The Ctty may termmate this Agreement for convenience at any time If the City terminates
tins Agreement for cunvemence, Orgamzatton will be prod an mount not to exceed the
total mount of accrued expendttures as of the effecttve date of termination In no event
will th~s compensation exceed an amount, whmh bears the same ratm to the total
compensatton as the servtees actually performed bears to the total services of Organization
covered by the Agreement, less payments prevtously made
In case of suspenstun, Ctty shall advtse Organ~zation, m writing, as to condmons precedent
to the resumption of funding and specify a reasonable date for comphanee
In case of termination, Orgamzatmn will remit to City any unexpended City funds
Acceptance of these funds shall not constttute a waiver of any clmm City may otherwise
have anstng out of thru Agreement
13.
PERSONNEL POLICIES
Personnel pohc~es shall be established by Organization and shall be avoalable for
examtnatlon Such personnel pohc~es shall
A Be no more hberal than City's personnel pohmes, procedures, and practices, including
pohctes wtth respect to employment, salary and wage rates, working hours and holidays,
fnnge benefits, vacatmn and stek leave privileges, and travel, and
B Be in writing and shall be approved by the govennng body of Organization and by Ctty
Page 7 of 18
14.
EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS
A Orgamzatlon wll submit for C~ty approval, a written plan for comphance w~th the Equal
Employment and Affirmative Actmn Federal prows~ons, wxthxn 120 days of the effective
date of flus Agreement
B Orgamzatlon shall comply with all apphcable equal employment opportunity and
affirmative aet~un laws or regulations
C Orgamzatmn will furmsh all mfonnatmn and reports requested by City, and will permit
access to xts books, records, and accounts for purposes of mvestxgat~on to ascertain
comphanee with local, State and Federal rules and regulations
D In the event of Orgamzation's non-eomphance with the non-d~scnmmatmn reqmrements,
the Agreement may be canceled, terminated, or suspended In whole or m part, and
Orgamzatmn may be barred fi:om further contracts with City
15.
WARRANTIES
Organization represents and warrants that
A All mformatlun, reports and data heretofore or hereafter requested by C~ty and furnished to
City, are complete and accurate as of the date shown on the mformat~on, data, or report,
and, since that date, have not undergone any s~gmficant change without written notice to
C~ty
B Any supporting financial statements heretofore requested by City and furmshed to Cay, are
complete, accurate and fmrly reflect the financial conditions of Organization on the date
shown on smd report, and the results of the operation for the period covered by the report,
and that since said date, there has been no material change, adverse or otherwise, in the
financial condition of Organization
C No htlgat~on or legal proceedings are presently pending or threatened agmnst Organization
D None of the prows~ons hereto contravene or are in eonflmt w~th the authority under which
Organization ~s doing business or with the provls~ons of any existing indenture or
agreement of Orgamzat~on
E Organxzat~on has the power to enter ~nto th~s Agreement and accept payments hereunder,
and has taken all necessary action to authorize such acceptance under the terms and
conditions of th~s Agreement
Page 8 of 18
F None of the assets of Orgarnzatton are subject to any lien or encumbrance of any character,
except for current taxes not delinquent, except as shown in the financial statements
furmshed by Organization to City
Each of these representations and warranties shall be continuing and shall be deemed to have
been repeated by the submission of each request for payment
16.
CHANGES AND AMENDMENTS
A Any alterations, additions, or deletions to the terms of tins Agreement shall be by wntten
amendment executed by both parties, except when thc terms of this Agreement expressly
provide that another method shall be used
B Organization may not make transfers between or among approved line items within budget
categones set forth in Exbablt B w~thout prior written approval of the Community
Development Admnustrator for the City Organization shall request, m writing, the budget
revision m a form prescnbed by City, and such request for revision shall not increase the
total monetary obhgatlon of City under this Agreement In addition, budget revisions
cannot slgmficantly change the nature, intent, or scope of the program funded under this
Agreement
C Organization will submit revised budget and program lnformatmn, whenever the level of
funding for Organization or the program(s) described herein is altered according to thc
total levels contained m any portion of Exhibit B
D It is understood and agreed by the parties hereto that changes in the State, Federal or local
laws or regulations pursuant hereto may occur dunng the term of this Agreement Any
such modifications are to be automatically incorporated Into this Agreement without
wntten amendment hereto, and shall become a part of the Agreement on the effective date
specified by the law or regulation
E City may, from time to time dunng the term of thc Agreement, request changes in Exhibit
A which may include an increase or decrease m the amount of Organization's
compensation Such changes shall be incorporated in a written amendment hereto, as
provided In Subsection A of this Section
F Any alteratmns, deletions, or adchtlons to thc Contract Budget Detail incorporated in
Extnblt B shall require the prior written approval of City
G Orgamzatmn agrees to notify City of any proposed change in physical location for work
performed under this Agreement at least 30 calendar days m advance of the change
H Organization shall notify City of any changes m personnel or governing board
composition
Page 9 of 18
I It is expressly understood that neither the performance of Exhibit A for any program
contracted hereunder nor the transfer of funds between or among sa~d programs will be
permitted
17,
NOTIFICATION OF ACTION BROUGHT
In the event that any claim, demand, suit or other action is made or brought by any
person(s), firm corporation or other entity agmnst Organization, Organization shall give written
notice thereof to City vatb_m two working days after being notified of such claim, demand, stat or
other actmn Such notice shall state the date and hour of notfficatlon of any such claim, demand,
suit or other action, the names and addresses of the person(s), firm, corporation or other entity
making such claLm, or that instituted or threatened to institute any type of action or proceeding,
the basis of such claim, action or proceeding, and the name of any person(s) against whom such
claim is being made or threatened Such written notice shall be delivered either personally or by
mall
18,
INDEMNIFICATION
A It is expressly understood and agreed by both parties hereto that City is contracting
with Organization as an independent contractor and that as such, Organization
shall suve and hold City, its officers, agents and employees harmless from ali
liability of any nature or kind, including costs and expenses for, or on account of,
any elmms, audit exceptions, demands, suits or damages of any character
whatsoever resulting in whole or in part from the performance or omission of any
employee, agent or representative of Orgamzation.
B. Organizatmn agrees to provide the defense for, and to mdemmfy and hold hurmless
City its agents, employees, or contractors from any and all claims, suits, causes of
action, demands, damages, losses, attorney fees, expenses, and hablhty arising out of
the use of these contracted funds and program administration and implementation
except to the extent caused by the willful act or omission of City, its agents or
employees.
19
INSURANCE
A Organization shall observe sound business practices w~th respect to providing such
bonding and msurance as would provide adequate coverage for services offered under
this Agreement
B The premises on and in which the activities described m Exhibit A are conducted, the
employees conducting these activities, shall be covered by premise liability insurance,
Page 10 of 18
commonly referred to as "Owner/Tenant" coverage with City named as an additional
insured Upon request of Orgamzat~on, City may, at its sole discretion, approve alternate
insurance coverage arrangements
C Organization will comply with appheable workers' enmpensatlon statutes and will obtain
employers' hablhty coverage where available and other appropriate hablhty coverage for
program participants, if apphcable
D Orgamzatlon will maintain adequate and continuous liability insurance on all vehicles
owned, leased, or operated by Organization All employees of Orgamzatlon who are
required to drive a vehicle in the normal scope and course of their employment must
possess a valid Texas Driver's hcense and automobile habthty Insurance Evidence of the
employee's current possession of a valid heense and insurance must be maintained on a
current basis m Orgamzatlon's files
E Actual losses are not covered by insurance as required by flus Section are not allowable
costs under flus Agreement, and remain the sole responslblhty of Organization
F The pohcy or policies of insurance shall contain a clause winch requires that City and
Organlzataon be notafied m writing of any eancellataon or change in the policy at least 30
days prior to such change or cancellataon
20
CONFLICT OF INTEREST
A Orgamzatlon covenants that neither it nor any member of its governing body presently
has any interest, direct or lndurect, winch would conflict in any manner or degree with the
performance of services reqmred to be performed under this Agreement Organization
thrther covenants that in the performance of this Agreement, no person having such
interest shall be employed or appointed as a member of its governing body
B Organization further covenants that no member of its governing body or its staff,
subcontractors or employees shall possess any interest in or use his/her position for a
purpose that is or gives the appearance of being motivated by desire for private gain for
Inmself/hersalf, or others, particularly those with winch he/she has family, business, or
other ties
C No officer, member, or employee c~ t ky and no member of its governing body who
exercises any function or responslblhtleS in the review or approval of the undertaking or
carrying out of this Agreement shall partlmpate in any decision relating to the Agreement
which affects his or her personal interest or the interest in any corporation, partnership, or
association in winch he or she has a d~rect or indirect interest
Page ll of 18
21.
NEPOTISM
Orgamzataon shall not employ m any pa~d capacity any person who is a member of the
lmmediatel family of any person who is currently employed by Organization, or is a member of
Organization's governing board The term "member of immediate family" includes wife,
husband, son, daughter, mother, father, brother, sister, m-laws, aunt, uncle, nephew, meee,
step-parent, step-child, half-brother and half-sister ~
22.
NOTICE
Any notice or other written instrument required or permitted to be delivered under the
terms of flus Agreement shall be deemed to have been delivered, whether actually received or
not, when deposited in the Umted States mml, postage prepmd, registered or cemfied, remm
receipt requested, addressed to Orgamzatlon or City, as the case may be, at the following
addresses
CITY ORGANIZATION
City of Denton, Texas Executive Director
Attu City Manager SPAN, [NC
215 E McKanney 1800 Malone
Denton, TX 76201 Denton, TX 76201
Either party may change its moiling address by sending notice of change of address to the
other at the above address by certified mml, return receipt requested
23.
MISCELLANEOUS
A Organization shall not transfer, pledge or otherwise assign this Agreement or any interest
thereto, or any cltum ansmg thereunder to any party or parties, bank, tmst company or
other financial mstltutlon without the prior written approval of City
B If any provision of tins Agreement is held to be invalid, Illegal, or unenforceable, the
remmmng provisions shall remain in full force and effect and continue to conform to the
original intent of both parties hereto
C In no event shall any payment to Organization hereunder, or any other act or failure of
City to mslst in any one or more instances upon the terms and conditions of this
Agreement constitute or be construed in any way to be a waiver by City of any breach of
covenant or default which may then or subsequently be committed by Organization
Neither shall such payment, act, or omission In any manner impair or prejudice any right,
power, pnvflege, or remedy available to City to enforce its rights hereunder, which rights,
Page 12 of 18
powers, pnwleges, or remedies are always specifically preserved No representative or
agent of City may wmve the effect of th~s provision
D Tlus Agreement, together with referenced exhibits and attachments, constitutes the entire
agreement between the part,es hereto, and any prior agreement, assertion, statement,
understanding, or other commitment occurring dunng the term of th~s Agreement, or
subsequent thereto, have any legal force or effect whatsoever, unless properly executed In
writing, and if appropriate, recorded as an amendment of this Agreement ~
E In the event any disagreement or &spute should arise between the parties hereto
pertalmng to the interpretation or meamng of any part of th~s Agreement or ~ts governing
roles, codes, laws, ordinances, or regulations, City as the party ultamately responsible to
HUD for matters of compliance, will have the final authority to render or to secure an
lnterpretaUon
F Tlus Agreement shall be interpreted in accordance with the laws of the State of Texas and
venue of any htlgatlon concermng this Agreement shall be in a court of competent
junsdaction sl~ng ~n Denton County, Texas
IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this
Agreement as of the day of ,2000
CITY OF DENTON, TEXAS
BY
MICHAEL W JEZ, CITY MANAGER
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
Page 13 of 18
SPAN, INC
ATTEST
BOARD SECRETARY
Page 14 of 18
EXHIBIT A
WORK STATEMENT
SPAN, INC
(BID #2530)
· Orgamzatlon will prowde congregate meals at the Denton Semor Center and the
American Leg~on Hall to chonts of those respective famhties every Monday through
Friday, vath the exception of designated holidays
· Orgamzation will promote bettor mental and phystcal health for older people through
nutritious meals and so¢lalizataon
· Orgamzatlon will provide home dehverexl meal assistance to seniors hmng ~n the C~ty of
Denton every Monday through Friday, w~th the exception of designated holidays
· Organ~zataon will target persons who are 60 years and older, at-risk, low ~ncome, frail
and minority elderly for home dehvored meal assistance Program must show evidence
of marketing meal sorvmes to low-raceme, frml and mmonty elderly clients
OUTCOME MEASURES
· Orgamzatmn w~ll prowde meals to 500 unduphcated C~ty of Denton residents dunng
the course of the contract year
· Organization will prowde at least 15,000 meals to residents of Denton dunng the
course of the contract year
· At least 20% of clients receiving meals servmes wall come from m~nonty households
Page 16of18
EXHIBIT B
BUDGET
SPAN, INC
(BID #2530)
EXAMPLE
Reimbursement for Meals $29,000 00 (Contract Total)
Through tins Sermce Agreement, the C~ty of Denton will pay for a port~on of the cost of each
congregate and home dehvered meal The C~ty's reimbursement to SPAN will be on a per meal
bas~s SPAN will charge the C~ty of Denton the following prices throughout the contract year
Cost of Congregate Meals $ 1 50 ea
Cost of Home Dehvered Meals $ 1 50 ea
Reimbursement requests may come to the City of Denton on a monthly or quarterly bas~s
Page 17 of 18
~,genda Item
AGENDA INFO~TION SHEET qato_
AGEND~ DATE: October 3, 2000 Questions conce~ng
acqulsttzon may be dxrected
DEP~TMENT: Materials M~agem~t to Tom Shaw 349-7100
ACM' Ka~y D~ose, F~scal ~d M~c]p~ Seduces ~
SUBJECT~
An Ordanance accepting competitive bids and awarding a publac works contract for the
Constructaon of Pre-Enganeered /Prefabncated Metal Bual&ng and 'T' Shed, provlchng for the
expendature of funds therefore, and provadmg an effective date (Bzd 2561 - Metal Buildings and
"T' Shed, Items 1 and 3 awarded as hsted below total expendature $42,796 00)
BID INFORMATION:
Tlus bid is for the construction of three pre-fabncated metal buildings
· Bml(hng 1 is a 24' x 36' bualdmg for storage of sacked cement and concrete to be located
in the warehouse yard at the Service Center
· Building 2 as a 50' x 100' x 20' prefabricated building intended to house the compost
production and storage act~wty near the Wastewater Treatment Plant on Mayhfll Road
· Bmldmg 3 is a 192' x 40' "T" Shed for weather and sunhght protection for bulk ~tems
stored an the Warehouse Yard at the Service Center Complex (Bmldang 3 d~mensaons
include one 24' addmon as lasted on B~d Item 5 m addmon to the 168' base b~d bmldmg)
PRIOR AtCTIONNIEW (COUNCIL, BOARDS, COMMISIONS).
On September 18, 2000 , the Publac Ut~hty Board recommended to delay awarchng Item 2
pendang farther conmderation
RECOMMENDATION:
We recommend ttus bid be awarded to the lowest responsible bidder for each bufldang as hsted
Buald~ng 1 (24'x 36') Wayne Allen Construction $10,248 00
Bufldang 3 (192'x 40' 'T' Shed) Wayne Allen Construction $32,548 00
Total Expenditure $42,796 O0
and that award of Item 2 be delayed for further eOuslderatmn as recommendation by PUB
Agenda Information Sheet
September 26, 2000
Page 2
PRINCIPAL PLACE OF BUSINESS:
Wayne Allen Constructmn
Denton, TX
ESTIMATED SCHEDULE OF PROJECT:
Both bmld~ngs are scheduled for completmn ~n 60 to 70 days or the second week of December
2000
FISCAL INFORMATION:
Bmld~ng ! and 3 will be funded from Materials Management Dlwmon Operatmn Budget account
(710-043-0582-9101)
Respectfully submitted
Tom Shaw, C P M, 349-7100
Parchasmg Agent
Attachment 1 Tabulation Sheet
1446 Agenda
ATTACHMENT
TABULATION SHEET
B;d # 2561 Date 9/5/00
METAL BUILDINGS AND "T" SHED
No I Qty DESCRIPTION VENDOR VENDOR VENDOR VENDOR
~ ~.~o~.~ ~,~ ~ °<~1 Wayne Allen DBR
~,~,~< ~ ~oo ~, ~ ~ Construction Construcbon Daws & Hawkins
Principle Place of Business' Denton, TX Denton, TX Denton, TX Ft Worth,TX
24' X 36'1 PRE-FABRICATED
METAL BUILDING FOR
1 PALLETIZED CONCRETE $10,248 00 $16,940 00 $12,575 00 $12,091 00
1 ,STORAGE
50' X 100' X' 20' PRE-FABRICATED
1 METAL BUILDING FOR COMPOST $45,132 00 $62,301 00 $42,228 00 $53,061 00
2 PRODUCTION & STORAGE
168' X 40' X 20' "T" SHED FOR
1 BULK ITEMS STORAGE $29,408 00 $47,823 00 $35,577 00 $29,989 00
3
DEDUCT FOR EACH 24' SECTION
EA DELETED FROM ITEM 3 $2,829 00 $3,232 00 $3,900 00 $2,094 00
4
ADD FOR EACH 24' SECTION
EA ADDED TO ITEM 3 $3,140 00 $3,812 00 $4,376 00 $4,189 00
5
COMPLETION DATE 8-10 Weeks 60 Days 60 Days 90 Days
ORDINANCE NO
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACTS FOR THE CONSTRUCTION OF PRE- ENGINEERED / PREFABRICATED
METAL BUILDING AND 'T' SHED, PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2561 - METAL BUILDINGS
AND "T' SHED, ITEM 1 AND 3 AWARDED AS LISTED BELOW TOTAL EXPENDITURE
$42,796 00)
WHEREAS, the C~ty has sohcited, and received competitive sealed b~ds for the construction
of public works or improvements m accordance with the procedures of STATE law and City
ordinances, and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herem~descnbed bids are the lowest respondent for the construction of the public works or
improvements described m the bid invitation, and plans and specifications therein, NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the following competmve sealed bid for the construction ofpubhc works
or improvements, as descnbed in the "Sealed Bid Invitations", or plans and specifications on file in
the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are
hereby accepted and approved as being the lowest responsible bids
BID
NUMBER ITEM CONTRACTOR AMOUNT
2561 1, 3 Wayne Allen Construction $42,796 00
SI~CTION II That the acceptance and approval o f the above competmve sealed bid shall not
constitute a contract between the City and the person subrmttmg the bid for construction of such
public works or improvements hereto accepted and approved, until such person shall comply w~th all
reqmrements specified in the Notice to Bidders including the timely execution of a written contract
and furmshing of performance and payment bonds, and insurance certificate after notificataon of the
award of ~he bid
S$CTION III That the City Manager is hereby authonzed to execute all necessary written
contracts for the performance of the construction of the pubhc works or improvements m accordance
with the bids accepted and approved hereto, prowded that such contracts are made ~n accordance
with the Notice to Bidders and Request for Sealed Bids, and documents relating thereto specifying
the terms, conditions, plans and specifications, standards, quantities and specified sums contmned
therein
SECTION IV That upon acceptance and approval of the above competitive sealed bids and
the execution of contracts for the public works and ~mprovements as authorized herein, the City
Council hereby authorizes the expenditure of funds ~n the manner and in the mount as specified in
such approved bids and authorized contracts executed pursuant thereto
SECTION V That this ordinance shall become effective lmmedmtely upon its passage and
approval
PASSED AND APPROVED thas the day of ,2000
EULINEBROCK, MAYOR
ATTEST
JENN~ERWALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
BID 2561 - PUBLIC WORKS CONTRACTUAL ORDINANCE 9-00
^oendaNo
Agenda iten~ .'
AGENDA INFORMATION SHEET Date~,z~--J~--
AGENDA DATE: September 26, 2000 Questions coneernmg ttus
acqmsmon may be chrected
DEPARTMENT' Materials Management to Tom Shaw 349-7100
ACM: Kathy DuBose, Fiscal and Municipal Services ~
SUBJECT:
An Ordinance providing for the expenditure of funds for an emergency purchase of URD electric
power cable m accordance with provisions of State Law exempting such purchases from
reqmrements of competitive bidding, and providing an effective date (Purchase Order 07933 -
Temple, Inc. in the amount of $6119,655 00)
PURCHASE ORDER INFORMATION:
Th~s purchase order is for the purchase of an approximately 90-day supply of specified electric
power cable Tlus emergency has been brought on by a set of unusual circumstances On March
7, 2000 Council awarded a contract for the supply of Electric Distribution w~re and cable The
items specified on the attached purchase order were awarded to Wesco The rare was ordered,
s~pped and received At time of receipt it was determined that the wire failed to meet
specification Numerous conversations and meeUngs have been held to rectify this situation
Mean time we have depleted our yore stock No emergency backup is left on hand and new
constmctmn projects are being delayed At the advise of a member of our legal staff we have
declared this acquisition an emergency and desire to order a suffiment supply of power cable to
protect the health and safety of the public wlule we work our way through the situation Temple,
Inc was the next low bid for wire and cable at the tane of bid award and currently has the best
delivery schedule when compared to other supphers
RECOMMENDATION:
We recommend the purchase of the specified power cable be declared an emergency and the
Purchase Order 07933 to Temple, Inc be approved in the amount of $598,565 00
PRINCIPAL PLACE OF BUSINESS:
Temple, Inc
Connth, TX
ESTIMATED SCHEDULE OF PROJECT:
Specified yore can be dehvered m two to four weeks after receipt of an order
Agenda Information Sheet
September 26, 2000
Page 2
FISCAL INFORMATION:
Funding for the aeqtusltlon ~s avoalable m Inventory Working Capital account (710-043-0582-
8701)
Respectfully submitted
Tom Shaw, ~ P M, 349-7100
Purchasing Agent
Attachment 1 Purchase Order 07933 to Temple, Inc
Attachment 2 Quote from Temple, Inc
1452 Agenda
ATTACHMENT
ATTACHMENT 2
Ufiliserve
I N C O R P 0 R A T E 0
September 15, 2000
To Dcmsc HatI~uol
Cl~y of Demon
Purchasing Department
From Chuck Altmm~
Tcmplc, lac
Subject Okontt~ Pricing - Revmed
Here Is the reformation you requested from me yesterday, including the addition of the
#4/0-15KV Aluminum Primary Cable wRh a full copper neutral
Our pricing Is firm, provided and order ts received within 12 days, and released tar
Immediate shipment ffdelivery is critical, it is smportant that you adwse us as soon
as you have made a dee.mn, beeause quoted defivenes aFC based on factory
production, which is subject to prior sale
I Cable, 750MCM ! 5ky Pnmury Copper w/220mll EPR insulation per City of
Denton specs
Okonite #115-23-3135 $5 841/Fi
Dehvery-30K' m 2 w~eks, Bal 1 I/4/00
3OK' on ilO00' air reels, ple..~e spectfy put ups on balanec
2 Cable, 500MCM 15kv Primary Copper w/220mll EPR insulation per City of
Denton specs
Okonite #115-23-3131 $4 179/Fi
Dehvcry-25K' 10/14/00, Bal
Please specify put-ups
3 Cable, 4/0 15ky Primary Aluminum w/220mtl EPR Insulation per CRy of
Denton specs
Okomt¢ #162-23-3081 $1 699/Ft
Delivery- 30K' 10/21/00
Please specify put-ups
4 Cable, 4/0 15kv r'~x,~ y Aluminum w/220mtl EPR Insulation and Full Copper
Neutral consisting c,! 13xl O's Please specify put-ups
Okonite #161-23-3081 $2 668/Ft
Dehvery- 30K' 10/21/00
ORDINANCE NO
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR AN
EMERGENCY PURCHASE OF URD ELECTRIC POWER CABLE IN ACCORDANCE
WITH PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM
REQUIREMENTS OF COMPETITIVE BIDDING, AND PROVIDING AN EFFECTIVE
DATE (PURCHASE ORDER 07933 - TEMPLE, INC IN THE AMOUNT OF $689,665 00)
WHEREAS, state law and ordinance reqmre that certain contracts reqmnng an
expenditure or payment by the City in an anaount exceeding $15,000 be by competitive btds,
except In the case of pubhc ealamtty where tt becomes necessary to act at once to appropriate
money to reheve the necesstty of the cmzens of the city, or ~n case of unforeseen damage to
pubhc property, machinery or eqmpmant, and,
WHEREAS, the Ctty Manager has recommended to the City Council that at is necessary
to purchase goods or servtces due to the emergency conditions outhned an the on file ~n the office
of the Purchasmg Agent, incorporated herein by reference being in comphance with the
reqmrements of Chapter 252 of the Texas Local Government Code, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the City Council hereby determines that there ~s a public calamity
that makes at necessary to act at once to appropriate money to relieve the necessity of the ctt~zens
of the c~ty, or to prowde for unforeseen damage to public property, machinery or eqmpment, and
by reason thereof, the following emergency purchases of materials, equipment, supplies or
services, as described tn the "Purchase Orders" referenced herein and on file the office of the
Purchasing Agent, are hereby approved
PURCHASE
ORDER VENDOR AMOUNT
07933 Temple, Inc $689,665 00
SECTION II That because of such emergency, the C~ty Manager or designated
employee is hereby authorized to purchase the materials, eqmpment, s.pphes or services as
described in the attached Purchase Orders and to make payment the~ ~ Jr;. ~ the amounts therein
stated, such emergency purchases being tn accordance with the provislOn~ ~f state law exempting
such purchases by the C~ty from the requirements of competmve bids
SECTION III Thru ordinance shall become effective ~mmedtately upon its passage and
approval
PASSED AND APPROVED th~s the __ day of ,2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
07933 EMERGENCY PURCHASE ORDER ORDIANCE
Agenda No
Agenda Item / 7 ._
AGENDA INFORMATION SHEET 0ate
AGENDA DATE: September 26, 2000 Questions concerning this
acquisition may be &retted
DEPARTMENT: Materials Management to Ed Hodney 349- 8271
ACM: Kathy DuBose, Fiscal and Municipal Servlces~rt:~
SUBJECT'
An Ordinance anthonzmg the City Manager to execute a Professional Services Agreement with
Schnckel, Rollins and Associates, Inc ~o provide for the Aquatic Center Concept Plan and
Business Plan for the City of Denton Parks Department as set forth in the contract, providing for
the expen&ture of funds therefore, and provldmg an effective date (RFSP 2548 - Professional
Services Agreement for Aquatic Center Concept Plan and Business Plan awarded to Schnekel,
Rollins & Assocmtes, Inc in the amount of $111,500)
PROFESSIONAL SERVICES AGREEMENT INFORMATION
The overall objective is to develop a conceptual plan for 25-yard natatorium with leisure play
elements and an outdoor family onanted leisure pool, along with support faclhtles to meet the
aquatic needs of he eommumty and school district users In addition, a business/management
plan will be developed to guide marketing, expenditure and revenue budgets, faeihty operation,
and program development (See Exlubit "A" of contract attached to Or&nanee for additional
details)
PRIOR ACTION/VIEW (COUNCIL~ BOARDS~ COMMISIONS)
The Aquatic Center Project Teem (comprised of City of Denton and Denton Independent School
Dlsmct staff) ~ntervlewed the six responding consultants and concur with this reeommendatlon
RECOMMENDATION:
We recommend ttus contract be awarded to Sehnckel, Rollins and Associates, Ine in the amount
of $111,500
PRINCIPAL PLACE OF BUSINESS:
Schnckel, Rolhns and Associates, Inc
Arlington, TX
ESTIMATED SCHEDULE OF PROJECT'
· Pubhe Input Meeting October 19, 2000
· Concept Presentation to Staff November 1, 2000
· Concept Presentation of Park Bond November 9, 2000
· Joint meeting with City Council and School Board November 16, 2000
Agenda Information Sheet
September 26, 2000
Page 2
FISCAL INFORMATION:
Funding for tbas project ~s available from FY 2000 budget account (452-031-PARK-9972-9157)
Respectfully submitted
Tom Shaw, C P M, 349-7100
Purchasing Agent
Attachment 1 Purchase Order 07538 to Schnekel, Rollms and Associates, Inc
1441 Agenda
ATTACHMENT 1 o o o
o o o
OO
O~ ~ ~
~ ~ ~ o
~ ~ 0
Z~E ~ ~
~c ~o0 ~ ~
ORDINANCE NO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
SCHRICKEL, ROLLINS AND ASSOCIATES, INC AN ARCHITECTURAL FIRM, TO
PROVIDE CONCEPT AND BUSINESS PLANS FOR A PROPOSED AQUATIC CENTER,
AUTHORIZING THE EXPENDITUR~ OF FUNDS THEREFOR, AND PROVIDING AN
EFFECTIVE DATE (RFSP 2548- PROFESSIONAL SERVICES PROCUREMENT IN THE
AMOUNT OF $111,500)
WHEREAS, the C~ty Courted deems at ~n the pubhc anterest to engage the firm of
Schnckel, Rollms and Assoemtes, Inc ("Consultant"), to provade professaonal architectural
servaees to the Caty for concept and busmass plans for a proposed aquaUc center, and
WHEREAS, the C~ty staff has reported to the Caty Cotlncll that there ~s a substanual need
['or the above-described professional se~vlcas, and that llmated Caty staff cannot adequately
perform the servacas and tasks w~th its own personnel, and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional
Servaces Procurement Act", generally prowdes that a C~ty may not select a provider of
professional services on the bas~s of eompetmve b~ds, but must select the provader on the basas of
demonstrated competence, knowledge, and quahficataons, and [`or a fair and reasonable price,
and
WHEREAS, the Caty Council has provaded an the C~ty Budget for the appropnatmn of
funds to be used for the purchase of the professmnal servaces, as set forth an the Agreement for
Archttectural Services, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SI~CTION 1 The Caty Manager as hereby authorized to execute an Agreement for
Arctutectural Services with the Consultant, to prowde professaonal arctutectural services to the
City for concept and business plans for a proposed aquaUc center, m substanually the form o[`the
Agreement attached hereto and meorporated herewath by reference
S]~CTION 2 The award of tl~s Agreement by the Caty as on the basas of the
demonstrated competence, knowledge, and qualtficaUons of the Counsultant and the ability of
the Consultant to perform the profeasaonal serwcas needed by the Caty for a fair and reasonable
price
SECTION 3 The expenditure of funds as provaded an the attached Agreement ~s hereby
authorized
SECTION 4 This ordananee shall become effeetave ammedmtely upon ars passage and
approval
PASSED AND APPROVED flus the day of ,2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
By
RFSP 2548 - CONTRa~CTUAL FOR PROFESSIONAL SERVICES ORDINANCE (REVISED 9 00)
Page 2
C \WINDOWS\TEMPXAquattcl doe
AGREEMENT FOR ARCHITECTURAL SERVICES
Tins Agreement made as of the __ day of ., 2000 between
the City of Denton, Texas, hereinafter referred to as "Owner", and Schr~ckel~ Rollins and
Assocmtes. I)~e., hereinafter referred to as "Architect" for the following Project Denton
Aouatic Center The Owner and Architect agree as set forth below
ARTICLE I
ARCHITECT'S RESPONSIBILITIES
1.1 ARCHITECT'S SERVICES
1.1.1 The Architect's services consist of those services performed by the Amhitect,
Arctutect's employees and Architect's consultants as enumerated in Articles 2 and 3 of this
Agreement and any other services included in Amcle 1 1
1.1.2 The Architect's services shall be performed as expeditiously as is consistent with the
highest degree of professional skill and care and the orderly progress of the Work Upon request
of the Owner, the Architect shall submit for the Owner's approval a schedule for the performance
of the Architect's services which may be adjusted as the Project proceeds, and shall include
allowances for ponods of time required for the Owner's review and for approval of submissions
by authorities having jurisdiction over the ProJect Time limits established by this schedule and
approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or
Owner, and any adjustments to this schedule shall be mutually acceptable to both parties
I 1.3 The services covered by this Agreement are subject to the time limitations contained
in Subparagraph 10 4 I
ARTICLE 2
SCOPE OF ARCHITECT'S BASIC SERVICES
2.1 DEFINITION
2.1.1 The Architect's Basic Services consist of those described ~n Paragraph 2 2 and in the
attacho4 r' hihit "A" Other services as listed in Paragraphs 2 3 through 2 6 and any other
servl~, , atlfied in Article 11 and any other engineenng services necessary to produce a
complete and accurate set of Construction Documents, as described by and reqmred in Paragraph
2 4 will be provided only upon completion of the services desenbed in Exhibit "A" and will only
be provided ifanthonzed by written contract amendment by the Owner
Agreement for Architectural Services - Page 1 of 12 905,
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The Amlutect, m consultation w~th the Owner, shall develop a written program for
the ProJect to ascertmn Owner's needs and to establish the requirements for the ProJect
2.2.2 The Arctutect shall provide a preliminary evaluation of the Owner's program,
construction schedule and construction budget rcqmremants, each in terms of the other, subject
to thc limitations set forth m Subparagraph 5 2 1
2.2.3 The Arclutect shall review with the Owner alternative approaches to design and
construction of the Project
2.2.4 Based on the mutually agreed-upon program, schedule and construction budget
requirements, the Arclutect shall prepare, for approval by the Owner, SchemaUc Design
Documents consisting of dravangs and other documents illustrating the scale and relationship of
ProJect components The Schematic Design shall contemplate compliance with all applicable
laws, statutes, ordinances, codes and regulations
2.2.5 The Arclutect shall submit to the Owner a preliminary detailed estimate of
Construction Cost based on current area, volume or other unit costs and which indicates the cost
of each category of work involved in constructing the ProJect and establishes an elapsed time
factor for the penod of time from the commencement to the completion of construction
ARTICLE 3
ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Article 3 are not included in Basic Services unless so
ldemffied in Article 11, and they shall be prod for by the Owner as provided in this Agreement,
in addition to the compensation for Basic Services The services described under Paragraphs 3 2
and 3 4 shall only be provided if authorized or confirmed in writing by the Owner If services
descnbed l under Contingent Additional Services in Paragraph 3 3 are required due to
cimumstances beyond the Amhitect's control, the Architect shall notify the Owner prior to
commencing such services If the Owner deems that such services described under Paragraph
3 3 are not reqmred, the Owner shall give prompt wr~ttev notice to the Architect If the Owner
indicates in writing that all or part of such Contmg, ' htional Services are not required, the
Architect shall have no obligation to provide those set,ices Owner will be responsible for
compensating the Architect for Conungent Additional Services only if they are not required due
to the negligence or fault of Architect
Agreement for Architectural Services - Page 2 of 12 905~
3.2 CONTINGENT ADDITIONAL SERVICES
3.2.1 Making material revisions in Drawings, Specifications or other documents when
such revisions are
1 inconsistent with approvals or instructions previously given by the Owner,
including revisions made necessary by adjustments in the Owner's program or
Project budget,
2 required by the enactment or revision of codes, laws or regulations subsequent
to the preparation of such documents, or
3 due to changes required as a result of the Owner's failure to render decision in
a timely manner
3.2.2 Providing services required because of significant changes in the Project including,
but not lmuted to, size, quality, complexity, the Owner's schedule, or the method of bidding and
contracting for construction
3.3 OPTIONAL ADDITIONAL SERVICES
3.3.1 Providing financial feaslbthty or other special studies
3.3.2 Providing planning surveys, site evaluations or comparative studies of prospective
sites
3.3 3 Promdlng special surveys, environmental studies and submissions required for
approvals of governmental authorities or others having jurisdiction over the ProJect
3.3.4 Providing services relative to future facilities, systems and equipment
3 3 $ Promdlng services to investigate existing conditions or facilities or to make
measured drawings thereof
3 3 6 Providing services to verify the accuracy of drawings or other information furnished
by the Owner
3 3 7 Providing analyses ot o~r, ag and operating costs
3.3.8 Making investigations, inventories of materials or equipment, or valuations ana
detailed appraisals of existing facilities
3.3.9 Providing services of consultants for other than architectural, structural, mechanical
and electrical engmeenng portions of the ProJect provided as a part of Basic Services
Agreement for Amhitectural Services - Page 3 of 12 905~
3.3.10 Providing any other services not otherwise included in this Agreement or not
cnstomanly furmshed in accordance with generally accepted architectural practice
ARTICLE 4
OWNER'S RESPONSIBILITIES
4.1 The Owner shall consult with the Architect regarding requirements for the Project,
including (1) the Owner's objectives, (2) schedule and design constraints and criteria, including
space requirements and relationships, flexibility, expendability, special equipment, systems and
site requirements, as more specifically described in Paragraph 2 2 1
4.2 The Owner shall establish and update an overall budget for the Project, lnclu&ng the
Construction Cost, the Owner's other costs and reasonable contingencies related to all of these
costs
4.3 If requested by the Arcbatect, the Owner shall furnish evidence that financial
arrangements have been made to fulfill the Owner's obligations under this Agreement
4.4 The Owner shall designate a representative anthonzed to act on the Owner's behalf
with respect to the Project The Owner or such anthonzed representative shall render decisions
in a timely manner pertaining to documents submitted by the Architect in order to avoid
unreasonable delay in the orderly and sequential progress of the Architect's services
4 5 The Owner shall furnish surveys describing physical characteristics, legal limitations
and utility locations for the site of the Project, and a written legal description of the site The
surveys and legal information shall include, as applicable, grades and lines of streets, alleys,
pavements and adjoining property and structures, adjacent drainage, rights-of-way, restrictions,
easements, encroachments, zoning, deed restrictions, boundaries and contours of the site,
locations, dimensions and necessary data pertaining to existing buildings, other improvements
and trees, and information concerning available utility services and lines, both public and
private, above and below grade, including inverts and depths All the information on the survey
shall be referenced to a project benchmark
4.6 The Owner shall furmsh the services of geotechmcal engineers when such services are
requested by the Arclutect Such services may include but are not limited t,, -~ orings, test
pits, determinations of soil bearing values, percolation tests, evaluations of hazarc,~ as materials,
ground corrosion and resistivity tests, including necessary operations for anticipating sub-soil
conditions, with reports and appropriate professional recommendations
4.6.1 The Owner shall furnish the services of other consultants when such services are
reasonably required by the scope of the Project and are requested by the Architect and are not re-
tamed by the Architect as part of its Basic Services
Agreement for Architectural Services - Page 4 of 12
4.7 The Owner shall furnish structural, mechanical, chemical, air and water polhitlon tests,
tests of hazardous materials, and other laboratory and environmental tests, inspections and
reports reqmred by law or the Contract Documents
4.8 The Owner shall furnish all legal, accounting and insurance counsehng services as
may be necessary at any time for the Project, ~nchidIng auditing services the Owner may reqmre
to verify the Contractor's Applications for Payment or to ascenmn how or for what purposes the
Contractor has used the money paid by or on behalf of the Owner
4.9 The services, information, surveys and repons reqmred by Paragraphs 4 5 through 4 8
shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the ac-
curacy and completeness thereof in the absence of any negligence on the part of the Architect
4.10 The Owner shall give prompt written notice to the Architect if the Owner becomes
aware of any fault or defect in the ProJect or nonconformance w~th the Contract Documents
4.11 Architect shall propose language for certificates or cenfficatlons to be requested of
the Architect or Architect's consultants and shall submit such to the Owner for review and
approval at least fourteen (14) days prior to execution The Owner agrees not to request
certifications that would requn'c knowledge or services beyond the scope of this Agreement
ARTICLE 5
CONSTRUCTION COST
5.1 DEFINITION
5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all
elements of the Project designed or specified by the Architect
5.1.2 The Construction Cost shall include the cost at current market rates of labor and
materials furnished by the Owner and equipment designed, specified, selected or specially pro-
vlded for by the Architect, plus a reasonable allowance for the Contractor's overhead and profit
In addition, a reasonable allowance for contingencies shall be included for market conditions at
the time of bidding and for changes in the Work dunng construction
5.1 3 Construction Cost does not include the compensation of the Architect and Architect's
consultants, the costs of the land, rights-of-way, financing or other costs which are the responsl-
blhty of the Owner as provided in Article 4
5.2 RESPONSIBILITY FOR CONSTRUCTION COST
5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction
Cost and detailed estimates of Construction Cost prepared by the Architect represent the Archi-
tect's best judgment as a design professional familiar with the construction industry It is
Agreement for Architectural Services - Page 5 of 12 90~
recognized, however, that neither the Architect nor thc Owner has control over thc cost of labor,
materials or eqmpment, over the Contractor's methods of detenmmng b~d prices, or over
competmve b~ddlng or market condmous Accordingly, the Architect cannot and does not war-
rant or represent that b~ds will not vary from the Owner's ProJect budget or from any estimate of
Construction Cost or evaluation prepared or agreed to by the Architect
5,2 2 No fixed hm~t of Construction Cost shall be estabhsbed as a condmon of tl~s
Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed
hmlt has been agreed upon m wrlUng and signed by the parties thereto If such a fixed hm~t has
been estabhshed, the Archttect shall be permitted to include contingencies for design, bidding
and price escalation, to determine what materials, eqmpment, component systems and types of
construction are to be included m the Contract Documents, to make reasonable adjustments In
the scope of the ProJect and to ~nclude in the Contract Documents alternate b~ds to adjust the
Construction Cost to the fixed hm~t Fixed limits, if any, shall be increased m the amount of an
increase m the Contract Sum occumng aRer execution of the Contract for Construction
5,2.3 If the B~dding Phase has not commenced within 90 days after the Architect submits
the Construction Documents to the Owner, any ProJect budget or fixed limit of ConstrucUon
Cost shall be adJUSted to reflect changes m the general level of prices m the construction industry
between the date of submission of the Construction Documents to the Owner and the date on
whmh proposals are sought
ARTICLE 6
USE OF ARCHITECT'S DRAWINGS,
SPECIFICATIONS AND OTHER DOCUMENTS
6.1 The Drawings, Spec~ficat~ous and other documents prepared by the Arclutect for this
Project are instruments of the Architect's servme for use solely w~th respect to tlus Project and,
unless otherwise provided, the Architect shall be deemed the author of these documents and shall
retain all ,common law, statutory and other reserved rights, including the copyright The Owner
shall be permitted to retain copies, including reproducible cop~es, of the Arclutect's Drawings,
Specfficat~ous and other documents for mformat~on and reference m connecUon w~th the
Owner's use and occupancy of the Project The Areh~tect's Drawings, Specifications or other
documents shall not be used by the Owner or others on other projects for addmons to this Project
or for completion of this Project by others, unless th~s Agreement ~s terminated because
Architect Is ~n default of th~s Agreement, at which t~me the documents become the property of
the C~ty of Denton
6 2 Submission or dlstnbuUon of documents to meet officml regulatory reqmrements or
for similar purposes in connectmn with the Project ~s not to be construed as pubhcatmn m deroo
gatmn of the Architect's reserved rights
Agreement for Amhxtectural Servmes - Page 6 of 12 905,
ARTICLE 7
TERMINATION, SUSPENSION OR ABANDONMENT
7 1 Architect may terminate this Agreement upon not less than thirty days written notice
should the Owner fail substantially to perform in accordance w~th the terms of this Agrccmant
through no fault of the Architect Owner may terminate this Agreement or any phase thereof
upon thirty (30) days prior written notice to the Architect with the understanding that
immediately upon receipt of such notice, all work and labor being performed under the
Agreement shall cease immediately Before the end of the thirty (30) day period, Architect shall
invoice the Owner for all work it performed prior to the receipt of such notice No amount shall
be due for lost or anticipated profits All plans, field surveys, and other data related to the
Project shall become property of the Owner upon termination of the Agreement and shall be
promptly delivered to the Owner in a reasonably organized form Should Owner subsequently
contract w~th a new architect for continuation of services on the Project, Architect shall coop-
crate in prowding information
7.2 If the Project is suspended by the Owner for more than 30 consecutive days, the
Architect,shall be compensated for services performed prior to notice of such suspension When
the Project Is resumed, the Architect's compensation shall be eqmtably adjusted to provide for
expenses incurred m the interruption and resumption of the Architect's services
7.3 This Agreemcut may be terminated by the Owner upon not less than seven days
written notice to the Architect in thc event that the Project is permanently abandoned Iftbe Pro-
ject is abandoned by the Owner for more than 90 consecutive days, the Architect or the Owner
may terminate this Agreement by giving written notice
7.4 F0alurc of the Owner to make payments to the Architect in accordance with this
Agreement shall be considered substantial nonperformance and cause for termination
7.5 If the Owner fails to make payment to Architect within thirty (30) days of receipt of a
statement for services properly performed, thc Architect may, upon seven days wntten notme to
the Owner, suspend performance of services under flus Agreement Unless Architect receives
payment in full w~tlun seven (7) days of the date of the notice, the suspension shall take effect
without further notice In the event of a suspension of services under this section, the Architect
shall have no liability to the Owner for delay or damage caused the Owner because of such
suspension of services
7.6 In the event rnmation not the fault of the Architect, the Architect shall be
compensated for services pr,~.~rly performed prior to termination
Agreement for Architectural Services - Page 7 of 12 9051
ARTICLE 8
MISCELLANEOUS PROVISIONS
8.1 This Agreement shall be governed bythe laws of the State of Texas
8.2 Terms in this Agreement shall have the same meaning as those in AIA Document
A201, General Condmons of the Contract for Construction, current as of the date of this
Agreement
8.3 The Owner and Architect, respectively, bind themselves, their partners, successors,
assigns and legal representatives to the other party to this Agreement and to the partners, sue-
cessors, assigns and legal representatives of such other party w~th respect to all covenants of this
Agreement Neither Owner nor Architect shall assign flus Agreement without the written
consent of the other
8.4 'Flus Agreement represents the entire and integrated agreement between the Owner and
Arclutect and supersedes all prior negotiations, representauons or agreements, either written or
oral This Agreement may be amended only by written lnstmmant signed by both Owner and
Arctutect,
8.5 Nothing contmned in this Agreement shall create a contractual relationship w~th or a
cause of action in favor of a third party agamst either the Owner or Architect
8.6 Unless otherwise provided in this Agreement, the Architect and Architect's consultants
shall have no responsibility for the discovery, presence, handling, removal or chsposal of or
exposure of persons to hazardous materials in any form at the Project site, including but not
hm~ted to asbestos, asbestos products, polychlonnated bipbenyl (PCB) or other toxic substances,
provided, however, Architect shall have the responsibility to and shall report to the Owner the
location of any hazardous materml that an architect of similar skill and expertise should have
noticed
8.'/ Upon receipt of prior wnttan approval of Owner, the Architect shall have the right to
include representations of the design of the Pro.lect, including photographs of the exterior and
lnter~or, among the Archxtect's promotional and professional matermls The Architect's materials
shall not, include the Owner's confidential or proprietary information if the Owner has previously
· '. ~ ~.d the Architect in writing of the specific information considered by the Owner to be coati-
, ~ ~1 or proprietary The Owner shall provide professional ere;~ ' ~ the Architect on the con-
strucuon sign and in the promotional materials for the Project
Agreement for Architectural Services - Page 8 of 12 905~
ARTICLE 9
PAYMENTS TO THE ARCHITECT
9.1 DIRECT PERSONNEL EXPENSE
9 1 1 Dtrect Personnel Expense ts defined as the dtrect salaries of the Amhttect's personnel
engaged on the ProJect and the portmn of the cost of thetr mandatory and customary contn-
buttons and benefits related thereto, such as employment taxes and other statutory employee
benefits, insurance, stck leave, hohdays, vacattons, penstons and s~mflar contnbuuons and
benefits
9.2 REIMBURSABLE EXPENSES
9.2,1 Rexmbursable Expenses are m addmon to compensatton for Basic and Add~tmnal
Servtces and include expenses recurred by the Arclmect and Archxtect's employees and con-
sultants tn the mterast of the Project, as ~denufied tn the following Clauses
9.2.1.1 Expense of transportatmn m connection wtth the ProJect, expenses ~n connection
wxth anthonzed out-of-tom travel, lnng-d~stance commumcat~ons, and fees pard for secunng
approval of authorities hawng jurisdiction over the ProJect
9.2.1.2 Expense of reproductions (except the reproduction of the sets of documents
referenced m Subparagraph 2 6 19), postage and handhng of Drawxngs, Spec~ficauons and other
documents
9.2.1.3 If authorized tn advance by the Owner, expense of overttme work requmng htgher
than regular rates
9 2.1.4 Expense of rendenngs, models and mock-ups requested by the Owner
9.2.1.5 Expense of computer-oaded design and drat~mg equipment tnne when used tn
connectton w~th the Project
9.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES
9.3.1 Payments for Baste Services sl~ t~l ~ made monthly and, where apphcable, shall be
tn proportton to servtces performed wnhm ~'~ ~t phase of servtce, on the bas~s set forth tn
Subparagraph 10 2 2
9.3.2 If and to the extent that the ttme mtttally estabhshed tn Subparagraph 10 4 1 of thts
Agreement ~s exceeded or extended through no fault of the Architect, compensation for any
servtces rendered dunng the add~ttonal period of ttme shall be computed m the manner set forth
tn Subparagraph 10 2 2
Agreement for Architectural Services - Page 9 of 12 905,
9.3.3 When compensation is based on a percentage of Construction Cost and any pomons
of the Project are deleted or otherwise not constructed, compensation for those portions of the
Project shall be payable to the extent services are performed on those portions, m accordance
with the schedule set forth in Subparagraph 10 2 2 based on (1) the lowest bona fide bid or (2) if
no such bld or proposal is received, the most recent preliminary estimate of Construction Cost or
detailed estimate of Construction Cost for such portions of the Project
9.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
9.4.1 Payments on account of the Arctutect's AddiUonal Services and for Reimbursable
Expenses shall be made monthly upon presentation of the Architect's statement of services
rendered or expenses incurred
9.5 PAYMENTS WITHHELD
9.5.1 No deductions shall be made from the Architect's compensation on account of
penalty, liquidated damages or other sums withheld from payments to contractors, or on account
of the cost of changes in the Work other than those for which the Architect is responsible
9.6 ARCHITECT'S ACCOUNTING RECORDS
9.6.1 Architect shall make available to Owner or Owner's authorized representative
records of Reimbursable Expenses and expenses pertaining to Additional Services and services
performed on the basis of a multiple of Direct Personnel Expense for inspection and copying
dunng regular business hours for three years after the date of the final Certificate of Payment, or
until any litigation related to the Project is final, whichever date is later
ARTICLE 10
BASIS OF COMPENSATION
The Owner shall compensate the Architect as follows
10.1 BASIC COMPENSATION
10.L1 FOR BASIC SERVICES, as described in Article 2, and any other services included
in Article 11 as part of Basic Services, Basic Compensation shall be as described in Exhd: t' r,,
10.2 COMPENSATION FOR ADDITIONAL SERVICES
10.2.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described
m Paragraph 3 2, compensation shall be computed as follows
10.2.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Articles 3
and 1 1, other than (1) Additional Project Representation, as described in Paragraph 3 2, and (2)
Agreement for Architectural Services - Page 10 of 12 905~
services included tn Article 11 as part of Additional Services, but excluding services of
consultants, compensation shall be computed as according to the attached schedule of hourly
rates, refer to Schedule "C"
10.2.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional
structural, mechanical and electrical eng~neenng services and those provided under
Subparagraph 3 3 10 or identified tn Article 11 as part of AddlUonal Services, a multiple of I 1
times the mounts billed to the Architect for such services
10.3 REIMBURSABLE EXPENSES
10.3.1 FOR REIMBURSABLE EXPENSES, as described tn Paragraph 9 2, and any other
items included tn Article 11 as Reimbursable Expenses, a multiple of I 1 times the expenses
mcurred by the Architect, the Architect's employees and consultants tn the mterest of the Project
10.4 ADDITIONAL PROVISIONS
10.4.1 IF THE BASIC SERVICES covered by ttus agreement have not been completed
w~thm slx months of the date of exeeuUon hereof, through no fault of the Amlutect, extension of
the Architect's services beyond that t~me shall be compensated as provided in Subparagraphs
932and 1022
10.4.2 Payments are due and payable forty-five (45) days from the date of the Architect's
invoice Amounts for services properly performed which remain unpmd sixty (60) days after the
invoice date shall bear mterest at the rate of one (1%) percent per month
ARTICLE 11
OTHER CONDITIONS OR SERVICES
11.1 Architect shall maintain, at no expense to Owner, a professional habthty (errors and
omissions) insurance pohcy placed with a company rated at least B+/X by Best's Key Rating
Grade, authorized to do business tn Texas, tn an amount not less than two mtlhon dollars
($2,000,000) Such pohcy shall name the Owner as addlUonal insured and shall reqmre the
giving of written notice to Owner at least tlurty days prior to cancellauon, non-renewal or
material modification of any pohcles, ewdenced by return receipt of Umted States Cer~ffied
Mini Architect shall furnish Owner with copies of smd pohctes or certfficates evtdencmg such
coverage
11.2 Architect agrees to mdenmlfy, hold harmless, and defend the City, at Architect's cost,
as officers, agents, and employees from and against any and all clmms or stats for tn. lurles, dam-
ages, loss, or habthty of whatever kind or character, arising out of or tn connection with the
performance by the Architect of those services contemplated by this Agreement, based upon
allegations of neghgent acts or omissions of Architect, Its officers, agents, employees, consul-
rants and subcontractors
Agreement for Architectural Servmes - Page 11 of 12 00~
This Agreement entered into as of the day and year first written above
CITY OF DENTON, TEXAS SCHRICKEL, ROLLINS AND Assoc
OWNER ARCHITECT
EULINE BROCK, MAYOR TOR~' BAX~['( PRES
/
Agreement for Architectural Services - Page 12 of 12 905~
Exhibit "A"
SCOPE OF SERVICES
AQUATIC CENTER
City of Denton, Texas
Project T~tle Aquatic Center
ProJect Location North Loop 288 at FM 428 (Sherman Drive)
Northwest Corner
Denton, Texas
Project Intent
The overall obJect,ye ~s to develop a conceptual plan for a 25-yard natatonum w~th
leisure play elements and an outdoor famdy-onented leisure pool, along with
support faclht~es to meet the aquatic needs of the commumty and school d~stnct
users In addition, a bus~ness/management plan wdl be developed to guide
marketing, expenditure & revenue budgets, facd~ty operation and program
development
Th~s project ~s funded jointly between the C~ty of Denton and the Denton
Independent School D~stnct
The Consultant wdl work closely w~th C~ty of Denton and the Denton Independent
School D~stnct throughout the process
Total ProJect Budget $7 5 mdhon
Program Elements
A General The Owner estabhshed the program elements as an optimum balance of
needs expressed by the c~t~zens of Denton and staff The Owner ~s aware that the
program elements may change through the design process
However, ~t ~s the r~ r's intent that the Consultant has the flex,briery and
creat~wty to prowde ~y of the program elements as possible The Owner shall
cooperate w~th the Conoultant to achieve a final program based on conceptual
design that meets the proJect budget
Exhibit 'A'
9os, Page 1
BProposed Elements
1 Indoors
· Competitive 25 yard swimming pool
· Wheel chair access to pool for therapeutJc activities
· D~wng well/warm-up pool, separated from competitive pool
· Spectator seating
· Leisure play elements, targeted at famd~es young chddren
· Lounge seating
2 Outdoors
· Multiple water play elements, including (but not hm~ted to) lazy river,
multiple shdes, ~nteract~ve water play structures and oblects, shallow-
depth pools
· Park-hke setting w~th large plaza(s), open and sheltered p~cn~c
areas/seating areas, turf and/or sand "benches" for lounging, mght
activity hghtmg, sound amphflcat~on system, landscaping
3 Support · Staffing stations/control centers that are located to permit centrahzed
management of both the Indoor and Outdoor spaces
· Secured offices for C~ty and DISD personnel, w~th full data and phone
commumcat~ons capabd~ty
· Classroom
· Restrooms/Iocker rooms, showers, changing areas and concession
stations to serve customers ~n Indoor and Outdoor spaces
· Parkm~ landscaping
· Maintenance, storage
4 Other Des~_en Considerations · Chmate-controlled indoors
· Reven ue/profit-onented
· Upscale design, must meet or exceed the community's emergm§
Design standards
· Modular design to permit future expansion/change-out of outdoor
elements
Design ~:~,~ cope of Services
A Prowde services for the project including
1 Concept development and concept design
2 Prehmmary construction cost estimate
Exhibit "A"
Page 2
3 Business/management/marketing plan
(Subconsultant for marketing plan shall be selected by the C~ty )
4 The Consultant may be required to attend two (2) Parks and Recreabon
Board meetings, two (2) CRy Councd meetings, and two (2) School Board
meetings
5 The Pool Design subconsultant shall attend 3 meetings w~th staff and/or
pubhc If attendance at addnbonal meetings ~s required, the subconsultant's
hourly rate labor charges and travel expenses shall be prowded and
compensated as Additional Services
B Schedule of Completion
· C~ty Council award consultant contract September 25, 2000
· Commencement of consultant contract September 26, 2000
· Staff Workshop September 27-28, 2000
· Public Input Meeting October 19, 2000
· Concept Presentation to Staff November 1, 2000
· Concept Presentation to Park Board November 9, 2000
· Joint Meeting with C~ty Councd& School Board November 16, 2000
Exhibit "A"
9os, Page 3
Exhibit "B'
COMPENSATION SCHEDULE
AQUATIC CENTER
City of Denton, Texas
A BASIC SERVICES
(1) Concept Development and Schematic Design $ 65,000
(2) Prehm~nary Construction Cost Estimate $ 5,000
(3) Busmess/Management~Marketmg Plan $ 27,500
(4) Total Basic Services $ 97,500
B REIMBURSABLE EXPENSES
(1) Reproduction expenses for drawings, or
documents for d~stnbut~on to C~ty staff, C~ty
Councd, etc "Camera ready" ong~nal pnnts of
all documents wdl be supphed as a part of Basic
Serwces
Allowance (not to exceed) $ 4,000
(2) Artist's Rendenng of Schematic Design
Allowance (not to exceed) $ 5,000
(3) Travel Expenses, room and board, etc
Allowance (not to exceed) $ 5,000
(4) Total Reimbursable Expenses $ 14,000
C ADDITIONAL SERVICES
(1) Attendance at additional meetings by Pool
Design subconsultant, per d~em
(Travel expenses not included ) $1,000 a day
Exhibit "B"
9os, Page 1
EXHIBIT "C"
SCHEDULE OF CHARGES - 2000
BILLABLE SALARY RATE & EXPENSE CHARGES
RANGE OF BILLABLE SALARY RATE
CLASSIFICAT~ON LOW HIGH
PRINCIPAL $125 $14S
ASSOCIATE 86 120
SENIOR ENGINEER 102 11S
ENGINEER III 88 100
ENGINEER II 65 88
ENGtNEER I 55 65
DESIGNER/ENGINEER IN TRAINING 50 65
SENIOR LANDSCAPE ARCHITECT 90 115
LANDSCAPE ARCHITECT III 65 go
LANDSCAPE ARCHITECT II 55 85
LANDSCAPE ARCHITECT I 50 60
DESIGNER 43 60
SENIOR PLANNER 90 120
PLANNER 7S 100
ARCHITECT 80 95
DESIGNER 70 90
SURVEY COORDINATOR 60 80
SENIOR ENGINEERING TECHNICIAN 55 68
ENGINEERING TECHNICIAN 50 68
PLANNING TEC, H NIC~AN 48 66
PRODUCTION COORDINATOR 70 95
CAD OPERATOR/DRAFTER III 55 70
CAD OPERATOR/DRAFTER II 45 58
CAD OPERATOR/DRAFTER I 35 50
SENIOR SECRETARY 45 70
SECRETARY/WORD PROCESSOR 35 48
CLERK 27 40
OTHER S[~VICES Imvmced at rate shownl
Four Man F~eld Party $102/hour
Three Man Field Party g2/hour
PRINTING SERVICES 0n house) COMPUTER PLOITING SERVICES (m house)
BLACK INK ON COLOR ON MYLAR FILM
SQ FT PER ORDER SLUE LIN~ MYLAR SIZE BOND/VELLUM 8OND/VELLUM OF INK PLOT
PRICE VARIES ACCORDING TO SIZE OF ORDER up to 11 "xl 7 $10 50 $13 O0 $13 50
24 x36 11 00 15 50 21 O0
6 $3 70 $10 00 30 x42 12 50 22 O0 27 O0
oversize add 2 50/SF 3 50/SF 4 SO/SF
100 25 71 139 00
101 200 0 18/S F 1 30/SF
201 300 014/SF 1 25/SF
301 1000 0 13/S F 1 20/S F
1001 up 011SF 1 15/SF
OTHER DIRECT EXPENSES
O0 qRA I
Agenda No__~~
Agenda Item //,~
AGENDA INFORMATION SHEET
AGENDA DATE: September 26, 2000 Questions concermng this
acquisition may be directed
DEPARTMENT: Matenals Management to Cary Tower 349-8424
ACM' Kathy DuBose, Fiscal and Mummpal Services~
SUB,]'ECT:
An Ordmance of the City of Denton authorizing the C~ty Manager or his designee to execute a
purchase order with the Houston-Galveston Area Council of Government (HGAC) for the
acquisition ora sewer flusbang truck by way of an Interlocal Agreement with the City of Denton,
anthonzang the expenditure of funds therefore, and providing an effective date (Purchase Order
07554 to H(}AC/Underground Inc, in the award of $78,425 52)
PURCHASE ORDER INFORMATION:
This purchase order is for the acquisition of a lugh-pressure sewer flushing unit mounted on a
2000, 18,000 Lb (}VW (}MC Chassis This umt replaces a similar unit totaled m a vehicle
accident The old unit a 1992 model was scheduled for replacement in the 2000-2001-budget
process Thts truck ts used to mmntam proper operation of sewer collectIon lines throughout the
City
RECOMMENDATION:
We recommend purchase order 07554 to H-GAC be approved m the amount of $78,425 52
PRINCIPAL PLACE OF BUSINESS:
H-GAC Underground Inc
Houston, TX Pearland, TX
ESTIMATED SCHEDULE OF PROJECT:
Dehve~ of the new flustung truck can be accomplished by Mid-November 2000
FISCAL INFORMATION:
Funding for tbas replacement umt will come from Rask Retention fund account (740-004-0025-
8946) The Pdsk Retention fund will be reimbursed as soon as 2000-2001 Motor Pool
Replacement funds are avatlable
Agenda Informatton Sheet
September 26, 2000
Page 2
Respectfully submitted
Tom Shaw, C P M, 349-7100
Purchasing Agent
Attachment 1 Purchase Order 07554 to H-GAC
Attachment 2 H-GAC Price Quotation
1442 Agenda
ATTACHMENT 2
UNDERGROUND, INC
JERRY SONNIER
FACSIMILE TRANSMITTAL SHEET
TO FROM
lC Towers Jerry Sonmer
COMPANY DATE
City of Denton, Texas 8/1/00
FAX NUMBER. TOTAL NO OF PAGES INCLUDING COVER.
940-349-8434 4
940-349-8424 Denton
CONFIDE~ 1
[] URGENT [] FOR REVIEW [] PLEASE COMMENT [] PLEASE REPLY ~ [] PLEASE RECYCLE
Follows are Hgac Price Sheets for tho P~pehu~gr Model ~6834TM Sewer Cleaner mounted on a GMC
W5500 series cab-ovex track Ths quotatson includes sluppmg to Ctty of Denton, 'IX
Please call me vath your required dohve~y and I var check the produc'oon schedule All allowable
warranty work vail be performed at the City of Denton
I look forward to hcanng from you
214.793-1400 (ph
214.668-9192 (ph
281485-5953 (Fax
msonmer~aol eom (emafl)
Jeny Sonmer
Un~rground, Inc
18211 KELLY BLVD DALLAS TX 75287
H-GAC PRODUCT PRICING BASED ON CONTRACT
The fo#owing detalM MUST be provlded w#h any purchase order#om and End User to H-GAC
lEnd User Agen IClTY OF DENTON IDate Prepared by Contractor 7/31/00I
IProduct Desqnption 3541 TM JET RODDER
IA Base Price in Bid/Proposal Number 8C99-01 ISenes E I $ 33,960 00 I
B Published Options(Item/ze Be/ow)
SPRAY BAR $1,680 00 ARTICULATING 800' $ 4,100 00
STROBE LIGHT MOUNTED $ 246 00 600 GALLON TANK $ 1,680 00
WORK LIGHT $ 125 00 200' EXTRA HOSE $ 486 00
PANEL LIGHT $ 65 00 WINTER REClRCULATION $ 225 00
ARROWSTICK $ 695 00 PUMP PULSATION $ 695 00
LEVEL WIND W/COUNTER $ 473 00 ALUMINUM PACKAGE $ 650 00
LATERAL LINE KIT MOUNTED $1 t075 00 AIR PURGE $ 185 00
100' OF 1/2" HOSE Extre(200TOTAL) $ 219 00 15 DEGREE NOZZLE $ 49 50
Subtotal Column 1 I $4~578 00 ISubtotal Column 2 I $8,070 50
Pubhshed Options added to Base Price(Subtotal of"Col 1" & "Col 2") $121648 50
C Subtotal of A + B $ 46,608 50
Unpublished Optlons(/tem/ze be/ow) Unpublished = %
NOTE Unpublished Options ca not be use to create another model
3/4" GRENADE NOZZLE $ 334 00
314" ROTATOR NOZZLE $ 489 00
ISubtotal Column 1 I $ I ISubtotal Column 2
I Unpubhshed Options added to Base pnce (Subtotel "Col '1 + Col 2")
E ContractPnceAd~ustment(Ifany~explelnhere)
IF Total of C + D +/- E (Not including H-GAC fee)
IG Quanbty ordered Units 1 x F
IH H-GAC Administrative Fee (From fee schedules), Table 1 65 %
Non-Eqml~ment Cha_.rg~e,~ & Cred/ts (I e Ext Warrenty~ Tracle-ln, Dehvery~ etc )
IJ TOTAL PURCHASE PRICE INCLUDING (G+H+I)
lend User Agency Cl~ OF DE~ON IDete pm~ b~ C.,,~i~ 0~112~0~
~P~ De~H~on GMC 031003
B Pu~h~ 0~ons<~m=e Be~w) , $
W48~A/17~g~0 G~ $ 4~g,00
AIR OONDITIONI~ $1~272
ISu~Mal Column 1. I $6,t85 ~'l lauM&l Column i I*I
Ic summ,mo;A+B . . I~2e,ea5°ol
m
ID U~bl~ O~(~e ~w) Un~t~ = ,
I NO~: Ue-"~'ehed O~o~s cann~ be ussd to em~ mn~r modM,
ISu~ml commn ~ t $ ~ o0 I
E, Contm~ Pd~e Adjustment (If~y~ ex~
~F TMal of O + O +1- E (~t I~l~ H-GAC
~G Qua~y O~ered Units
~H ,~GAC Administrative Fee (Fmm ~e
[' No'Equl"ment Char'es & Cmdi' (~e Ext W~:r' T~4n' ~ e~ ) ~'
ORDINANCE NO
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZiNG THE CITY
MANA(3ER OR HIS DESIONEE TO EXECUTE A PURCHASE ORDER 'filTH THE
HOUSTON-GALVESTON AREA COUNCIL OF OOVERNMENT (HOAC) FOR THE
ACQUISITION OF A SEWER FLUSHING TRUCK BY WAY OF AN INTERLOCAL
AGREEMENT WITH THE CITY OF DENTON, AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE
DATE (PURCHASE ORDER 07554 TO HGAC/UNDERGROUND INC, IN THE
AWARD OF $78,425 52)
WHEREAS, pursuant to Ordinance 95-107, the Houston-Galveston Council Area
of Government (H-GAC) has solicited, received, and tabulated competxtlve bids for the
purchase of necessary materials, eqmpment, supphes, or services in accordance with the
procedures of state law on behalf of the City of Denton, and
WHEREAS, the Cxty Manager or a designated employee has rewewed and
recommended that the herein described materials, eqmpment, supplies, or serwces can be
purchased by the Cxty through the Houston-Galveston Area Council of Government (H-
GAC) programs at less cost than the City would expend if bidding these items
individually, and
WHEREAS, the City Council has provided in the City Budget for the
appropnatxon of funds to be used for the purchase of the materials, equipment, supphes,
or services approved and accepted hereto, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the numbered xtems In the following numbered purchase
order for materials, equipment, supplies, or services, shown in the "Purchase Orders"
referenced hereto and on file m office of the Purchasing Agem, are hereby accepted and
approved as bemg the lowest responsible bids for such items
PURCHASE
ORDER VENDOR AMOUNT
07554 H-GAC $78,425 52
SECTION II That by the acceptance and approval of the above numbered items
set forth in the referenced purchase orders, the City accepts the offer of the persons
submitting the bids to the H-GAC for such items and agrees to purchase the materials,
eqmpment, supphes, or services ~n accordance with the terms, conditions, specifications,
standards, quantities and for the spemfied sums contained in the bid documents and
related documents filed with the H-GAC, and the purchase orders issued by the C~ty
SECTION III That should the City and persons submitting approved and
accepted items set forth m the referenced purchase orders wish to enter into a formal
written agreement as a result of the Ctty's ratification of Nds awarded by the H-GAC, the
City Manager or hts designated representative is hereby authorized to execute the written
contract wNch shall be attached hereto, prowded that the written contract is in
accordance w~th the terms, conditions, spemficatlons and standards contained in the
Proposal submitted to the H-GAC, quantttles and specified sums contained ~n the City's
purchase orders, and related documents herein approved and accepted
SECTION IV That by the acceptance and approval of the above numbered items
set forth ~n the referenced purchase orders, the City Council hereby authorizes the
expenditure of funds therefor in the amount and tn accordance with the approval purchase
orders or pursuant to a written contract made pursuant thereto as authorized herein
SECTION V That this ordinance shall become effective ~mmedmtely upon its
passage and approval
PASSED AND APPROVED this day of ,2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
07554 HGAC INTERLOCAL COOPERATIVE PURCHASING ORDINANCE (9-00)
~Xgenda Item
AGENDA INFORMATION SHEET
AGENDA DATE: September 26, 2000 Questions concermng this
acquisition may be directed
DEPARTMENT: Materials Management to Bruce Hemngton 349-7200
ACM: Kathy DuBose, Fiscal and Municipal Servmes~
SUBJECT:
An Ordinance accepting competitive bids and awarding a contract for Jamtonal Services,
providing for the expenditure of funds therefore, and providing an effective date (Bid 2552 -
Janitorial Serwces awarded to One Source Facility Services, Inc in the amount of $294,431 00)
BID INFORMATION:
Tlus bid ~s for the annual contract for Jamtonal Services for all major City of Denton public
bml&ngs, including City Hall West, City Hall East, Municipal Building, both Libraries, Owsley
Police Conunun~ty office, Facilities Management offices, Service Center, Fleet Servmes,
Recreation Centers, Animal Control and Traffic Control The bid includes all routine custodial
services and supplies as well as peno&c carpet cleaning
RECOMMENDATION'
We recommend this bid be awarded to the lowest responsible bidder, One Source Facility
Services, Inc in the total amount of $294,431
PRINCIPAL PLACE OF BUSINESS:
One Source Facility Services, Inc
Dallas, TX
ESTIMATED.SCHEDULE OF PROJECT:
This annual contract will go into effect on October l, 2000 and run through September 30, 2001
with an option to renew for two additional 1-year penods
FISCAL INFORMATION:
Funding for tlus service is nvmlable in the Facilities Management 2000-2001 fiscal budget
account (100-032-0002-8502)
Respectfully submitted
Tom Shaw, C P M, 349-7100
Purchasing Agent
Attachment 1 Tabulation Sheet
ORDINANCE NO
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
JANITORIAL SERVICES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE,
AND PROVIDING AN EFFECTIVE DATE (BID 2552 - JANITORIAL SERVICES AWARDED
TO ONE SOURCE FACILITY SERVICES, INC IN THE AMOUT OF $294,431 00)
WHEREAS, the City has sohc~ted, received and tabulated competmve bids for the purchase
of necessary materials, eqmpment, supphes or services m accordance w~th the procedures of STATE
law and Ctty orthnances, and
WHEREAS, the City Manager or a designated employee has rewewed and recommended
that the heroin described b~ds are the lowest responsible b~ds for the materials, eqmpment, supphes
or serwces as shown m the "B~d Proposals" submitted therefore, and
WHEREAS, the City Councd has prowded m the City Budget for the appropriation of funds
to be used for the purchase of the materials, eqmpment, supphes or services approved and accepted
here~n, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the numbered items m the following numbered b~ds for materials,
eqmpment, supphes, or services, shown in the "Bid Proposals" on file in the office of the C~ty
Purchasing Agent, are hereby accepted and approved as being the lowest responstble b~ds for such
items
BID VENDOR AMOUNT
2552 One Source Facility Serwces, Inc $294,431 00
SECTION I! That by the acceptance and approval of the above numbered ~tems of the
submitted btds, the City accepts the offer of the persons submitting the bids for such items and
agrees to purchase the materials, eqmpment, supplies or services m accordance w~th the terms,
spaclficaUons, standards, quantmes and for the specffied sums contmned in the Bid Inwtat~ons, Bid
Proposals, and related documents
SECTION III That should the Caty and persons submitting approved and accepted items and
of the submitted b~ds w~sh to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the C~ty Manager or h~s designated representaUve is hereby
authorized to execute the written contract which shall be attached hereto, provided that the written
contract is m accordance with the terms, condmons, spemficatlons, standards, quantlUes and
specified sums conttuned m the B~d Proposal and related documents heretn approved and accepted
SECTION IV That by the acceptance and approval of the above numbered items of the
submitted b~ds, the City Cotmml hereby authorizes the expenditure of funds therefor m the amount
and in accordance with the approved b~ds or pursuant to a written contract made pursuant thereto as
authorized hereto
~ That this ordinance shall become effective ~mmedmtely upon ~ts passage and
approval
PASSED AND APPROVED flus day of ,2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
SUPPLY oRDINANCE 2000 - BID 2552
AGENDA INFORMATION SHEET
AGENDA DATE: September 26, 2000 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Jim Coulter 349-7194
ACM: Kathy DuBose, Fiscal and Municipal Services~
SUBJECT:
An Ordinance accepting compeUtlve bids and awarding a contract for the purchase of a
Biochemical Oxygen Demand (BOD) Workstation, providing for the expenditure of funds
therefore, and providing an effective date (Bid 2556 - Biochemical Oxygen Demand System
awarded to Labtromcs, Inc in the mount of $28,529)
BID INFORMATION:
TI'ns bid is for the purchase of a Biochemical Oxygen Demand Workstation This system ~s a
computerized testing and robotic automation workstatmn BOD analysis is required dmly on
wastewater effluent for the City of Denton discharge permits from the Environmental Protection
Agency and the Texas Natural Resources Conservation Commzsslon These test are also
preformed in the mdusmal momtonng and compliant sampling in the city The EPA storm water
regulations will require a sigmficant increase m the number of BOD samples that will have to be
analyzed The proposed workstation will automate routine BOD analysis and give lugh sample
through put and reproducible results with mlmmum operator lnterventmn
PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISIONS)'
The Public Utility Board is scheduled to consider tlus proposal on September 18, 2000
RECOMMENDATION:
We recommend tlus bid be awarded to the sole respondent, Labtromcs, Inc in the amount of
$28,529
PRINCIPAL PLACE OF BUSINESS:
Labtromcs, Inc
Guelph Ontario, Canada
ESTIMATED SCHEDULE OF PROJECT:
Sl~pment will be witban 14 days after reeelpt of a purchase order with installation completed in
two days following dehveD'
Agenda Information Sheet
September 26, 2000
Page 2
FISCAL INFORMATION:
This workstation w~ll be funded from 1999/2000-budget amount (625-082-0481-9103)
Respectfully submitted
Tom Shaw, C P M, 349-7100
Purchasing Agent
Attachment 1 Tabulation Sheet
1444 Agenda
ATTACHMENT t
TABULATION SHEET
B~d # 2556 Date 8/17/00
BIOCHEMICAL OXYGEN
~ ~,.~l , DESCRIPTION VENDOR VENDOR
~ Labtromcs, Inc Zymark Corp
Principal Place of Business Guelph, Ontario Hopk~nton, MA
1 TOTAL BASE BID $28,529 00 NO BID
BOD Basic System Manual a~.d software tray
A keyboard wedge, extension leg assembly wash $20,354 00
interface for YS! probe BOD Bottle racks 300 mi (10)
BOD Dilution wtth Seed Apparatus Manual and
B software flllutlonpump dilution wash reservoir $3,000 00
accessory kit seed pump
C INSTALLATION & TRAINING $4,725 00
D SHIPPING COST $450 00
ORDINANCE NO
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF A BIOCHEMICAL OXYGEN DEMAND (BCD) WORKSTATION,
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN
EFFECTIVE DATE (BID 2556 -BIOCHEMICAL OXYGEN DEMAND SYSTEM AWARDED
TO LABTRONICS, INC IN THE AMOLrNT OF $28,529)
WHEREAS, the City has sohmted, received and tabulated competitive b~ds for the purchase
of necessary materials, eqmpment, supphes or services m accordance with the procedures of STATE
law and City ordinances, and
WHEREAS, the C~ty Manager or a designated employee has rewewed and recommended
that the hereto described b~ds are the lowest responsible b~ds for the materials, eqmpment, supphes
or serwces as shown ~n the "Bid Proposals" submitted therefore, and
WHEREAS, the City Council has provided m the C~ty Budget for the appropriation of funds
to be used for the purchase of the materials, eqmpment, supphes or services approved and accepted
here~n, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the numbered ~tems m the following numbered b~ds for materials,
equipment, supphes, or services, shown ~n the "B~d Proposals" on file ~n the office of the City
Purchasing Agent, are hereby accepted and approved as being the lowest responsible btds for such
items
BID VENDOR AMOUNT
2556 Labtromcs, Inc $28,529
SECTION II That by the acceptance and approval of the above numbered ~tems of the
submitted bids, the Cay accepts the offer of the persons submitting the b~ds for such ~tems and
agrees to purchase the materials, eqmpment, supphes or services ~n accordance w~th the terms,
specfficat~ons, standards, quantities and for the specffied sums contmned in the B~d Invitations, Bid
Proposals, and related documents
SECTION III That should the C~ty and persons submitting appro~ "1 and accepted ~tems and
of the submitted b~ds wish to enter ~nto a formal written agreement a~ ,~ ,sult of the acceptance,
approval, and awarding of the b~ds, the City Manager or h~s designated representative ~s hereby
authorized to execute the written contract which shall be attached hereto, prowded that the written
contract ~s m accordance w~th the terms, conditions, spemficat~ons, standards, quantmes and
specffied sums contmned ~n the B~d Proposal and related documents here~n approved and accepted
SECTION IV That by the acceptance and approval of the above numbered ~tems of the
submitted b~ds, the C~ty Council hereby authorizes the expenditure of funds therefor ~n the amount
and ~n accordance with the approved b~ds or pursuant to a wmten contract made pursuant thereto as
authorized here~n
SECTION V That th~s ordinance shall become effecttve ~mmed~ately upon ~ts passage and
approval
PASSED AND APPROVED th~s day of ., 2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
SUPPLY ORDINANCE 2000- BID 2556
'
AGENDA INFORMATION SHEET
AGENDA DATE: September 26, 2000 Questaons concermng th~s
acqulsmon my be d~rected
DEPARTMENT. Materials Management to Ray Wells 349-7108
ACM: Kathy DuBose, Fiscal and Munaclpal Services ~
SUBJECT:
An Ordanance accepting competitive bads and awarding a contract for the purchase of steel
structures and equipment for Pockrus Substataon, providang for the expenditure of funds
therefore, and providang an effective date (Bid 2559 - Pockrus Substation Steel Structure
material and equapment awarded to Utahserve Hagh Voltage Group an the amount of $88,498)
BID INFORMATION:
Thas bid as for the purchase of steel structure, materials and equapment for expansion of the
Pockrus Substation The list includes a 138KV swatch pre-assembled and adjusted, earcuat
switcher stand, 10 station post insulators and all related items and materials such as bus, jumpers,
termanals, fittings, adapters, grounding terminals, supports and other hardware necessary for
connecUng all equipment Tlus roll allow for an addauonal 25 MVA transformer to provide four
addauonal flasmbuuon circuits The station currently consast of two 25 MVA transformers
PRIOR ACTION/VIEW (COUNCIL~ BOARDS~ COMMISIONS):
The Publac Utflaty Board wall consider flus proposal on September 18, 2000
RECOMMENDATION:
We recommend this bid be awarded to the lowest responsable badder, Utflaserve Hagh Voltage
Group an the amount of $88,498
PRINCIPAL PLACE OF BUSINESS:
Uulaserve High Voltage Group
Connth, TX
ESTIMATED SCHEDULE OF PROJECT:
Delavery of all items can be completed in approximately 98 days or the second week an January
2001
Agenda Information Sheet
September 26, 2000
Page 2
FISCAL INFORMATION
Funding for this project is avtulable from 2000 Electric Revenue Bond account (654-080-RB00-
3620-9217-CO60105B)
Respectfully subrmtted
Tom Shaw, Q P M, 349-7100
Purchasing Agent
Attachment 1 Tabulation / Evaluataon Sheet
ATTACHMENT 1
ORDINANCE NO
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF STEEL STRUCTURES AND EQUIPMENT FOR POCKRUS
SUBSTATION, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, A_ND
PROVIDING AN EFFECTIVE DATE (BID 2559 - POCKRUS SUBSTATION STEEL
STRUCTURE MATERIAL AND EQUIPMENT AWARDED TO UTILISERVE HIGH VOLTAGE
GROUP IN THE AMOUNT OF $88,498)
WHEREAS, the City has sohclted, recemved and tabulated competitive brads for the purchase
of necessary materials, equipment, supphes or services m accordance wroth 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 bids are the lowest responsible bids for the materials, equmpment, supplies
or services as shown m the "Bid Proposals" subnutted therefore, and
WHEREAS, the City Council has provmded m the Cmty Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or servmes approved and accepted
herein, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the numbered items m the following numbered bids for materials,
eqmpment, supplies, or services, shown in the "Bid Proposals" on file mn the office of the City
Purchasmng Agent, are hereby accepted and approved as bemg the lowest responsible brads for such
items
BID VENDOR AMOUNT
2559 Utdlserve High Voltage Group $ 88,498
SECTION II That by the acceptance and approval of the above numbered totems of the
submmtted bids, the City accepts the offer of the persons submitting the bids for such ~tems and
agrees to purchase the materials, equipment, supplies or servmes in accordance with the terms,
specifications, standards, quanmles and for the specified sums contmned ~n the Brad Invltatmons, Bid
Proposals, and related documents
SECTION III That should the City and persons subm~ttmng approved and accepted ~tems and
of the submitted bids wmh to enter into a formal wmten agreement as a result of the acceptance,
approval, and awarding of the brads, the C~ty Manager or hms desmgnated representaUve ~s hereby
authorized to execute the written contract wluch shall be attached hereto, promded that the written
contract is mn accordance with the terms, condmons, specfficaUons, standards, quanUtmes and
specmfied sums contmned mn the Brad Proposal and related documents here~n approved and accepted
SECTION IV That by the acceptance and approval of the above numbered items of the
submitted bids, the City Council hereby authorizes the expenditure of funds therefor m the amount
and m accordance w~th the approved bids or pursuant to a wntten contract made pursuant thereto as
authorized hereto
SECTION V That this ordinance shall become effective ~mmed~ately upon ~ts passage and
approval
PASSED AND APPROVED th~s __ day of ,2000
EULINEBROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
SUPPLY ORDINANCE 2000 - BID 2559
~Denda Item~ ~
AGENDA INFORMATION SHEET ~Jate~-
AGENDA DATE: September 26, 2000 Questions concerning this
acquisition may be chrected
DEPARTMENT: Materials Management to Pay Wells 349-7108
ACM: Kathy DuBose, Fiscal and Municipal Services ~
SUBJECT:
An Ordinance accepting competitive bids and awarding a contract for the purchase of
miscellaneous matenal for reconstruction of the Denton North to North Lakes 69KV
Transmission Line, pmvlchn$ for the expenditure of funds therefore, and providing an effective
date (Bid 2566 - 138KV Pole Hardware and Crossarms, awarded as listed below in the amount
of $81,314)
BID INFORMATION:
This Public Utilnies Board and City Council have approved purchase of steel poles and the
cons~ruction contract for reconstruction of the Denton North to North Lakes transmission line
The construction contract was structured for Denton Municipal Electric to provide all material
for this project It is necessary to purchase the material that is not normally carried in City of
Denton warehouse stock The material items being purchased are catalog items that were
selected to meet the requirements of the physical and electrical design
As a reminder, the Denton North to North Lakes transmission line reconstruction project was
developed as pan of the plan for improvement of the 69 KV transmission system The project
will increase the capacity of the line from 77 megawatts to 129 megawatls It will solve potential
senous overload problems and bring the performance of the line to compliance with ERCOT
planning cnlena
PRIOR ACTIONNIEW {COUNCIL~ BOARDS~ COMMISIONS).
The Public UUhty Board will consider this recommendation on September 18, 2000
RECOMMENDATION:
We recommend this bid be awarded to the lowest responsible bidder meeting specifications as
hsted below
SUPPLIER ITEMS TOTAL
1 Power Substations, Inc 26, 40 $ 2,411 00
2 Smart C Irby Supply 1,4,10,14,43,44,47 $ 561 85
3 Clark Substations 6,7,8,11,12 $ 319 60
4 Techhne, Inc 9,13,15,21-23,27-29,31,
33,35,36,46,49 $58,664 05
5 Cummins Utility Supply 3,5,34,37,41,42,48 $ 7,351 74
6 Wesco 2,16,17,25,30,34,38,39,45 $12,005 44
TOTAL EXPENDITURE $81,318 68
Agenda Information Sheet
September 26, 2000
Page 2
PRINCIPAL PLACE OF BUSINESS'
Power Substations, Inc Cleveland, OH
Stuart C Irby Supply Shreveport, LA
Clark Substatmns Helena, AR
Techhne, Ine Ft Worth, TX
Cummins Utility Supply Ft Worth, TX
Wesco Haltom C~ty, TX
ESTIMATED SCHEDULE OF PROJECT
All materials are scheduled to be sh~pped complete by mtd-October 2000 wtth project
completmn by February 2001
FISCAL 'INFORMATION
Th~s acqmsmon of pole hardware will be funded from 2000 Revenue Bond account (654-080-
RB00-3550-9214-CO26048)
Respectfully submitted
Tom Shaw, ~ P M, 349-7100
Purchasing Agent
Attachment 1 Tabulation Sheet
1448 Agonda
ATTACHMENT ±
ORDINANCE NO
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF MISCELLANEOUS MATERIAL FOR RECONSTRUCTION OF THE
DENTON NORTH TO NORTH LAKES 69KV TRANSMISSION LINE, PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID
2566 - 138KV POLE HARDWARE AND CROSSARMS, AWARDED AS LISTED BELOW IN
THE AMOUNT OF $81,314)
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, eqmpment, supphes 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 bids are the lowest responsible Nds for the materials, equipment, supplies
or services as shown In the "Bid Proposals" submitted therefore, and
WHEREAS, the City Council has prowded in the City Budget for the appropriation of funds
to be used for the purchase of the materials, eqmpment, supplies or services approved and accepted
herein, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the numbered items in the following numbered bids for materials,
equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City
Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such
items
BID VENDOR AMOUNT
2566 Power Substations, Inc $ 2,411 00
2566 Stuart C Irby Supply $ 561 85
2566 Clark Substations $ 319 60
2566 Techline, Inc $ 58,664 05
2566 Cummins Utility Supply $ 7,351 74
2566 Wesco $12,005 44
SECTION II That by the acceptance and approval of the above numbered Items of the
submitted bids, the City accepts the offer of the persons submitting the bids for such items and
agrees to purchase the materials, eqmpment, supplies or services m accordance w~th the terms,
specifications, standards, quantities and for the specified sums contained m the Bid Invitations, B~d
Proposals, and related documents
SECTION III That should the City and persons submitt~ng approved and accepted xtems and
of the submitted b~ds w~sh to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the City Manager or h~s designated representative ~s hereby
authorized to execute the written contract which shall be attached hereto, provided that the written
contract ~s in accordance w~th the terms, condmons, spec~ficaUons, standards, quantmes and
specified sums contaxned in the Bid Proposal and related documents here~n approved and accepted
SECTION IV That by the acceptance and approval of the above numbered ~tems of the
submated b~ds, the C~ty Council hereby authorizes the expendaure of funds therefor ~n the amount
and tn accordance with the approved bids or pursuant to a written contract made pursuant thereto as
authorized herein
SECTION V That th~s ordinance shall become effective ~mmedlately upon its passage and
approval
PASSED AND APPROVED th~s day of 2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
SUPPLY ORDiNANCE 2000 - BID 2566
Agend~ No ~ ~ 't~' _
Agenda Item.
AGENDA INFORMATION SHEET Date,
AGENDA DATE: September 26, 2000 Questmns concerning
acqms~tmn may be directed
DEPARTMENT: Maten~s M~agement to J~m Coulter 349-7194
ACM Zany D~ose, Fmcal ~d M~m~pal
SUBJECT
~ Ordinate appro~ng ~e expen&~e of ~ds for the ~ual con.act for the p~ch~e of
Zctag 7878 (Fo~ly Percol 778), a product only available ~om one so~c~ m accord~ce Wl~
prowmons of State Law ex~ptlng such p~ch~es ~om requirements of competK~ve bids, ~d
prow&ng ~ effective date ~le 2568 - aw~d~ to Fo~ Bend So.ices, Inc at 1 36 per g~lon
~ual es~mated usage ~s 25,000 gallons or $34,000)
FILE INFO~ATION:
This product Is a cat,omc pohmer compo~d used by the water recl~atmn &vlmon for the
p~ose of accel~atmg ~e s~atmg of sludge ~om water d~ng ~e w~tewater tr~a~ent
process
Zetag 7878 ~s protected by patent or cop~ght ~d available only ~om West Bend S~mes, Inc
~COMMENDATION.
We reco~end th~s contract be aw~ded to ~e s~ngle suppher of Zetag 7878, West B~d
Se~mes, Inc ~n the mo~t of 1 36 per gallon
P~NCIP~ PLACE OF BUSINESS.
Fort Bend Se~lCeS, Inc
St~ford, TX
ESTIMATED SCHEDULE OF PRO.CT
Th~s product ~s maddy avmlable ~d c~ be sh~pped in 2000-gallon qu~t~tles within 7 workdays
FISCAL INFO~ATION
F~ds for the p~ch~e of ~s product wall come from Water Reclmat~on D~ws~on 2000-2001
Operating Budget accost (625-082-0420-8105)
Re~pect~lly su~tted
Tom Shaw, C P M, 349-7100
P~chasmg Agent
Attachment 1 Price Quotation ~om Fo~ B~d Seduces, Inc
Attac~ent 2 Single So.ce verification ~m
1449 Agenda
ATTACHMENT 1
FORT BEND SERVICES, INC.
MAILING ADDRESS 13303 Redfish Lane
PO Box 1688 Stafford, TX 77477
Stafford, TX 77497 Office (281) 261-5199
(800) 933-3678 Toll Free Fax (28 I) 261-2295
Waste & Water Treatment Spectahsts
Ms Karen Smith August 28, 2~00
City of Denton
Accounts Payable
215 East McKtnney Street
Denton, Texas 76201-4354
Dear Ms Smith,
Thank you for being a valued Fort Bend Services, Inc customer You may or may not be aware that ~n November
1999 all of tho common carder freight companies passed on a price ~ncrease and fuel surcharge to their
customers, which included Fort Bend Services, Inc At that bme, Fort Bend Sennces, Inc dec~ded not to pass th~s
increase on to our cuatomem Recently, we received natlflcetion that as of September 1, 2000, there wll be
another rate Increace and fuel surcharge added
We have also received price increases from our polymer supphers Unfortunately, due to this upcoming increase
and rising operational costs, we at Fort Bend Sennces, Inc can no longer absorb the added costs Please use
thru letter as notification of a price increase
Effective October 1, 2000, your new pnclng will be as follows
Product Zatag 7878 Packaging 2205 totebin Price $1 36 delivered
Please nots that all Percol products have undergone a name change Percol 778 ts now being labeled
Zetsg 7878
Th~s pnc;ng ~s firm through September 30, 2001 Please note that the above pnc~ng m FOB your Iocahon and
~ncludes p~ck-up and disposal of all empty toteblns
Agmn, we value you as a customer and look forward to an ongoing working relationship If you have questions or
reqmre additional information, please feel free to contact me
cc Bobby K~ser, City of Denton
Please forward this letter to anyone in your organization who has need of this reformation
08/28/00 14 36 FA~ 757 538 0258 CIBA/SaleS [~01
C,ba Spe<,aity Chemicals ATTACHMENT 2
USA
~,.
BY FAX
(940) 349-7302
August 28, 2000
CITY OF DENTON, TX
ATTBNTION. Karen Smith
Ph (940) 34,9.843&
Dear Mb. Su,d. th
Ctba Spectalty Chemicals Water Treatments, [nc (formerly Allied Collotds
Inc ) is the manufacturer of Petcol 778 Out sales o[*~ee and mantrfactuttn8
plant Is located at 2301 Wd_roy Road, Suffolk, Vkginia
Fort Bend Sendces is our only authorized distUbutoz for the followmg states
Texas, Loms~ana, Arkansas, Mississippi, Oklahoma. They are located at
13303 Redflsh Lane, Stafford, TX
Regards,
Steven ^ Wngh~
Business Manager
Industrial Water Treatment
SAW/dkc
Oba 5peCfaRy Chemicals Water Tramme~u,
ORDINANCE NO
AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE ANNUAL
CONTRACT FOR THE PURCHASE OF ZETAG 7878 (FORMERLY PERCOL 778), A
PRODUCT ONLY AVAILABLE FROM ONE SOURCE 1N ACCORDANCE WITH
PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS
OF COMPETITIVE BIDS, AND PROVIDING AN EFFECTIVE DATE (FILE 2568 - AWARDED
TO FORT BEND SERVICES, INC AT 1 26 PER GALLON ANNUAL ESTIMATED USAGE IS
25,000 GALLONS OR $24,000)
WHEREAS, Section 252 022 of the Local Govemment Code provides that procurement of
~tems that are only available from one source, including, items that are only available from one
source because of patents, copyrights, secret processes or natural monopohes, films, manuscripts or
books, electricity, gas, water and other utthty purchases, captive replacement parts or components
for eqmpment, and hbrary materials for a pubhc hbrary that are available only fi'om the persons
holding exclusive dastnbutaon rights to the materials, need not be submatted to competmve bids, and
WHEREAS, the City Council washes to procure one or more of the ~tems mennoned ~n the
above paragraph, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the following purchases of materials, eqmpment or supphes, as described
in the "File 2515" referenced hereto and on file m the office of the Purchasmg Agent, are hereby
approved
FILE VENDOR AMOUNT
2568 Ford Bend Servmes, Inc $1 36 per gallon
SECTION II That the acceptance and approval of the above ~tems shall not constitute a
contract between the Caty and the person subm~ttmg the quotaUon for such atems until such person
shall comply w~th all reqmrements specffied by the Purchastng Department
qFe_C._TION III That the City Manager as hereby authorized to execute any contracts relating
~,. ,,, , ' 3n I and the expenditure of funds pursuant to smd contracts ~s hereby
SECTION IV That tlusordmanceshallbecomeeffect~velmmedlatelyupon~tspassageand
approval
PASSED AND APPROVED ttns the day of ,2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
FILE 2568 SOLE SOURCE ORDINANCE-2000
AGENDA INFORMATION SHEET
AGENDA DATE. September 26, 2000 Quesuons concemmg th~s
acqmsmon may be directed
DEPARTMENT: Materials Management to Ray Wells 349-7108
ACM: Kathy DuBose, Fiscal and Mumclpal Scrv~ccs~
SUBJECT:
An Ordxnance approving the expenditure of funds for the purchase of promotional commercml
spot airtimas available from only one source m accordance vath the provis~ons of the State Law
exempting such purchases from requirements of competmve bidding, and providing an effecuve
date (Purchase Order 07555 - Charter Media In the amount of $36,608)
PURCHASE ORDER INFORMATION:
This purchase order is for the acqmsmon of spot mrtime for Denton Mumcipal Electnc
awareness / promotional commercials The conunercmls vall be broadcast on nine d~fferent
networks at various times of the day The contract vail include 6,344 spots over a 52-week
schedule (See altached advertisement rate sheet for detmls)
PRIOR ACTION/VIEW (COUNCIL~ BOARDS~ COMMISIONS):
The Pubhc Utility Board will consider thxs proposal on September 18, 2000
RECOMMENDATION:
We recommend this contract for awareness / promotional commercials be continued and that
Purchase Order 07555 to Charter Media be approved xn the amount of $36,608
PRINCIPAL PLACE OF BUSINESS:
Charter Media
Denton, TX
ESTIMATED SCHEDULE OF PROJECT'
Purchase Order agreement vail run from October 1, 2000 through September 31, 2001
FISCAL INFORMATION:
Ttus agreement vall be funded from DME 2000-2001 operation budget account (610-107-1071-
9130-8504)
Agenda Informatxon Sheet
September 26, 2000
Page 2
Respectfully submitted
Tom Shaw, C P M, 349-7100
Purchasing Agent
Attachment 1 Purchase Order 07555 to Charter Media
Attachment 2 Advertising Insertion Order
1550 Agenda
ATTACHMENT 2
ORDINANCE NO
AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE
OF PROMOTIONAL COMMERCIAL SPOT AIRTIMES AVAILABLE FROM ONLY ONE
SOURCE IN ACCORDANCE WITH THE PROVISIONS OF THE STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDDING,
AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 07555 - CHARTER
MEDIA IN THE AMOUNT OF $36,608)
WHEREAS, Section 252 022 of the Local Government Code provides that procurement of items
that are only available from one source, including, items that are only available from one source because
of patents, copyrights, secret processes or natural monopohes, films, manuscripts or books, electricity,
gas, water and other utility purchases, captive replacement parts or components for equipment, and
library materials for a public library that are available only from the persons holding exclusive
distribution rights to the materials, need not be submitted to competitive bids, and
WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above
paragraph, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the following purchase of materials, equipment or supplies, as described ~n
the "Pumhase Orders" listed hereon, and on file in the office of the Purchasing Agent, are hereby
approved
PURCHASE
ORDER VENDOR AMOUNT
07555 Charter Media $ 36,608
SECTION II That the acceptance and approval of the above items shall not constitute a
contract between the City and the person submitting the quotation for such items until such person shall
comply with all requirements specified by the Pumhasmg Department
SECTION III That the City Manager is hereby authorized to execute any contracts relating to
the items specified in Section I and the expenditure of funds pursuant to said contracts is hereby
authorized
SECTION IV That this ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this the. day of ,2000
ATTEST EULINE BROCK, MAYOR
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
07555 SOLE SOURCE (9-00)
AGENDA INFORMATION SHEET
AGENDA DATE: September 26, 2000 Questions concermng Qus
acqmsition may be directed
DEPARTMENT: Materials Management to Gary Matheson 349-7925
ACM: Kathy DuBose, Fiscal and Mumclpal Services ~
SUBJECT:
An Orchnance approving the expenditure of funds for the purchase of portable and mobile $00
MHZ radios avmlable from only one source m accordance with the provisions of State Law
Exempting such purchases from reqmrements of competitive bidding, and providing an effective
date (Purchase Order 07577 - Motorola in the amount of $36,988 95)
PURCHASE ORDER INFORMATION:
This purchase order is for the acqmslUon of mobile and portable handheld 800 MHZ radios for
the Police Department To remain compatible with our 800 MHZ radio communication system
only radios from Motorola are acceptable Motorola's 800 MHZ radio system and its
components are protected by copyright and patient and only avmlable from Motorola
RECOMMENDATION:
We recommend Purchase Order 07577 to Motorola be approved in the amount of $36,988 95
PRINCIPAL PLACE OF BUSINESS:
Motorola
Schaumburg, IL
ESTIMATED SCHEDULE OF PROJECT:
800 MHZ radios and components can be shipped within 30 days of receipt of a purchase order
FISCAL INFORMATION:
The funding for these purchases will come from the 1998 Federal Local Law Enforcement Block
Grant account(s)
· 249-070-LBO3-0001-9107 $33,965 00
· 249-070-LBO3-0002-9107 $ 3,023 95
$36,988 95
Tom Shaw, C P M, 349-7100
Attachment 1 Purchase Order 07577 to Motorola Purchasing Agent
Attachment 2 Price Quote - Motorola
1551 Agenda
ATTACHMENT 1 o o ~0 o ~
o~i~-~ ~ ~ ~
_ o m ~ _~
O~ ~m o o o o
O~
~_~ o~ ~ o o o o
~ ~ o o ~
ATTACHMENT 2
ORDINANCE NO
AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE
OF PORTABLE AND MOBILE 800 MHZ RADIOS AVAILABLE FROM ONLY ONE
SOURCE~ IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING
SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDDING, AND
PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 07577 - MOTOROLA IN THE
AMOUNT OF $36,988 95)
WHEREAS, Section 252 022 of the Local Government Code provides that procurement of items
that are only available from one source, including, items that are only available from one source because
of patents, copyrights, secret processes or natural monopolies, films, manuscripts or books, electricity,
gas, water and other utility purchases, captive replacement parts or components for equipment, and
library materials for a public library that are available only from the persons holding exclusive
distribution rights to the materials, need not be submitted to competitive bids, and
WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above
paragraph, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the following purchase of materials, equipment or supplies, as described in
the "Purchase Orders" listed hereon, and on file in the office of the Purchasing Agent, are hereby
approved
PURCHASE
ORDER VENDOR AMOUNT
07577 Motorola $36,988 95
SECTION II That the acceptance and approval of the above items shall not constitute a
contract between the City and the person submitting the quotation for such items until such person shall
compiy with all requirements speeffied by the Purchasing Department
SECTION III That the City Manager is hereby authorized to execute any contracts relating to
the items specified in Section I and the expenditure of funds pursuant to said contracts is hereby
authorized
SECTION IV That this ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this the day of ,2000
ATTEST EULINE BROCK, MAYOR
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
07577-SOLE SOURCE (9-00)
AGENDA INFORMATION SHEET 13ate_ ~' .~/"/)~
AGENDA DATE: September 26, 2000 Questmns concermng fins
acqmsmon may be directed
DEPARTMENT: Materials Management to Alex Pettlt 349-8595
Gary Matheson 349-7925
ACM: Kathy DuBose, Fiscal and Mumcipal Services ~
SUBJECT:
An Ordinance awarding a contract for the purchase of materials, supplies or services (laptop
computers) as awarded by the State of Texas General Services Commission through the
Qualified Information Servme Vendor (QISV) Catalogue Program, providing for the expenditure
of funds therefore, and prowd~ng an effective date (Purchase Order 07562 to Mobile Dynamics
Computers USA, m the amount of $49,568)
PURCHASE ORDER INFORMATION.
This purchase order is for seven Itromx XC-6250 Pro (rugged) Laptop Computers for use by the
Pohce Depax~ent These computers will be utilized in conjunction with the Pubhc Safety
System in place of the fixed mounted Mobile Data Units installed m the Police Patrol Umts, Fire
suppression and EMS umts The moblhty of these laptops will allow the users to use them ~n the
car to access information or remove them to complete paperwork or take statements offmte such
as in jails, hospitals or other facfl~tms
RECOMMENDATION:
We recommend Purchase Order 07562 to Mobile Dynamics Computers USA, be approved m the
amount of $49,568
PRINCIPLE PLACE OF BUSINESS:
Mobile Dynamics Computers USA
Dallas, TX
ESTIMATED SCHEDULE OF PROJECT:
The eqmpment on Purchase Order 07562 is available within three weeks of receipt of an order
Installatmn could range up to six weeks depending on software licensing to accommodate the
laptop configuratmn ~n the Pubhc Safety Software
FISCAL INFORMATION:
This acqmsmon will be funded from the following source
· 1999/00 Motor Pool Account (720-025-0584-9104) $49,568
Agenda Information Sheet
September 26, 2000
Page 2
Respectfully submitted
Tom Shaw, C P M, 349-7100
Purchasing Agent
Attachment 1 Purch~e Order 07562 to Mobile Dynamic Computers USA
Attachment 2 Quotation fi.om Mobde Dynam~c.~ Computer USA
Attachm,nt 3 QIS¥ Certification
1453 AGENDA
ATTACHMENT 1
ATTACF~ENT 2
MOBILE DYNAMICS PRICE QUOTE ON ITRONIX 300MHz XC-6250PRO I CDPD
COMPUTERS
MOC COM City of Denton Police
Mob,,.oo.,.ob,,..,.c Department
To Officer Sean Kirk September 12, 2000
Dear Officer K~rk,
As per our d~scuss~on, Configurabon 3 w~ll meet your specification requirements
Conficlurabon 1
ITRONIX XC-6250Pro / CDPD / RF USB Cradle - $6,535 00lea *
Includes 300MHz, 10 4" Anti-Glare / Anti. Reflective Touch Screen, N~teVue Keyboard, 60GB
Hard Ddve, 128MB RAM, 56kbps FAX Modem, Pen Windows 98, 4500mAHr Battery, AC
Power Supply/Charger, USB RF Cradle, Tre~nmg & Delivery
Confi.quration 2
ITRONIX XC-6250Pro / CDPD / RF USB Cradle - $6,890 00lea *
Includes 300MHz, 10 4" Anti. Glare / Ant~-Reflect~ve Touch Screen, N~teVue Keyboard, 12GB
Hard Drive, 256MB RAM, 56kbps FAX Modem, Pen Windows 98, 4500mAHr Battery, AC
Power Supply / Charger, USB RF Cradle, Tre~nmg & Delivery
Configuration 3
ITRONIX XC-6250Pro / CDPD I RF USB Cradle - $6,695 00lea *
Includes 300MHz, 10 4" Ant~-Glare / Anb-Reflect~ve Touch Screen, N~teVue Keyboard, 60GB
Hard Drive, 256MB RAM, 56kbps FAX Modem, Pen Windows 98, 4500mAHr Battery, AC
Power Supply/Charger, USB RF Cradle, Tre~nmg & Delivery
· Pricing Reflects 100+ Pricing Dmcount but wdl apply to s~ngle unit orders
Mobile Dynamics Computers USA
4253 Hunt Dnve
Suite 1110
Carrollton, TX 75010
Telephone (214) 435-7651
· In addition to the XC-6250Pro the C~ty of Denton Pohce Department needs to
purchase at least 1-PCMCIA Floppy and 1-PCMCIA CD-ROM for System Support
and recovery of the Operating System ~n the event of a System Software Failure
One PCMClA Floppy and one PCMCIA CD-ROM w~ll support as many XCPro's as
needed However, ~f more than one location ~s chosen for deployment then we
recommend each Iocabon hawng a PCMClA Floppy and PCMClA CD-ROM
PCMClA Floppy Drive - $220.00
PCMCIA CD-ROM - $220 00
All sh~pp~ng is ~ncluded for delivery
All umts include 3-Year Standard Plus Warranty covering all parts and labor
excluding consumables and direct facially impacted fractured screens
There ~s a L~feT~me Warranty on all External Components, excluding the Screen
This would ~nclude the Magnesium Case, Keyboard, Antenna, Battery Cover, All
External Ports (Serial, Parallel, R J-Il, AC-Power Input, USB, SVGA and PCMCIA
Door), Handle, D-RINGS, Santoprene Rubber Covenng and Beauty Plate Cover
RECOMMENDED OPTIONS (QISV pricing)
Vehicle Mobile Mount w/T~lt/Sw~vel - $195 00
USB Flash Card Reader & Card - $100 00
USB Floppy Drive- $110 00
USB CD-ROM- $220 00
RF USB Vehicle Cradle- $625 00
12 Volt Vehicle Charger Adapter- $128 00
External Battery Charger & Power Supply - $220 00
Spare Battery, N~MH, 4500 mAHr - $150 00
Please call me at (214) 435-7651 ;f you have any quesbons
Sincerely,
Sterhng McKanna - Owner / Mobile Dynamics Computers USA / MDCUSA COM
Mobile Dynamics Computers USA
4253 Hunt Drive
Sutte 1110
Carrollton TX 75010
Telephone (214) 435-7651
ATTACHMENT 3
MOBILE DYNAMICS COMPUTERS USA
MDC COM
VID # 2-45-335-7549-400
QISV Ordering Address:
7724 Meadow Park Rd
Building 67 Suite 114
Dallas, TX 75230
This is a true and accurate copy of the catalogue approved with the General Services
Commission.
Effective Date of Catalogue: July 1, 2000
Th~s catalogue has been updated Last version dated
Return to
Return to GSC QISV Listing Mobile Dynamics Computers
Home Page
Vendor Contact Information
QISV Contact
Information
Contact Person Sterhng McKanna
Owner
Phone # 214-435-7651
E-MIni Address sterhngmckanna(~mdcu~a corn
Product / Services Information
I Available II Description
204 COMPUTER HARDWARE (RUGGED) AND ACCESSORIES
http//www mdcusa com/mdcqmv btm
ORDINANCE NO
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS,
SUPPLIES OR SERVICES (LAPTOP COMPUTERS) AS AWARDED BY THE STATE OF
TEXAS GENERAL SERVICES COMMISSION THROUGH THE QUALIFIED INFORMATION
SERVICE VENDOR (QISV) CATALOGUE PROGRAM, PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE
(PURCHASE ORDER 07562 TO MOBILE DYNAMICS COMPUTERS USA, IN ~ AMOUNT
OF $49,568)
WHEREAS, pursuant to ResoluUon 92-019, the State Purchasing General Services
Commission has solicited, received and tabulated competitive bids for the purchase of necessary
materials, eqmpment, supplies or services m accordance w~th the procedures of state law on behalf of
the City of Denton, and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the hereto described materials, eqmpmant, supplies or services can be purchased by the City
through the General Servxces Conumsslon programs at less cost than the C~ty would expend if
bidding these ~tems individually, and
WHEREAS, the City Council has provided in the C~ty Budget for the appropnatmn of funds
to be used for the purchase of the materials, eqmpment, supphes or services approved and accepted
herem, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the numbered ~tems in the following numbered purchase order for
materials, eqmpment, supphes, or services, shown in the "Purchase Orders" hsted hereon, and on file
m the office of the Purchasmg Agent, are hereby approved
PURCHASE
ORDER VENDOR AMOUNT
07562 Mobile Dynamics Computers USA $ 49,568
SECTION II That by the acceptance and approval of the above numbered ~tems set forth in
the attached purchase orders, the C~ty accepts the offer of the persons submitting the bids to the
General, Services Commasslon for such ~tems and agrees to purchase the materials, equipment,
supphes or servaces m accordance with the terms, conditions, specifications, standards, quantltxes
and for the specxfied sums contmned m the b~d documents and related documents filed with the
General Services Comrmss~on, and the purchase orders issued by the City
S~CTION III That should the City and persons submitting approved and accepted items set
forth in the attached purchase orders vash to enter rote a formal written agreement as a result of the
City's ratification of bads awarded by the General Services Corramssion, the City Manager or bas
designated representative is hereby anthonzed to execute the written contract wbach shall be attached
hereto, prowded that the written contract is m accordance with the terms, con&taons, specifications
and standards contained m the Proposal subrmtted to the General Services Commission, quanUt~as
and specffiad sums contained m the C~ty's purchase orders, and related documents herein approved
and accepted
~ That by the acceptance and approval of the above numbered items set forth m
the attached purchase orders, the City Council hereby authorizes the expenditure of funds therefor m
the amount and in accordance with the approved purchase orders or pursuant to a written contract
made pursuant thereto as authonzad herem
SECTION V That this ordinance shall become effective lmme&ately upon its passage and
approval
PASSED AND APPROVED this day of ,2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
PO 07562 -.MOBILE DYNAMICS COMPUTERS USA (QISV) CONTRACTUAL ORDINANCE 9-2000
ADenda rdo ~ ~Y~
AGENDA INFORMATION SHEET Aoend8 Item~ , ~' ? _
Date
ADENDA DATE' September 26, 2000
DEPARTMENT. Commumty Development DepartmentI
CM/DCM/ACM: Dave Hill, Assistant City Manager ~
SUBJECT
Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approwng
gu~dehnes for operation of the City of Denton Homebuyer Assistance Program and eligibility criteria,
anthonzmg expenditures m excess of $15,000 for projeets meeting program guldehnes and enter]a, and
prowdmg an effective date
BACKGROUND
The Homebuyers Assistance Program (HAP) has been m existence since 1992 and provides
homeownership opportumt~es for low and moderate income households The program assists ehglble
households with down payment, ehglble closing costs and gap financing to purchase an affordable
house The assistance ~s provided to the homebuyer as a secured forgivable second loan at 0% interest
for 5, l0 or 15 years and forgiven at the term of the loan term
The maximum loan per household with funds from the U S Department of HUD funds is $14,900 An
additional $5,000 per household is available from the Federal Home Loan Bank of Dallas, thus making
the maximum loan amount per household $19,900 for a term of fifteen (15) years
The C~ty of Denton Homebuyer Assistance Program Gmdehnes set forth ehg~bfllty criteria for
expending Federal grant and FHLB funds These guidelines adhere to the rules and regulations as set
forth by the U S Department of Housing and Urban Development (HUD) regarding property ehg~bthty
and eligible income ranges Criteria for monitonng and approving applicants and project expenditures
are defined in the program gmdehnes Approval of th~s ordinance adopts the Homebuyer Assistance
Program gtudehnes and authorizes program expenditures in excess of $15,000 City Courted will not be
reqtured to approve ~nd~wdual program expenditures
The following as a list of s~gmficant changes to the Homebuyer Assistance Program for the 1999
program year
1 Incorporated the new HUD income hm~ts based on family size
2 Increased of maximum sales price to $85,000
3 Modified the amount of assistance to a percentage of the closing costs based on
income
4 Incorporated the new Federal regulations for lead-based pmnt on pre-1978 houses
ESTIMATED SCHEDULE OF PROJECT
The 2000,Homebuyer Assistance Program gmdehnes wdl be ~n effect through September 30, 2001
PRIOR ACTION/REVIEW
Program funding was included ~n the 2000 Commumty Development Action Plan for housing and
commtm~ty development approved by C~ty Council on May 16, 2000
FISCAL ,INFORMATION
The 2000 grant year funding award for the Homebuyer Assistance Program ~s $416,510 from CDBG
An add~tlonal $50,000 for the program was awarded by the Federal Home Loan Bank (FHLB) of Dallas
to prowde gap financing ofa max~mtan of $5,000 per very low income homebuyer Staffsalanes related
to the program dehvery will be prod w~th CDBG and HOME funds No general fund dollars are
~ncluded ~n th~s program
EXHIBITS
1 Homebuyer Assistance Program - 2000 (Pages 3 through 10)
2 Proposed Ordinance (Page 11)
Respectfully submitted
D~rector of Commumty Development Department
Prepared by
Commumty Development Department
Page 2 of 11
Exhibit A
City of Denton - Community Development Dlvlsmn
2000 Homebuyer Assistance Program Gmdehnes
INTRODUCTION
The Community Development Division of the City of Denton has admlmstered the Homebuyer
Assistance Program since 1992 to help low and moderate income families to purchase decent and
affordable housmg The program provides home ownership opportunities to first time homebuyers and
build strong neighborhoods The down payment and closing costs assistance is provided as a secured
forgivable second mortgage loan at 0% interest for 5, 10 or 15 years The City of Denton forgives the
note at the end &the loan term
The Homebuyer Assistance Program is funded through federal grants from the U S Department of
Housing and Urban Development and Federal Home Loan Bank of Dallas
Policy clarifications or general questions should be addressed to the City's Community Development
Division at the following address or telephone number
City of Denton - Community Development Division
100 West Oak, Suite 208, Denton, Texas 76201
Phone Number 940 349-7726 - Fax Number 940 383-2444
WHO QUALIFIES FOR ASSISTANCE?
Homebuyers must meet all of the following criteria to he quahfy for the Homebuyers Assistance
Program
1 Live in the city of Denton for one year
2 Antimpated household income cannot exceed HAP income limit The anticipated annual income
and assets are calculated using HUD's most current Section 8 Income Guidelines established in the
Techmcal Guide for Determining Income
No &People Max Income Limit No of People Max Income Limit
1 $ 34,050 2 $ 38,900
3 $ 43,800 4 $ 48,650
5 $ 52,500 6 $ 56,400
7 $ 60,300 8 $ 64,200
3 Must be first-time homebuyers The following will be considered first-time homebuyers
a Have not owned a home in the past three years,
b D~splaced single parents,
Own a substandard mobile home CD Inspector will determine the condition of the home
Page 3 of 11
4 Occupy the home as their primary residence dunng the term of forgivable loan
5 Qualify for a mortgage loan from a Partm~patmg Lender The interest rate on the mortgage loan
cannot exceed the prevalhng market rate See page 6 for a hst of current Partm~pat~ng Lenders
6 L~qmd assets less than $5,000 Llqmd assets are assets that can be readily converted to cash and
include such assets as cash, checking and sawngs accounts, certfficates of deposit, money
market accounts, stocks, bonds and profit shanng accounts 0f funds can be wathdrawn wathout a
penalty) Note Any sm over $3,500 to the maximum of $5,000 must be pledged by the
participants for closing costs, prepards and down payment
7 Attend a HUD or Fannie Mae approved homebuyer education program The following are the
agencies that currently offer homebuyer education classes in the Metroplex
a C~ty of Denton thru CCCS of North Central Texas - (940) 349-7726
b CCCS of Dallas-(214) 638-2227
c CCCS of Fort Worth - (940) 867-2227
WHAT TYPE OF HOUSE QUALIFIES~
1 Residential property, located watlun the Denton c~ty hm~ts, ~ncludlng ex~st~ng and newly
constructed single-famdy residence, condom~mum or townhouse Mobde homes and
manufactured homes are not ehglble properties The maximum sales price of the house to be
purchased shall not exceed $85,000
2 Rental properties are not ehg~ble unless the buyer and renter are the same or house has been
vacant for 60 days
3 In accordance w~th the Uniform Relocation Act, the C~ty of Denton must reform a seller that the
C~ty of Denton w~ll not use it's power of eminent dommn to acqmre the property if negotmt~ons
frei to result ~n an agreement between the HAP buyer and the seller The C~ty of Denton wall
provide the seller wath a written estimate of the fair market value of the property that the seller
s~gns See page 7 for the "Seller's Notme"
4 The property must be safe, decent and sanitary Assxstance wall not be prowded to famhtate the
purchase of a substandard property An independent inspection must be completed by a State
Licensed Home Inspectlon Company CD Staff will rewew the inspection report and determine
~f any repmrs will be reqmred HAP funds wall not be released untd all the ~tems of concern
have been adequately addressed
Page 4 of 11
5 It is recommended that the house contain adequate number of bedrooms
Max, mum No of Maximum No of
Family Members Bedrooms Family Members Bedrooms
1 O/Efficiency 8 4 Bedrooms
2 1 Bedroom 10 5 Bedrooms
4 2 Bedrooms +10 6 Bedrooms
6 3 Bedrooms
6 Any structure built before 1978 must be free of any deteriorated paint The City of Denton w~ll
conduct a wsual assessment of pre 1978 houses to determine the condition of the paint If the
visual assessment shows deteriorated pmnt, the pmnt w~ll need to be stabilized and a clearance
test conducted by tranned workers m accordance w~th Federal lead-based palm requirements for
safe treatment
WHAT COSTS WILL HAP COVERo
1 Closing Costs & Prepalds: HAP vall assist w~th a percentage of the Borrower's closing costs
based on household income See page 4 for the levels of assistance
2 Down Payment. Up to 50% of the MINIMUM down payment required by the Participating
Lender based on the sales price For example FHA loans reqmred a ~nvestment of 2 25% of the
sales price - borrower's mlmmum down payment is 1 125% of the sales price In some
Instance, a mortgage loan does not reqmre a down payment, however, under the Homebuyers
Assistance Program a m, mmum of $250 ~s reqmred as down payment from the homebuyer
3 GaplFlnanemg. Add~tiunal funds may be available to help homebuyers whose ~ncome does
not exceed 65% of the area median income and meet gap criteria These funds are distributed
and approved by the City GAP Fmanmng is not meant to be used as a cushion factor to make
the 10an more appealing to the purchaser or mortgage company It ,s only avatlable when the
action ~s necessary for the participant to quahfy for a mortgage loan or the price range for a
house is not available in the market Gap financing can be used for the following situations
A Assist in the difference between the sales price of the house and the maximum loan the
buyer can afford
B Assist participants to buy down the interest rate in order to make the mortgage payment
affordable
C Assist homebuyer w~th mortgage principal buydown ~n order to make the mortgage
payments affordable
Page 5 of 11
LEVELS OF ASSISTANCE
The following are the three levels of assistance through the Homebuyer Assistance Program and
additional requlremants for each level of assistance
MODERATE LOW VERY LOW
FAMILY SIZE INCOME INCOME INCOME
80% - 66% AMI 65% - 51% AMI 50% & Below AMI
1 $34,050 - $27,691 $27,690 - $21,301 $21,300 or Below
2 $38,900 - $31,591 $31,590 - $24,301 $24,300 or Below
3 $43,800 - $35,556 $35,555 - $27,350 $27,350 or Below
4 $48,650 - $39,521 ~;39,520 - $30,401 $30,400 or Below
5 $52,550 - $42,706 $42,705 - $32,851 $32,850 or Below
6 $5~,400 - $45,826 $45,825 - $35,251 $35,250 or Below
7 $60,300 - $49,011 $49,010 - $37,701 $37,700 or Below
8 $64,200 - $52,196 $52,195 - $40,151 $40,150 or Below
~ Down Payment ½ Down Payment V2 Down Payment
HAP & 80% of closing & 85% of closing costs & 95% of closing costs
Down Payment Assistance costs up to $5,000 up to $5,000 up to $5,000
and
Closing Costs Buyer's ~A Down Payment & V2 Down Payment & ~A Down Payment &
Contribution 20% of closing costs 15% of closing costs 5% of closing costs
An additional $5,000 An additional $14,900'
Gap Funds (See page 3 for an Not Ehg~ble for ma,/be available for Ma,/be available for
explanation of gap funds) Gap Funds gap funds gap funds
*Up to $14,900 may be avadable ff funds from the Federal Home Loan Bank are avmlable The FHLB of Dallas provides an
additional $5,000 for households that are at or below 50% of the AMI The $5,000 grant ~s forgiven over a five-year period
OCCUPANCY REQUIREMENTS/TERM OF LOANS
The occupancy reqmrements and the term of the HAP loan ~s based on the amount of assistance
that ~s provided for down payment, closing costs and gap funds The following table ~nd~cates the
term of the note and the number of years the household is reqmred to mmntaln their home as
their principal place of resxdency to fully comply w~th the Homebuyer Assistance Program
Amount of Assistance I Up to $5,000 Up to $10,000 Up to $19,900
Occupancy Reqmrements 5 years 10 years 15 years
& Term of Loans
Page 6 of 11
WHEN SIGNING AN EARNEST MONEY CONTRACT
1 Contracts are subject to a Notice to Seller of Real Property In accordance with the Uniform Relocation
Act, the C~ty of Denton must inform the seller that the City of Denton will not use it's power &eminent
domain to acquire the property lfnegot~ations fad to result in an agreement between the HAP buyer and
the seller The notice must be prowded to the seller before entering into an Earnest Money Contract
See page 9 for the "Seller's Notice"
2 Contracts must be subject to a Property Condition Addendum (PCA) The contract must call for an
independent inspection by a State Licensed Home Inspection Company CD Staff will review the
mspectmn report and determine ffany repairs wall be reqmred HAP funds wall not be released until all
the ~tems of concern have been adequately addressed
3 Addendum to Sales Contract / Lead-Based Paint Hazards Notification is reqmred for property
constructed prior to 1978 According to the addendum, a buyer has the option to conduct a risk
assessment or Inspectmn for the presence of lead-based paint hazards The inspection ~s an ehgtble
closing cost
PROCESS TO RECEIVE ASSISTANCE
The following ~s the process to receive assistance ~fyou meet all of the ehgibdity criteria
Attend a HUD or Fannie Mae approved homebuyer education workshop The following is
agency's that currently provide homebuyer education classes
* City of Denton thru CCCS of North Central Texas - (940) 349-7726
* CCCS of Dallas - (214) 638-2227
* CCCS of Fort Worth- (940) 867-2227
2 Contact a HAP Participating Lender from the approved hst The lender wdl determine if you
quahfy for a mortgage loan and determine your prehmlnary ehgibdity for the program Your mortgage
company will submit the necessary paperwork to the CD office for consideration under the HAP
program A preliminary approval ~s good for 3 months and can be extended for an additional two
months with a s~gned earnest money contract Feel free to contact the C~ty's Commumty Development
D~vls~on if you have any questions on the program
3 F~nd your "dream home" and enter ~nto a purchase agreement A local realtor can assist you in
finding your home, based on the lender's loan pre-qualification Once you have selected your home, the
realtor can also assist you m entermg rotc a purchase agreement Please note that ~t ~s not necessary to
utd~ze the servmes of a realtor to receive assistance
4 HAP lender wffi submit your HAP appheat~on Once you have obtained preliminary loan approval
and entered into a purchase agreement, your lender will submit your application to the CD Office for
down payment and closing costs assistance You wall NOT have to submit an apphcat~on directly to the
City
Page 7 of 11
5 When the buyer's application is recewed, the Community Development Office will beg~n
progesslng the request for assistance An outline of our functtons follows
A Information is reviewed for completeness and accuracy and an ehg~bfl~ty check is performed
B Review independent home tnspectlon and request any needed repairs Conduct a visual
assessment of pre-1978 houses to determine presence of deteriorated paint Conduct an
environmental remew on property
C Determine amount of HAP assistance from Settlement Statement and wire funds to Tttle
Company Asslstaneetssubjecttocompletlonofrepatrs Notffylender, tttlc company and buyer
of asststance
D Conduct a Fmal Inspectton of the property
E Prepare and submit HAP Deed of Trust and Promissory Note to t~tle company for closing
WHAT WILL YOU BE REQUIRED TO SIGN AT CLOSING?
The City of Denton's Homebuyer Asststance Program (HAP) provides part ofthts necessary financtng as a
secured forgtvable second mortgage loan at 0% tnterest for 5, 10 or 15 years The Ctty of Denton wdl
forgtve the note at the end of the loan term On the day of clostng the buyer(s) wdl be reqmred to sign two
legal documents for the Homebuyers Assistance Program N A Deed of Trust and Promtssory Note The
followtng is an explanatton of the legal documents
Promissory Note The promtssory note states that the buyer promtses to pay the amount of HAP assistance
based on the payment schedule stated on the note The note ~s forgtven at the end of the loan term 5, 10 or 15
years depending on the amount of asststance See Page 4 for the number of years
Deed of Trust The deed oftrust ts a security tnstrument that allows the Ctty of Denton to place a hen on the
property for the term of the forgtvable loan and only for the amount of HAP asststance At the end of the
term ofthe loan the enttre grant wdl be forgiven At that t~me, the Ctty of Denton wdl file a Release the L~en
wtth the Denton County Clerk's Office
The contracts mdlcate that the buyer(s) must comply w~th the followmg condlttons
Buyer(s) agrees to reside m the house for the term of the forgivable loan 5, 10 or 15 Years from the date
of execution of the promtssory note
2 Buyer(s) agrees to mmntam the property tn safe and santtary conditton
3 Buyer (s) agrees to pay all mortgage payments, taxes and other assessment on the property m a timely
manner
PLEASE NOTE The amount of the loan and mterest of 5% from the beginning of the loan is due and
payable m full upon the sale of the property, transfer ofownershtp, fadure on the borrower to maintain thetr
home as a principal restdence durmg the term of the loan 5, 10 or 15 years
Page 8 of 11
HOMEBUYER ASSISTANCE PROGRAM
PARTICIPATING LENDERS
Contact Person HAP Mortgage
Part!cipatlng Lenders/Address Telephone Number Leader Loans Translators
Since (See Below)
Advantage Mortgage Network Inc. Brian W~lson 10/8/99 1, 2, 5 Spamsh
2442 Lfihan Mallet Pkwy, Ste 110, Denton TX 76205 940 484 LOAN (5626)
Allied Mortgage Capital Corp. Helen W Ikerd 4/23/98 1, 2, 5 N/A
1722 W Oak, Denton TX 75201 940 898 1694
Spamsh/
American Investment Mortgage Manny Uceda 11/23/98 1, 2, 3 Itahan/
2216 Loon Lake Rd, Denton TX 76205 940 380 0002 French
BOMAC Home Mortgage, Inc Company Vmk~ Cummings 7/17/96 1, 2, 5 Spamsh
405 S Elm, Ste 30, Denton TX 76204 940 484 1110
CBS Investment Company Bert Mahon 3/8/99 1, 2, 5 N/A
524 N Locust, State B, Denton TX 76201 940 898 7496
Countryside Lending Inc LeeRoy Schramm 3/23/99 2 N/A
2204 Quaff Run, Connth TX 76208 940 498 197
CTX Mortgage Company Dana Reynolds/
T~m Cranston 11/2/99 1, 2, 5 Spamsh
1660 S Stemmons Frwy #255, Lew~swlle TX 75067 (972) 219-9795
Grant Jacobsen/
First State Bunk of Texas Edward Stankunas 1/18/95 1, 2, N/A
100 S Locust, Denton TX 76201 940 381 7286
F&M Mortgage Co., Inc Rene6 Fmrchdd 10/1/99 1, 2, Spamsh
416 W Umverslty Dr #100, Denton TX 76201 940 387 7954
Jefferson Heritage Bank Rtchard LaBarbera 1/24/95 1, 2, 5 Spamsh
321 W Oak Street, Denton TX 76201 940 382 9676
The Funding Source Brad De~ghton 11/29/98 1, 5 N/A
5068 W Plane Hwy #300, Piano TX 75093 972 991 4100
MaxAmenca lhnancml Services R~chard Gdbert 11/19/99 1, 2, 5 Spamsh
2317 W Umvers~ty Dr, State B6, Denton TX 76201 940 891 3221
G~lbert Martinez/
PointBank, N A Wendy Broyles 12/27/99 1, 2, 5 Spamsh
524 S I34E, Denton TX 76205 940 484 4546
Precise Mortgage Services, Inc. Carol H~nton 3/25/96 1, 2, 5 N/A
1173 Bent Oak Dr Ste 100, Denton TX 76205 940 898 8066
Texas Bank Jessie Rennaker 6/27/95 1, 2, 5 N/A
729 Fort Worth Drive, Denton TX 76201 940 383 4600
Texas Residential Mortgage Corp. Stacy Curtis 2/2/00 1, 2, 5 N/A
1400 Dallas Dr Ste C, Denton Texas 76205 (940) 566-5363
Wells Fargo Home Mortgage Kathy Rodrtguez 7/14/00 1, 2, 5 Spamsh
702 Harbour Town Dr, Lake Dallas Texas 75065 (940) 497-2964
Types of Mortgage Loans O FHA (203b) $ Conventmnal $} FHA (203k) · VA
Date Rewsed July 2000
Page 9 of 11
l C~ty of Denton ~ Commumty Development D~ws~on
Homebuyer Assistance Program
NOTICE TO SELLER OF REAL PROPERTY
Regarding Non-Use of Emtnent Domam, Seller's Inehgtbthty for Relocation Assistance,
and Tenant's Relocation Assistance Rtghts
Thts ts advance nottce to the seller of real property, whtch may be purchased by a person recetvlng
asststance under the Ctty of Denton's Homebuyer Asststance Program (HAP), a federally funded
program, with down payment and closing costs
The seller (and/or owner and owner's agent) of any such property is nottfied of the followmg
I The prospecttve homebuyer does not have the power of emment domain, and wtll not purchase
the property tfnegottattons fail to result m an amicable agreement
2 The prospective purchase of the property under the HAP program ts a transactton between the person
recetvmg the HAP asststanee and the seller of the real property, therefore, any such sale ts not subject to
governmental agency's power of emment domatn, and a governmental agency wtll not be party tn the
transactton except as the provtder of asststance to the prospective purchaser and admmtstrator of the
asststance program
3 The owner/seller of real property to a prospective homebuyer recetwng HAP asststance under the
ctted programs is not ehg~ble for relocatton assistance under the Umform Relocation Asststance
and Real Property Acqmsltton Pohctes Act
4 A tenant occupant of real property required to move because the property ts purchased by a home
buyer assisted under thts program Is ehgtble for relocation asststance, tncludtng advisory servtces,
nottces of acttons and rtghts, movmg expenses, and replacement housing asststance The Ctty of
Der~ton will not assist tn the purchase of a house that is being rented unless the buyer and renter are
the same or the house has been vacant for 60 days
5 The Ctty ts requtred to provtde the seller an estimate of the market value of a property, whtch
may be subject to purchase by a homebuyer under th~s program prtor to an offer or the mtttatton of
negottattons to purchase the property The estimated market value of the property ~s
$ , based on the real estate market Thts market value does not estabhsh the
purchase price tn a voluntary sale The purchase prtce wtll be estabhshed through negottattons
Acknowledgement of Recetpt of Nottce to Seller
Received by Seller(s) Date
Date
Property Address , Denton Texas
Marl S~gned Not~ce to Ctty of Denton, Commtm~ty Development Dtvtston
100 W Oak, Sutte 208, Denton, Texas 76201 - OR ~ Fax 940 383 2445
PLEASE KEEP A COPY FOR YOUR RECORDS
Page 10 of 11
S \Our Documents\Ordmances\OOkHomcbuyer Assistance Program Ordinance doc
ORDINANCE NO
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
APPROVING GU'~ELINES FOR OPERATION OF THE CITY OF DENTON HOMEBUY'ER
ASSISTANCE PROGRAM AND ELIGIBILITY CRITERIA, AUTHORIZING
EXPENDITURES IN EXCESS OF $15,000 FOR PROJECTS MEETING PROGRAM
GUIDELINES AND CRITERIA, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the Ctty Councd of the C~ty of Denton recogmzes the need to asstst low and
moderate tncome families ~n secunng safe, samtary, and decent houstng, and
WHEREAS, the C~ty of Denton partm~pates ~n a Homebuyer Assistance Program
admxmstered by the C~ty of Denton Community Development Office and funded through a
federal grant from the Department of Houstng and Urban Development, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the City Councd approves the Homebuyer Assistance Program
Gmdehnes and Program Ehgxbd~ty Criteria which ~s attached hereto and made a part of th~s
ordxnance for all purposes as Exhibit "A" and authorizes the C~ty of Denton Community
Development Office to adm~mster th~s program
SECTION 2 That the C~ty Councd authorizes the expenditure of funds ~n excess of
$15,000 by the Com_mumty Development Office for projects meeting program gmdehnes and
criteria, subject to compliance w~th competitive bidding laws where apphcable
SECTION 3 That th~s ordinance shall become effective muned~ately upon ~ts passage
and approval
PASSED A_ND APPROVED this the __ day of ., 2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Page 11 of 11
Agenda Item~ -~?~
AGENDA INFORMATION SHEET
AGENDA DATE: September 26, 2000
DEPARTMENT' Commumty Development . l
CM/DCM/ACM: David M Htll, Deputy City Manager
SUBJECT
Consider adoption of an orchnance of the C~ty Council of the City of Denton,
Texas, approving the guidelines for the Rental Rehabthtatton Program and
ehg~b~hty criteria, authorizing expenditures m excess of $15,000 for projects
meetmg the program guldelmes and criteria, and prowdlng for an effective date
BACKGROUND
This ordinance approves guidelines and ehglb~hty criteria for the 2000 Rental
Rehabdltataon Program Passage of this ordinance reauthonzes project payments
that exceed $15,000 when the project meets the program's ehg~bthty criteria and
gmdehnes
On May 16, 2000, City Council adopted the 2000 - 2005 Consolidated Plan for
Housing and Commtmlty Development and the 2000 Action Plan The plan
included the use of $40,000 ~n the 2000 program year for the City's Rental
Rehablhtatlon program The number of umts to be assisted w~th these funds will
range from a m~mmum of 3 to a maxlmutn of 8 single-family rental units located
m targeted neighborhoods Owners prowde matching funding
The Guldehne's Quahfylng Income Limits are being adjusted to meet HUD's
annual quahfylng income adjustment No other changes to the guidelines are
being made
ESTIMATED SCHEDULE OF PROJECT
The program gmdehnes w~ll be in effect for renter-occupied rehab]htatxon
projects completed through September 30, 2001 Staff wall market funding
avmlabdlty through media advertisement The Commumty Development
Division's goal is to have all funds expended by 8/1/2001
PRIOR ACTION/REVIEW
On May 16, 2000, City Cotmml adopted the 2000 - 2005 Action Plan The Rental
Rehablhtatlon Program was an activity ~ncluded in th~s plan
Page I
FISCAL INFORMATION
The program 1s funded from $5,000 m funding remmmng from the 1996 CDBG
allocation and from $40,000 in funding approved by City Council from the 2000
CDBG allocation Additional funding may become available from rental rehab
program income
BID INFORMATION
Property Owners will be responsible for obtalmng project bids
EXItIBITS
1 Proposed Ordinance - Page 3
2 Rental Rehablhtatlon Program Guidelines - 2000 - Pages 4 - 32
Respectfully submitted
Llnda B Rathff fi/
Director of Community Development
Prepared by
Nancy L ~aker
Housing Rehabilitation Specialist
Page 2
ORDINANCE NO
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING
THE GUIDELINES FOR THE RENTAL REHABILITATION PROGRAM AND ELIGli3ILITY
CRITERIA, AUTHORIZING EXPENDITURES IN EXCESS OF $15,000 FOR PROJECTS MEETING
PROGRAM GUIDELINES .&.ND CRITERIA, AtND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the Ctty Council of the Ctty of Denton recogmzes the need to assist lo~v and
moderate mcome famthes tn secunng safe, samtary and decent houstng, and
WttEREAS, the Ctty of Denton has de,,eloped a program to rehaNhtate tenant occupied housing
umts by makang needed repatrs through tls Rental Rehabflttat,on Program, whtch ts admtmstered by the
Ctty of Denton Commumty Development Office and funded through a federal grant, NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the Ctty Councd approves the Rental Rehabthtatton Program Gmdehnes and
ehgtbthty criteria attached to and made a part of tNs ordtnance for all purposes, and authorizes the Ctty of
Denton Commumty Development to admtmster thts program
SECTION 2 That the C~ty Counml authorizes the expendtture of funds m excess of $15,000 by
the Commumty Development Office for projects meetmg program gmdehnes and criteria, subject to
comphance w~th competitive btdd~ng laws, where apphcable
SECTION 3 That th~s ordinance shall become effective ~mmedtately upon ~ts passage and
approval
PASSED AND APPROVED th. ts the day of ,2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Page 3
C]:TY OF bENTON
RENTAL REHAI~IL'rTA'T3:ON PRO~RAM
6UZbEL]:NE$
2000
Page 4
RENTAL REHABILITATION PROGRAM GUIDELINES
TABLE OF CONTENTS
6
INTRODUCTION .......
DESCRIPTION OF PROGRAM PROCEDURES 7
I ELIGIBILITY REQUIREMENTS 7
H APPLICATION PROCESSING 8
HI PROJECT SELECTION , 8
IV CONTRACTOR SELECTION, MONITORING AND DEBARMENT 9
V PAYMENT TO CONTRACTOR 10
VI. FINANCIAL ASSISTANCE OPTIONS 10
VII PROGRAM GUIDELINES 11
VIH. MINIMUM REHABILITATION STANDARDS 15
'19
APPENDICES .......
APPENDIX I - FAIR MARKET RENTS (FMRS) 20
APPENDIX II - RENTAL REHABILITATION PROCEDURES 21
APPENDIX III - APPUCATION FOR THE CITY OF DENTON .. 23
APPENDIX IV -TENANT ASSISTANCE POLICY 28
APPENDIX V - TENANT PRE NOTIFICATION SAMPLE L J= I I ~R ... 31
Appendix VI - Rental Rehabihta~on TARGET AREA MAP 32
Page 5
The C~ty of Denton Rental Housing Rehab~htatJon Program ~s designed to assist Iow and moderate-
~ncome fam~hes ~n secunng safe, sanitary and decent houstng Th~s program's ob]ect~ve ~s to
rahab~htate renter occupied housing un~ts by making needed repairs w~th the first priority as correcting
code wolat~ons
The Rental Rehab~htat~on Program ~s adm~n~sterad by the C~bj of Denton's Community Development
D~v~s~on and funded through a federal grant The Community Development D~ws~on ~s located at 100
VV Oak Street, Su~fe 208
The following pages contain a detailed description of the program ~nclud~ng policies and procedures
The purpose of these guidelines ~s to explain to potential chents and the c~t~zens of Denton, the Rental
Housing Rehabilitation Program and types of assistance available For fur[her mformat~on or
clanficat~on of the gu~dehnes, contact the CommumbJ Development D~wslon at 940-349-7726
Page 6
DESCRIPTION OF PROGRAM PROGEDURF.
I ELIGIBILITY REQUIREMENTS.
A AppllcantJ(Owner) Requirements Ehg~ble property owner(s) [hereinafter referred to as
Applicant] must
1 ) Be a c~bzen of the Umted States or a legal resident ahen
2) Maintain primary residence w;th~n the c~ty hm~ts of Denton
3 ) Own umt(s) to be assisted within a targeted neighborhood (see Appendix VII)
4 ) Hold fee s~mple ~tle to the property
5 ) Not have an annual gross household ~ncome above 150 percent of the current Dallas
metropohtan area median ~ncome (Table I A below hsts the FY 2000 maximum allowable
gross ~ncomes for Applicant, adjusted for famdy s~ze)
6) Exhibit the ability to pay monthly properbj expenses ~ncludmg mortgage payments, taxes,
~nsurance, ut~hty bdls, etc
7) Show proof of financial ablhty to fund the Apphcant potion of the rehab project
8 ) Prowde proof that all properbj taxes assessed by the various taxing egencles ;n Denton
County are pa~d ~n full
9 ) Obtain a statement of ~ncome on all tenants Income data must be venfied, ~ e, by
contacting the tenant's employer and/or obta~mng a copy of the tenant's latest ~ncome tax
return and/or obtaining cop~es of 1 month of paycheck stubs, etc Annual ~ncome includes
earnings (wages, pensions, etc ) spouse's earnings, interest from stocks, bonds, income
from real estate, pubhc assistance, etc Also, ~nclude amounts of any monies regularly
contnbuted to tenant(s) by any ether adult member of the family, chdd support payments,
SSI, etc
B Tenant Requirements The current tenants of a umt to be rehab~htatad w~th funding from th~s
program must be Iow or moderate income Low/Moderate income is defined as 80 percent
and below of the current Dallas metropohtan area median income (Table I B below hsts the
FY 2000 maximum allowable gross ~ncomes for Tenants, adjusted for family size )
Table I B - Tenant Income Limits
Table I A - Applicant Income Limits ; Maximum
.... '; M~a~d~m Household Tenant
HOU ~h~l ~iir Size Income
~: ? ih!~ [~co~e 1 $34,050
1 $ 61,050 2 $ 38,900
2 $ 69,900 3 $ 43,800
3 $ 78,600 4 $ 48,650
4 $ 87,300 5 $ 52,550
5 $ 94,350 6 $ 56,400
7 $ 60,300
Page 7
8 $ 64,200
II APPLICATION PROCESSING.
Any proper~ owners w~shmg to apply for Rental Rehab~htat~on assistance must complete the
apphcabon and all other required forms included ~n the proposal packet All ~nformabon on the
completed apphcat~ons w~ll be venfied by the Commumty Development staff If any ~nformabon ~s
found to have been intant~onally falsified, the apphcatlon w~ll be rejected and the apphcant w~ll not be
allowed to reapply If the applicant is determined to be ehg~ble for the program, a prehm~nary
inspecbon will be made of the dwelhng unit(s) The dwelling unit(s) must meet certain standards to be
considered eligible for rehab~htabon These standards are hsted below
· The umt(s) must be located w~th~n the recogmzed Rental Rehab~htat~on Target Area
(Appendix VII)
· The unit(s) must not be s~tuated ~n the Designated Flood Plain Area
· The umt(s) must be classified as a renter-occupied structure
· The umt(s) must be ~n an ex~st~ng condition that would permit rehab~htat~on to bnng
the structure to meet current C~ty of Denton building codes
· C~ty-approved water supply, sanitary sewer and electrical system must service the
unit(s)
· The unit(s) must be two bedroom or larger Preference w~ll go to three bedroom and
four bedroom un~ta
III PROJECT SELECTION
ProJect select~on w~ll be based upon an analys~s of the following factors
· Locabon of umt(s)
· Number of bedrooms
· Owner's ab~hty to obtain pnvate financing
· Number and extent of major health and safety wolabons to be corrected
· Tenant d~splacement (preference g~ven to no d~splacement)
· Economic faas~b~l~ty
· Amount of subsidy required
· Owner's Equity ~n prope~
· Potenbal ~mpact on neighborhood
· Track record of landlord ~n Iow income tenant placement
· Management and maintenance capab~hbes
· Quality of rehab~htabon plan
· Accesstblhty or adaptab~hty of unit(s) for hand~capped tenants
· Commitment by landlord to and/or hkehhood of Iow ~ncome tenant placement
Page 8
IV CONTRACTOR SELECTION, MONITORING AND DEBARMENT
A Contractors pa~c~pabng ~n the Rental Rehabilitation Program w~ll be selected by the eligible
Applicant The Applicant will be raqulred to solicit at least two b~ds from contractors based on
the pral~m~nary work spec~ficabons completed by the CD ~nspectar The Applicant shall also be
responsible for supplying all b~dders w~th a Community Development Contractor's Packet that
~ncludes the contractor ~nformat~on sheet, performance manual, and general spec~ficabons for
workmansh~p, all ~nsurance and bonding requ~raments, a contractor's eligibility cert~ficabon
form and a copy of the preliminary work write-up B~d proposals and all other requ~rad forms
from the contractors should be submitted to Commumty Development D~ws[on for rewew
B Acceptable bid proposals must fall wrlh~n a ten percent (10%) margin of the cost estimate
developed by the community development ~nspector THE CITY OF DENTON AND/OR THE
APPLICANT RESERVE THE RIGHT TO REJECT ANY AND ALL BIDS Any contractor
whose name appears on the most current HUD Debarred Contractor's bst w~ll not be eligible
to participate ~n th~s program
C Once the contractor has been selected and approved, a contract agreement must be s~gned
Before the contractor can start work, the Applicant must ~ssue a nobce to proceed
D The Applicant, the Commumty Development staff and the C~ty of Denton bu~ld~ng code
~nspectors w~ll monltar the contractor's work If the Applicant considers any work done by the
contractor to be unsabsfactory or ~ncomplete, the property owner should adwse the contractor
of the d~screpancy and ask that ~t be corrected
E Acceptance of Work
1) F~nal Inspection - In order for the contractor to close out a rehabilitation Job, a final
~nspect~on shall be made by the C~ty of Denton building code ~nspector, the Commumty
Development Inspector, and the property owner If the final ~nspect~on results ~n no
add~bonal work or no specified corrections, the property owner shall s~gn the contractor's
release form which states that all work has been completed to their (proper~ owner's)
satisfaction The building code ~nspector shall s~gn a final ~nspect~on form to confirm the
same At th~s t~me, the contractor ~s required to submit to the property owner cop~es of all
warrant~es and releases of I~ens from subcontractors and suppliers The Commumty
Development staff will not authorize payment to the contractor until these documents are
properly completed and submitted to the property owner and cop~es prowded to the
Community Development D~ws~on
2 ) Warranty of Work- As stated ~n the rehabilitation contract, the contractor shall guarantee
the work performed for a period of at least one year from the date of final acceptance
The owner ~s responsible for penod~c review of the work
F Contractor Debarment
1 ) A contractor w~ll be declared ~nel~gible to participate ~n projects funded by the C~ty of
Denton's Housing Rehabilitation Program for one or more of the following causes
2 ) Failure to complete a proJect w~th~n the prascnbed contract penod
3 ) Failure to complete warranty rapa~rs w~thln a reasonable bme penod
4 ) Fa~lura to use I~censed plumbing and electncal subcontractors
5 ) Failure to obtain proper ~nsurance, ~ e, both hab~l~ty and worker's cempensat~on
Page 9
6 ) Failure to complete work in accordance with program specifications and/or accepted
standards of workmanship
7 ) Failure to pay all subcontractors working on the project appropriately and/or submit
affidavits of payment signed by all subcontractors
8 ) Failure to obtain proper permits for work ~n progress
G Contractors wmll be notified of their proposed debarment and will be afforded the opportunity to
comment or appeal the a~on All appeals must be made ~n writing to the Community
Development Dlwslon at least 15 days after the date of the notification letter
V PAYMENT TO CONTRACTOR
A The contractor shall receive payment for all completed contracts w~th~n 15 working days after
final ~nspect~on and approval of all work Ten percent (10%) of the total contract amount w~ll be
w~thheld for 30 days At the end of this bme, the property owner must approve release of
conbngency funds
B An "All B~lls Pa~d" affidav~: or release of hen from all subcontractors and suppliers must be
submitted before payment Rental rehab~htabon part~al payment m~n~mum are as follows
projects over 50,000 at least 10% per draw, projects under 50,000 50% and final payment
VI FINANCIAL ASSISTANCE OPTIONS
Applicant ~s prowded w~th two assistance opbons
Option "1 The C~ty of Denton w~ll prowde 25 percent (or up to the maximum hm~t- whichever ~s lower)
of the amount needed to rehab[htafe the property Funds w~ll be prowded as a 10-year deferred loan
At the end of the 10-year penod, ~fall program guidelines have been met, the loan w~ll be forgiven
Opbon 1 Maximum L~mlts
$6,000 for three or more bedroom units
$5,000 for two bedroom units
(One-bedroom un~ts are not ehg~ble for assistance )
Option 2 The City of Denton will provide 50 percent (or up to the maximum hm~t- whichever is
lower) of the amount needed to rehablhtata the property The first 25 percent will be a deferred loan
(as descnbed in option 1 above) An additional amount of 25 percent (or up to the maximum hmlt -
whichever ms lower) will be a loan with a 2 percent interest rate There will be a 10-year loan term
Opbon 2 Maximum Limits
$6,000 as a loan and $6,000 as a deferred loan for three or more bedroom units
$5,000 as a loan and $5,000 as a deferred loan for two bedroom units
(One-bedroom units are not eligible for assistance )
Applicants are required to sign a oontract A hen will be placed on the property for the 10-year penod
Applicants are required to malntsln the property and affirmatively market the propeA¥ to Iow
and moderate-income households
* All project funding contnbutad by the Applicant will be placed in an escrow account with the City of
Denton prior to contract execution
Page 10
The owner must also comply w~th the terms of the note and mortgage that ~nclude the following
No conversion to condominiums or any bjpe of cooperabve ownership for the 10-year durabon of the
I~en
NO d~scnm~nat~on against tenants rece~wng Federal, State or local rental assistance for the 1 O-year
dura~on of the I~en
The project must be maintained according to adopted C~ty of Denton building codes ~n effect dunng
the year ~n which the rehabilitation took place
The owner must affirma~vely market vacant un~ts for the ten-year duration of the I~en using the "fair
housing logo" below
EQUAL HOUSING
OPPORTUNITY
The umt w~ll be made available and leased to persons whose ~ncome ~s less than 80% of the area
median income
If the Applicant wolate any of these rastnct~ons, the enbra amount of the loan less 10% for each full
year after completion of the rehab~l~tabon of the umts until the bme of default, w~lt be due and payable
~n full ~mmed~ately after the owner is nobfied that the loan must be repaid
VII PROGRAM GUIDELINES:
A Property owner agrees to comply with all HUD raqu~rements to not d~scnm~nate upon the basis
of race, ethmc~ty, rahglon, gender, d~sab~l~ty status or family status in the sale, lease, rental, or
use of occupancy of the subject property
B Property owner agrees to not award any contract for rehab~l~tabon work to be pa~d for ~n whole
or ~n part with the proceeds of the grant, to any contractor who, at the bme, ~s ineligible under
the prows~ons of any applicable ragulat~ons ~ssued by the Secretary of Labor, Umted States
Department of Labor, or the Department of Housing and Urban Development to receive an
award of such contract
C The tenant w~ll continue to occupy the premises dunng the rahab~l~tabon Any tenant requ~rad
to move temporarily or permanently as a result of the rehab~htat~on*, must be pa~d
relocatton/d~splacament costs as outhned ~n the C~bJ's Tenant Assistance Pohcy
*Any d~splacement including tenants who move out as a result of their ~nab~l~ty to pay ~ncreased rents,
ara cons~derad d~splaced D~splacement costs are the raspons~btl~ty of the prope~ owner
D ProperS/owner agrees that ex~st~ng house ut~hbj services w~ll be made available to the
contractor w~thout charge as follows electnc~ty, gas, watar and telephone (local calls only)
E Properb/owner agrees that the C~t7 shall be the agent for the owner and as such agent shall
hold both the owner's pnvate funds and all grant funds ~n escrow for the purpose of
d~sbursement thereof to the contractor
Page 11
F Property owner agrees that ~t is h~s/her sole responsibility to see that the contractor completes
the work spec~ried ~n h~s contract to the owner's satisfaction and that the C~ty of Denton has no
responsibility for any defects, faulty work or incomplete work by the contractor The owner
further agrees that the City has no I~ab~l~ty for warranty of any of the workmanship or materials
furnished by the contrector under the contract The owner further agrees that latent or hidden
cond~tions ~n the prepe~J which were not ~ncluded ~n the original inspection and work write-up
of the C~ty are not the respons~b~hty of the contractor nor of the City, but remain the responsi-
bility of the owner
G As part of the consideration for providing the funds to rehabilitate property as described here~n,
the property owner agrees to maintain and keep the property ~n good repair after the
completion of the work to be performed by contractor, taking tnto consideration the ability of the
owner to do so The property owner also agrees to maintain the property up to City of Denton
Building code standards that were ~n effect when the rehab~htat~on was completed Owner
agrees to do th~s dunng the term of the loan agreement and understands that if at anytime the
property fa~ls to meet these code standards, the loan amount w~ll become due ~mmed~ately
H The owner shall ~ssue a wntten Nobce to Proceed w~th~n thirty (30) days from the date of
acceptance of the contractor's b~d and proposal If the contractor does not receive the Nobce
to Proceed w~th~n th~s 30-day penod, the contractor has the opbon of w~thdrawmg h~s/her b~d
and proposal If the contractor chooses to do th~s, a wntten not~ce must be dehvered to the
owner w~th a copy to the C~ty The contractor shall not beg~n the work to be performed unbl
receipt of wntten Not,ca to Proceed from the owner after which the contractor shall beg~n the
work within ten (10) calendar days of the date of sa~d Not~ce and shall complete sa~d work
w~th~n s~xty (60) days or as agreed to ~n the Rehab~l~ta~on contract
I The contractor shall not assign the contract without written consent of the owner and the City
and/or ~ts agent
J The contractor shall not be responsible for any delays ~n the completion of work due to the
tollow~ng
1 ) Any acts of the government, ~nclud~ng controls or restrictions upon or requ~s~bonlng of
materials, equipment, tools or labor by reason of war, National Defense or any other
national emergency
2 ) Any acts of the owner
3 ) Causes not reasonably foreseeable by the parties to th~s contract at the t~me of the
execution of the contract which are beyond the control and without the fault or
negligence of the contractor;, ~ncludlng but not hm~ted to acts of God or of the pubhc
enemy, acts of another contractor ~n the performance of some other contract w~th the
owner, rites, floods, epidemics, quarantine restrictions, strikes, freight embargoes and
weather of unusual seventy such as hurricanes, tornadoes, etc
4 ) Any delay of the subcontractor occasioned by any of the causes specified m
Subparagraphs (A) (B) and (C) above, prowded that the contractor promptly (within 10
days) nobfles the Owner in wntlng of the cause of the delay If the facts show the delay
to be properly excusable, the owner shall extend the contract t~me by a penod
commensurate with the period of excusable delay
K The contractor shall not be held responsible for preexisting wolat~ons of law ~ncludlng but not
restricted to zoning or building code regulattons at the property I~sted ~n the contract Before
beginning work, the contractor shall examine the work write-up for comphance w~th the
applicable ordinance and codes for the new or replaced work and shall ~mmed~ately report any
d~screpancy to the owner Where the requirements of the work write-up fa~l to comply with
such applicable ordinances or codes for the new or replaced work, the owner and the C~ty w~ll
Page 12
adjust the contract by change order to conform to such ordinances or code and make
appropnate adjustment ~n the contract price unless waivers ~n wnt~ng covenng the d~fference
have been granted by the proper authority
The contractor shall comply w~th all non-d~scnm~nat~on clauses ~ncluded ~n the contract,
non-compliance may result m termination of the contract
Bids or proposals w~ll be submitted at the b~dder's risk and the City and/or the owner reserve
the right to dechne funding for projects not in compliance with the gu~dehnes
Subcontractors shall be bound by the terms and condlbons of the contract, ~nsofar as ~t applies
to their work Th~s shall not relieve the general contractor from the f~ll responsibility to the
owner for the completion of all work to be executed under th~s agreement and he shall not be
released from th~s respons~bllity by any subcontractural agreement he may make with others
When adjacent property ~s affected or endangered by any work done under this contract, ~t
shall be the responsibility of the contractor to take whatever steps ara necessary for the
protection of the adjacent prope~ and to notify the owner thereof of such hazards
Repairs shall be made to all surfaces damaged by the contractor resulting from h~s/her work
under this contract at no additional cost to the owner Whera 'repair of ex~sbng work" ~s called
for by the contract, the feature shall be placed m "equal to new cend~t~on" e~ther by patoh~ng or
replacement All damaged, loose or rotted parts shall be removed and replaced and the
finished work shall match adjacent work ~n design and d~mens~on
After the final ~nspectton and acceptance by the owner of all work under the contract ~nclud~ng
cleanup, the contractor shall submit to the owner for approval a requisition for payment When
the required warrant~es and other requ~rad documents have been submitted and the contractor
has executed the release of liens, the final payment w~ll be made The payment w~ll include
any amounts rema~mng due under the contract as adjusted ~n accordance w~th approved
change orders Payments w~ll be made w~th~n 15 days of formal requ~s~bon for payment
Part~al payments w~ll be made at d~scret~on of the owner wtth the consent of the C~ty
A Rehab~htat~on Loan may be made to cover the cost necessary to bnng the dwelhng ~nto
conformance with C~ty of Denton Codes The two categones of repairs hsted below are to be
~ncluded as pnonty items
1 ) Required Repa~ra Code wola~ons which create hazardous conditions ~n regard to
safefy or health w~ll generally ~nvolve the basic heating, plumbing or electrical systems
2 ) Recommended Repairs Code correct~ons or preventive maintenance efforts which
should be undertaken to avoid more costly futura acbon
3 ) Heating, plumbing and electncal ~mprovements
4 ) Weathenzat~on
5 ) Extenor work such as roofing, s~d~ng, painting, step and pomh repair and reta~mng walls
6 ) I ntenor work such as renovation and repair of ex~sbng k~tchen and bath facilities
The Denton Central Appraisal D~stnct automatically reappraises any house where a building
permit ~s ~ssued Participants ~n the Rehab~l~tabon Program should be aware that the
appraised value of their property m~ght ~ncrease which consequently may cause their yearly
property taxes to ~ncrease The policy shall be thoroughly explained to any person applying for
rahabil~tat~on assistance
Page 13
T Change orders may be made to cover an item of work that cannot be determined until
sometime dunng the course of the rehab~l~tet~on work Change orders w~ll be considered as
follows
1 ) Change orders are used to add work necessary to correct ~nc~p~ent ~tems that have been
found to be defecbve after work ~s ~n progress but were not anticipated at the t~me the
contract was executed
2 ) The change order amount ~s I~m~ted to a maximum of 10 pement (10%) of the total
contract amount If ~t ~s necessary to request a change order to make required repairs
and the contract ~s already at the maximum amount, a work ~tem of less pnonty w~ll be
deleted from the b~d proposal ~n order to compensate for the added amount
3 ) Change orders w~ll be used when it is necessary to delete work from a contract for any
reason VVhen ~tems are deleted from the contract, they shall be at their prewously b~d
amount When items are deleted, but do not have specific costs, ~n such cases the
contract shall be reduced by negotiating the cost at prevailing rates
4 ) All change orders shall be executed by the property owner, contractor, and a
Community Development official
5 ) Except for the purpose of affording prote~on against any emergency endangering I~fe
or property, the Contractor shall make no change ~n the work or rehabilitation, provide
any extra or additional work or supply additional labor, serwcas or materials beyond that
actually requ~rad for the execution of the contract
6 ) All change order requests must be submitted by the contractor, signed by the
homeowner and approved by Community Development No claim for an adjustment of
the contract price by the contractor or homeowner w~ll be valid unless th~s ts done
7 ) The approval of a change order shall constitute authorization by the property owner and
Community Development to change the loan amount equal to the cost of the work
added or deleted, unless all available funds have been utilized If th~s ~s the case, the
owner must absorb the total cost or delete non-code ~tems In order to pay for the work
descnbed in the change order
8 ) It may be necessary to change the t~me of completion due to the addition of certain work
~tems or delays that are beyond the contractor's control
U If the work completed IS not ~n accordance w~th the construction contract, Community
Development shall adwse the property owner of the noncompliance who then shall obtain
appropriate acbon from the contractor No payment shall be processed on a construction
contract until a contractor has sat~sfactonly completed all necessary corrective ac~on
V The owner shall be able to select the color and style of certain materials (~ e carpet, floor
covenng, paneling, paint, etc )
W The contractor warrants that all matenals, fixtures, and equipment furnished by the contractor
and its subcontractors shall be new, of good t~tle and that the work w~ll be done in a neat and
workmanhke manner Neither the final payment nor any prows~on ~n the contract nor Part~al or
entire use or occupancy of the premises by the owner shall consbtute an acceptance of work
not done ~n accordance w~th the Contract or relieve the Contractor of liability m respect to any
express warranties or responsibility for faulty materials or workmanship The contractor shall
promptly remedy any defect ~n the work and pay for any damage to other work resulting
therefrom that may appear w~th~n a penod of one year from the date of final acoeptance of the
work unless a longer period ~s specified The owner w~ll give nottca of observed defecte w~th
reasonable promptness
Page 14
X Mobile homes ara not eligible for rahab~l~tat~on
Y Interest of certain federal and other officials
1 ) No member or Delegate to the Congress of the United States and no Resident
Commissioner and no federal employee shall be adm~fted to any share or part of this
contract or to any benefit to arise from same
2 ) No member of the governing body of the C~ty and no other public official of or within the
City or County who exercises any functions or responstb~l~t~es ~n connection with the
adm~mstrabon of the Commumty Development Block Grant Program and no other
employee of the Department of Planning and Community Development who exercises
any such funcbons or raspons~b~l~bes shall have any ~nterast, d~ract or ~ndlract, ~n
rahabtlltat~on proceeds which ~s ~ncompat;ble or ~n conflict with the discharge or
fulfillment of his functions and rasponslb~l~bes ~n connection w~th the carrying out of the
Housing Rehab~lltet~on Program The length or,me th~s exclusion shall be ~n effect ~s
one (1) year following the ending of term of office and shall be binding upon, but not
I~m~ted to, all of the ind~wduals and agencies hera~n described
Z The property owner agraes that for a penod of ten years after the project ~s completed not to
convert the rahab~l~tated units to condominium ownership If the owner does convert
rahablllteted umfs to condomlmum ownership, the entire loan amount shall be due
immediately
AA The property owner agrees not to dlscnm~nate against prospective tenants on the basis of their
race,pt of or eligibility for, housing ass~stence under any Federal, State or local housing
assistance program, on the bas~s that the tenants have a minor child who w~ll be ras~d~ng w~th
them, or on the basis that they ara a handicapped ~nd~vlduals
BB The property owner agrees to maintain the rehabll~teted properbJ up to adopted City of Denton
Building Code Stendards ~n effect the year in which the rahabll~tet~on was completed Th~s w~ll
be applicable for a penod of at least ten years after the project is completed
CC The property owner agraes to comply w~th appltcable lead-based paint regulations
DD The property owner agrees to comply with the C~ty of Denton's Tenant Assistance Policy,
~nclud~ng execution of all tenant notifications outlined In the policy Cop~es of all tenant
correspondence must be subm~fted to the Commumty Development Diwslon
VIII MINIMUM REHABILITATION STANDARDS
Roofs
Roofs should not leak and have no ewdence of rotted decking, fascia or soffit Any roof w~th two or
mora layers of roofing must be stnpped to the decking If ~t ~s determined a new roof ~s necessary the
decking must be checked for broken or rotted decking and shall be repaired or raplaced as needed
VVhera new decking ~s requ~rad the matenal shall be one-half ~nch plywood or one-half ~nch wafer
board to be used w~th H cl~ps between sheets All roofs that are stripped shall be replaced w~th new
felt paper, the proper flashing and metal dnp edge w~th 240 pound shingles Any roof w~th less than a
4/12 p~tch shall be covered w~th rolled roofing, w~th at least 12 ~nches of lap, ~f ~nstallat~on of rolled
roofing ~s not sufficient to promote proper run off roof will be rebuilt
Page 15
Siding and Trim
All extenor s~d~ng and tnm shall be free of holes, cracks or rotted matenal that m~ght admit moisture
~nto walls New s~dmg may be applied only ~f the cost of new s~dmg and ~nstallat~on ~s comparable to
the repair and painting costs of the ex~st~ng s~d~ng
Windows
All w~ndows and hardware shall operate sat~sfectonly Cracked or broken w~ndows shall be replaced
Window glazing shall be weather t~ght and w~ndows shall be weather stripped so as not to allow entry
of a~r and water around the glass, sashesorw~ndowcas~ngs AIIw~ndowsshall have screens and
working locks
Dralnal:le
The grade of concrete or d~rt should dra~n at least five feet away from foundation walls
S~te Improvements
All replaced concrete surfaces ara to be level w~th the w~dths to match the ex~stmg surfaces
All steps both concrete or wood that pose a threat to the occupants shall be repaired or, If necessary,
replaced with treated matenal or concrete
Foundations and Piers
Skirting shall be s~x (6) roches underground level If ~t ~s necessary to ~nstall skirting, new 22 or 24
gauge skirting shall be used
K~tchens
K~tchens shall have a specific area that conts~ns a sink w~th hot and cold running water, counter
workspace, and space for storage of cooking utensils
Stairs
All sta~re shall provide for the safety of ascent and descent All treads and risers should show no
ewdence of breakage or have evidence of excessive wear All stairs shall be equipped w~th handrails
Utility Areas
Gas or o~1 fired water heaters or furnaces shall not be located ~n the bathrooms or bedrooms In
addition to all plumbing and electncal codes, water heaters and furnaces shall be enclosed w~th a
sealed door and adequate upper and lower combustion a~r All washer and dryer hookups must meet
C~ty Code
Structural System
The wood, masonry or steel components shall be ~n se~wceable cond~t;on for the expected useful I~fe
of the rehabihtated building Structural members that are ~n seriously deteriorated cond;t~on shall be
replaced
Sagging and unleveled floors shall be ra~seq and stabilized as level as possible w~thout causing
anterior damage
Termite inspection and treatment shall be done ~f ewdence of active ~nfestat[ons ex~st A certified pest
control company w~ll carry out the treatment and present documents of proof
Page t6
Electdcal System
All replacement of ex~sbng w~nng and equipment shall be done ~n conformance w~th the Nat;onal
Electnc Code and the C~ty of Denton Code Any potential source of electrical hazard or ;gnat,on of
combustible material shall be corrected
GFCI outlets shall be used m bathrooms, k~tchen, garage, and exterior receptacles Additional outlets
shall be added to ehmmate extension cords and, at the request of the C~ty Inspector, to meet C~bj
Codes
Plumbing
The plumbing system shall operate free of fouling and clogging, and not have cross-connections which
permit contamination of the water supply or back s~phonage between fixtures
All s~nks, lavatories, water closets, water heater, and other plumbing fixtures shall have accessible
cutoffvalves All fixtures shall have P-traps, necessary vents and be properly connected to a pubhc or
private sewage d~sposal system All sewer hnes shall have accessible cleanouts All water heaters
shall be ~nstalled w~th double wall vent stack, a pop-off valve, and overflow to the exterior of the
structure
Mechanical Equipment
All gas fired heating un~ts must be vented w~th double wall p~pe and proper upper and lower
combustion air The unit shall not be Installed ~n a hwng area such as bedrooms or under stairways
Rigid gas p~pe must be used to supply heabng un~ts w~th a maximum of three (3) feet of flexible p~pe
from the stop to the apphance All ductwork shall be properly sealed from the heat source to the
register vent and from the return a~r supply to the heat source A gas p~pe pressure test ~s required
All leaks must be repaired
Insulation and Weatherlzatlon
An "R-30" ~nsulabon value ~n the at~c shall be required
Exterior Doors
All exterior doors shall be sohd core All looks shall be capable of bghtly secunng the door and shall be
readily operable from the ~ns~de w~thout the use of keys Ali extenor doors shall be weather stnpped so
that there ~s no s~gmficent entry of a~r or water ~nto the structure
Porches and Decks
AIl porches and decks shall be sate and capable of supporting anticipated loads AIl porches and
decks m deteriorated condition and which serve no use~l purpose or which are not economically
repa~reble shall be removed
Porches and decks 30 ~nches above grade shall have guardra~ls and fl~ghts of stairs w~th four or more
risers They shall have a handrail on at least one stale
Gutters and Downspouts
Gutters and downspouts should ex~st where they are deemed necessary to promote proper drainage
Gutters w~ll not normally be ~nstslled ~f they do not already ex~st
Downspouts that cannot be connected to dram t~les shall have splash backs w~th proper s~te grading
Page 17
Chimneys and Vents
Furnace and water heater vents shall be double wall vent pipe
Ex~sbng unlined masonry chimneys hawng open mortar Joints or cracks shall be removed or made
safe by ~nstallat~on ofa UL approved flue I~ner
Vent-a-hood stacks shall be vented through the roof
Intsrlors
All floors, walls, and ceilings shall be maintained ~n good, clean, and samtsry condition All peeling
paint, cracked or loose plaster, and other defectJve surface conditions shall be eliminated AIl doors
shall be operational
Carpet and wnyl that is badly worn, fern or too d~rty to be cleaned shall be replaced Th~s shall be
determined by the C D Inspector Ex~stmg carpet shall be cleaned with a commem~al steam cleaner,
~f necessary
Bathrooms
An operational water closet, tub or shower, and lavatory should be tn the bathroom Hot water should
flow to the lavatory and tub or shower Cold water should be suppl~ed to all fixtures E~ther a w~ndow
or an exhaust fan must be present to properly vent the bathroom
Cabinets
Butlt.~n k~tchen cabinets shall be repaired up to 50 percent of the cost of new cabinets Bathroom
ceb~nets are not raqu~red
Page t8
I APPENDIX I FMR's
APPENDIX II - RENTAL REHABILrFATION PROCEDURES
The following I~st of procedures ~s designed to ~nsure that property owners understand their
respons~b~ltties under the Rental Rehabll~tabon Program Please call the Commumty Development
Office at (940) 349-7726 ~f you have any quesbons regarding these procedures
1 ) Return completed application Include a copy of property deed, tax receipts from all
tax~ng entlt~es, proof of ~nsurance coverage on the property and documentation of all
owner(s) ~ncome and assets*
2 ) A set of work specifications must be drawn up by the owner and approved by the
Community Development Office
3 ) The owner of the proposed property w~ll bear the responsibility of contacting at least
two general contractors, who will submit b~d proposals These propceals must remain
within a margin of tan percent of the es~mate determined by the Commumty
Development Office
4 ) Upon project approval, a t~tle search must be submitted
5 ) Cert~ficabon that all tenants have received t~mely written nobce that they w~ll not be
d~splaced by the project must be submitted w~th~n two weeks of application
submission A copy of the City of Denton's Tenant Assistance Policy must
accompany the notice to the tenant
6 ) Requests for all ~ntenm and final payments should include an ~tem~zed I~st of
completed work and its cost and two "Requests for Payment~' s~gned by both the
property owner and the contractor IT IS THE CONTRACTOR'S RESPONSIBILITY
TO FILE ALL NECESSARY PAPERWORK WiTH COMMUNITY DEVELOPMENT
7 ) A final ~nspect~on must be completed by Community Development
8 ) Final payment ~s contingent on receipt of the following by Community Development
a) signed affidawts from all subcontractors stating that they have received full
payment
b) affidavit fi.om general contractor and s~gnature on I~en assignment
c) two executed requests for payment
* Documentation of ~ncome sources may ~nclude but ~s not I~m~tad to the following
· Current year's ~ncome tax Return w~th W-2's for each household member who has
filed tax returns
APPENDIX II
PAGE 2'1
· Most current Social Secunty ~nccme statement ~f applicable
· Paycheck stubs for last four weeks for each employed household member
· Names and addresses of all rebrement ~nccme or any other ~ncome sources (ALL
INCOME SOURCE8 AND ASSETS MUST BE DISCLOSED-RETIREMENT,
RENTAL/HAP INCOME, AFDC, FOOD STAMPS, PROPERTIES OWNED, ETC )
· D~vome decree ~f you receive child/other support from a d~vorce or if you were
awarded property through a d~vorce
· Name, address, account number(s) of all banks, credit umons, sawngs banks, IRA
accounts, etc for all household members who have any such accounts
APPENDIX II
PAGE 22
APPENDIX III - APPUCATION FOR THE CITY OF DENTON
RENTAL HOUSING REHABILITATION PROGRAM
OWNER PROPOSAL FORM
CONTACT AGENCY COMMUNITY DEVELOPMENT OFFICE
100 W OAK, SUITE 208
DENTON, TX 76201
TELEPHONE NO (940) 349-7726
INSTRUCTIONS PLEASE COMPLETE ALL SECTIONS OF THIS OWNER PROPOSAL FORM
IF YOU NEED ASSISTANCE IN COMPLETING THE FORM, CONTACT THE
AGENCY LISTED ABOVE
SECTION I OWNERSHIP DATA
A COMPLETE THE INFORMATION BELOW FOR ALL OWNERS OF THE PROPOSED PROPERTY
fAC) ,,
1Shone ,v
NAME STREET CITY STATE
ADDRESS ZIP
B TYPE OF OWNERSHIP (check one)
[] (a) Sole Owner [] (b) Parmershlp
[] (c) CorporaUon [] (d) Lnmted Parmership
[] (e) Other
C PROPERTY ADDRESS
No Street Umt No(s) C~ty
D BUILDING DESCRIPTION
APPENDIX III
PAGE 23
[] Single Family [] Duplex [] Tn-Plex [] Four-Plex
E BUILDING STRUCTURE
[] Frame [] Brick [] Masonry [] Other
F FOR' EACH UNIT IN THE PROJECT PLEASE PROVIDE THE INFORMATION REQUESTED IN THE
FOLLOWING TABLES
The following mformaUon must be provided on all erastmg tenants Apphcatlons will not be processed untd all tenant mformanon ~s
recetved
Tenant's Name Curren Apt No Over Ethmc *FEM Hanth- Section Income
Rent No Occupants 65 Code HHH Capped 8
NOTE for the table above usc the following codes
Ethmc Codes 1 - Wtme 2 - Black 3 - Amer Inthan/Alaskan Natave
4 - As]an Pacffic Islander 5 - Htspamc 6 - Other
* Please note a female head-of-household ts a single female with dependent children
Sect]on 8 rectptent Codes C - Cemficate V - Voucher N - None
SECTION II PROPERTY DATA
A NOTE PROVIDE INFORMATION FOR ALL UNITS
UNIT NUMBER
NUMBER OF BEDROOMS, EXISTING
NUMBER OF I~EDROOMS, AFTER REHABILITATION
CURRENT RENT
PROJECTED RENT AFTER REHABILITATION
UNIT OCCUPIED (O) OR VACANT
B ORIGINAL MORTGAGE
APPENDIX III
PAGE 2,4
Orlg Amount Mortgagee Balance
C OTHER LIENS
Amounts Lten Holder Total Due
D ORIGINAL PURCHASE PRICE
E DATE OF PURCHASE
F ESTIMATED MARKET VALUE OF PROPERTY (Attach recent apprmsal) $
G DOLLAR AMOUNT OF RECENT CAPITAL IMPROVEMENTS $
DESCRIBE IMPROVEMENTS BELOW
H AMOUNT OF INSURANCE COVERAGE $-
I NAME OF INSURANCE COMPANY (Attach copy of pohcy)
J AMOUNT OF RENTAL REHABILITATION FUNDS REQUESTED FROM CITY $
K FINANCING OF OTHER REHABILITATION COSTS NOT COVERED BY THE RENTAL REHABILITATION PROGRAM
1 AMOUNT OF ESTIMATED OWNER COSTS FOR REHABILITATION TO BE PAID FROM OWNER'S FUNDS
(EQUITY)
$
2 AMOUNT TO BE BORROWED FROM PRIVATE LENDING INSTITUTION $~
NAME OF LENDING INSTITUTION
3 ANTICIPATED INTEREST RATE AND LOAN PERIOD % for years
APPENDIX III
PAGE 25
SECTION III PROPERTY OWNER INCOME DATA
Note Owner income eligibility is based on househoM income which includes the ~ncome of all working members of the
household, If the property is owned by a partnership or corporation, a/l partners and/or principals must be mcome
ebglble
Please hst all income amounts below and provide documentat~an of each income source (To be completed by all households w~th
ownership m the property )
~ Househoid Household
In ~ Member Member
fp .r n T al
Salary
Overtime pay
Fees/tIps
Comrmss~ons/bonuses
Interest and/or thwdends
Net income from business
Net rental income
Somal Security, pensions
retirement
Unemployment benefits, workers
compeQsatlon, ere
Alunony, child support
Welfare pymts, AFDC, food
stamps, Ctc
Checking accounts
Savings/CD accounts
Stocks, bond, etc
Rental property income
Value of private resldance
Life Insurance
Other
APPENDIX III
PAGE 26
SECTION IV CERTIFICATION
THE OWNER/CO-OWNER CERTIFIES (1) THAT HE/SHE HAS READ THE RENTAL
REHABILITATION PROGRAM GUIDELINES AND UNDERSTANDS THE PROCEDURES AND
REGULATIONS DESCRIBED THEREIN, (2) THAT HE/SHE AGREES TO ABIDE BY THOSE
PROCEDURES, REGULATIONS, AND CONDITIONS, AND (3) THAT THE INFORMATION
CONTAINED IN THIS APPLICATION AND PROPOSAL IS TRUE, CORRECT, AND COMPLETE
THE APPLICANT AGREES NOT TO DISCRIMINATE UPON THE BASIS OF RACE, AGE,
GENDER, DISABILITY, FAMILY STATUS, CREED OR NATIONAL ORIGIN IN THE SALE,
LEASE, RENTAL, USE, OR OCCUPANCY OF THE REAL PROPERTY REHABILITATED WITH
ASSISTANCE FROM THE RENTAL REHABILITATION PROGRAM
VERIFICATION OF ANY OF THE INFORMATION CONTAINED IN THIS APPLICATION MAY BE
OBTAINED FROM ANY SOURCE NAMED HEREIN
THE APPLICANT CERTIFIES THAT HE/SHE HAS NOT REQUIRED ANY TENANT TO MOVE
WITHOUT CAUSE, SUCH AS VIOLATION OF THE LEASE OR LOCAL LAW DURING THE 12
MONTHS PREVIOUS TO THE DATE OF THIS APPLICATION
Owner's Stgnature Social Security Number
Date
Co-Owner's S~gnature Social Security Number
Date
ITEMS TO INCLUDE WITH THIS APPLICATION
1 A COPY OF THE DEED
2 PICTURE(S) OF THE BUILDING AND, IF AVAILABLE, PICTURES OF THE INSIDE OF THE UNIT(S)
3 PROOF THAT PROPERTY TAXES AND ALL UTILITIES ARE PAID IN FULL INCLUDE A RECENT
TAX STATEMENT SHOWING PROPERTY VALUE
4 DOCUMENTATION OF OPERATING EXPENSES, TAXES AND INSURANCE
5 SIGNED LETTER FROM ALL EXISTING TENANTS STATING THEY HAVE RECEIVED A COPY OF
THE TENANT ASSISTANCE POLICY AND UNDERSTAND THEIR RIGHTS ACCORDING TO THE
POLICY A COPY OF THE POLICY AND A SAMPLE LETTER ARE ATTACHED
6 INCOME DOCUMENTATION arid COMPLETED AND SIGNED INCOME VERIFICATION FORMS
APPENDIX III
PAGE 27
Community Developmen
Dlwsto
APPENDIX IV - TENANT ASSISTANCE POUCY
Rental Rehabilitation Program
Introduction
The regulations for the Rental Rehabilitation Program (24 CFR 511 10(h) require grantees to adopt a wntten
Tenant Asststance Policy The purpose of the Tenant Assistance Policy ~s for the granfee to articulate how it will
assist tenants currently I~wng ~n or mowng ~nto projects rehabilitated under ~ts Rental Rehabilitation Program
C~ty of Denton residents have been made aware that the policy exists and that the policy is available to tenants
~n projects selected for rehab~htation
Definition of Displacement
The term "d~splaced person" means any person that moves from real property, or moves personal
property from real property, permanently and ~nvoluntary as d~rect result of rehab~htation, demohtion or
acquisition for a Rental Rehabilitation Program project Permanent, ~nvoluntary moves for a Rental
Rehabilitation Program proJect ~nclude
A A permanent move from the real property following notice by the property owner to move
permanently from the property, ~f the move occurs on or after the date that the owner submits a
request for Rental Rehab~htation Program assistance that ~s later approved and funded
B A permanent move from the real prope~ that occurs before the submission of the request for
assistance to the C~ty, ~f e~ther the C~ty or HUD determines that the d~splacement resulted d~rectly
from rehab~l~tabon, acquisition, or demolition for the project
C A permanent move from the real property by a tenant-occupant of a dwelling umt that occurs after
the execution of the agreement between the owner and the tenant ~f,
1 The tenant has not been prowded a reasonable opportunity to lease and occupy a suitable,
decent, safe and sanitary dwelling in the same bu~ld~ng/ccmplex following the completion of
the project at a rent, ~ncludmg average utility costs that does not exceed the greater of'
The tenant's rent and estimated average utility costs before the execubon of the agreement
between the C~ty and the owner or the total tenant payment as determined under 24 CFR
813 107, ~f the tenant ~s lower ~ncome, or 30% of gross household ~ncome ~f the tenant ~s not
lower income, or,
2 The tenant has been required to relocate temporarily but
The tenant ts not offered payment for all reasonable out-of-pocket expenses ~ncurred m
connection w~th a temporary relocation, ~nclud~ng the cost of mowng to and from the
temporarily occupied housing and any increased rent and utihty costs, or other cond~bons of
APPENDIX IV
Page 28
the temporary relocabon are not reasonable, and the tenant does not return to the
building/complex
3 The tenant ~s required to move to another umt w~th[n the building/complex but ~s not offered
reimbursement for all reasonable out-of-pocket expenses recurred m connection w~th the
move or other conditions of the move are not reasonable
A pemon doee not qua#fy as a displaced pereon, however, ~f the person has been evicted for cause
based upon a senous or repeated vlolabon of mafenal terms of the lease or occupancy agreement and
the C~ty determines ~f the ewct~on was not undertaken for the purpose of evading the obligation to
prowde relocation assistance or the person moved into the property after the owner's submission of the
request for assistance but, before commencing occupancy, received written not, ca of the owner's intent
to term~nata the person's occupancy for the project or the person ~s an owner-occupant who moves as
a result of the rehab~htat~on of the real property or the person ~s ~nehg~ble under 49 CFR 24 2(g)(2) or
the City determines that the person was not d~splaced as a d~rect result of the acclu~slt~on, rehablhtat~on
or demoht~on for the proJect and the HUD office concurs ~n that determination
II Relocation Assistance
Relocation assistance ~s available to tenants from two sources
A Rental rehabilitation f~nd~ng as prowded ~n CFR 511 10(g) (iv)
B Section 8 assistance prowded by the Denton Housing Authority
Permanent Relocation Aeeletsnce
Mowng expenses will be prowded to a fem~ly or ~ndlwdual displaced from any dwelling They may, at
their d~scret~on, choose either a payment related to actual mowng expenses or the fixed mowng
expense and d~slocat~on allowance ~nd~cated ~n the federal register by the Department of
Transportation Replacement housing assistance can be taken ~n one of two ways
Tenants will be screened to determine ~f the family ~s ehg~ble to receive a housing voucher/certificate
When available, housing vouchers/certificates w~ll be offered to families who are permanently
d~splacad In the absence of vouchers/certificates or when a tenant ~s found to be ~nellglble 0ffor
reasons other than not being Iow income), the Public Housing Authority w~ll prowde at least one referral
to an available decant, safe, and samtary unit Tenants eligible for a replacement housing payment
may also elect to obtain a cash payment which w~ll allow them to rent a comparable replacement
dwelling for a 42-month period or purchase a replacement dwelhng
Tenants ell;llble for a replacement houeln, oavment include
1 Those d~splaced from a dwelhng occupied at least 90 days prior to the execut;on of an
agreement between owner and the C~ty and,
2 Those d~splaced from a dwelhng that they d~d not occupy for at least 90 days ~mmed~ately
before the execution of the agreement between the owner and the grantee/recipient
Generally, replacement housing payments w~ll be the monthly rent and average ut~hty costs
at the d~splacament dwelhng or 30% of the tenants average monthly gross ~ncome If a gap
exists between the new cost of housing w~th Section 8 assistance and the old costs,
replacement housing payments w~ll be made to cover the gap
Temporary Relocation Assistance
APPENDIX IV
PAGE 29
All tenants tamporanly relocated from their residence w~ll be reimbursed for all out-of-pocket expenses
~nourred in connection w~th the move
III Provisions of Assistance
Tenant Assistance w~ll be prowded from three sources
A The property owner - The property owner will be charged with informing h~s/her tenants of
their nghts under the Untform Relocation Assistance and Real Property Acqu~slbon Policies Act of
1970 (UP, A) The property owner w~ll pmwde the Community Development D~wslon w~th
ewdence of communication to tenants concerning these matters
B Commumty Development Division - The Community Development staff w~il be responsible for
counseling tenants regarding the appropnatsness of replacement housing payments Commumty
Development staff w~ll also be responsible for complaint resolution and referral of tenants to the
DHA for additional ass~stanca
C The Denton Housing Authority - The DHA w~ll perform the following tests related to tenant
assistance 1) cert~tylng eligibility of tenants, 2) issuing vouchers/certlficatss, 3) not,tying and
counseling tenants of their r~ghts and rules of participation, and 4) ~denbty~ng suitable replacement
dwellings
IV Denton Housing Authority Policies
The DHA provides counseling and application assistance at their office located at 308 S Ruddell
Applicants ~nclud~ng all ~ncome venficabons must be submitted to the office pnor to any consideration
for Section 8 or other public housing ass~stsnce
Each applicant found to be eligible is placed on DHA's wa~tJng I~st Any applicants found to be eligible
under one of the federally mandated preference categones will be moved to the appropnate pos~tion on
the wa~t~ng list
Se~on 7 of the C~ty's Memorandum of Understanding w~th DHA states that"DHA recogn~.es that
some tenants residing ~n units rehab~l~tsted w~th rental rehabilitation funds may quality for preferential
treatment under federal guidelines" Those households whose rent burden ~s 50% or more of
household ~ncome w~ll be entitled to move forward on the DHA's waiting I~st along with others who fall
~nto the rant burdened category
V Equal Housing Opportunity and Non-Discrimination
The Community Development D~ws~on and the Denton Housing Authority are charged w~th upholding
~nd~wdual nghts under the Federal Fair Housing law
The Commumty Development Diws~on administers the C~ty's Fair Housing Ordinance Ordinance No
81-33 declares "The policy of the City against d~scnm~natlon in housing"
The City and DHA agree not to d~scnminata ~n pmwd~ng ~nformabon, ceunsel~ng, referrals or other
relocation sen/ices to persons d~splacad by rental rehab~lJtst~on actlwt~es The C~ty and DHA also
commit that the pracbcas and methods using and adm~n~stenng th~s program w~ll not result in th~s
displacement of persons because of their partJcular race, color, religion, sex, handicap, family status or
national orlg~n
For further ~nformatJon, please call the Community Development D~vls~on at 940-349-7726 The Community
Development Diws~on ~s Iocatad ~n the Texas Building at 100 W Oak, Suite 208, Denton, TX 76201
APPENDIX IV
PAGE 30
APPENDIX V - TENANT PRE NOTIFICATION SAMPLE L.t:,, ,-R
Dear Tenant
This letter ~s to let you know that the rental unit where you I~ve ~s being considered for
rehabilitation through the U S Department of Housing and Urban Development Rental
Rehabilitation Program under the City of Denton's Rental Rehab#ltatlon Program
ELEAE~ D~I This renovat;on proJect ~s being considered ~n order to prowde
you w~th a safer, more comfortable and attractive place to I~ve If you move w~thout rece~wng
a notice to vacate fi.om the owner, you may not be ehg;ble for relocabon assistance
We do not foresee you or any other resident w~ll be d~splaced by the rehab~l~tatton However,
~f for some unforeseen reason d~splacament should become necessary, relocabon ass;stance
w~ll be prowded for you Th~s assistance ~s descnbed ~n the attached Tenant Assistance
Policy, which contains many ~mportant facts regarding the rental assistance available to you
If you need more ~nformabon or need further explanation, please contact (OWNER) at
(TELEPHONE NUMBER), or Alma Esp~no w~th the C~ty of Denton at 940-349-7756
Thank you for your cooperation Ptease keep ~n mtnd th~s project ~s s~mply under
consideration at th~s tJme so PLEASE DO NOT MAKE ANY PLANS TO MOVE Should we
dec~de at a later date to proceed w~th the project, you w~ll be notified
I hereby cart~fy that I have reca~ved th~s not,ca and a copy of the Tenant Ass~stanco Policy
Name
Address
Ctty/State/Z~p
Signature Date
Appendix V
Page 3t
Appendix VI- Rental Rehab~l~aflon TARGET AREA MAP
t%.D,~NT ON, TX ;~"; / '~(~
ntal Rehabilitation
/ NT.~.r g
et Area
-", ·
Page 32
A'gend~ Item
D~te~
AGENDA INFORMATION SHEET
AGENDA DATE: September 26, 2000
DEPARTMENT. Commumty Development _I
CM/DCM/ACM: David M Hlll, Assistant City Manager, Ext 8314
SUBJECT
Consider adoption of an orchnance of the C lty Council of the City of Denton,
Texas, approving gmdehnes for operation of the Caty of Denton Home
Improvement and Opttonal Reconstruction Programs and ehg~bdlty criteria,
authonzmg expenditures m excess of $15,000 for projects meetang program
gmdehnes and cntena, and pmwdlng for an effectave date
BACKGROUND
Tlus orchnance approves gmdehnes and ellgablllty cnterta for the 2000 Home
Improvement and Optaonal Reconstmctaon Programs Passage of this ordinance
reanthonzes project payments that exceed $15,000 when the proj eot meets program
ehg~bfllty criteria and guldehnes
C~ty Counml awarded CDBG and HOME grant funds for the 2000 Program year as
part of the C~ty of Denton 2000 Action Plan for Housang and Commumty
Development Adtht~onal funding sources Include a grant from the Federal Home
Loan Bank of Dallas and owner-prowded personal funds All rehabilitation and
reconstruction projects are compet~tavely b~d and property owners select contractors
from ehg~ble bids received
For the 2000 program year, the Quahfylng Income Lamlts are being adjusted to
meet HUD's annual adjustment Other gmdehne changes anclude, 1) the Home
Improvement and Optional Reconstmctmn Programs are being combined into one
booklet 2) The tame reqmred to lave and own a home to qualify for Optional
Reconstruction Program has been changed from eaght to five years 3) The hen
period for the Home Improvement Program wall have a range between five and
fifteen years and will be determined by project cost 4) The llen period for the
Optional Reconstructaon Program as beang extended to 20 years No other
s~gmficant changes are bemg proposed
ESTIMATED SCHEDULE OF PROJECT
The program gmdehnes w~ll be an effect for owner-occupaed rehabdltatlon and
reconstruction projects completed through September 30, 2001
Page I
PRIOR ACTION/REVIEW
City Council approved the Home Improvement and Optional Reconstruction
Programs activities m the City of Denton 1995, 1996, 1997, 1998,1999 and 2000
Action Plans for Housing and Community Development
FISCAL INFORMATION
Housing staff salaries related to program dehvery will be paid with CDBG and
HOME funds No general fund dollars are included in this program
ATTACHMENTS 1 Proposed Ordinance - page 3-4
2 2000 Home Improvement and Optional Reconstruction Program
Gmdehnes - pages 5-25
Respectfully submitted
Director of Community Development
Prepared by
Alma Esplno ~
Housing Assistant
Page 2
ORDINANCE NO
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
APPROVING GUIDELINES FOR OPERATION OF THE CITY OF DENTON HOME
IMPROVEMENT & OPTIONAL RECONSTRUCTION PROGRAM, AUTHORIZING
EXPENDITURES IN EXCESS OF $15,000 FOR PROJECTS MEETiNG PROGRAM
GUIDELINES AND CRITERIA, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City Council of the Ctty of Denton recogmzes the need to assist low and
moderate income families m secunng safe, sanitary and decent housing, and
WHEREAS, the C~ty of Denton participates ~n a Home Improvement & Optional
Reconstruction Program admlmstered by the City of Denton Commumty Development Office and
funded through a federal grant fi.om the Department of Housing and Urban Development, NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the C~ty Council approves the Home Improvement & Optional
Reconstruction Program Gmdehnes and Home Improvement Program Ehgtbfllty Criteria Much is
attached hereto and made a part of tbas ordinance for all purposes as Erdublt "A" and authorizes the
C~ty of Denton Commumty Development Office to admlmster flus program
SECTION 2 That the Qty Council authorizes the expenditure of funds ~n excess of $15,000
by the Commumty Development Office for projects meeting program gmdehnes and criteria,
subject to comphance w~th competmve b~dd~ng laws, where apphcable
SECTION III That thts ordinance shall become effecttve ~mmed~ately upon its passage and
approval
PASSED AND APPROVED thts the __ day of ,2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
Page 3
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Page 4
Page 5
Page 6
Page 8
Page 9
Page 10
Page 11
Paget2
Page 13
Page t4
Page t5
Page 17
Page t9
Page 20
x x x x
Page 2t
Page 23
Page 25
Aoenda Item ,, '~/, .,~
AGENDA INFORMATION SHEET 0ate ~/~/~Y(~Y
AGENDA DATE. September 26, 2000
DEPARTMENT Police
ACM: Jon Fortune ~
SUBJECT
An Ordinance authorizing the Mayor to execute an lnterlocal cooperation agreement
between the City of Denton and Denton County for the impoundment and disposition of
dogs and eats and the collection of fees pursuant to the provisions of said agreement, and
provldmg for an effective date
BACKGROUND. This is the seventeenth year that Denton County has requested an
mterloeal agreement for these services The animals delivered by Denton County have
not resulted m overcrowding at the Animal Control facility
The agreement states that the City of Denton will provide the following services to
Denton County for the impoundment and disposition of animals delivered to the City of
Denton from Denton County
(1) The City of Denton will hold these animals for mnety-slx (96) hours if not
claimed by an owner If the owner does not clam the animal within the
prescribed mnety-slx (96) hours, the animals will be euthamsed or made
available for adoption
(2) The City of Denton will accept and hold rabid suspects m quarantine for ten
(10) days
(3) The City of Dentun will remove and ship the heads of rabid suspects for
rabies testing by the Texas Department of Health
For the services, Denton County agrees to pay fees set forth m the agreement as follows
(1) A holding fee in the amount of fifteen dollars (15 00) for the first day or part
of a day and five dollars ($$ 00) for each subsequent day per animal held for
reclamation by the owner
(2) A holding fee in the amount of fifteen dollars (15 00) for the first day or part
of a day and five dollars ($5 00) for each subsequent day per alllmal held m
quarantine as a rabies suspect
(3) Fli~een dollars ($15 00) for each animal euthamzed
(4) Thirty-five ($35 00) for each decapitation and sh]pment
1
OPTIONS
1 The City can choose not to renew the ~nterlocal agreement wah Denton County
2 The C~ty can approve the ordinance and renew the ~nterlocal agreement
RECOMMENDATION
The Department recommends approval of the ordinance and renewal of the ~nterlocal
agreement w~th Denton County
1 The mterlocal agreement prowdes a valuable service to servxce to the mtlzens
of Denton County
2 The housing and d~sposal of dogs and cats has not, and is not projected, to
create a hardship Ammal Control operatmn
3 The ~nterlocal agreement ~s a source of revenue for the C~ty
PRIOR ACTION/REVIEW: The attached ~nterlocal agreement and or&nance has been
rewewed for legal form and content by the C~ty of Denton Legal Department The
agreement was approved by the Denton County Commms~oners Court on November 9,
1999
FISCAL IMPACT. The prescribed fees ~n the agreement are calculated to recover all
costs of all services rendered and, therefore, th~s agreement does not result ~n an ~ncrease
in expenditures Based on prior years, ~t ~s estimated that th~s agreement will generate
apprommately $25,000 ~n revenue
Respectfully subnutted,
Chief of Police
Prepared by
ewnght
Support Serwces D~vm~on
ORDINANCE NO
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN 1NTERLOCAL
COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON
COUNTY FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE
COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT, AND
PROVIDING FOR AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the Mayor, or m bas absence the Mayor ProTem, ~s hereby anthonzed to
execute an Interlocal Cooperation Agreement between the C~ty of Denton and Denton County for
the ~mpoundment and d~spos~t~on of dogs and cats, substantially ~n the form of the copy of winch is
attached hereto and incorporated by reference hereto
SECTION 2 That the C~ty Council authorizes the collection of all fees as prowded pursuant
to the provisions of s0ad Agreement
SECTION 3 That tbas ordinance shall become effective ~mmed~ately upon ~ts passage and
approval
PASSED AND APPROVED th~s the day of ,2000
EULINEBROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
STATE OF TEXAS §
§ INTERLOCAL COOPERATION AGREEMENT
COUNTY OF DENTON §
TI'ns Agreement made and entered mto by and between the C:ty of Denton, Texas, acting
hereto by and through :ts Mayor, duly anthonzed by resolution of the City Council of smd C:ty
(here:naffer called "CITY"), and the County of Denton, Texas, acting herein by and through
County Judge, duly anthonzed by court order of the Comnussloners Court of Denton County,
Texas (hereafter called "COUNTY")
WHEREAS, CITY and COUNTY are both local §ovemments w:th the authonty and
power to contract, and
WHEREAS, CITY ~s engaged ~n the services of holding and disposing of dogs and cats
for the benefit of the mt~zens of Denton, and
WHEREAS, CITY ~s the owner of certain faclhhes and eqmpment designed for the
holding and &sposltlon of dogs and cats and has m ~ts employ trained personnel whose duties are
related to the use of such faclhtles and eqmpment, and
WHEREAS, COUNTY desires to obtain Impoundment and &spomtxon services for dogs
and cats rendered by CITY, as more fully hereafter descnbed, for the benefit of the resxdants of
the Denton County, Texas, and
WHEREAS, COUNTY and CITY mutually desire to be subject to the promslons of
Texas Government Code, Chapter 791, the Interlocal Cooperation Act and contract pursuant
thereto, and
WHEREAS, COUNTY and CITY have the authority to perform the servmes set forth ~n
th~s Agreement m&wdually m accordance w~th Texas Government Code §791 011 (c), and
WHEREAS, COUNTY will make all payments for servxces out of available current
revenues and CITY agrees that the payments made by COUNTY hereunder will fairly
compensate ~t for the serrates pmwded,
NOW, THEREFORE, the COUNTY and the CITY, for the mutual conslderahon
hereinafter stated, agree as follows
1
A COVENANTS OF THE CITY OF DENTON
1 Holdm~ of Do~s and Cats CITY agrees to accept and hold dogs and cats lawfully
impounded by authonzed representatives of COUNTY under the following terms and
con&t~ons
a Holding Period for Do~,s and Cats CITY agrees to hold such dogs and cats for a
period of mnety-six (95) hours from the time they are accepted by the Animal
Control Center m order to allow the owners of the impounded anunai a reasonable
amount of tlrric to rcclann the impounded ammai If the annnai is not reclaimed
within the ninety-slx (96) hour period, the ownerstup of the ammai shall revert to
the Ammai Control Center Animals will be humanely destroyed or placed for
adoption at the discretion of the Ammai Control staff
b Holdln~ Fees for Impounded Dogs and Cats For the purpose of this Agreement,
CITY will charge Fifteen Dollars ($15 00) for first day or part of a day and Five
Dollars ($5 00) for each subsequent day holding fee that an ammal is held at the
Ammal Control Center In determlmng the meaning of the term "ammai" as used
herein, it ts agreed that a pregnant ammai which has its litter wlule being held, or
an ammai which is nursing its litter and is being kept in the same cage, wll be
considered one animal for the assessment of charges provided for in tlus
Agreement This fcc will be assessed against the owner of the animal at the time
the ammal is reclaimed No animal will be released until all apphcable fees are
paid m full
c Holding of Ouarantlne Animals CITY agrees to accept and hold rabid suspects
in quarantine for COUNTY when conditions permit, and such action is authorized
by a representative of COUNTY
d Holding Fees for Ouarantlned Ammais The holding fee for quarantined ammais
shall be Fifteen Dollars ($15 00) for the first day or part ora day and Five Dollars
($5 00) for each subsequent day that the ammai is held
e Head Shtpmants and Rabies Testing Upon request of COUNTY, CITY will
provide for the removal and shipment of heads of rabid suspects for chmcal rabies
testing at the Texas Department of Health The fee for this service shall be
Thirty-five Dollars ($35 00) for each head slupped
B COVENANTS OF DENTON COUNTY
1 Financial Responsibilities In order to reimburse CITY for its costs incurred under
tlus Agreement, COUNTY agrees to pay for the holding fees and euthanasia fees on
dogs and cats received from COUNTY or its authonzed agent if the mai(s) is not
reclatmed by the owner These fees will be assessed on the following basis
a. Euthamzed Anunai Fifteen Dollars ($15 00) for the first day or part of a day and
Five Dollars ($5 00) for each subsequent day holding fee for each ammai as
determined herein, plus Fifteen Dollars ($15 00) euthanasia fee
ANIMAL CONTROL ~qTERLOCAL COOI*ERATION AOREE~4E~T - COUNTY
~AOE 2 OF .~
b Adopted Ammal Adopted Ammal Fifteen Dollars ($15 00) for the first day or
part of a day and Fxve Dollars ($5 00) for each subsequent day holding fee for
each ammal as determined herein
c Head Sh~pmdnts Tlurty-five Dollars ($35 00) shtpplng fee
2 CITY will collect impound fees duly authorized by COUNTY and as specified an thts
paragraph from the owners of dogs and cats received from COUNTY Impound fee
momes wall be apphed to fees owed CITY by COUNTY for ammals not reclmmed by
the ov~mr
.IMPOUND FEE
1~t Impoundment - $20 00
2~ Impoundment - SB0 00
3r~ Impoundment - $45 O0
4th Impoundment - $70 00
3 COUNTY agrees payment shall be made wathm forty-five (45) days of receapt of
mvoace by COUNTY
2
CITY agrees to and accepts full responsabfl~ty for the acts, neghgenee, and/or om~ssmns of all
CITY's employees and agents, CITY's subcontractors and/or contract laborers doing work under
a contract or agreement w~th CITY m performance of thas Agreement with COUNTY
COUNTY agrees to and accepts full respons~bflaty for the acts, neghgenee, and/or ormssaons of
all COUNTY's employees and agents, COUNTY's subcontractors and/or contract laborers doing
work under a contract or agreement wath COUNTY an performance of flus Agreement wth
CITY It as further agreed that ff claim or habflaty shall anse from the joint or concurring
neghgenee of both pames hereto, it shall be bome by them comparatavely an accordance wath the
laws of the State of Texas This paragraph shall not be construed as a wmver by eather party of
any defenses avmlable to it under the laws of the State of Texas It as understood that at as not the
antentaon of the parUes hereto to create llabflaty for the benefit of tbnrd parhes, but that thts
Agreement shall be for the benefit of the pames hereto
3
The fact that COUNTY and CITY accept certain responsabflaUes relating to the eolleetaon and
nnpounchng of dogs and cats under this Agreement as part of their responsabflaty for providing
protectaon for the pubhc health and welfare and, therefore, makes at lmperahve that the
performance of these v~tal serwces be recogmzed as a governmental nnmumty shall be, and is
hereby anvoked to the full extent possible under the law Neather CITY nor COUNTY wmves or
shall be deemed hereby to wmve any ammunlty or defense that would otherwise be avatlable to at
agmnst the claims arising from the exercise of governmental functmns
ANIMAL CONTROL INTERLOCAL COOPERATION AOREEMBNT -- COUNTY PAOE 3 OF 5
4
The term of thts Agreement shall be for a period of one (1) year, commencing as of October 1,
2000 and ending September 30, 2001 Thereaiter, this Agreement shall be renewed for
successive additional one (1) year terms commencing on October 1 of each year if COUNTY
and CITY agree in writing on or before the first day of October to a successive term and the
amount of consideration to be pa~d hereunder for each successive term, provided, however,
either party may terminate this Agreement upon thirty (30) days written notice to the other
5
This .Agreement represents the entire and integrated agreement between CITY and COUNTY
and supersedes all prior negotiations, representations, and/or agreements, e~ther written or oral
This Agreerqent may be amended only by written instrument signed by both CITY and
CQUNTY
6
This Agreement and any of its terms or provisions, as well as the rights and duties of the parties
hereto, shall be governed by the laws of the State of Texas
7
In the event that any portion of tins Agreement shall be found to be contrary to law, it is the
intent of the parties hereto that the rema~mng portxons shall remain valid and m full force and
effect to the extent possible
8
The undersigned officer and/or agents of the parties hereto are the properly authorized officials
and have the necessary authority to execute this Agreement on behalf of the parties hereto, and
each party hereby certifies to the other that any necessary resolutions extending sa~d authority
have been duly passed and are now in full force and effect
EXECUTED in duplicate originals tins the day of ,
2000
CITY OF DENTON, TEXAS
BY
EULINE BROCK, MAYOR
PAOg 4 0~' 5
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
KIRK WILSON
¢ou~m~ O-'c~ bci'z'
ATTEST
DENTON COUNTY CLE~
~PROVED AS TO LEG~ FO~ ; ¢
B
PAOE $ OF 5
Agenda No ~
Agenda Item
AGENDA INFORMATION SHEET Date. qf 7 / gff
AGENDA DATE. September 26, 2000
DEPARTMENT: Pohce
ACM: Jon Fortune ~0-~
SUBJECT
An Ordinance authorizing the Mayor to execute an ~nterlocal cooperation agreement
between the C~ty of Denton and the C~ty of Ponder, Texas, for the ~mpoundment and
d~spos~tion of dogs and cats and the collection of fees pursuant to the provis~ons of smd
agreement, and prowd~ng for an effective date
BACKGROUND: Th~s is the first year that the C~ty of Ponder has requested an
lnterlocal agreement for these services The C~ty of Ponder estimates ~mpound~ng
approximately thirty animals per year and these animals should not result ~n
overcrowding or undue hardship at the Animal Control facility
The agreement states that the C~ty of Denton w~ll prowde the following servmes to C~ty
of Ponder for thc ~mpoundment and dlspos~t~on of animals dehvered to the C~ty of
Denton fxom the C~ty of Ponder
(1) The C~ty of Denton w~ll hold these ammals for mnety-mx (96) hours ffnot
clmmed by an owner If the owner does not clmm the ammal w~th~n the
prescribed mnety-mx (96) hours, the animals w~ll be euthamsed or made
available for adoption
(2) The City of Denton wall accept and hold rabid suspects m quarantine for ten
(10) days
(3) The City of Denton will remove and slup the heads of rabid suspects for
rabies testing by the Texas Department of Health
For the services, the City of Ponder agrees to pay fees set forth m the agreement as
follows
(1) A holding fee m the mount of fifteen dollars (15 00) for the first day or part
of a day and five dollars ($5 00) for each subsequent day per ammal held for
reclamation by the owner
(2) A holding fee in the mount of fifteen dollars (15 00) for the first day or part
ora day and five dollars ($5 00) for each subsequent day per ammal held ~n
quarantine as a rabies suspect
(3) Fifteen dollars ($15 00) for each animal euthan~zed
(4) Thirty-five ($35 00) for each decapltat~on and shipment
OPTIONS
1 The C~ty can choose not to lmtlate an lnterlocal agreement for these services with the
City of Ponder
2 The City can approve the ordinance and renew the lnterlocal agreement
RECOMMENDATION
The Department recommends approval of the ordinance and mltmtmn of the lnterlocal
agreement with the City of Ponder
1 The mteflocal agreement provides a valuable service to service to the mtlzens
of Ponder
2 The housing and disposal of dogs and cats has not, and m not projected, to
create a hardship Animal Control operation
3 The lnterlocal agreement is a source of revenue for the C~ty
PRIOR ACTION/REVIEW' The attached lnterlocal agreement and ordinance has been
rewewed for legal form and content by the City of Denton Legal Department The
agreement has been approved by the Ponder City Council
FISCAL IMPACT' The prescnbed fees in the agreement are calculated to recover all
costs of all services rendered and, therefore, this agreement does not result in an increase
in expenditures Based on revenue generated by the mteflocal agreements with agencies
of a comparable size, it Is estimated that the agreement with Ponder will result in
approximately $1,500 ~n additional revenue
Respectfully submitted,
Chief o f Pohce
ght
Support Services Division
2
ORDINANCE NO
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS, AND THE
CITY OF PONDER, TEXAS, FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS
AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID
AGREEMENT, A_ND PROVIDING FOR AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the Mayor, or m bas absence the Mayor ProTem, is hereby authorized to
execute an,Interlocal CooperaUon Agreement between the City of Denton and City of Ponder for
the n-npoundment and dasposmon of dogs and cats, sub stentmlly in the form of the copy of wbach is
attached hereto and mcorporated by reference herein
SECTION 2 That the City Council authorizes the collectuon of all fees as prov, ded pursuant
to the provmlons of smd Agreement
SECTION 3 That tbas ordinance shall become effectave Immediately upon its passage and
approval
PASSED AND APPROVED tins the day of ., 2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
STATE OF TEXAS §
§ INTERLOCAL COOPERATION AGREEMENT
COUNTY OF DENTON §
WHEREAS, the City of Denton, Texas ("DENTON") and the City of Ponder, Texas
("PONDER") are both local governments with the authonty and power to contract, and
WHEREAS, DENTON ts engaged m the services of holding and disposing of dogs and
cats for the,benefit of the citizens of DENTON, and
WHEREAS, DENTON is the owner of certain facilities and equipment designed for the
holdmg and disposition of dogs and cats and has in its employ trained personnel whose duties are
related to the use of such faclhtics and equipment, and
WHEREAS, PONDER desires to obtain impoundment and dlsposmon sennces for dogs
and cats rendered by DENTON, as more fully hereafter descnbed, for the benefit of the citizens
of PONDER, and
WHEREAS, PONDER and DENTON mutually desire to be subject to the provisions of
Texas Government Code, Chapter 791, the Interlocal Cooperation Act and contract pursuant
thereto, and
WHEREAS, both DENTON and PONDER have the authority to perform the services set
forth m this Agreement lndlwdually m accordance with Texas Government Code §791 01 l(c),
and
WHEREAS, PONDER will make all payments for services out of available current
revenues and DENTON agrees that the payments made by PONDER hereunder will fairly
compensate it for the services provided,
NOW, THEREFORE, PONDER and DENTON, for the mutual consideration hereinafter
stated, agree as follows
1
A COVENANTS OF THE CITY OF DENTON
1 Holding of Do~s and Cats DENTON agrees to accept and hold dogs and cats
lawfully impounded by authorized representatives of PONDER under the followmg
terms and condiUons
a Holdme Period for Do~s and Cats DENTON agrees to hold such dogs and cats
for a period of mnety-aix (96) hours from the time they are accepted by the
Ammal Control Center m order to allow the owners of the impounded ammal a
reasonable amount of time to reclaim the Impounded animal If the ammal is not
p^o~t 1 o~' $
reclaimed withtn the mnety-slx (96) hour period, the ownership of the ammal
shall revert to the Ammal Control Center Animals will be humanely destroyed or
placed for adoption at the discretion of the Animal Control staff
b Holding Fees for Imoounded Do~,s and Cats For the purpose of this Agreement,
DENTON will charge Fifteen Dollars ($15 00) for the first day or part of a day
and Five Dollars ($5 00) for each subsequent day holding fee that an ammal is
held at the Animal Control Center In determmmg the meaning of the term
"ammal" as used herem, ~t ~s agreed that a pregnant animal whteh has ~ts litter
while being held, or an animal wlueh is nursmg ItS htter and is being kept in the
same cage, will be considered one animal for the assessment of charges provided
for m flus Agreement This fee will be assessed against the owner of the ammal
at the time the ammal ~s reclmmed No animal will be released until all applicable
fees are paid m full
e Holding of Quarantine Ammals DENTON agrees to accept and hold rabid
suspects m quarantine for PONDER when conditions penmt, and such action as
anthonzed by a representative of PONDER
~d Holdim, Fees for Ouarantmed Ammals The holding fee for quarantined ammals
shall be Fifteen Dollars ($15 00) for the first day or part of a day and Five Dollars
($5 00) for each subsequent day that the ammal is held
e Head Shmments and Rabies Testm~ Upon request of PONDER, DENTON will
prowde for the removal and shipment of heads of rabid suspects for ehnieal rabies
testing at the Texas Department of Health The fee for this sennce shall be
Thtrty-five Dollars ($35 00) for each head shipped
B COVENANTS OF THE CITY OF PONDER
1 Financial Responsibtht~es In order to reimburse DENTON for ars costs recurred
under flus Agreement, PONDER agrees to pay for the holding fees and euthanasia
fees on dogs and eats received from PONDER or ars authorized agent ffthe ammal(s)
is not reclaimed by the owner These fees will be assessed on the following basis
a Euthamzed Ammal Fifteen Dollars ($15 00) for the first day or part of a day and
Five Dollars ($$ 00) for each subsequent day holding fee for each animal as
determined hereto, plus Fifteen Dollars ($15 00) euthanasia fee
b Adopted Ammal Fifteen Dollars ($15 00) for the first day or part of a day and
Five Dollars ($5 00) for each subsequent day holding fee for each ammal as
determmed hereto
c Head Sinpments Thirty-five Dollars ($35 00) shipping fee
2 DENTON will collect ~mpound fees duly authorized by PONDER and as specffied in
th~s paragraph from the owners of dogs and cats received from PONDER Impound
fee momes will be apphed to fees owed DENTON by PONDER for ammals not
reehumed by the owner
IMPOUND FEE
1st Impoundment - $20 00
2nd Impoundment - $30 00
3ra Impoundment - $45 00
4th Impoundment - $70 00
3 PONDER agrees payment shall be made within forty-five (45) days of receipt of
mvmce by PONDER
2
DENTON agrees to and accepts full responsibility for the acts, neghgence, and/or omissions of
all DENTON's employees and agents, DENTON's subcontractors and/or contract laborers doing
work under a contract or agreement w~th DENTON ~n performance of th~s Agreement w~th
PONDER PONDER agrees to and accepts full responsibility for the acts, neghgence, and/or
om~ssxons of all PONDER's employees and agents, PONDER's subcontractors and/or contract
laborers doing work under a contract or agreement w~th PONDER ~n performance of th~s
Agreement with DENTON It ~s further agreed that ~fclmm or habfllty shall arise from thejolnt
or concurring neghgence of both part, es hereto, ~t shall be borne by them comparatively m
accordance w~th the laws of the State of Texas Th~s paragraph shall not be construed as a
wmver by e~ther party of any defenses avmlable to ~t under the laws of the State of Texas It is
understood that it ~s not the ~ntent~on of the part,es hereto to create habfl~ty for the benefit of
third part~es, but that tbas Agreement shall be for the benefit of the part~es hereto
3
The fact that PONDER and DENTON accept certmn responsibilities relating to the collection
and ~mpoundmg of dogs and cats under thts Agreement as part of their responsibility for
prowdmg protection for the pubhc health and welfare and, therefore, makes it ~mperatlve that the
performance of these v~tal services be recogmzed as a governmental ~mmumty shall be, and ~s
hereby anvoked to the full extent posstble under the law Neither DENTON nor PONDER
waives or shall be deemed hereby to wtuve any ~mmumty or defense that would otherwise be
available to ~t agmnst the claams arising from the exercise of governmental functions
4
The term of thzs Agreement shall be for a period of one (1) year, commenmng as of October 1,
2000 and en~hng September 30, 2001 Thereafter, th~s Agreement shall be renewed for
successive additional one (1) year terms commencing on October 1 of each year ~f PONDER and
ANIMAL CONTROL INTERLOCAL COOPERATION AGREEMENT -- ~ONDER
PAGE 3 OF 5
DENTON agree ~n writing on or before the first day of October to a succesmve term and the
mount of consideration to be pa~d hereunder for each successive term, prowded, however,
e~ther party may terminate thts Agreement upon thirty (30) days written notme to the other
5
Th~s Agreement represents the entire and integrated agreement between DENTON and
PONDER and supersedes all prior negotiations, representations, and/or agreements, e~ther
written or oral Ttus Agreement may be amended only by wntten ~nstmment s~gned by both
DENTON and PONDER
6
Th~s Agreement and any of 1ts terms or provisions, as well as the rights and duttes of the part,es
hereto, shall be governed by the laws of the State of Texas
7
In the event that any port~on of th~s Agreement shall be found to be contrary to law, ~t ~s the
intent of the part, es hereto that the remmmng pomons shall remmn vahd and ~n full force and
effect to the extent posmble
8
The undersigned officer and/or agents of the part,es hereto are the properly authorized officmls
and have the necessary authority to execute tlus Agreement on behalf of the parties hereto, and
each party hereby certifies to the other that any necessary resolutions extending smd authority
have been duly passed and are now ~n full force and effect
EXECUTED in duphcate originals th~s the day of ,
2000
CITY OF DENTON, TEXAS
BY
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
PAOE4OF5
APPROVBD AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
CITY OF PONDER, TEXAS
ATTEST
CITY SECRETARY
APPROVED AS TO LEGAL FORM
CITY ATTORNEY
PAOE 5 OF 5
,genda rdo
Agenda Item
AGENDA INFORMATION SHEET Date
AGENDA DATE: September 26, 2000
DEPARTMENT Commu~,ty Developme~/
CM/DCM/ACM: David Hill, 349-8314 -~/~,
SUBJECT
Consider approval of a resolutwn by the C~ty of Denton, Texas, anthonzlng thc C~ty Manager to
s~gn and submit an amendment to the 1995 Actmn Plan for Housing and Commumty
DeveloPment submitted in June 1995 to the U S Department of Housing and Urban
Development with appropriate certfficat~ons, as authorized and reqmred by the Housing and
Community Development Act of 1974, as amended and the Affordable Housing Act of 1990, as
amended, and providing for an effective date
BACKGROUND
The Community Development Dlws~on has been working for some t~me with the Small
Business Development Center to develop a loan program focusing on the start-up and
expansion of small businesses that pmmde employment opportunities for low and moderate-
income residents As a result of the work of the SBDC, City of Denton CDBG funding was
earmarked for a small business loan program The Denton Community Development
Corporation was formed to administer the funding and ~mplement the program The 1995 and
1996 CDBG program budgets included $60,000 for program adunmstrat~on and $30,000 for a
revolving loan fund Approximately $3,000 in ftm&ng was spent by DCDC to develop
brochures and purchase office supplies
The DCDC Board of Directors set up a rmcroenterprtse loan program and requested
partmlpat~on from local lenders HUD defines a rmcroenterprtse as a business w~th five or
fewer employees including the owner(s) Various local lenders ~mtmlly stated support for the
program DCDC directors were expecting that a slgmficant port~on of the loan pool funding
would come from local lenders The C~ty of Denton would prowde adm~mstrat~ve funding
from CDBG
Efforts to secure private funding for the loan pool were not successful Farmers and Merchants
Bank of Krum was the only lender to participate ~n the program After five years of working
towards setting up a small business loan program, DCDC directors decided that they had two
options a) h~re staff to implement the program, or b) d~scont~nue the program and the use of
CDBG funding The DCDC agreed that they did not want to hire staffunless the program had
proven ~tselfby the actual provision of loans to ehg~ble chents However, the DCDC d~d not
want to end the program either CD staff and the DCDC Board of Directors d~scussed the idea
of ~mtlal implementation by the Community Development D~v]slon Th~s option was
supported by the DCDC
Transfer of the program back to the Denton Community Development Corporation after
successful implementation was also discussed If requested by DCDC, this optmn vail be
submitted to the Community Development Advisory Committee and C~ty Council through the
normal ftmd~ng/planmng process
Page 1
The Community Development Division has researched successful programs from other cities
Based on this research, a set of gmdehnes has been developed for Denton's mlcroenterprlse loan
program Staff plans to work with the Small Business Development Center and local lenders to
implement the program
ESTIMA~FED SCHEDULE OF PROJECT
Plans are to begin advertising the avmlabfllty of loan funds in October It is antmlpated that the
current allocation of fundmg for loans wall be exhausted by October 2002 Loan repayments will
provide some funding to continue the program Staff will also research other avenues for
continued funding of the program
PRIOR ACTION/REVIEW (Counefi~ Boards, Commissions)
The Denton Commumty Development Corporation and the Community Development Advisory
Committee recommend approval
FISCAL INFORMATION
Funding for loans and some staff costs ~s provided in the 1995 and 1996 CDBG program
budgets A total of $86,861 52 is available to fund the program The budget would include
$80,000 for the loan fund and $6,800 for staff salaries to adrmmster the program The salary
would not constitute an increase in CD staff or salaries but, would be a transfer of salary
expenditures from the Home Improvement Loan Program to the Mmroenterpnse Loan Program
BID INFORMATION
N/A
ATTACHMENTS
Program Information Sheet - page 3 - 4
Resolution (1995 Amendment)- pages 5- 6
Respectfully submitted
Director of Community Developn~e~
Prepared by
r~ /
Barbara Ross
Community Development Adm~mstrator
Page 2
CITY OF DENTON
COMMUNITY DEVELOPMENT DIVISION
MICROENTERPRISE LOAN FUND
What is a Mieroenterprlse?
A business w~th five or fewer employees, lncludnng the owner(s)
What ns the purpose of the Mlcroenterprnse Loan Fund'~
The Mncroenterpnse Loan Fund was created to promote business expansnon and job creatnon nn
the Cnty of Denton Specific emphasns w~ll be placed on encouraging development of enterprises
owned by and stnmulatmg employment of women, m~nont~es and the economncally
d~sadvantaged
What types of loans are avadable~
The loan fund is designed to support "gap" financing and direct loans for mlcroenterprlses This
means that businesses requesting mncmenterpnse loan funds must have been turned down by
other lenders or need more capntal than they are gnven by their primary lender
What funding ns used for the program?
Funding ns made avoalable to the program through the C~ty of Demon's COITI1TIUnlty
Development Block Grant Program
Who ns elSg~ble?
Businesses vath five or fewer employees nneludlng the owner(s) where the -
· Owner meets current City of Denton low and moderate-~ncome requnrcments, or
· Jobs created by the bus~ness vall be made available to low and moderate-~ncome ~nd~wduals
How can the loan funds be used?
Funds can be used for any of the follovang
· Purchase or rental of maclunery and equnpment
· Acqunsmon or rental of property
· Constroctlon or renovatnon of facdmes*
· Worknng and start-up capntal
· Inventory
*Constructton projects over $2,000 must comply w~th federal labor and wage requtremants
How much will be loaned?
A maxnmum of $10,000 vail be loaned to elnglble busnnesses However, the amount loaned vail
be equal to the "gap" m financnng needed or $10,000 whichever ns less
Page 3
What are the terms of the loan?
The Mlcroenterpnse Loan Fund provides financing below the rates of traditional lenders
The interest rate for both direct loans and gap financing will be set $ points below the current
prime lending rate w~th a mlmmum of a 3% rate
The maxanum loan term is five years
· The Mlcroenterpnse Loan Fund will finance up to 80% of an ehglble project This means
that the owner must provide at least 20% eqmty in the project from other sources
· Collateral is required Business assets, personal assets and/or a loan co-signer v~ll be
accepted
· Personal guarantees will be reqmred
· Liens on collateral can be subordinated to those of other lenders
Who will make the decision on my loan and how~
A loan committee w~ll review each application and make a recommendation to Community
Development Division staff Communlty Development staff will make a final determination as
to the ellgibdlty and funding of the loan Loan recommendations and final approval wall be
based on the following cnterm · Financial feasibility
· Assistance to minorities, women and the economically disadvantaged
· Number of permanent full-t~me jobs to be created
· Ratio of private dollars to public loan dollars A higher level of private funding is
preferred
What do I need to prepare to apply for a loan?
Applicants for loan funds must provide the following
· Completed loan application
· Personal financial statement
· Last three years business financial statements, if loan request is for an expansion
· Brtefbuslness plan
· Authorization for credit report
Are there any fees that I must pay9
If needed, fees for credit reports will be charged at cost
FOR MORE INFORMATION OR AN APPLICATION, PLEASE CALL BARBARA ROSS
OR ALMA ESPINO AT 940-349-7726
Page 4
RESOLUTION NO
A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO SIGN AND SUBMIT AN AMENDMENT TO THE 1995 ACTION
PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT SUBMITTED IN
JUNE 1995 TO THE U S DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED
AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT
OF 1974, AS AMENDED AND THE AFFORDABLE HOUSING ACT OF 1990, AS
AMENDED, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the Caty of Denton as concerned with the development of vmble
urban ¢ommumt~es, ancludmg decent housang, a suitable hvang environment and
expanded economac oppormmtaes, and
WHEREAS, the Caty of Denton as an entatlement caty under the Commumty
Development Block Grant program and a pamcapatang junsd~ctaon under the HOME
Investment Partnerships program, prepared through a catazen partacapataon process, a plan
for using ats 1995 CDBG, HOME and program income funding in the approxamate
amount of $1,699,665, and
WHEREAS, the Ctty of Denton rashes to reallocate $56,862 an 1995 CDBG
fundang from the Denton Commumty Development Corporation actavlty to funding for a
small busaness loan program to be admmastered by the City's Community Development
Divasaon, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES,
SECTION 1 That the C~ty Counctl of the City of Denton, Texas, authorazes the
Caty Manager to submtt to the US Department of Housang and Urban Development an
amendment for the reallocat~on of funds an the 1995 Action Plan for Housang and
Commumty Development that was prevaously submatted for a grant apphcataon with
appropriate assurances for CDBG and HOME funds under the Housing and Commumty
Development Act of 1974 and the Affordable Housang Act of 1990, as amended, to
provad¢ $56,862 to the small busaness loan program admamstered by the Commumty
Development Dawsaon of the Caty of Denton
SECTION 2 That the Caty Council authonzes the City Manager or has desagnee
to handle all fiscal and admamstratave matters related to the amended Actaon Plan
SECTION 3 That save and except as amended hereby the provas~ons of the 1995
Actaon' Plan for Houstng and Communaty Development submitted in June of 1995 shall
remmn an full force and effect
Page 5
SECTION 4 That this resolution shall become effective ~mmedmtely upon ~ts
passage and approval
PASSED AND APPROVED th~s the day of ,2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
?
Page 6
Agenda No
Agenda Ite m~_,,~-'~___~ ~
AGENDA INFORMATION SHEET Date
AGENDA DATE: September 26, 2000
DEPARTMENT' Community Devalopm~/[/
CM/DCMIACM' David Hall, 349-8314
SUBJECT
Consider approval of a resolution by the C~ty of Denton, Texas, authorizing the C~ty Manager to
sign and submit an amendment to the 1996 Action Plan for Housing and Commtm~ty Development
submitted m June 1996 to the U S Department of Houmng and Urban Development w~th
appropnate~certffications, as authorized and reqmred by the Housing and Commumty Development
Act of 1974, as amended and the Affordable Housing Act of 1990, as amended, and providing for
an effective date
BACKGROUND
*See agenda mformatton sheet for 1995 Action Plan amendment
ESTIMATED SCHEDULE OF PROJECT
*See agenda reformation sheet for 1995 Action Plan amendment
PRIOR ACTION/REVIEW (Council~ Boards, Commissions)
*See agenda ~nformatlon sheet for 1995 Action Plan amendment
FISCAL INFORMATION
* See agenda information sheet for 1995 Action Plan amendment
BID INFORMATION
N/A
ATTACHMENTS
Resolution - pages 2-3
*Amendments to 1995 and 1996 Actton Plans affect funding related to the small business loan
program Please see agenda information sheet for 1995 Action Plan amendment for an explanation
of th~s item
Respectfully Submitted,
(-H~dd Railiff, Director of Comn~y Development
Prepared by,
Barbara R~ss, Commumty Development Admmmtrator
Page 1
RESOLUTION NO
A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO SIGN AND SUBMIT AN AMENDMENT TO THE 1996 ACTION
PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT SUBMITTED IN
fO-NE ~996 TO THE U S DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED
AND R!EQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT
OF 1974, AS AMENDED AND THE AFFORDABLE HOUSING ACT OF 1990, AS
AMENDED, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the Clty of Denton is concerned with the development of v,able
urban commumt,es, including decent housing, a statable hvmg environment and
expanded economic oppommmes, and
WHEREAS, the C~ty of Denton as an entitlement city under the Commumty
Development Block Grant program and a part~mpatlng junsdmtlon under the HOME
Investment Partnerstups program, prepared through a citizen participation process, a plan
for using its 1996 CDBG, HOME and program income funding xn the approximate
amount of $1,752,733, and
WHEREAS, the City of Danton wishes to reallocate $30,000 in 1996 CDBG
funding from the Denton Community Development Corporatmn activity to funding for a
small business loan program to be administered by the City's Commumty Development
Division, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES,
SECTION 1 That the City Council of the City of Demon, Texas, authorizes the
C~ty Manager to submit to the US Department of Housing and Urban Development an
amendment for the reallocation of funds in the 1996 Actmn Plan for Housing and
Commanity Development that was previously submitted for a grant apphcat~on with
appropriate assurances for CDBG and HOME funds under the Housing and Community
Development Act of 1974 and the Affordable Housing Act of 1990, as amended, to
prowde $30,000 to the small business loan program adm~mstered by the Commumty
Development Division of the City of Denton
SECTION 2 That the City Council authorizes the City Manager or bas designee
to handle all fiscal and administrative matters related to the amended Actmn Plan
SECTION 3 That save and except as amended hereby the provisions of the 1996
Actmn,Plan for Housing and Commumty Development submitted ~n June of 1996 shall
remain tn full force and effect
Page 2
SECTION 4 That tNs resolut, on shall become effect,ve tmmedtately upon ~ts
passage and approval
PASSED AND APPROVED this the day of ,2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Page 3
AgendaNo ~/-~,~.
Agenda Item ,
AGENDA INFORMATION SHEET
AGENDA DATE. September 26, 2000
DEPARTMENT. Community Development
CM/DCM/ACM. David Hill, 349-8314
SUBJECT
Consider adoption of an ordinance of the City Council of the City of Denton, Texas
approving an agreement between the City of Denton and the Denton Affordable Housing
Corporation, providing for the terms of said contract, authorizing the City Manager to
execute the agreement and to expend funds w~th respect to the agreement, and providing
for an effective date
BACKGROUND
The City's 2000 ~4ctton Plan for Housing and Commum~y Development approved by City
Council on May 16, 2000 included the use of $78,300 by the Denton Affordable Housing
Corporation for continuation of the Affordable Housing Opportumty Program The
AHOP program entmls purchase, renovation and resale of affordable housing Some
down payment and closing costs are also provided through the program
The revised agreement outlines program requirements for any unspent funds from
previous years and program income New requirements in the agreement include · Contract term September l, 2000 to August 3 l, 2005
· DAHC must conduct a public hearing at least once annually to review proposed
and an-progress activities w~th Denton residents
· DAHC must provide notice to residents within 500 feet of a proposed project if
the number of runts will be mareased by more than three single family or four
multlfamaly units
· DAHC will also hold public forums as necessary in areas where more than three
single family or more than four multlfamlly units are being purchased for
renovation
· DAHC will pubhcly advertase board meetings and they will be open to the public
ESTIMATED SCHEDULE OF PROJECT
Schedule of contract activities (See page 21) indicates that all funds should be expended
by 2OO2
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The Community Development Advisory Committee recommended approval of the
project City Council approved CDAC's recommendations in the 2000.4ctwn Plan on
May 16, 2000
Agenda Information Page 1
FISCAL INFORMATION
Project includes only 2000 - 2001 Home Investment Partnerships Program funding
BID INFORMATION
N/A
ATTACHMENTS
Ordinance, pages 3 - 4
Contract, pages 5 - 21
Respectfully submitted
c~ct~lhda Rathff --- fff
D~rector of Commumty Dev~opment
Prepared by
Barbara Ross
Community Development Admlmstrator
Agenda Information Page 2
ORDINANCE NO
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON
AFFORDABLE HOUSING CORPORATION, PROVIDING FOR THE TERMS OF SAID
CONTRACT, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT
AND TO EXPEND FUNDS WITH RESPECT TO THE AGREEMENT, AND PROVIDING
FOR AN EFFECTIVE DATE
WHEREAS, the Ctty has recezved funds from the U S Department of Housing and
Urban Development under the NaUonal Affordable Housing Act of 1990 as amended by the
Housing and Community Development Act of 1992, and
WHEREAS, the Czty has adopted a budget for such funds ~ncluded there~n an anthonzed
program budget for expenditure of funds, for operatzng costs and project funding for the Denton
Affordable Housing Corporation (DAHC), and
WHEREAS, the Czty Manager has determined that the DAHC ~s the only state-certffied
community housing development organization (CHDO) that ~ncludes the reqmred number of low
mcome cltzzens from the City on tts board of d~rectors necessary to satisfy federal reqmrements
to serve the City's geographical area and that DAHC has prowded management servmes to the
Czty to provide affordable housmg w~thzn the C~ty whmh as szgmficantly benefited the
community, and
WHEREAS, DAHC has a demonstrated h~story of sigmficant service to the community
In the area of affordable housing, and
WHEREAS, thzs agreement, therefore, quahfies as a sole source procurement m
accordance w~th §252 022(7)(0 of the TEX LOC GOV'T CODE and does not need to be
competztzvely bzd, and
WHEREAS, the C~ty Council deems it zn the pubhc interest to enter znto an agreement
for an affordable housing program wzth the DAHC, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 The C~ty Council hereby approves the attached Agreement between the
Ctty and the DAHC to prowde for an affordable housing program ~n accordance w~th the terms
of th~s Agreement, which Agreement is made a part of thts ordinance for all purposes, and
authorizes the City Manager to execute th~s Agreement
SECTION 2 That the City Council authorizes the expenditure of funds for operating
costs and project funding for the DAHC m accordance w~th the terms of the attached Agreement
Agenda Information Page 3
SECTION 3 That this or&nance shall become effective ~mmedtately upon ~ts passage
and approval
PASSED AND APPROVED th~s the day of ,2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY /, _
Agenda Information Page 4
AGREEMENT BETWEEN THE CITY OF DENTON
AND THE DENTON AFFORDABLE HOUSING CORPORATION
Tl~s Agreement between the C~ty of Denton and the Denton Affordable Housing
Cotporataon ("Agreement") ~s made and entered into by and between the City of Denton, a Texas
mummpal corporation ("CITY"), acting by and through its C~ty Manager, pursuant to ordinance,
and the Denton Affordable Housing Corporation, Denton, Texas a certified non-profit commumty
housing development corporation, ("CONTRACTOR")
WHEREAS, CITY has received funds from the U S Department of Housing and Urban
Development under the National Affordable Housing Act of 1990 as amended by the Housing and
Commumty Development Act of 1992,
WHEREAS, CITY has adopted a budget for such funds and ~ncluded there~n an anthonzed
Program Budget for expenditure of funds for provision of an affordable housing program by the
Denton Affordable Housing Corporation included as Attachment "B",
WHEREAS, CITY has das~gnated the Commumty Development Office as the dlws~on
responsible for the admlmstrat~on of tlus Agreement and all matters pertmmng thereto, and
WHEREAS, the C~ty Manager has determined that CONTRACTOR ~s the only state-
cemfied commumty housing development orgamzat~on (CHDO) that includes the reqmred number
of lowqncome ctt~zens from the CITY on ~ts board of d~rectors to satisfy federal reqmmments
necessary to serve the CITY's geograpbacal area, that the CONTRACTOR has prowded
management serv~cas to the CITY to promote affordable housing vathln the CITY which has
slgmficanfly benefited the commumty, and CONTRACTOR has a demonstrated history of
s~gmficant service to the commumty m the area of affordable housing, and
WHEREAS, CITY w~shes to engage CONTRACTOR to carry out such project,
NOW, THEREFORE, the part,es hereto agree, and by the execution hereof are bound to the
mutual obhgat~ons and to the performance and accomphshment of the conditions heremafter
described
1
TERM
Tbas Agreement shall commence on or as of September 1, 2000, and shall terminate on
August 31, 2005, unless adjusted by the CITY Request for such an adjustment must be ~n writing
and is to be subrmtted to the Commumty Development Office
Agenda Information Page 5
RESPONSIBILITIES
A CONTRACTOR hereby accepts the respons~blhty for the performance of all
services and activities, described m the Work Statement attached hereto as Attachment "A" and
incorporated herein as if set forth at length, m accordance w~th the Program Budget attached hereto
as Attachment "B" and the Schedule of Contract Activities attached hereto as Attachment "C" and
incorporated herein as if set forth at length, and as otherwise set forth herein, in a satisfactory and
efficient manner as determined by CITY, in accordance with the terms herein
B CONTRACTOR's executtve director shall be CONTRACTOR's representative
responsible for the management of all contractual matters pertmmng hereto, unless written notifica-
tion to the contrary is received from CONTRACTOR, and approved by CITY
C CONTRACTOR agrees that all individual projects under the Affordable Houstng
Program described m Attachment "A" to be assisted with HOME funds w~ll have approval from the
CITY of Denton CONTRACTOR agrees that project dehvery costs prod w~th HOME funds or
HOME proceeds will not exceed more than 10% of the total project cost as determined by the
CITY CONTRACTOR also agrees that prior to expenditure of HOME program proceeds on the
Mocl~ngblrd Lane ProJect, also described m Attachment "A", CONTRACTOR will prowde CITY
with a project pro forma mdmatmg all sources and uses of funds for the project CONTRACTOR
must also prowde CITY with documentation of site and right of way control
D The CITY's Commumty Development Admlmstrator will be CITY's representative
responsible for the admlmstratlon of this Agreement
E CONTRACTOR shall comply w~th HUD Office of Management and Budget
circulars A-122 and A-110, Attachments B, F, H, paragraph 2 and Attachment O
F CONTRACTOR shall be certified as a "Community Housing Development
Organization" (CHDO) w~th the State of Texas and the City of Denton CONTRACTOR shall
mmntmn CHDO Certaficatlon for the duration of the contract term
G CONTRACTOR shall not request disbursement of funds until they are needed for
payment of eligible costs The amount of each request will be hmated to the amount needed as per
92 504 (¢)(2)(Vll)
H CONTRACTOR shall not change the Program Budget without prior written
approval from the CITY
I CONTRACTOR shall be responsible for performing a site-specific environmental
review prior to acqmsltlon ofpmpartles to be used for affordable housing projects
Agenda Information Page 6
Page 2 of 14
J CONTRACTOR shall conduct a pubhc heanng at least once annually to review
proposed and m-progress act~wttes and receive c~t~zen ~nput Heanng(s) will be advemsed at least
15 days m advance Advemsmg, at a mnnmum, must ~nclude pubhcat~on in a newspaper wath
local mreulatxon The hearing may be combined wath CONTRACTOR's annual memberslup
meeting A summary of comments from the pubhc heanng will be submitted to the Commumty
Development D~ws~on wathm 30 days of the date of the pubhc heanng
K CONTRACTOR shall provide t~mely notice to "neighborhood" residents prior to
increasing the number of umts m the area by more than two single family or four multffamfly umts,
or prior to renovating more than five umts No'ace wall ~nclude contact mformat~on or ~denUficatxon
of opportumt~es for residents to comment on the proposed development CITY staff wall detenmne
"Neighborhood" boundaries
3.
CITY'S & CONTRACTOR'S OBLIGATIONS
A. CITY, shall prowde funds m the amount of $192,167 or less in project funds to the
CONTRACTOR for specffic housing projects and programs as described the Work Statement,
Attachment "A"
B CONTRACTOR agrees to hold and save harmless the CITY, ~ts officers and
employees from any and all loss, cost, or damage of every land [~nclud~ng, property damage, boddy
~njury or death], nature or description arising under this Agreement
C. CITY shall be responsible for performing a general enwronmental rewew to ~nsure
necessary compliances are met
D CONTRACTOR shall be responsible for performing a project-specffic
enwronmental rewew to msure necessary comphances are met
E, Tbas Agreement and the payments made hereunder are contingent upon receipt of
U S Department of Housing and Urban Development funds pursuant to the HOME Investment
Partners[up Program, and shall temunate tmmedmtely, not wathstand~ng the prows~ons of Amcle
XIX hereof, should such funds be d~scont~nued for any reason
F The CONTRACTOR may not request d~sbursement of funds until they are needed
for payment of ehg~ble costs The amount of each request by the CONTRACTOR shall be hm~ted
to the amount needed ~n accordance wath 24 CFR 92 504 (c)(2)(w0 and shall ~nvolve the actlvmes
set forth in the "Contract Activity Schedule" attached as Attachment C
G Upon dassolutlon of the CONTRACTOR any remaining funds or assets derived
from the expenchture of the CITY's funds, hereinafter sometames described as the CITY's HOME
funds, proceeds or HOME-funded projects, must be tmmedmtely returned to the CITY
Agenda Information Page 7
Page 3 of 14
H CONTRACTOR shall perform all services, obhgat~ons and activities as required by
the Tlurdl Amendment (FY99) To Agreement Between the C~ty of Denton And The Denton
Affordable Housmg Corporation relating to the Toledo Court ProJect, ~ncludmg w~thout hmltaUon
all services, obhgattons and act~vmes necessary to fully comply w~th the Memorandum of
Understanchng Toledo Court Sub&ws~on executed by CITY, CONTRACTOR and the Staging
Oaks Neighborhood Assocmtlon
4
COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
A, The CITY and CONTRACTOR agree to perform their duUes arising pursuant to the
Agreement in comphance wath the U S Department of Housing and Urban Development HOME
Investment Partnership Program regtflat~ons at 24 CFR 92
B CONTRACTOR shall comply wath the umform admlmstmtlve reqmrements, as
described ~m 24 CFR 92 505 ~n the HOME Investment Partnership Program regulations, a copy of
wbach ~s attached hereto
C CONTRACTOR shall comply with all prescribed procedures regarding
nondlscnr~unat~on and equal opportumty, affirmative marketing, d~splacement and relocataon, labor
relations, lead-based patnt and conflict of interest prowslons described in 24 CFR 92 subpart H
D CONTRACTOR agrees to ensure that all HOME-asststed housing or housing
ldentffiedl as match for the HOME program meets all affordabd~ty reqmrements ~dentffied ~n 24
CFR 92 252 or 92 254 CONTRACTOR further agrees to develop a deed of trust for use wath all
HOME-assisted umts that incorporates these requirements, including remedies for breach of the
agreement prows~ons CONTRACTOR vall promde the CITY w~th a copy of the deed of trust
with provtsmns described above for approval before the sale of any HOME-assisted umts
E CONTRACTOR agrees that as a certified Commumty Housing Development
Corporation, they will comply w~th 24 CFR 92 300 and 92 301
F~ CONTRACTOR agrees that as a ce~fied commumty housing development
corporataon (CHDO), they will comply wtth 24 CFR 92 300 and 92 301
G If it is deternuned that the use of the funding provided by the CITY does not meet
the reqmrements of the U S Department of Housing and Urban Development HOME Investment
Parmership Program, the CONTRACTOR shall reimburse the CITY for the costs determmed to be
chsallowed under the U S Department of Housing and Urban Development HOME Investment
PartnerslUp Program regulattons
H CONTRACTOR shall comply w~th all apphcable Federal laws and regulations at 24
CFR 92 i subpart H Subpart H prescribes procedures for compliance ~n the following areas
nondlscnrmnat~on and equal opportumty, affirmative marketing, d~splacement and relocation, labor
relations,, lead-based parnt and conflict of interest
Agenda Information Page 8
Page 4 of 14
I CONTRACTOR agrees that all housing assisted under th~s agreement wall meet the
property standards requirements m 24 CFR 92 251
J CONTRACTOR agrees to comply w~th all apphcable Federal laws, laws of the
State of Texas and ordinances of the C~ty of Denton
5
REPRESENTATIONS
A The CITY Is providing funding to the CONTRACTOR in order to promote
development of affordable housing Use of funds for programming will meet tlus stated goal
B The CITY ~s the only agent authorized to designate changes to the Program Budget
or to approve specffic projects and programs authorized pursuant to the non-adm~mstrat~on port~on
of the Program Budget
C CONTRACTOR assures and guarantees that ~t possesses the legal authority,
pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to
enter into flus Agreement
D The person or persons s~gmng and executing th~s Agreement on behalf of
CONTRACTOR, do hereby warrant and guarantee that he, she, or they have been fully anthonzed
by CONTRACTOR to execute th~s Agreement on behalf of CONTRACTOR and to vahdly and
legally brad CONTRACTOR to all terms, performances and prowslons here~n set forth
E CITY shall have the right, at ~ts option, to e~ther temporarily suspend or
permanently ternunate tlus Agreement if there is a d~spute as to the legal authority of either
CONTRACTOR or the person s~gmng the Agreement to enter ~nto th~s Agreement CONTRAC-
TOR ~s liable to CITY for any money it has received from CITY for performance of the proms~ons
of th~s Agreement if CITY has suspended or terrmnated th~s Agreement for the reasons enumerated
~n tins Section
F CONTRACTOR agrees that the funds and resources prowded CONTRACTOR
under the terms of this Agreement will m no way be subst~tated for funds and resources from other
sources, nor m any way serve to reduce the resources, services, or other benefits which would have
been available to, or provided through, CONTRACTOR had ttus Agreement not been executed
6
PROGRAM INCOME
A HOME program income is defined as all fees and interest payments on HOME-
assisted mats/projects and any ~nterest income on deposited HOME funds or program proceeds
collected by the CONTRACTOR Program income may be retmned by the CONTRACTOR to be
used for HOME-ehglble activities included in the Work Statement included herein as Attachment
Agenda Information Page 9
Page 5 of 14
"B" Prov!ded, however that any interest on deposited HOME funds must be remitted to the CITY
on a quarterly bas~s
B 1 HOME program proceeds are defined as income from the sale of HOME-assisted
housing Proceeds may be retmned by the CONTRACTOR for use on other HOME-eligible
act~mttes included m the Work Statement included here as Attachment "B"
C Any income generated from the use of HOME funds, proceeds, or any mcome
generatedlthrough subsequent use of these funds shall continue to be used by the CONTRACTOR
for HOME-ehglble activities included m the Work Statement ~n the C~ty of Denton Use of the
funds on projects or programs other than those identified in tlus Agreement must be approved ~n
writing by the CITY Any income retained and used by the CONTRACTOR must be avmlable to
the CITY as a matclung contnbutaon for the HOME program Upon request, CONTRACTOR will
approve appropriate certifications statmg that funding ~s avmlable as a HOME program match to
the CITY
7.
MAINTENANCE OF RECORDS
A. CONTRACTOR agrees to mmntmn records that will provide accurate, current,
separate, and complete disclosure of the status of the funds received pursuant to this Agreement and
pursuant to any other apphcable Federal and/or State regulations estabhsh~ng standards for finanmal
management CONTRACTOR*s record system shall contmn sufficient documentation to prowde
detailed support and justaficat~on for each expenditure Nothing ~n ttus Section shall be constmed
to relieve CONTRACTOR of fiscal accountabthty and habdlty under any other prows~on of th~s
Agreement or any apphcable law CONTRACTOR shall include the substance ofth~s provision ~n
all subcontracts
B CONTRACTOR agrees to retain all books, records, documents, reports, and written
accountmg poheles and procedures pertaining to the operation of programs and expenditures of
funds pursuant to th~s Agreement for the period of t~me and under the conditions specified by
CITY
C Nothmg ~n the above subsecttons shall be construed to reheve CONTRACTOR of
responslbd~ty for retmmng accurate and current records, which clearly reflect the level and benefit
of serwces, prowded pursuant to this Agreement
D At any reasonable time and as often as CITY may deem necessary, the
CONTRACTOR shall make avatlable to CITY, or any of its authorized representatives, all of its
records and shall permit CITY, or any of ~ts authorized representatives to audit, examine, make
excerpts i and cop~es of such records, and to conduct audits of all contracts, lnvmces, materials,
payrolls,i records of personnel, cond~tlons or employment and all other data relating to the program
requested by smd representatives
Agenda Information Page 10
Page 6 of 14
E The CONTRACTOR shall give the C~ty of Denton, the U S Department of
Housing and Urban Development, or any of their duly authorized representatives, access to and the
right to examine all books, accounts, records, reports, files and other papers belonging to or ~n use
by the CONTRACTOR pertmnmg to this Agreement Such rights to access shall continue as long
as the CONTRACTOR ~s required to retain the records
8.
REPORTS AND INFORMATION
A CONTRACTOR shall prowde quarterly fmancml and beneficiary reports that shall
contmn such records, data and reformation as CITY may request and deem pertinent to matters
covered by this Agreement CONTRACTOR shall provide any additional ~nformat~on as requested
by the CITY Wltlun 10 days
B An audit must be conducted m accordance w~th 24 CFR parts 44 and 45 as
applicable CONTRACTOR shall submit a copy of smd audit to the Commumty Development
Office w~thm ten days of receipt of the completed report
C, CONTRACTOR shall submit copies of all pubhc meeting advertisements and
residents notffieaUons setting forth the tune and place thereof, including w~thout hm~tat~on board of
d~rector meetings, to the Community Development D~v~s~on office at least 72 hours prior to the
meeting m accordance vath Seetton 16 oftlus Agreement
9.
INSURANCE
A CONTRACTOR shall observe sound business practmes w~th respect to prowdmg
such bonding and insurance as would provide adequate coverage for services offered under th~s
Agreement
B The premises on and m whmh the act~wtaes described ~n Exhth~t A are conducted,
and the employees conducting these act~wt~es, shall be covered by preunse habthty ~nsurance, eom-
monly referred to as "Owner/Tenant" coverage w~th CITY named as an addlt~onal ~nsured Upon
request of CONTRACTOR, CITY may, at ~ts sole dlscret~on, approve alternate insurance coverage
arrangements
C CONTRACTOR will comply w~th apphcable workers' compensatmn statutes and
will obtmn employers~ liability coverage where avmlable and other appropriate habdity coverage
for program participants, ff appheable
D CONTRACTOR will mamtmn adequate and continuous hablhty insurance on all
vebacles owned, leased or operated by CONTRACTOR All employees of CONTRACTOR who
are reqmred to drive a vehmle m the normal scope and course of their employment must possess a
vahd Texas drivels hcense and automobile habthty insurance Evidence of the employee's current
Agenda Information Page 11
Page 7 of 14
possession of a vahd hcense and ~nsurance must be mmntmned on a current basis ~n
CONTRACTOR's files
E Actual losses not covered by ~nsurance as required by this Section are not allowable
costs under th~s Agreement, and remmn the sole respons~blhty of CONTRACTOR
F The policy or pohmes of ~nsurance shall contmn a clause which mqmres that CITY
and CONTRACTOR be notffied in wntang of any cancellatton or change m the policy at least thirty
(30) days prior to such change or cancellation
10.
EQUAL OPPORTUNITY
Dtmng the performance of this Agreement, the CONTRACTOR ~s subject to Executive
Order 11246, as amended, and, therefore, agrees to the following
(1) The CONTRACTOR will not discriminate against any employee or apphcant for
employment because of race, color, religion, sex, national origin, or familial status
The CONTRACTOR will take affirmative action to ensure that applicants who are
employed are treated dunng employment w~thout regard to their race, color,
religion, sex, national origin, or familial status, concermng such employment,
upgrading, demotion, or transfer, recruitment or recrartment advertising, layoff or
termination, rates of pay or their apprenticeship The CONTRACTOR agrees to
post ~n conspicuous places, avmlable to both employees and applicants for
employment, nottces to be prowded by the CITY setting forth provisions of this
nonthscnrmnataon clause
(2) The CONTRACTOR, m all sohcltatmns or advertisements for employees placed by
or on behalf of the CONTRACTOR, shall state that all qualffied applicants will
receive conslderataon for employment w~thout regard to race, color, religion, sex,
national ongln, or familial status
11.
CONFLICT OF INTEREST
A CONTRACTOR covenants that neither at nor any member of ~ts govermng body
presently has any interest, d~rect or redirect, which would conflict in any manner or degree with the
performance of servmes reqmred to be performed under this Agreement CONTRACTOR further
covenants that m the performance of this Agreement, no person hawng such interest shall be
employed or appointed as a member of ~ts govermng body
B CONTRACTOR further covenants that no member of its govermng body or its
staff, subcontractors or employees shall possess any ~nterest in or use this position for a purpose
that is or gives the appearance of being moUvated by desire for private gmn for themselves, or
others, pamcularly those with which they have family, bus~ness, or other ties
Agenda Information Page 12
Page 8 of 14
C No officer, member, or employee of CITY and no member of its governing body
who exercises any functton or responsibilities in the review or approval of the undertalang or
carrying out of this Agreement shall pammpate m any decision relating to the Agreement which
affects bas personal interest or the interest in any corporation, partnerstup, or association in which
he has direct or indirect interest
12.
POLITICAL OR SECTARIAN ACTIVITY
A None of the performance rendered hereunder shall involve any political aetlwty
(incbadmg, but not limited to, any activity to further the elecUon or defeat of any candidate for
pubhc office) or any activity undertaken to influence the passage, defeat or final content of
legislation
B None of the performance rendered hereunder shall involve or benefit in any, manner
any sectarian or religious activity
13.
WARRANTIES
CONTRACTOR represents and warrants that
A All information, reports and data heretofore or hereafter requested by CITY and
furnished to CITY, are complete and accurate as of the date shown on the lnformatton, data, or
report, and, since that date, have not undergone any slgmficant change w~thout written notice to
CITY
B Any supporting financial statements heretofore requested by CITY and furmshed to
CITY, are complete, accurate and fmrly reflect the financml condition of CONTRACTOR on the
date shown on smd report, and the results of the operation for the period covered by the report, and
that since smd date, there has been no material change, adverse or otherwse, in the financial
condition of CONTRACTOR
C No htigat~on or legal proceedings are presently pending or threatened agatnst
CONTRACTOR
D None of the provisions herein contravenes or is in conflict with the authority under
which CONTRACTOR is doing business or with the provisions of any existing indenture or
agreement of CONTRACTOR
E CONTRACTOR has the power to enter into flus Agreement and accept payments
hereunder, and has taken all necessary action to authorize such acceptance under the terms and
conditions of this Agreement
Agenda Information Page 13
Page 9 of 14
F None of the assets of CONTRACTOR ~s subject to any hen or encumbrance of any
character, except for current taxes not dehnquent, except as shown m the financml statements
furnished by CONTRACTOR to CITY
G Each of these representalaons and warrant~es shall be contmmng and shall be
deemed to have been repeated by the submission of each request for payment
14.
COVENANTS
A Dunng the period of t~me that payment may be made hereunder and so long as any
payments remain unhqmdated, CONTRACTOR shall not, w~thout the prior written consent of the
Commumty Development Adm~mstrator or her anthonzed representative
(1) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of
the assets of CONTRACTOR now owned or hereafter acqmred by ~t, or penmt any
pre-emsttng mortgages, hens, or other encumbrances to remmn on, or attached to, any assets
of CONTRACTOR wluch are allocated to the performance of ttus Agreement and w~th
respect to wtuch CITY has ownership hereunder
(2) Sell, assign, pledge, transfer or otherwise d~spose of accounts receivables,
notes or clmms for money due or to become due
(3) Sell, convey, or lease all or substantml part of ~ts assets
(4) Make any advance or loan to, or recur any habd~ty for any other firm,
person, entity or corporation as guarantor, surety, or accommodation endorser
(5) Sell, donate, loan or transfer any eqmpment or ~tem of personal property
purchased wtth funds prod to CONTRACTOR by CITY, unless CITY authorizes such
transfer
B CONTRACTOR agrees, upon written request by CITY, to reqmre ~ts employees to
attend tratmng sassmns sponsored by the Community Development Office
15
MONITORING AND EVALUATION
A CITY shall perform on-site momtorlng of CONTRACTOR's performance under
th~s Agreement
B CONTRACTOR agrees that CITY may carry out momtonng and evaluataon
act~wtles to ensure adherence by CONTRACTOR to the Work Statement, and Program Goals and
ObJect,yes, whtch are attached hereto as Attachment A, as well as other provisions of this
Agreement
Agenda Information Page 14
Page 10 of 14
C CONTRACTOR agrees to cooperate fully wath CITY in the development,
tmpleme.n~ataon and mmntenance of record-keeping systems and to provide data determined by
CITY to be necessary for CITY to effectively fulfill its momtonng and evaluatton responstbthttes
D CONTRACTOR agrees to cooperate in such a way so as not to obstruct or delay
CITY m such momtonng and to destgnate one of tts staff members to coordtnate the momtonng
process as requested by CITY staff
E CITY shall prowde a written evaluaUon of contract performance to the
CONTRACTOR watlun 30 days of the momtonng
F, W~thm 60 days of notfficaUon by the CITY, the CONTRACTOR shall provide
complete responses mclude a statement aeknowledgtng any corrective action required to be taken
due to Ctty of Denton momtonng findings and concerns
G CONTRACTOR shall subnut coptes of any fiscal, management, or audat reports by
any of CONTRACTOR s funding or regulatory bodtes to CITY w~tban five (5) working days of
~ R
recetpt by CONTRACTO
16.
DIRECTORS' MEETINGS
A CONTRACTOR shall ensure that all board of chrectors and memberslup meetings
are pubhcly advemsed and an agenda posted w~th the Ctty Secretary and the Commumty
Development D~v~ston at least 72 hours prior to the meettng Such nottce shall include an agenda
and a brief description of the matters to be dtscussed
B! CONTRACTOR understands and agrees that CITY representatives shall be
afforded access to all of the Board of Directors' meetings
C Mmutas of all meetangs of CONTRACTOR's governing body shall be avmlable to
CITY va~an ten (10) working days of approval
17.
NEPOTISM
CONTRACTOR shall not employ m any pad capacity any person who is a member of the
immediate family of any person who ts currently employed by CONTRACTOR, or ts a member of
CONTRACTOR's govermng board The term "member of immediate family" includes wafe,
husband~ son, daughter, mother, father, brother, stster, in-laws, aunt, uncle, nephew, mece,
step-parent, step-child, half-brother and half-s~ster
Agenda Informatton Page 15
Page 11 of 14
18.
SUSPENSION OF FUNDING
A Upon determinat~on by CITY of CONTRACTOR's fmlure to t~mely and properly
perform each of the reqmrements, t~me conditions and duties prowded hereto, CITY, w~thout
hmltmg any rights it may otherwise have, may, at ~ts d~scret~on, and upon ten (10) working days
written notice to CONTRACTOR, w~thhold further payments to CONTRACTOR Such horace
may be g~ven by mml to the Executxve Officer and the Board of Directors of CONTRACTOR The
notice shall set forth the default or fmlure alleged, and the action required for cure
B The period of such suspension shall be of such duration as ~s appropriate to
accomplish correct~ve action, but m no event shall it exceed thirty (30) calendar days At the end of
the suspension period, if CITY determines the default or deficiency has been satisfied,
CONTRACTOR may be restored to full compliance status and pad all ehg~ble funds withheld or
~mpounded during the suspension period If, however, CITY determines that CONTRACTOR has
not come into compliance, this Agreement may be terminated under Section 19 oftius Agreement
19
TERMINATION
A The CITY shall have the right to terminate th~s Agreement, m whole or m part, at
any time whenever the CITY determines that the CONTRACTOR has failed to comply with any
term of tbas Agreement The CITY shall not~fy the CONTRACTOR m writing thirty (30) days
prior to the date of termination, the effective date of such termination, and ~n the case of partial
tenmnatlon, the portion of the Agreement to be tenmnated Property shall be subject to dlsposmon
B The CITY shall have the r~ght to terminate th~s Agreement for convemence, m
whole or m part by written notification to the CONTRACTOR which shall ~nclude the reason for
such termination, the effective date and the portion to be terminated
C The CONTRACTOR shall have the r~ght to terminate th~s Agreement for
convemenee, m whole or m part, by written notification to the CITY, which shall include the reason
for such tenmnatton, the effective date and the port~on to be terminated
D If, m the case of a partaal termination, ~t ~s the determination of CITY that the
remmmng portion of the award is not sufficient to accomphsh the project as described m the Work
Statement, CITY may require that the entire grant be terminated
20
INDEMNIFICATION
A. It ns expressly understood and agreed by both parties hereto that CITY is
contracting with CONTRACTOR as an independent CONTRACTOR and that as such,
CONTRACTOR shall save and hold CITY, its officers, agents and employees harmless from
all habdlty of any nature or land, including costs and expenses for, or on account of, any
Agenda Information Page 16
Page 12 of 14
clmms, audit exceptions, demands, stats or damages of any character whatsoever resuihng ~n
whole or !n part from the performance or omission of any employee, agent or representative
of CONTRACTOR.
B.. CONTRACTOR agrees to provide the defense for, and to indemnify and hold
harmless CITY its agents, employees, or contractors from any and all claims, stats, causes of
action, demands, damages, losses, attorneys fees, expenses, and habd~ty armng out of the use
of these contracted funds and program administration and implementation except to the
extent caused by the willful act or omission of CITY, its agents, employees, or contractors
21.
NOTICE
For purposes of flus Agreement, all official commumcat~ons and notmes among the part~es
shall be deemed made as of the date totaled if sent postage prod to the pames and address set for
below
TO CITY TO CONTRACTOR
C~ty Man0ger Director
C~ty of Denton Denton Affordable Housing Corporation
215 E Meganney St 303 N Carroll Blvd Suite 108
Denton, Texas 76201 Denton, Texas 76201
22.
VENUE
This Agreement shall be anterpreted m accordance with the laws of the State of Texas and
venue of any httgatton coneermng flus Agreement shall be in a court of competent jurisdiction
s~tt~ng m Denton County, Texas
23.
CONSOLIDATION AGREEMENT
Ttus Agreement consohdates and replaces all prewous Agreements between CITY and
CONTRACTOR and all Amendments to those Agreements except where otherwise expressed
herein Prowded, however, that CONTRACTOR shall be reqmred to malntmn all affordabfllty
reqmrements on all HOME funded projects, shall fully perform all cont~nmng obhgat~ons reqmred
under these previous Agreements and apphcable state, federal and local laws and shall contmue to
use all HOME proceeds from any CITY-funded projects since CONTRACTOR's ~ncept~on for
HOME-ehloble act~vmes as described ~n flus Agreement and as may be reqmred by law
Ilfl WITNESS OF WHICH flus Agreement has been executed on flus the day of
,2000
Agenda Information Page 17
Page 13 of 14
CITY OF DENTON
BY
MICHAEL W JEZ, CITY MANAGER
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
DENTON AFFORDABLE HOUSING
CORPORATION
)3'OARD PRESIDENT
ATTEST
Agenda Information Page 18
Page 14 of 14
ATTACHMENT "A"
WORK STATEMENT
Denton Affordable Housing Corporation
The DentOn Affordable Housing Corporation ("DAHC") was developed to increase the supply of
affordable housing m the Denton area The orgamzatlon is desagned to carry out the followang
acUvataes but as not hmlted to these admunstrataon, rehabthtataon, acqmslUon, new constmctaon,
tenant-based rental assastance and pubhc sermce programs
Expenditure of Caty funds for housing projects as hunted to projects watlun the city limas of
Denton DAHC's projects and programs will primarily benefit low and moderate-income
households Low and moderate ancome as defined as households below 80% of the area medaan
income
The Affordable Homeownershap Opportumty Program provides for acqms~tlon, renovataon and
sale of single-family umts HOME funding m the amount of $78,300 wall be used an the Program
Proceeds from the sale of properties will be placed m the AHOP program fund to be used to
continue the program No more than 10% of the HOME portaon of the project sales proceeds may
be utflazed for project dehvery costs for the program The HOME pomon of the proceeds is based
on the percentage of HOME funds included in the project
The Affordable Housing Construction Program provides funding to construct single-family
umts Propemes stumble for single-family housing vail be acquired through purchase or donatton
Umts wall be constructed in such a way as to make them affordable to low and moderate-income
households Umts vall be sold tO HOME-ebgable households Not more than 10% of the total
funding mount may be used to assist buyers vath down payment and closang costs
The Moelangblrd Lane Proleet wall culunnate in the development of a munmum of 15 single-
famfly housing unats on property donated to and acquired by the Denton Affordable Housing
Corporation The project includes acqtusat~on of property adjacent to the donated site off
Mockingbird Lane, project planmng, sate development, construction and sale of the single-family
units An unspecffied amount of HOME program proceeds retained by DAHC from previous
projects may be used for the project The Mockangblrd Lane project wall be completed wathln four
years from the date of flus contxact
Agenda Information Page 19
ATTACHMENT "B"
PROGRAM BUDGET
Affordable Homeownersbap Opportumty Program $78,300
Affordable Housing Construction Program $113,867
Mockingbird Lane Project - An unspecified amount of HOME proceeds may be used for this
proI eet.
Agenda Information Page 20
Agenda No,~
Agenda item~--
AGE1N~)A Ii~T][~ORMAT[ON SHEET
AGE~DA DATE September 26, 2000
DEP~T~NT Ut~hW Admtmstratmn
ACM Howard Mmm, 349-8232 ~
S~CT
~ O~CE AUTHO~G T~ CITY ~AGER TO E~CUTE A WATER ~
COST P~TIC~ATION AG~E~NT BET~EN THE CITY OF DENTON ~
DENTON ~EPE~ENT SCHOOL DIST~CT FOR T~ CITY'S P~TIC~ATION ~
THE OVERS~G OF WATER ~S ~ ~ ACCO~CE ~TH T~ TE~S ~
CO~ITIONS OF T~S O~CE, AUTHO~G T~ E~E~IT~ OF F~S
T~FOR, ~ PROVinG ~ EFFECT~E DATE
BACKGROUND'
Denton ~dependent school D~s~ct (DISD) is cons~ctmg ~e Wa~e Ry~ Element~ School
on Ry~ Road (See Exhlb~t I) There ~e no C~ of Denton Water ~d Sewer hnes at ~e
proposed school s~te Therefore off-site water ~d sewer facfl~tles consmctmn ~s reqmred to
se~e the proposed fac~h~ The follow~ng describes the off-site water ~d sewer famhtles ~d
· e overs~zmg reqmrements
WATER
There ~s an emstmg 12-inch water hne at ~e mtersectmn of Forest ridge ~d Ryan Road The
school ~11 reqmre ~ 8-tach water line to prowde se~me The Cx~ of Denton Water
D~smbutmn System Master PI~ shows a 12-tach water line extensmn along Ry~ Road ~e
Cx~ will p~xc~pate m the overs~zmg cost ~om ~ 8-mch to a 12-tach water hne The oversxze
cost ~om 8-tach to 12qnch water line ts estmated at $20,337 00 E~b~t 5 ~d E~bxt III show
· e cost of 8-tach ~d 12-tach water lines respectively
SE~R
The proposed school fac~h~ ~s located do~ll ~om the ex~stlng C~ of Denton Wastewater
hnes located at the mtersectmn of Fo~es~dge ~d Ry~ Road A h~ statmn xs needed to
prowde w~tewater se~me to the proposed famh~, as ~aw~ se~ce ~s not feamble The DISD
proposed 50 g~lons per minute pmpmg capam~ ~d a 3-tach force mm to se~e the proposed
faclh~ St~f has worked wl~ DISD to oversize the h~ statmn to se~e ~e con~butmg sewer
shed To s~e ~e sewer shed ~e pmpmg capam~ needed xs 257 g~lons per ~ute wi~ a 6-
tach force mare ~so, ~ 8-tach s~bout with m~ole on Ryan Road h~ been prowded for
h~e ~avx~ co~ectmn to the h~ sta~on DISD h~ subdued ~e~ oversize costs for the
wastewater system ~d modfficatmns to ~e ~mmge system (see e~b~t ~) Staff has gone
over these costs w~th DISD DISD has submitted a request for $128,132 for oversize and
drainage modlficanons Staff ~s recommending approval of $76,941 41 Exhibit V shows the
breakdown of staff recommended oversize partm~patmn m relation to the DISD request
OPTIONS
1 The DISD bmlds water and sewer famht~es to serve the proposed school faclhty only
2 Oversize the water and sewer fac~htles m accordance w~th the Water Master Plan to
serve the contributing sewer shed
RECOMMENDATIONS
Staff recommends the City participate m the overs~zlng of the water and sewer faclht~es
PRIOR ACTION/REVIEW (Council, Boards~ Corem )
PUB Recommended for Approval by PUB on August 21, 2000
FISCAL INFORMATION
BID INFORMATION
MAP
See l~xtnb~t I
Respectfully submitted
Howard Martm~
Prepared by Assistant C~ty Manager Ut~ht~es
P S Arora, P E
Engineering Adm~mstrator
Extnblt I Locatmn Map
Extnblt II Cost Estimate 8-tach water line
Exlub~t 1II Cost Estimate 12- ~nch water hne
Extnb~t IV DISD proposed oversize costs for wastewater fac~hty
Exlublt V Staffrecommended oversize wastewater faclhty costs
Exlublt VI Water Mare Cost Partmlpatmn Agreement
~ Wayne S. Ryan Elementary
s Utility Locations D~TON
I Scale 1"=500' EXHIB/T /
3
ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS
PROJECT Wayne Stuart Ryan Elementary School S~te Denton Independent School D~stnct
ESTIMATE PREPARED BY RAHJTJC DATE
8" WATER LINE
SANITARY SEWER SYST~EM
S" x $" Tees ~
~ -- 7 EA $ 3000~ S 2,10E
3 ~ S 32~ S g75
7 ~ S 1,500~ ~ 10,500
i ~ 84,88S
Not~
1 ~e OpAnlen of Probable Cens~en co~ )s made by an engmeer, not a profess,enal cost
estimator or ~n~rucaon cmn~actor The a~uracy of the estimate ~s not g~amntead
2 Estimate Is based on cuffent c~nst~0n c~Sts, an~ estimates supplied by
Cha~ar Bulldem, Inc, (Not a firm supply quote)
Glenn Englneermg Corporation
100 De.er Cou~ SUite 250
Ir~ng Tezas 75082 2322
972 717-5151 FAX $72-719-4~2S
EXHIBIT II
5
ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS
PROJECT Wayne Stua~ Ryan EJementar7 Sch,',ol S~te Denton Independent School D~stnct
ESTIMATE PREPARED BY RAH/TJC DATE 08/23/00
12" WATER LINE
SANITARy SEWER SYSTEM
~ rs 2900
_ - -- . 3,675
7 I ~ ~ 1 50000 $ 10500
1
I The Oplnmn cf Probable C~nst~c~on cost is ma~e by an e~gmeer, not a professional
estimator or ~n~c~on con,actor The accum~ of the esama~ ~s no~ guaranteed
2 Esbmate ~s base~ on cu~nt cons~caen ~sts, an~ estimates supphed by
Cha~er Bulldem, Inc (Net a fi~ supply qu~te)
Glenn Engineering Co~aratmn
1 O0 Decker C(:u~, Suite 250
Irving Texas 75062-23~
972 7~7-5151 F~ 972-7~9~22g
EXHIBIT III 6
Se~n Robinson
SHW Ar~htec~
9001 Ah-port Freeway, State
N~chl~ ~lls, T~s 76180
Re Ry~ Elemen~ School
D~to~ T~s
Onm~O~te U~ht~ Ch~es
D~ ~
~clo~ pl~se find our rews~d ~cm~ for the u~h~ chases prep~ by Gle~
on ~e fef~ p~j~t These ~s ~r~nt ~e cu=em ~mpa~ of~e d~l~ c~es ~ we
now ~d~d them ~ pro~ mclud~ (1) ~&Uon~ mobfl~on chute of 5~,000
~ ~e s~ sew~, s~o~ ~ ~d wat~ line ~rk Shoed ~s ~rk not be
~1 at once, ad~nond mobfl~t~on ~ar~s ~11 be ln~ at a r~e of 55,~0 00 ~
~ propel m ~ follows
Wa~ $ ~0~ 00
Sm~ ~e 16,815 00
~l~ S~ 6" and ~" 44,245 00
~ Lift S~on 81,67~ O0
S~a C~huls ~,~0 00
~o~ Mobfl~z~wn 5,0~ 00
Spod ~ov~ 1.600, O0
Subtot~ $193,938 00
Sa~r Bond 2.914 00
TOT~ ADD
~1~ 3~ fo~ ~ (20,720 00)
~1~ on~n~ 1~ ~Uon (4S.~.~)
~T~ ~D~ (~S,720.~)
~efo~ e~ n~ mc~ to p~ thee uah~ c~es m
EXHIBIT IV 7
o~
~ ~ ~ oo~oo
~ °°
0
k
8
ORDINANCE NO
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER MAIN
COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND
DENTON INDEPENDENT SCHOOL DISTRICT FOR THE CITY'S PARTICIPATION IN
THE OVERSIZING OF WATER MAINS AND IN ACCORDANCE WITH THE TERMS AND
CONDITIONS OF THIS ORDINANCE, AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City desires to partmlpate m the cost of overslzmg water mmns to be
designed, installed, and constructed by Denton Independent School Dlstnct m an amount not to
exceed Twenty Thousand Three Hundred Tinrty Seven Dollars and No Cents ($20,337 00), m
accordance with §34-118(b)(2) of the Code of Ordinances of the City of Denton, Texas and
TEXAS LOCAL GOVERNMENT CODE §212 072, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the C~ty Manager m authorized to execute a Water Mmn Cost
Part~clpatlon Agreement Between the C~ty of Denton and Denton Independent School D~stnct
for the overmzmg of approximately 1,993 linear feet of water hne from eight-tach (8") water
mare to twelve-tach (12") inch water mmn, on Ryan Road, substantmlly in the form of the
attached Agreement, winch ~s incorporated herewith and made a part of this ordinance for all
purposes, subject to Denton Independent School Dmtnct entenng into a Development Contract
with the City of Denton, m accordance with Chapter 34 of the Code of Ordinances of the City of
Denton, Texas
SECTION 2 That the City Manager ~s hereby authonzed to make the expenditures as
set forth m the attached Agreement
SECTION 3 That tins ordinance shall become effective ~mme&ately upon ~ts passage
and approval
PASSED AND APPROVED tins the day of ,2000
EULINEBROCK, MAYOR
ATTEST
JENNI~ERWALTERS, C~Y SECRETARY
By
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEy
10
THE STATE OF TEXAS §
COUNTY OF DENTON §
WATER MAIN COST PARTICIPATION AGREEMENT
BETWEEN THE CITY OF DENTON AND
DENTON INDEPENDENT SCHOOL DISTRICT
WHEREAS, Denton Independent School District hereinafter referred to as
"Developer", whose business address is 909 Linden, Denton Texas 76201 wmhes to develop
and ~mprove certain real property named "WAYNE STUART RYAN ELEMENTARY
SCHOOL" (as shown m Exinint I, attached hereto and mcorporated herein by reference),
located m the City of Denton, Texas or ~ts extratemtonal junsdm'aon, and is reqmred to
provide such real property with adequate collection capamty by designing, constructing and
mstallmg, a water line of an reside diameter of e~ght roches (8"), hereinafter referred to as the
"Reqmred Faclht~es", and
WHEREAS, the C~ty of Denton, Texas, a Mummpal Corporation w~th its offices
located at 215 East McKmney, Denton, Texas 76201, hereafter referred to as the "C~ty, m
accordance with its ordinances, `rashes to partm~pate m the cost of the construction and
mstallatmn of sa~d water mare to promde for an "oversized" water mare to expand ~ts utflxty
system and insure adequate ut~hty serrate to other customers,
NOW, THEREFORE, m consideration of the mutual promises and covenants
contained herem the Developer and the City AGREE as follows
1 Developer shall design, install, and construct approximately 1,993 linear feet of
twelve-tach (12") water line, and all necessary appurtenances thereto, hereafter referred to as
the "Oversized Fac~Imes" as shown on Exhibit I, attached hereto and ~ncorporated harem by
reference'
2 As reqmred by Chapter 34 of the Code of Ordinances of C~ty of Denton, Texas,
Developer ,mil enter into a Development Contract prior to beginning of construe'non of the
Oversized Famht~es Thls Agreement ~s subject to and governed by said Development
Contract and any other apphcable ordinances of the C~ty of Denton, Texas
3 Prior to beginning of construction of the Oversized FaclllUes, Developer shall
obtain, at Developer's sole cost and expense, all necessary permits, hcenses and easements
The easements, deeds, and plats therefor obtained by Developer shall be reviewed and
approved' as to form and substance by City prior to the begnmmg of construction If
Developer ~s unable to acqmre needed easements, Developer shall pro,nde C~ty with any
requested documentation of efforts to obtain such easements, mcludmg evidence of
negotmUons and reasonable offers made to the affected property owners Any easements for
the Oversized Famht~es obtained by the Developer shall be assigned to City, ~f not taken m
City's name, prior to acceptance of the Oversized Famlmes, and Developer warrants clear t~tle
to such e~sements and will defend C~ty against any adverse claim made against such utle
11
EXHIBIT VI
4 City's share m the cost of the Oversized Facthtms ~s based upon the d~fference ~n
the cost of ~nstallmg Required Fac~ht~es, as determined by City, and the cost of the Oversized
Fac~htles, as determined by C~ty, shall be m an amount not to exceed Twenty Thousand
Three Hundred Thirty Seven Dollars and Zero Cents ($20,337 00) C~ty may elect one of the
follow~ng methods to determine C~ty's share of the cost
a) Developer shall prepare plans and specifications and furmsh them to C~ty C~ty shall
competitively b~d the reqmred hne and the Oversized Famht~es m accordance w~th
Chapter 252 of the Texas Local Government Code The &fference m the bids shall be
used to determine the C~ty's share, subject to C~ty's maximum participation m cost as
specified ~n th~s Agreement, or
b) Developer shall prepare plans and spemficatmns and take b~ds on the reqmred line and
the Oversized Famht~es C~ty shall pay Developer the least amount of the following
(1) The thfference ~n the b~ds for the reqmred hne and the Oversized Factht~es, or
(2) Partm~patmn by the C~ty at a level not to exceed One Hundred pement
(100%) of the total cost for any overs~zmg of ~mpmvements reqmred by the
C~ty, including, but not hmlted to increased capacity of nnprovements to
ant~mpate other future development m the area, all as promded for m
§212 072(b) of the Texas Local Government Code, as amended or
(3) $20,337 00, the maximum partm~pat~on cost allowed hereto
The City shall not, m any case, be hable for any additional cost because of delays ~n
beginning, continuing, or completing constructaon, changes m the price or cost of materials,
supphes, or labor, unforeseen or unanticipated cost because of topography, so~l, subsurface,
or other s~te conditions, differences m the calculated and actual per linear feet of pipe or
materials needed for the Oversized Fac~ht~es, Developers dems~on as to the contractors or
subcontractors used to perform the work, or any other reason or cause, specified or
unspemfied, relatmg to the constmctmn of the Oversized Famht~es
5 The City w~ll make monthly payments for ~ts share of the Oversized Fac~ht~es
The Developer shall submit monthly pay requests on forms provided by the C~ty The
Developer's engineer shall verify that each pay request ~s correct Each pay request, along
w~th the engineer's venficatmn, shall be submitted to the Engineering & Transportataon
Department of the C~ty The C~ty wdl retain 10% of the total dollar amount unttI the project
~s accepted Payment by the C~ty to the Developer w~ll be made w~thm thmy (30) days of
receipt of the pay estimate and the engineer's verification
6 To determine the actual cost of the Oversized Fac~htles, C~ty shall have the right
to respect any and all records of Developer, his agents, employees, contractors or
subcontractors, and shall have the right to reqmre Developer to submit any necessary
mformatmn, documents, mvomes, receipts or other records to verify the actual cost of the
Oversized Famhtms
2
S \Our Docurnents\Contraets\00\Water Mom Cost Partmlp Agnnt Denton lSD doe ] 2
7 Ali notices, payments or commumcatlons to be given or made pursuant to this
Agreement by the parties hereto, shall be sent to Developer at the business address given
above and to the Assistant C~ty Manager for Utilities for C~ty at the address given above
8 Developer shall mdenmify and hold C~ty harmless from any and all claims,
damages, loss or hablhty of any land whatsoever, by reason of injury to property or person
occasioned by any act or omission, neglect or wrongdoing of Developer, its officers, agents,
employees, mvltees, contractors or other persons w~th regard to the performance of this
Agreement, and Developer shall, at its own cost and expense, defend and protect C~ty against
any and all such clan-ns and demands
9 If Developer does not begm substantial constmctlon of the Oversized Facilities
w~thln twelve (12) months of the effective date of execution of this Agreement, this
Agreement shall termmate
10 Th~s instrument embodies the enUre agreement of the parties hereto and there
are no promises, terms, conditions or obligations other than those contmned or Incorporated
here~n This Agreement shall supersede all previous communicattons, representations or
agreements, whether verbal or written, between the parties hereto with respect to the subject
matter of this Agreement
11 This Agreement shall not be assigned by Developer w~thout the express written
consent of the City
12 Any and ali stats for any breach of this Agreement, or any other suit pertmnmg
to or arising out of th~s Agreement, shall be brought in a court of competent junsdlctmn m
Denton County, Texas Thts Agreement shall be governed by and construed tn accordance
with the laws of the State of Texas
EXECUTED m duphcate original counterparts by the duly-authorized offimals and officers
of the C~ty and the Developer, on thxs the day of ,2000
CITY OF DENTON, TEXAS
A Texas Mummpal Corporation
By
Michael W Jez, C~ty Manager
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By
3 13
S \Our Documents\Contraota\00\Water Main Cost Parttmp Agrmt Deutou lSD doc
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTOP,_NEY
By . , _
"DEVELOPER"
DENTON INDEPENDENT
SCHOOL DISTRICT
By
ATTEST
By
4
14
Agenda ~te m ~,.~,_
AGENDA INFORMATION SHEET
AGENDA DATE September 26, 2000
DEPARTMENT Ut~hty Admm~strahon
ACM How~d M~m, 349-8232 ~
SUB.CT
~ O~CE AUTHO~G T~E C~TY M~AGER TO E~CUTE A SE~R
FORCE ~ ~ L~T STATION COST P~T~C~ATION AG~EMENT 8ET~EN
T~ C~TY OF DE~ON ~ DE~ON ~EPE~E~ SCHOOL DIST~CT FOR T~
C~TY'S P~TIC~AT~ON ~ T~E OVERS~G OF SE~R FORCE ~ ~ L~T
STATION ~ ~ ACCO~CE ~TH THE TE~S ~ CO~ITIONS OF T~S
O~CE, AU~O~G THE E~E~IT~ OF F~S T~FOR, ~
PROVinG ~ EFFECT~E DATE
BACKGROUND
Denton ~dependent school D~stnct ~ISD) ~s cons~ctmg ~e Wa~e Ry~ Element~ School
on Ry~ Road (See E~b~t I) There ~e no C~W of Denton Water ~d Sewer hnes at ~e
proposed school s~te Therefore off-rote water ~d sewer fac~ht~es cons~ct~on ~s required to
se~e the proposed fac~h~ The following describes the off-site water ~d sewer fac~ht~es ~d
· e overs~z~g requlr~ents
WATER
There ~s m ~x~s~g 12-tach water line at ~e ~ntersect~on of Forest ridge ~d Ry~ Road The
school w~ll ~eq~e ~ 8-tach water line to prowde se~ce The C~W of Denton Water
D~stnbut~on System Master Pi~ shows a 12-tach water line extension along Ry~ Road The
C~W w~ll p~c~pate m the overs~z~ng cost ~om ~ 8-tach to a 12-tach water hne The owrs~ze
cost kom 8-tach to 12-tach water hne ~s est~ated at $20,337 00 E~b~t H ~d E~b~t III show
the cost of 8-~nch ~d 12-tach water lines respectwely
SE~R
The proposed school fac~hW ~s located do~ll ~om the ex~stmg C~W of Denton Wastewater
lines located at the ~ntersect~on of Fo~esmdge ~d Ry~ Road A h~ station ~s needed to
prowde wa~ewater se~ce to ~e proposed fac~hW, as ~awW se~ce ~s not feamble The DISD
proposed 50 g~lons per ~ate pmpmg capac~W ~d a 3-tach force m~ to s~e the proposed
fac~hW St~f has worked w~ DISD to overmze ~e hR station to se~e ~e con~butmg sewer
shed To se~e the sewer shed the pmpmg capac~W needed ~s 257 gallons per ~ute w~th a 6-
tach force mm ~so, ~ g-tach smbout with m~ole on Ry~ Road h~ been provided for
~e gawW co~ect~on to the hR staRon DISD has subm~Red their oversize costs for the
wastewater system and modifications to the drmnage system (see exhibit IV) Staff has gone
over these costs w~th DISD DISD has subrmtted a request for $128,132 for oversize and
drainage mod~ficatmns Staff is recommending approval of $76,941 41 Exhibit V shows the
breakdown of staff recorranended oversize partmipatmn m relation to the DISD request
OPTIONS
1 The DISD bmlds water and sewer fac~ht~es to serve the proposed school fac~hty only
2 Oversize the water and sewer fac~ht~es m accordance w~th the Water Master Plan to
serve the contributing sewer shed
RECOMMENDATIONS
Staff recommends the City participate ~n the overs~z~ng of the water and sewer fac~ht~es
PRIOR ACTION/REVIEW (Courted, Boards, Corem )
PUB Recommended for Approval by PUB on August 21, 2000
FISCAL INFORMATION
BID INFORMATION
MAP
See Exhtb~t I
Respectfully subnutted
Howard Martin
Assmtant C~ty Manager Ut~ht~es
Prepared by
P S Arora, P E
Engineering Admunstrator
Extnb~t I Location Map
Extnblt II Cost Estimate 8~tach water line
Exlub~t IH Cost Estanate 12- tach water line
Exl'nblt IV DISD proposed oversize costs for wastewater famhty
Exlub~t V Staff recommended oversrze wastewater faclhty costs
Exhibit VI Sewer Force Man and L~ft Statmn Cost Participation Agreement
~[~ Wayne S. Ryan Elementary ~'
I s Utility Locations
Scale 1"=500' EXHIBIT I
3
ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS
PROJECT Wayne Stuart Ryan Elementar7 School S~te Denton Independent School D~stnct
ESTIMATE PREPARED BY RAH/TJC DATE 06/23/00
8" WATER LINE
SANITARY SEWER SYSTiENI
$ 20 O0 $ 39 880
Fire Hydrants ~ $ 325 00 $
~ 975
~ $ 1 000
1~e Oplnlo~ Of Probable Con~on co~ l$ made by an engineer, not a profess)onal cost
estimator or ~n~rucaon con,actor The a~uracy of the est~mate ~s not guaranteed
2Estimate is bas~ on cuffent const~cflon costs and estimates supphed by
Cha~ar Bufldem. Inc. (Not a fi~ supply quote)
Glenn Engineering Corpomtmn
11~0 Dec,er Cou~ Suite 250
In/lng Texas 75062 2322
972 717-5151 FAX g72.719.42~.9
EXHIBIT II
5
ENGINEER'S OPINION OF PEOBABLE CONSTRUCTION COSTS
PROJECT Wayne Stuart Ryan Elementary $ch~=l S~te
Denton independent School D~stnct
ESTIMATE PREPARED BY RAHfTJC DATE 06/23/00
12" WATER LINE
TheOplnm~fProba~leCons~c~oncost~smadeb anen ~ .
estimator or con~mc~on contractor The accu .... ~,~- ? ne~r. not a professional cost
,a~z ~r ~ es~a~ ~s ~ot guaranteed
Estimate ~s based on Cu~nt cons~c~on c~sts, an~ estimates supphed by
Cha~er ~ulldem, Inc (Netafi~su~lyquote)
Glenn Englneenng Corparatton
100 Dec~:erC=urt Suge 250
Irving, Texas 75062 2322
972-717-51~1 FAX 972-719.4229
EXHIBIT III
6
~ CHARTER BUILIgERS~ INC. coRPo~.~ OFFZCES
D,~a..~, ~ 7~3~4
(g72) ~
A~ 10, 2000
S~m Robinson
,qHW Arehitectz
9001 Airport Freeway, Suite 570
North Rachland H~lls, Texas 76180
Re Ryan Elemental/School
Denton, Texas
Onsite/Offsne UUhty Charges
Dear Sean
Enclosed please tinct our revised pricing for the urahty changes prepared by Glenn Englnec~ng
on the referenced proJeCt These costs represent the cu~errt lmpac~ of~e design changes ~s wc
now und~tnct them Our proposal melude9 (1) additional mobilization charge of $$,000 to
per~orm the sanitary sewer, storm sewer and water line work Shoulct this work net bc rel~sccl
all at once, adchtlnoal mobilization charges will be incurred at a rate o£ $$,000 00 each
Our proposal Is as ~tlows
Water $ 603 O0
Storm Dr~rtage i~S, S15 00
Sanitary Sewer 5" and 8" 44,245 00
Revmed LiR Station S1,675 00
5eafla Cu.;,uis ~4,000 00
Adflmoual Mobthzatton 5,000 00
5pod Removal 1.600,00
Subtotal $193,938 00
Subcontractor Bond 2.914 00
TOTAL ADD $t~,852.00
Credit for original scope
Delete 3" force -~_,~ (20,720 00)
D~lete original lift station
'~ere£oz~, o~= net ~nc~e to per~orm these ~tfll~/c~nSes ~s $~2.8,132.00.
EXHIBIT IV
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- I
ORDINANCE NO
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SEWER
FORCE MAIN AND LIFT STATION COST PARTICIPATION AGREEMENT BETWEEN
THE CITY OF DENTON AND DENTON INDEPENDENT SCHOOL DISTRICT FOR THE
CITY'S PARTICIPATION IN THE OVERSIZING OF SEWER FORCE MAIN AND LIFT
STATION AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS
ORDINANCE, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the C~ty desires to partm~pate m the cost of overs~z~ng sewer force mmn and
h£t statmn to be designed, installed, and constructed by Denton Independent School District m an
amount not to exceed Seventy S~x Thousand Nme Hundred Forty One Dollars and Forty One
Cents ($76,941 41), m accordance w~th §34-I18(b)(2) of the Code of Ordinances of the C~ty of
Denton, Texas and TEXAS LOCAL GOVERNMENT CODE §212 072, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the C~ty Manager ~s authorized to execute a Sewer Fome Mmn and
L~ft Statmn Cost Partm~pat~on Agreement Between the C~ty of Denton and Denton Independent
School Dmtnct for the overs~zmg of approxanately 1,490 linear feet of sewer force mare from
threeqnch (3") sewer force mmn to s~x-mch (6") and overs~zmg of hft station from 50 gallons
per minute to 257 gallons per minute and to provide a 8-tach (8") sewer stub-out at the
Northwest comer of the subject property on Ryan Road, substantially m the form of the attached
Agreement, winch ~s incorporated herewith and made a part of tins ordmance for all purposes,
subject to Denton Independent School D~stnct entenng into a Development Contract w~th the
C~ty of Denton, m accordance w~th Chapter 34 of the Code of Orchnances of the C~ty of Denton,
Texas
SECTION 2 That the C~ty Manager ~s hereby authorized to make the expenditures as
set forth m the attached Agreement
SECTION 3 That tins ordinance shall become effective mnnedmtely upon ~ts passage
and approval
PASSED AND APPROVED t!ns the day of ,2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By 9
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
10
THE STATE OF TEXAS §
COUNTY OF DENTON §
SEWER FORCE MAIN AND LIFT STATION COST PARTICIPATION
AGREEMENT BETWEEN THE CITY OF DENTON AND
DENTON INDEPENDENT SCHOOL DISTRICT
WHEREAS, Denton Independent School D~stnct hereinafter referred to as
"Developer", whose business address as 909 Linden, Denton Texas 76201 wishes to develop
and improve certain real property named "WAYNE STUART RYAN ELEMENTARy
SCHOOL" (as shown m Exhabat I, attached hereto and incorporated here~n by reference),
located m the C~ty of Denton, Texas or ars extratemtonal junsdmnon, and as reqmred to
provide such real property wath adequate collect~on capacity by designing, constructing and
installing, a sewer force mmn of an msade dmmeter of three roches (3") and a hft statton of 50
gallons per minute capamW, hereanafter referred to as the "Reqmred Famhtaes", and
WHEREAS, the Caty of Denton, Texas, a Mummpal Corporataon w~th ats offices
located at 215 East McKmney, Denton, Texas 76201, hereafter referred to as the "C~ty, m
accordance wath at~ ordinances, washes to partampate m the cost of the constmcUon and
mstallatmn of smd sewer force mare and to provade for an "oversized" hft statmn to expand
ats utthty system and msure adequate utflaty servme to other customers,
NOW, THEREFORE, m consaderataon of the mutual promases and covenants
contmned hereto the Developer and the C~ty AGREE as follows
1 Developer shall design, install, and construct approxamately 1,490 hnear feet of
6Nmch (6") force mare and 257 gallons per minute hft stanon, together wath a 8-tach stub-out
at the Northwest comer of the subject property on Ryan Road, and all necessary
appurtenances thereto, hereafter referred to as the "Oversized Facthnes" as shown on Exhablt
I, attached hereto and incorporated hereto by reference
2 As reqmred by Chapter 34 of the Code of Ordinances of C~ty of Denton, Texas,
Developer will enter rotc a Development ConWact prior to begmmng of constructmn of the
Oversazed Famht~es Thru Agreement as subject to and governed by smd Development
Contract and any other apphcable ordinances of the C~ty of Denton, Texas
3, Prior to beginning of construction of the Overmzed Facthnes, Developer shall
obtmn, a~ Developer's sole cost and expense, ali necessary permits, hcenses and easements
The easvments, deeds, and plats therefor obtained by Developer shall be rewewed and
approved as to form and substance by C~ty prior to the begmmng of constmetaon If
Developer ~s unable to aeqmre needed easements, Developer shall pmmde C~ty wath any
requested documentatmn of efforts to obtain such easements, including credence of
negotmtmns and reasonable offers made to the affected property owners Any easements for
the Oversazed Famhtles obtained by the Developer shall be assagned to C~ty, ~f not taken m
C~ty's name, prior to acceptance of the Overmzed Famlmes, and Developer warrants clear tatle
to such easements and wall defend CaW agamst any adverse clmm made against such t~tle
11
1~ ~'MI~II' Itl
4 City's share ~n the cost of the Oversized Facthtles ~s based upon the d~fference m
the cost of ~nstallmg Reqmred Fac~llt~es, as determined by City, and the cost of the Oversized
Fac~ht~es, as determined by City, shall be in an amount not to exceed Seventy S~x Thousand
Nme Hundred Forty One Dollars and Forty One Cents ($76,941 41) City may elect one of
the followmg methods to determine C~ty's share of the cost
a) Developer shall prepare plans and spemficatmns and furnish them to C~ty C~ty shall
competitively bid the reqmred hne and the Oversized Faclhtles m accordance w~th
Chapter 252 of the Texas Local Government Code The difference m the b~ds shall be
used to determine the City's share, subject to C~ty's maximum paraclpatlon m cost as
spemfied m this Agreement, or
b) Developer shall prepare plans and specifications and take b~ds on the reqmred Ime and
the Oversized Fac~htles C~ty shall pay Developer the least amount of the following
(1) The difference in the b~ds for the reqmred hne and the Oversized Famh'aes, or
(2) Part~c~patmn by the C~ty at a level not to exceed One Hundred percent
(100%) of the total cost for any overs~zmg of ~mprovements reqmred by the
C~ty, ~ncludmg, but not hm~ted to increased capamty of ~mprovements to
anticipate other future development m the area, all as prowded for m
§212 072(b) of the Texas Local Government Code, as amended or
(3) $76,941 41, the maximum parttmpat~on cost allowed hereto
The C~ty shall not, m any case, be hable for any additional cost because of delays m
beginning, contmmng, or completing construction, changes m the price or cost of materials,
supplies, or labor, unforeseen or unantm~pated cost because of topography, so~l, subsurface,
or other s~te conditions, thfferences ~n the calculated and actual per hnear feet of p~pe or
materials needed for the Overmzed Famht~es, Developers demsmn as to the contractors or
subcontractors used to perform the work, or any other reason or cause, specified or
unspecified, relating to the constmctuon of the Oversized Famhttes
5 The C~ty w~lI make monthly payments for ~ts share of the Oversized Facthtms
The Developer shall submit monthly pay requests on forms promded by the C~ty The
Developer's enguneer shall verify that each pay request Is correct Each pay request, along
w~th the engineer's venficatmn, shall be submitted to the Engineering & Trunsportatmn
Department of the C~ty The C~ty w~ll retain 10% of the total dollar amount unlal the project
~s accepted Payment by the C~ty to the Developer w~ll be made w~thm thmy (30) days of
receipt of the pay estimate and the engineer's venficat~on
6 To determine the actual cost of the Oversized Fac~ht~es, C~ty shall have the right
to respect any and ail records of Developer, h~s agents, employees, contractors or
subcontractors, and shall have the right to reqmre Developer to submit any necessary
mformat~on, documents, mvomes, receipts or other records to verify the actual cost of the
Oversized Famhtaes
2 12
7 All notmes, payments or communications to be grven or made pursuant to th~s
Agreement by the part~es hereto, shall be sent to Developer at the business address g~ven
above and to the Assistant C~ty Manager for Ut~hties for C~ty at the address g~ven above
8 Developer shall mdernmfy and hold City harmless from any and all claims,
damages, loss or hab~hty of any k~nd whatsoever, by reason of injury to property or person
occasioned by any act or omission, neglect or wrongdoing of Developer, ~ts officers, agents,
employees, mmtees, contractors or other persons w~th regard to the performance of th~s
Agreement, and Developer shall, at ~ts own cost and expense, defend and protect C~ty against
any and all such claims and demands
9 If Developer does not beg~n substantial construction of the Oversized Facilities
w~thm twelve (12) months of the effective date of execution of th~s Agreement, thas
Agreement shall terminate
10 Tins instrument embodies the entire agreement of the part,es hereto and there
are no promises, terms, conditions or obhgatmns other than those contmned or incorporated
herein Th~s Agreement shall supersede all prewous commumcatlons, representations or
agreements, whether verbal or written, between the part,es hereto w~th respect to the subject
matter of thru Agreement
11 Th~s Agreement shall not be assigned by Developer w~thout the express written
consent of the C~ty
12 Any and all stats for any breach of th~s Agreement, or any other stat pertammg
to or arising out of th~s Agreement, shall be brought m a court of competent junsd~ctaon m
Denton County, Texas Th~s Agreement shall be governed by and construed m accordance
w~th the laws of the State of Texas
EXECUTED m duphcate original counterparts by the duly-authorized offimals and officers
of the Clty and the Developer, on th~s the day of ,2000
CITY OF DENTON, TEXAS
A Texas Mummpal Corporation
By
M~chael W Jez, C~ty Manager
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By
3 13
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
"DEVELOPER"
DENTON INDEPENDENT
SCHOOL DISTRICT
By
ATTEST
By
4 14
Agenda Item
AGENDA INFORMATION SHEET
AGENDA DATE September 26, 2000
DEPARTMENT Utd~ty Admires:ration
ACM Howard Mart~n, 349-8232~
SUBJECT
AN ORDiNANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH EMCON,
A TEXAS CORPORATION, FOR ENGINEERING SERVICES PERTAINING TO
CONSTRUCTION MANAGEMENT AND TESTiNG SERVICES DURING THE
CONSTRUCTION PHASE TO THE EXPANSION OF CITY OF DENTON LANDFILL
CELLS 2A AND 2B, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND
PROVIDiNG AN EFFECTIVE DATE
BACKGROUND
The final design servtces for the Landfill Phase II expanmon were prowded by EMCON The
project was advertised for b~ds m July 2000 Handex Construction Company was the low and
qualffied b~dder for constmctmn of cells 2A and half of cell 2B for the Phase II expansion of the
landfill Dunng the construction of the landfill expansmn, construction management and testmg
servmes mandated by TNRCC are reqmred Staffhad instructed EMCON to prepare a cost
proposal for these servmes EMCON submitted a cost proposal ~n negotiations w~th the staff
The negotmted proposal amount for the constmct~on management and testing serv, ces amounts
to $119,715 PUB approved the cost proposal on July 17, 2000
OPTIONS:
C~ty does not have m house capab~hty to meet TNRCC mandated ~nspector qualfficat~ons and
material testing reqmrements Tlus work therefore, has to be done by outside contractor
RECOMMENDATIONS.
Staff recommends approval of the profesmonal sermces agreement w~th EMCON
PRIOR ACTIONfREVIEW (Coun¢fl~ Boards, Commiss~ons)
PUB Approved the professmnal sermces agreement with EMCON on July 17, 2000
FISCAL INFORMATION
$150,000 m included m the bond funds for construction management servmes m the FY 2000
CIP (See Exhibit II)
BID INFORMATION
None
MAP
See Exhibit I
ResPl:Ctfully submitted
ar ~e WatlalSs
Director Solid Waste
Prepared by
P S Arora, P E
Engmeenng Administrator
Exhtblt I Locatmn Maps
Exlublt II CIP Detail Sheet
Exlnblt III Professional Services Agreement
2
City ,of Denton Landfill Location Map
leU.
N
Legend ~
~ LANDFILL 1 ~nch equals 2,500 feet
EXHIBIT 1
2000 CAPITAL IMPROVEMENT PROJECT # 00-0803-04
PROJECT TITLE (G) DE',, ELOP PHASE 2~ L.kNDFILL DESIGN
ESTINI~TED COST S22~ Ix 1000) GROUP ASSIGNMENT 7
DESCRIPTION Design of Phase 2A The first phase will be near completion and ~t wdl be necessary
for filhng operations to continue without Interruption
PURPOSE Engineering Design 5225 000
Construction S2 173 000
ENCL MBRANCES CASH E\PENDIT[ RES
BOND REV ~LIC OTHER TOTAL BOND REV AIC OTHER TOT~,L
TOTAL IST YR S225 S0 S0 $0 $225 $225 $0 $0 S0
TOTAL 2ND YR S2 173 $0 S0 S0 $2,17~} S2 173 S0 S0 S0 S2 173
TOTAL .1RD YR S0 $0 S0 S0 SO S0 $0 S0 S0 S0
GIL4.N D TOT S,L S2,398 50 $0 S0 S2,398 $2,398 $0 $0 S0 S2..t98
ENCUMBRANCE DATES Encumbered as spent
PHASE DATE A~,IOL~'T OBJECT# CAPITALIZED LABOR
General Purchase Labor
Engineenng De~ge Oct 99 S22S Equipment
Inspection Mater~al
Construction
Miscellaneous
ENCL ~IBRA. NCE TOT A.L $225
COMMENTS Final cover of Phase I This ~s a mult~ year proJect,
beginning w~th design tn
Encumbrances prmr to 2000
Current CIP SO
Future Encumbrances 5'225 000
S2,173,000
Total Project Budget $2,398,000
4
7/6/00 14 52
EXHIBIT II-
ORDINANCE NO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH EMCON,
A TEXAS CORPORATION, FOR ENGINEERING SERVICES PERTAINING TO
CONSTRUCTION MANAGEMENT AND TESTING SERVICES DURING THE
CONSTRUCTION PHASE OF THE EXPANSION OF CITY OF DENTON LANDFILL
CELLS 2A AND 2B, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR., AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council deems it m the public mterest to engage EMCON, a Texas
Corporatmn ("EMCON"), to prowde professional engmeenng services to the City pertaining to
the construction management and testing servmes dunng the construction phase for the
expansion of City of Denton Landfill Cells 2A and 2B, and
WHEREAS, the City staff has reported to the Ctty Council that there is a substantial need
for the above-described professional services, and that hmlted City staff cannot adequately
perform the services and tasks with its own personnel, and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional
Services Procurement Act", generally provides that a City may not select a provider of
professxonal servxces on the basis of competltxve bids, but must select the prowder on the basis of
demonstrated competence, knowledge, and qualifications, and for a faxr and reasonable pnce,
and
WHEREAS, the City Council has provided in the Cxty Budget for the appropnanon of
funds to be used for the purchase of the professional serwces, as set forth in the Professional
Services Agreement, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the City Manager is hereby authorized to execute a Professional
Servmes Agreement with EMCON, a Texas Corporation, of Fort Worth, Texas, for professional
engineering servmes pertaining to the construction management and testing services during the
construction phase for the expansion of the City of Denton Landfill Cells 2A and 2B, m
substantially the form of the Professional Services Agreement attached hereto and incorporated
herewith by reference
SECTION 2 That the award of tlus Agreement by the C~ty is on the basis of the
demonstrated competence, knowledge, and qualifications of EMCON and the abdxty of EMCON
to perform the professional services needed by the City for a fair and reasonable price
SECTION 3 That the expenditure of funds as provided m the attached Professional
Services Agreement zs hereby authorized
5
I~EXH IBIT III
SE.___CTION 4 That this ordinance shall become effective unmedmtely upon ~ts passage
and approval
PASSED AND APPROVED thas the __ day of _, 2000
ELrLINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEy
S \Our Documents\Ordlnances\00\EMCON PSA Landfill 2A+2B Ord doe
STATE OF TEXAS §
COUNTY OF DENTON §
PROFESSIONAL SERVICES AGREEiV[ENT FOR ENGINEERING SERVICES
PERTAINING TO TIIE CONSTRUCTION MANAGEMENT AND TESTING SERVICES
DURING TIlE CONSTRUCTION PHASE FOR THE CITY OF DENTON, TEXAS LANDFILL
EXPANSION OF CELLS 2A AND 2B
THIS AGREEMENT ~s made and entered into as of the day of
_, 2000, by and between the C~ty of Denton, Texas, a Texas
Mur~clpal Corporation, with its pnnmpal offices at 215 East McKnq_ney Street, Denton, Texas
76201 (hereafter "OWNER") and EMCON, a Texas Corporation, w~th ~ts offices at 5701 East Loop
820 South, Fort Worth, Texas 76119 (hereafter "CONSULTANT"), the parties acting hereto, by
and through their duly-authonzed representatives and officers
WlTN'ESSETH, that m consideration of the covenants and agreements hereto contmned, the
part,es hereto do mutually AGREE as follows
ARTTCT~F T
EMPLOYMENT OF CONSULTANT
The OWNER hereby contracts with CONSULTANT, as an independent contractor, and the
CONSULTANT hereby agrees to perform the services hereto m cormection with the ProJect as
stated m the Arncles to follow, with duhgence and m accordance w~th the professional standards
customarily obtained for such sermces m the State of Texas The professmnal services set forth
herein are in cormectmn with the following described project (the "ProJect")
Professmnal engineering services pertaining to the construction management and testing servmes
during the ¢onslzuct~on phase for the expansion of the C~ty of Denton Landfill Cells 2A and 2B
(EMCON Project No 803321)
A R TTCT ,I~. TT
SCOPE OF SERVICES
The CONSULTANT shall perform the following Basic Services in a professmnaI manner
A To perform those professional sermces as set forth m the "Scope of Work and Cost Estnnate
for Constmctmn Phase Services, Phase 2 Liner Constructmn, C~ty of Denton Landfill,
Denton County, Texas," prepared by CONSULTANT for OWNER m June 2000, winch
document is attached hereto as Exlnblt "A," and ~s incorporated hereto by reference, winch
document ~s compnsed of eleven secnons
'1 IntroducUon [page 1-1],
2 Scope of Services [pages 2-1 through 2-8],
3 ProJect Orgamzat~on [page 3-1],
4 ProJected Schedule [page 4-1],
s,o~.~.~.~..~o.~,.~.~^ ~,c.,~..~ Page 1 of 10
5 Proposal Assumptions [page 5-1],
6 Add~t~onaI Services [page 6-1],
7 Estimated Budget [page 7-i],
8 Appen&x A
9 Appendix B
10 Appendix C
11 Appendix D
B If there is any conflict between the terms of tins Agreement and Exlubtt "A" attached to tins
Agreement, the terms and condmons of tins Agreement shall control over the terms and
condmons of the Exinint
AR TIC]' ,E
ADDITIONAL SERVICES
Any addmonal services to be performed by the CONSULTANT, ff anthonzed by the
OWNER, winch are not mcluded as Basic Services ~n the above-described Scope of Servmes, set
forth as prowded by Artmle II above, shall be later agreed-upon by OWNER and CONSULTANT,
who shall deterrmne, m writing, the scope of such addmonal services, the amount of compensation
for such addltmnal services, and other essentaal terms pertmmng to the prowmon of such adthtIonal
services by the CONSULTANT OWNER and CONSULTANT have agreed that those servmes
hsted at page 6-1 of Extnint "A" attached hereto are "Additional Servmes," that ~s, services wl2ch
CONSULTANT and OWNER may conmder as tins engagement progresses
PERIOD OF SERVICE
Tins Agreement shall become effective upon execution by the OWNER and the
CONSULTANT and upon the ~ssuance of a nonce to proceed by the OWNER, and shall remain m
force for the period whtch may reasonably be reqmred for the completmn of the Project, including
Addmonal Servmes, ff any, and any reqmred extenmons approved by the OWNER TI'us
Agreement may be sooner terminated m accordance with the prov~mons hereof Tn'ne ~s of the
essence ~n tins Agreement CONSLrLTANT shall make all reasonable efforts to complete the
servmes set forth hereto as exped~tmusly as posmble and to meet the schedule reasonably
estabhshed by the OWNER, acting through ~ts Assistant City Manager of Ut~htles, or ins demgnee
ARTTC]',F ~
COMPENSATION
A COMPENSATION TERMS
1 "Subcontract Expense" ~s defined as those expenses, ff any, recurred by
CONSULTANT m the employment of others m outrode firms, for services m the area
of professional engineering, or related services Any subcontractor or subconsultant
Inlhng reasonably recurred by the CONSULTANT m cormectlon with the ProJect shall
be mvmced to OWNER at the actual cost
2 "Direct Non-Labor Expense" is defined as that expense, based upon actual cost, for any 8
Page 2 of I0
out-of-pocket expense reasonably recurred by the CONSULTANT m the performance
of tins Agreement, for long d~stance telephone charges, telecopy charges, messenger
services, printing and reproduction expenses, out-of-pocket expenses for purchased
computer tn-ne, prudently recurred travel expenses related to the work on the Project,
,and smular incidental expenses recurred m connection with the Project
B BILLING AND PAYMENT
For and m conslderatmn of the professional services to be performed by the CONSULTANT
hereto, the OWNER agrees to pay CONSULTANT, based upon the satisfactory completion
of the Basle Services tasks set forth m the Scope of Services as shown m Article II above, as
follows
1 CONSULTANT shall perform its work on tlns Project m accordance with the
pmvls~ons and the five (5) tasks more particularly set forth on pages 2-1 through 2-7
reclusive, of Exl'nblt "A' attached hereto and incorporated herewith by reference
CONSULTANT shall perform the sa~d professmnal services substantially in accordance with
the "Project Schedule" set forth on page 4-1 of Exinhlt "A" CONSULTANT shall be pad
for services rendered pursuant to the Agreement on the basis set forth m the "Project Budget"
set forth on page 7-1 of Extnint "A" billed monthly CONSULTANT shall blI1 from time
sheets, at the hourly rates prowded for m the "ProJect Budget" OWNER agrees to pay to
CONSULTANT for its professional servmes performed, and for its out-of pocket expenses
incurred m the Project, a total amount not to exceed $119,715 00
2 Partial payments to the CONSULTANT w~ll be made monthly m accordance with the
statements reflecting the actual completion of the Basic Services, rendered to and approved
by the OWNER through its Assistant City Manager for Utlht~es or bbs designee However,
under no circumstances shall any monthly statement for services exceed the value of the
work performed at the tnne a statement is rendered The OWNER may withhold the final ten
(10%) percent of the above not-to-exceed mount until satisfactory completmn of the ProJect
by the CONSULTANT
3 Nothing contained m tins Artmle shall reqmre the OWNER to pay for any work wbbch
is unsatisfactory as reasonably determined by the Assistant City Manager for Ut~hties or bbs
designee, or winch ~s not subrmtted by CONSULTANT to the OWNER m comphance with
the terms of tins Agreement The OWNER shall not be reqmred to make any payments to
the CONSULTANT at any tnne when the CONSULTANT is m default under tins
Agreement
4 It is spemfically understood and agreed that the CONSULTANT shall not be
anthonzed to undertake any work pursuant to tlns Agreement winch would require addltmnal
payments by the OWNER for any charge, expense or rennbursement above the not-to-exceed
mount as stated heremabove, without first having obtained the prior written authorization
from the OWNER CONSULTANT shah not proceed to perform any services to be later
provided for under Article ]III "Add:tlonal Services" w~thout first obtaining prior written
authonzaUon from the OWNER
C ADDITIONAL SERVICES For addiUonal services authorized m writing by the OWNER
9
~.~0o~m~,~.~,~^ ~o,,,,,~o~ Page 3 of 10
m Artlcle 1I[ heremabove, CONSULTANT shall be prod based on a to-be-agreed-upon
Schedule of Charges Payments for add~tmnaI servmes shall be due and payable upon
subrmssmn by the CONSULTANT, and shall be m accordance w~th Artmle V B
heremabove Statements for Basic Servmes and any add~tional services shall be subn~tted to
OWNER no more frequently than once monthly
D PAYMENT If the OWNER fmls to make payments due the CONSULTANT for
services and expenses w~tlun s~xty (60) days after receipt of the CONSULTANT'S
undisputed statement thereof, the amounts due the CONSULTANT wall be increased by the
rate of one percent (1%) per month from and after the smd sixtieth (60th) day, and m
addition, thereafter, the CONSULTANT may, after glvmg ten (10) days written notme to the
OWNER, suspend services under tins Agreement until the CONSULTANT has been prod m
full for all amounts then due and owing, and not d~sputed by OWNER., for servmes, expenses
and charges Prowded, however, nothing hereto shall reqmre the OWNER to pay the late
charge of one percent (1%) per month as set forth hereto, ~f the OWNER reasonably
deterrranes that the CONSULTANT's work ~s unsat~s£actory, m accordance w~th Article V
B oftlns Agreement, and OWNER has not~fied CONSULTANT of that fact m writing
ARTTCT ,~ x,F[
OBSERVATION AND REVIEW OF THE WORK
The CONSULTANT wall exercise reasonable care and due d~hgence m d~scovermg and
promptly reporting to the OWNER any defects or deficiencies m the work of the CONSULTANT
or any of ~ts subcontractors or subconsultants
ARTTCT ,~ VII
OWNERSHIP OF DOCLTMENTS
All documents prepared or furmshed by the CONSULTANT (and CONSULTANT's
subcontractors or subconsultants) pursuant to tins Agreement are instruments of servme and shall
become the property of the OWNER upon the termmatmn of tins Agreement The
CONSULTANT ~s entitled to retain copies of all such documents The documents prepared and
ftmushed by the CONSULTANT are intended only to be apphcable to tins project and OWNER's
use of these documents m other projects shall be at OWNER's sole risk and expense In the event
the OWNER uses the Agreement m another project or for other purposes than specified hereto any
of the mformatmn or materials developed pursuant to tl~s agreement, CONSULTANT is released
fi.om any and all hab]llty relating to thezr use m that project
2L~TTCT,F~ VTIT
INDEPENDENT CONTRACTOR
CONSULTANT shall provide services to OWNER as an independent contractor, not as an
employee of the OWNER CONSULTANT shall not have or clan-n any right arising from
employee status
10
Page 4 of 10
ARTICI .F. IX
INDEtVENITY AGREEMENT
The CONSULTANT shall mdemmfy and save and hold harmless the OWNER and ~ts
officmls, officers, agents, attorneys and employees from and against any and all habthry, clanns,
demands, damages, losses and expenses, including but not hmxted to court costs and r~asonable
attorney fees recurred by the OV~,TER, and including w~thout 1Lrmtatmn damages for bodily and
personal injury, death, or property damage, result, rig from the neghgent acts or omissions of the
CONSULTANT or ~ts officers, shareholders, agents, attorneys and employees m the executmn,
operatmn, or performance oftlns Agreement
Nothing m tins Agreement shalI be construed to create a hablhty to any person who ~s not a
party to tins Agreement and nothing hereto shall wmve any of the party's defenses, both at law or
eqmty, to any clanm, cause of action or l~t~gatlon filed by anyone not a party to tins Agreement,
including the defense of governmental mmnumty, winch defenses are hereby expressly reserved
ARTICT,~ X
INSURANCE
Dunng the performance of the Sermces under tlns Agreement, CONSULTANT shall
maintain the following insurance w~th an insurance company hcensed to do business m the State of
Texas by the State Insurance Board or any successor agency, that has a rating with A M Best Rate
Careers of at least an "A~" or above
A Comprehensive General Lmb~hty Insurance w~th bodily injury 1Lrmts of not less than
$500,000 for each occurrence and not less than $500,000 m the aggregate, and w~th property
damage lmuts of not less than $100,000 for each occurrence and not less than $100,000 m the
aggregate
B Automobde Llainhty Insurance w~th bodily injury hrmts of not less than $500,000 for each
person and not less than $500,000 for each acmdent and with property damage hrmts for not
less than $100,000 for each accident
C Worker's Compensation Insurance m accordance w~th statutory reqmrements and Employer's
L~ablhty Insurance w~th lnmts of not less than $100,000 for each accident
D Professional Lmblhty Insurance w~th lnmts of not less than $1,000,000 annual aggregate
E CONSULTANT shall furmsh insurance certificates or insurance pohcles at the OWNER's
request to ewdence such coverages The insurance pohmes shall name the OWNER as an
additional insured on ail such pohc~es to the extent that ~s legally possible, and shall contain a
provmlon that such insurance shall not be cancelled or modffied w~thout they (30) days pnor
wntt&n notice to OWNER and CONSULTANT In such event, the CONSULTANT shall,
pnor to the effective date of the change or cancellatmn of coverage, dehver cop~es of any
such substitute pohc~es, furmshmg at least the same pohcy Imnts and coverage, to OWNER
ARBITRATION AND ALTERNATE DISPUTE RES OLUTION
The parties may agree to settle any thsputes under ttns Agreement by submitting the dispute
to arNtratlon or other means of alternate dmpute resolution such as mediation No arbitration or
alternate dispute resolution arising out of or relattng to, tins Agreement mvolvtng one party's
disagreement may mclude the other party to the d~sagreement without the other's approval
ARTICr,~ XII
TERMINATION OF AGREEMENT
A Notwithstanding any other provsslon of tlns Agreement, e~ther party may temnnate tNs
Agreement by providing tinrty- (30) days advance written notice to the other party
B Tlns Agreement may also be temnnated m whole or tn part m the event of esther party
substantially failing to fulSI1 its obhgatmns under tlns Agreement No such termination
be effected unless the other party is g~ven (1) written notme (delivered by cemfied mml,
return receipt requested) of intent to terrmnate and setting forth the reasons specifying the
nonperformance or other reason(s), and not less than tNrty (30) calendar days to c~e the
fmlure, and (2) an opportumty for consultatmn w~th the tenmnatmg party prior to
terrrmlatlon
C If the Agreement ~s terminated prior to completion of the servmes to be provided hereunder,
CONSULTANT shall rmmedmtely cease all servmes upon receipt of the written notice of
terrmnat~on fi:om OWNER, and shall render a final Nil for services to the OWNER wlttun
twenty (20) days after the date of terrmnatlon The OWNER shall pay CONSULTANT for
all services properly rendered and satmfactonly performed, and for rennbursable expenses
pnor to notice of termination betng received by CONSULTANT, m accordance w~th Article
V oftlns Agreement Should the OWNER subsequently contract with a new consultant for
the cuntmuatmn of servmes on the Project, CONSULTANT shall cooperate m provldung
reformation to the OWNER and to the new consultant If applicable, OWNER shall allow
CONSULTANT a reasonable tune to transition and to turn over the Project to a new
consultant CONSULTANT shall turn over all documents prepared or furmshed by
CONSULTANT pursuant to tins Agreement to the OWNER on or before the date of
terrmnatlon, but may maintain copses of such documents for its files
ARTTCT,E X'TTT
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval of the work by the OWNER shall not constitute nor be deemed a release of the
responslNhty and llaNhty of the CONSULTANT, its officers, employees, agents, subcontractors,
and subconsultants for the accuracy and competency of then: designs or other work performed
pursuant to tins Agreement, nor shall such approval by the OWNER be deemed as an assumption
of such responsiNIity by the OWNER for any defect tn the design or other work prepared by the
CONSULTANT, its principals, officers, employees, agents, subcontractors, and subconsultants
~2
Page 6 of 10
ARTICI,R XIV
NOTICES
All notices, commumcatlons, and reports reqmred or permitted under tlns Agreement shall be
personally dehvered to, or telecopled to, or mmled to the respective parties by depositing same m
the Umted States mml at the addresses shown below, postage prepmd, certffied rnml, return receipt
requested, unless otherwise specffied hereto
To CONSULTANT To OWNER
EMCON City of Denton, Texas
Jeffrey P Young, Regnonal Engineering Manager c/o Michael W Jez, C~ty Manager
5701 East Loop 820 South 215 East Mclrdrmey
Fort Worth, Texas 76119 Denton, Texas 76201
Fax (817) 478-8874 Fax (940) 349-8120
All notmes under tins Agreement shall be effective upon their actual receipt by the party to
whom such not, ce ~s g~ven, or three (3) days oiler malhng of the not~ce, whichever event shall first
OCCLLr
ARTTCT,¢ X'V
ENTIRE AGREEIvlENT
This Agreement consisting of ten (140) pages and one (1) Exhibit constitutes the complete
and final expressmn of the Agreement of the part,es and is intended as a complete and exchis~ve
statement of the terms of their agreements, and supersedes all prior contemporaneous offers,
pmrmses, representations, negotlatmns, d~scuss~ons, com_mmcatmns, understandings, and
agreements winch may have been made m connectmn with the subject matter oftlns Agreement
ARTTCT,R XVT
SEVERABI~ITY'
If any prows~on of tlms Agreement m found or deemed by a court of competent junsdmt~on to
be invalid or unenforceable, ~t shall be considered severable from the remmnder of this Agreement,
and shall not cause the remainder to be mvahd or unenforceable In such event, the part~es shall
reform ttus Agreement, to the extent reasonably possible, to replace such stricken proms~on with a
valid and enforceable prowsmn which comes as close as possible to expressing the original
mtentmns of the part,es respecting any such stricken provlsmn
ARTTCT ,~ ~
COMPLIANCE WITH LAWS
The CONSULTANT shall comply w~th all federal, state, local laws, roles, regulatrons, and
ordinances apphcable to the work performed by CONSULTANT hereunder, as they may now read
or as they may hereailer be amended
13
Page 7 of 10
ARTTCI,F KVITi
DIS CPd3/iJNATION PROt-IIBITED
In performing the services reqmred hereunder, the CONSULTANT shall not discriminate
against any person on the basis of race, color, religion, sex, national ongm or ancestry, age, or
physical hand~cap
ARTICLE ;KIX
PERSONNEL
A CONSULTANT represents that it has or w~ll secure at its own expense all personnel requu:ed
to per/om ali the services required under tins Agreement Such personnel shall not be
employees or officers of, nor have any contractual relations with the OWNER
CONSULTANT shall nmmedlately inform the OWNER m writing of any conflict of interest
~ePt;~t~It~osn~l~e;~entn~rest that CONSULTANT may discover, or winch may anse during
B All services requn:ed hereunder w~ll be performed by CONSULTANT or under its direct
supervision All personnel engaged m perforrmng the work provided for m this Agreement,
shall be qualified, and shall be authorized and permitted under state and local laws to perform
such services
AILTICI .p
ASSIGNABILITY
The CONSULTANT shall not assign any interest in tins Agreement and shall not transfer
any interest m tins Agreement (whether by assignment, novation or otherwise) w~thout the prior
written consent of the OWNER CONSULTANT shall promptly notify OWNER of any change of
Its name as well as of any sigraficant change m its corporate structure or m its operations
ARTICLE
MODIFICATION
No waiver or modification of tins Agreement or of any covenant, condition, hnntatlon hereto
contained shall be valid unless m writing and duly executed by the party to be charged therewith
No ewdence of any wmver or mothficatmn shall be offered or received m evidence m any
proceeding arising between the pames hereto out of or affecting tins Agreement, or the rights or
obhgatmns of the parties hereunder, unless such waiver or modification is m writing, duly
executed The parties further agree that the provisions of tlus Article w~ll not be wmved unless as
hereto set forth
AKTICr.E ~
MIS CELLANEOUS
A The followmg extnbit is attached to, incorporated within, and is made a part of tins
Agreement for ali purposes pertinent
Exlub~t "A" - "Scope of Work and Cost Estnmate for Construction Phase Servmes, Phase 2 Liner
Constructmn, C~ty of Denton"
14
~,o~c~,,.~,moo~.~^ ~t~c~,~, Page 8 of 10
B CONSULTANT agrees that OWNER shall, until the exp~ratlon of three (3) years after the
final payment made by OWNER under tlns Agreement, have access to and the right to
exanune any d~rectly pertinent books, documents, papers and records of the CONSULTANT
revolving transactmns relating to tlns Agreement CONSULTANT agrees that OWNER
shall have access during normal working hours to all necessary CONSULTANT faclhues and
shall be provided adequate and appropnate working space m order to conduct examinations
or audits m compliance with tlns Artlcle OWNER shall g~ve CONSULTANT reasonable
advance nonce of ali intended examinations or audits
C Venue of any stat or cause of action under tins Agreement shall lie exclusively m Denton
County, Texas Tins Agreement shall be governed by and construed m accordance w~th the
laws of the State of Texas
D For purposes of tins Agreement, the paraes agree that the key persons who w~II perform most
of the work under tins Agreement shall be Jeffery Young, P E, David R Fnels, P E, and
Guy Campbell Tins Agreement has been entered mto with the understanding that the three
(3) above-stated employees of CONSULTANT shall perform all or a slgrnficant portion of
the work on the Project Any proposed changes regarding change ofpersounel, requested by
CONSULTANT, respecting one or more of the three (3) above-stated employees, shall be
subject to the approval of the OWNER, winch approval the OWNER shall not u_n_reasonably
w~thhold Notinng hereto shall hnnt CONSULTANT fi.om using other qualified and
competent members of ns firm to perform the other incidental services requrred hereto, under
its supermsmn or control
E CONSULTANT shall commence, carry on, and complete its work on the Project with all
appl,cable d~spatch, and m a sound, econonncal, efficient mariner, and m accordance with the
provisions hereof In accomphsbaug the Project, CONSULTANT shall take such steps as are
appropriate to ensure that the work revolved is properly coordinated with related work being
camed on by the OWNER
F The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's d~sposal
ali avatlable m_formation pertinent to the Project, including prewous reports, any other data
relaUve to the ProJect and arranging for the access to, and make ali prowsmns for the
CONSULTANT to enter m or upon, pubhc and private property as reqmred for the
CONSULTANT to perform professmnal services under tins Agreement OWNER and
CONSULTANT agree that CONSULTANT is entitled to rely upon mformanon furmshed to
it by OWNER without the need for further mqun'y or mvestlgatlon rote such mformanon
G The captions of tins Agreement are for reformational purposes only and shall not m any way
affect the substantive terms or conrht~ons oftlus Agreement
IN WITNESS Wt-IEREOF, the C~ty of Denton, Texas has executed tlns Agreement m four
(4) original counterparts, by and through ~ts duly authorized C~ty Manager, and CONSULTANT
has executed tins Agreement by and through ~ts duly anthonzed undersigned officer on tlns the
day of ,2000
15
"CITY"
CITY OF DENTON, TEXAS
By
MxchaeI W fez, C~ty Manager
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEy
"CONSULTANT"
EMCON
A Texas Corporatmn
ATTEST
By
Secretary
Page 10ofl0
EXHIBIT A
SCOPE OF WORK AND COST ESTIMATE
FOR
CONSTRUCTION PHASE SERVICES
PHASE 2 LINER CONSTRUCTION
CITY OF DENTON LANDFILL
DENTON COUNTY, TEXAS
Prepared for
City of Denton
June 2000
Prepared by
EMCON
5701 East Loop 820 South
Fort Worth, Texas 76119
817/478-8254
ProJect 803321
17
CONTENTS
1 INTRODUCTION
1 1 General 1-1
1-1
2 SCOPE OF SERVICES
2 1 General 2-1
2-1
2 2 Task 1 - Field Observation 2-2
2 3 Task 2 - Laboratory Testing 2-5
2 4 Task 3 - Site Visits and Coordtnatlon 2-6
2 5 Task 4 - Cert~ficatmn Reports 2-7
2 6 Task 5 - Construction Phase Engineering 2-7
3 PROJECT ORGANIZATION 3-I
3 1 Organization and Staffing 3-1
4 PROJECTED SCHEDULE 4-1
5 PROPOSAL ASSUMPTIONS 5-1
6 ADDITIONAL SERVICES 6-1
7 ESTIMATED BUDGET 7-1
APPENDIX A
Cost Estimate for 9-Acre Cell
Cost Estimate for 13-Acre Cell
Schedule of Fees
APPENDIX B
Construction Materials Testing
APPENDIX C
ProJect Organization
APPENDIX D
Resumes
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803321 i1
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2 SCOPE OF SERVICES
2 1 General
The following outlines our understanding of the scope of work for the Phase 2, Cell 2A
construction quality assurance and construction phase engineering services
· Participate m the pre-construction and progress meetings w~th the owner,
contractor, and surveyor
· Perform pre-construction sampling and testing of materials used during
construction in accordance with the Smls and Liner Quality Control Plan
(SLQCP), the Texas Natural Resource Conservation Commission's (TNRCC)
Mumclpal solid Waste Division Liner Construction and Testing Handbook,
dated July 1, 1994, and the plans and spec~ficauons for the project
· Perform field testing on each of the different constructed elements and verify
conformance with project plans and the SLQCP
· Monitor and provide documentation of construction procedures dunng
construction of the liner
· Collect samples and perform laboratory tesUng as outlined ~n the SLQCP and
the specifications
· Prepare daffy records of work in progress, test results, and observauons
· Prepare Soils and Geomembrane Liner Evaluation Reports (SLER and GLER)
· Assist the City in awarding the construction contract
· Conduct pre-construction and periodic construcUon progress meetings
· Assist the City m administration of the construction contract
· Prowde the contact for the contractor to request ~nfonnation
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19
It is proposed to provide these services through five tasks Tasks 1 through 4 will include
the CQA services, and Task 5 will include the construction management services It
should be recognized that there would be some overlap of CQA and management duties
that will result in efficiencies of time and effort It is anticipated that a staff engineer who
will be on site 3 days per week during liner construction will provide construction
management The staff engineer wdl be able to assist the CQA momtor w~th construction
observations, thereby eliminating some of the days a second momtor would be required
Additionally, it is expected that the professional of record wilI not be required to spend as
much time on site
2 2 Task 1 - Field Observation
Field Observation
This task includes ail labor and expenses assomated with providing full-time field CQA
services for cell construction as required by the permit, the SLQCP, and specifications
Prior to commencement of construction, the EMCON CQA personnel will meet at the
project site with representatives of the owner and the contractor(s) to review and
coordinate project schedules The roles and responsibilities of each party, lines of
communication, and documentation review procedures, as well as any other significant
issues will be discussed and agreed upon
Subgrade Construction Observations
EMCON will observe the quality of the subgrade of the landfill cell and any structural fill
that may be required to achieve the required subgrade elevations In-place density tests
and proof-rolhng will be used to determine subgrade density and uniformity Observed
deficiencies will be identified for remedial work
Compacted Clay L~ner Mon,tor~ng
The following monitoring and testing activities will be provided on a full-time basis by
experienced personnel during construction of the clay liner The number of soil tests
proposed for the clay liner is shown in Appendix B
· Perform field moisture/density tests on each lift as the clay liner ~s constructed
Test will be performed using the nuclear mmsture/dens~ty gauge
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20
· ~Obta~n thin wall tube samples for hydrauhc conductivity testing on each lift of
~lay hner
· Perform Atterberg hmits and percent passing No 200 sieve in conjunction with
the hydrauhc conductivity samples
· Monitor, test, and document clay hner construction procedures for compliance
with the TNRCC Liner Construction and Testing Handbook (July 1994) and the
SLQCP
* Cooperate with the owner's surveyor in order to achieve the necessary horizontal
and vertical control and record drawings The surveyor should provide a liner
thickness drawing with as-built coordinates for the liner Survey documentation
should include elevations at a minimum of one grid point per 5,000 square feet
for thickness measurements and sufficient points to define the liner perimeter
,The as-built drawmg should indicate the subgrade elevation and top of hner
elevation and hner thickness for each of the points Additionally, coordinates
for the limits of the liner and future tie-in area should be provided
Soils testang will be performed in EMCON's geotechmcal laboratory in Fort Worth,
Texas, as discussed under the Conformance Testing Section
Geomembrane Liner Construction Observations
Prior to ,construction, the geomembrane (GM) manufacturer will submit to EMCON the
quality control certificates for the material to be installed at the facility These
certificates will be reviewed by EMCON's CQA monitor to verify that a certificate has
been received for all GM rolls on site
The CQA monitor will observe all materials for defects and damage ReJection of
matermls wdl be at the discretion of EMCON Small defects will be repaired by the
geosynthetlcs Installer EMCON will check and verify that materials are stored in a place
that will prevent damage from weather fuels, or other contaminants
The CQA momtor will inventory the geosynthetlcs materials delivered to the site This
inventory will consist of roll number, batch/lot number, width and length of roll, and
whether or not the manufacturer's quality control certificate for the roll has been
received The CQA monitor will obtain samples of all geosynthetlcs for conformance
testing
Immediately after placement of geomembrane panels by the installer, the CQA monitor
will inspect and record each panel to detect any defect or damage caused by tnstallauon
operation or uplift by wind Rejection of panels or portions of panels will be at the
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21
d~scret~on of the CQA momtor Rejected panels or portmns of panels will be marked and
removed from the working area and stored in an area separate from the material being
used for construction of this cell
Prior to field seaming of panels, each seeming apparatus/operator will have a
quahficatlon test to verify that seaming conditions are adequate The installer will
perform these tests on scrap pieces of geomembrane at the beginning of the seaming
period for each seaming apparatus used ~n accordance with the requirements of the
spec~fications
Pre-weld quahficatmn test reports w~ll ~nclude date, welding techmcian ~mtials, seaming
apparatus number and temperature, apparatus seaming speed, and test results These tests
will be observed and recorded by CQA personnel
EMCON will record all seaming activities ~ncluding (1) observing that seams have
proper overlap, (2) verifying that the areas to be seamed are clean and free of debris,
(3) the date, (4) machine number and temperature, and (5) seam number TNs record
wall also reflect the test date, the locatmn, and number of any destructive samples
Defects, patches, and mr pressure test locatmns wall be assigned a number that will be
marked on the geomembrane for location purposes This log will also reflect the test and
repmr dates, along w~th a comment ~dent~fymg the type of defect and its location
EMCON will record daily actlvmes, which shall include but are not limited to
· Daily observations of GM ~nstallation actlvmes and recording of defects dunng
transportation and handling
· Observation and documentanon of anchor trench excavation, backfilling, and
compaction
· Observations and documentation of seams around appurtenances, and
connections to appurtenances
The Owner's project surveyor wdl be responsible for prowdlng as-bmlt survey
documentanon Coordinates and elevations should be prowded for each liner perimeter
point EMCON wdl coordinate and review the as-bmlt documentation If the surveyor ~s
prepanng an as-bmlt panel drawing, EMCON will provide panel numbers and destructive
seam test numbers
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803321 2-4 Rev I 6/9/00
22
Leachate Collection System and Protective Cover Construction Observations
Rolls of geotext~les, geocompos~tes or geonets, and samples of aggregate delivered to the
site will be verified for conformance with the project speclficatmns EMCON will
document materials, confirmation test data, roll tags or packing lists, and other pertinent
data Samples of coarse aggregate will be collected for gradation analyses and carbonate
content evaluation
The p~pe installation and connections will be observed by EMCON for general
conformance with the plans The manufacturer's technical data and certifications wdl be
collected for the project records
EMCON will examine the protective cover soil and note the placement of the protective
cover for any conditions or materials which could damage the liner or teachate systems
The owners' surveyor will provide the as-bmlt liner and protective cover documentation
The survey should ~nclude at a mlmmum
· Elevations of the subgrade, top of clay liner, and top of protectxve cover for the
prewously dmcussed control points
· Calculated thickness for the clay liner and protective cover for each survey point
· Coordxnates and elevations for selected points along the LCS pipes
· As-bmlt coordinates for the liner
2 3 Task 2 - Laboratory Testing
Pre-construction Borrow Laboratory Testing
EMCON is in the process of conducting tests of soil samples from an on-s~te stockpile It
is anticipated that these results will be used for the most part during liner construction
However, it is expected that at least one to two more samples will be obtained during
liner constructmn Laboratory testing of borrow samples will include Atterberg limits,
minus 200 sieve analysis, standard Proctor moisture/density relationships, and
permeability (hydraulic conductivity) tests Thxs lnformatmn will be used as the basis for
moisture and density testing during construction of the clay liner The proposed testing
for the clay borrow is ~dentlfied in Appen&x B
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23
Material Conformance Tesbng
Material conformance testing will be conducted in accordance with the SLQCP
Conformance testing will be conducted on the soils, geomembrane, and the drainage
aggregate Soil and drainage aggregate testing will be performed by EMCON in our Fort
Worth geotechmcal laboratory Testing of geosynthetlcs will be conducted in EMCON's
accredited geosynthetlc laboratory
Soil test results will generally be available within 3 to 5 days after receipt in the
laboratory Hydraulic conductivity (permeability) testing is given top priority and those
results can generally be available within 3 days Geosynthetlc conformance tests
normally take 3 to 4 days Geomembrane peel and shear seam test results will faxed to
the site (and geotechmcal professional) within 24 hours of receipt in the laboratory
Pnonty samples, including hydraulic conductivity and seam test samples, will be shipped
for priority overmght delivery to the laboratory the day sampled
Conformance testing quantities for the HDPE were based on an installed area of
approximately 13 acres Based on these quantities, 6 sets of conformance tests will be
required This quantity of conformance testing is based on the area of the geomembrane
and does not take into account the number of material lots If the material is produced
from more than six raw material lots, additional conformance testing will be reqmred
Peel and shear tests 0 e, destructive tests) will be conducted on GM seam samples during
installation Peel and shear test quantities are based on the cumulative length of seams
For estimating purposes, it was assumed that the panels would be 22 5 feet wide and that
the panel layout would be simple and strmghtforward If there are more than one or two
seam failures or if the panel layout is complicated, additional seam testing may be
required
2 4 Task 3 - State Wmts and Coordination
The engineer of record (certify~ng engineer) will visit the site as necessary to observe
liner quality assurance testing and construction activities Based on guidance from
TNRCC regarding cemficatlon reports, it is anticipated that site visits will be conducted
initially to observe the subgrade (and attend a pre-construction meeting), one to two times
each week during liner construcUon, and after compleuon to observe the protective cover
Coordination includes the time and costs associated with the following
· Coordination with field personnel
· Communication with the Owner
FW~C \WINDOWS\TEMP\DemonCQAProp DOO201 00\jw I EMCON
803321 2-6 Rev I 6/9/00
24
· Coor&nation of laboratory assignments and review of laboratory testxng
· Completion of periodic CQA project updates and minutes of meetings
2 5 Task 4 - Certification Reports
EMCON will prepare the Soils Liner Evaluation Report (SLER) and the Geomembrane
Liner Evaluation Report (GLER) The certification reports will contain
· The reqmred TNRCC forms
· A written narrative describing the project, tasks accomplished, and time frames
· Results of tests performed dunng the CQA program as discussed in this proposal
and the SLQCP
· As-built drawings
· Appendices including daily inspection fonns, defect tracking logs, and
supporting test data
The reports will be compiled into a bound document with all drawings folded and bound
or placed in protective envelopes Draft reports will be submitted to the client for review
The final reports will incorporate the Chent's review comments and will be signed and
sealed by a professional engineer registered in the State of Texas Five copies of each
certification report will be submitted (three to TNRCC and two to the Client)
The SLER and GLER will be under preparation during the constmcnon phase of the
project This allows EMCON to submit the reports ~n an expeditious manner shortly after
the completion of construction activities Generally the draft reports may be submitted
within two weeks of completion of the clay liner (protective cover), assuming the survey
documentation is received in a timely manor
2 6 Task 5 - Construction Phase Engmeenng
EMCON will provide a staff engineer to act as site representative to coordinate
construction issues with the contractor and City He will also coordinate design and
regulatory issues with the approprmte EMCON personnel Th~s task will include overall
project management required during construction It ~s anticipated that the following
subtasks will be included as part of EMCON's basic services
FW~C \WINDOWS\TEMP\DentonCQAProp DOC\201 00\jw I EMCON
803321 2-7 Rev I 6/9/00
25
· Conduct a pre-construction conference and periodic construction progress
meetings and prepare m~nutes documenting the meetings
· Review and approval of contractor submittals and communications and prepare
change orders 0f required)
· Review of monthly pay requests and reconciliation of quantmes
· Final contract closeout, including walk through ~nspectlon, preparation of the
punch list, preparation of consent of surety, and revxew of the final pay request
and submittals
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3 PROJECT ORGANIZATION
3 10rgamzation and Staffing
This section describes project organization for the Construction Quality Assurance
Monitoring, Testing, and Certification activities included in the Scope of Services of tfus
proposal A project orgamzatmn chart ~s provided ~n Appendix C Resumes for key
personnel are provided in Appendix D
A Professional Engineer (registered m Texas) will be assigned as the project
manager/certification engineer and a senior construcuon quality assurance momtor who
has experience in all aspects of construction momtormg for waste containment facilities
will be dedicated to the project By having this level of experience, EMCON feels that
this project will have a team that will perform the reqmred services outlined ~n the scope
of work efficiently and effectively The lead CQA monitor will be an experienced
eng~neenng technician or graduate engineer that meets the mimmum experience levels
specified in the SLQCP and LCTH Addmonal quahty assurance monitors may also be
assigned to the project as site work d~ctates
The Certlficauon Engineer (Professional of Record or Geotechmcal Professional) will be
Dawd R Fnels, P E As the certifying engineer, Mr Fnels will be responsible for project
management and preparatmn of the CQA Reports He will be responsible for site ws~ts,
momtorlng field activities, and review of material test data In addition, he will be
responsible for compilation of support information and monitoring the project budget
A staff engineer w~th on-s~te construcuon experience will be assigned as the site
representative He will work under the supervision of EMCON's Project
Manager/Professional of Record
It is expected that this team will be assigned for the full duration of the project or as
otherwise noted If for unforeseen circumstances changes are reqmred, staff w~th
eqmvalent quahficaUons will be assigned to the project w~th the client's approval
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4 PROJECTED SCHEDULE
The following schedule has been projected from previous experiences with construct]on
of similar hners Our cost est]mate has been based on thts schedule and the project
assumptions hsted m the following sect]on
ESTIMATED
NUMBER OF DAYS
FOR CQA MONITOR
CQA Monitor
ESTIMATED ESTIMATED days estimated
VOLUME PRODUCTION for a 13-Acre
DESCRiPTION OR AREA RATE Cell
(1)
Subgrade preparation and 10,500 cy 1,500 -2,000 5
general fill cy/day
Compacted Clay Liner 40,000 cy 1,500 - 2,000 22
cy/day
Geomembrane Liner and 566,400 sf 30,000 - 40,000 17 (2)
Geocompos~te sf/day
Leachate collection system 40,000 cy 1,500 - 2,000 21
trench and protective Cover cy/day
Perimeter road and pond 20,000 cy 3,000 - 4,000 5
cy/day
TOTAL ESTIMATED 70
DAYS FOR CQA MONITOR
Notes (1) Estimated quantity for a 13-acre cell
(2) A second momtor will be required full t~me dunng most of the
geomembrane tnstallat]on
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5 PROPOSAL ASSUMPTIONS
The Scope of Services and costs for Construction Quality Assurance Services presented
in this proposal are based on the following assumptions
· Construction is anticipated to start in July 2000
· Construction requiring a lead CQA monitor will take no longer than 70 days for
13 acres
· The construction manager will be on sae 3 days per week during the above
noted construction period The City (or contractor) will provide temporary
office space for the construction manager
· The construction schedule for our CQA monitor is based on 6 work days per
week at approximately 10 hours per day plus travel If beneficial to the project,
the monitor may stay in Denton part of the time, if so, per diem will be charged
rather than travel time
· The certifying engineer will be on-site generally two times per week dunng
construction He will attend the pre-construction meeting, construction progress
meetings, and also perform a final s~te visit after completion of protective cover
(as required by TNRCC)
· The duration and test quantities are based on information available at this time
and may be subject to change
· The City of Denton will provide surveying services and as-bmlt survey
drawings
· Five copies of the SLER and GLER will be required (3 for TNRCC and 2 for the
Chent)
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6 ADDITIONAL SERVICES
We have developed the preceding scope of work based on our understanding of the
project The following is a list of additional services for the City's current and future
consideration
· Laboratory testing in addition to those services ldentffied in Basic Services
· Construction Quality Assurance services provided beyond the estimated length
of construction times described in the Schedule
· Construction management duties requiring the engineer site representative on
site more than 3 days per week
· The cost of surveying or survey as-bmlt drawings
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7 ESTIMATED BUDGET
EMCON proposes to perform the servmes described above on a ttme and material bas~s
using fees hsted tn the standard fee schedule A projected cost esttmate has been
developed using the schedules from Section 4, the assumptxons prowded ~n Section 5, and
a composite b~lhng rate for each personnel category Project cost estimate work sheets
are prowded ~n Appendix A along wtth the standard fee schedule The estimated number
of tests ts pmvtded ~n Appendtx B
The projected budget for construction phase services for a 13-acre cell ~s $119,715
Actual charges will be based on the authorized t~me and tests, however, the fees will not
exceed the tmtmlly established budget w~thout the City's prior approval and unless our
scope of work ~s increased The C~ty will be prowded w~th penodtc project updates so
that the budget and project progress can be momtored
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31
APPENDIX A
Cost Estimate For 13-Acre Cell
Schedule Of Fees
32
EMCON Construction Phase Serwces 7/18/00
Cost Esttmate
Denton Landfill
13-Acre Cell
Direct Estimated
Task Description Hours Labor Laboratory
Expense Total Cost
1 CQA Monitor 998 $ 46,756 $3,916 $ 50,672
2 Lab Testing $11,743 08 $ 11,743
3 SlteVlsit~Coord 210 $ 19,920 $1,080 $ 21,000
4 Report 131 $ 8,852 $200 $ 9,052
Con~truction
5
Management 404 $ 25,664 $1,584 $ 27,248
EstImated Total
Cost 1,339 $ 75,528 $ 5,196 $ 119,715
The construction manager will be on site 3 days per week (36 days maximum)
Estimated Construction Schedule Days
General fill and subgrade preparatmn 5
Clay hner 22
Geomembrane hner and geocompos~te 17
LCS trenches, sumps, and protective cover 21
Structural fill for road and embankments 5
7O
Dentonl3ac xls 13 Acres
APPENDIX B
CONSTRUCTION MATERIALS TESTING
37
APPENDIX B
Material Conformance Tesbng
Phase 2
Cdy of Denton Landfill
Table 1
Clay Liner Matermls
Pre-constructmn and Borrow Source Testing
Test Test Standard Test 13-Acre Cell
Descr]ptmn (ASTM)* Frequency Number of Tests
Atterberg L~mlts D 4318 I / soft type 2
Sieve Analysis D 1140 I/soft type 2
Hydrauhc Conductivity D 5084 1 / stol type 2
Standard Proctor D 698 1 / sod type 2
Note The borrow tests nre~entlv m prog~- ...... ' ~'~ used
Table 2
Structural Fill Testing (Road and Embankment)
Test Test Standard Test Estimated Number of
Description (ASTM)* Frequency Material Quantity Tests Required
Atterberg Limits D4318 1 /soft type 18,000 to 20,000 cy 1
S~eve Analysis D 1140 I / sod type 1
Standard Proctor D 698 I / soil type 1
Field Moisture/Density D 2922 & D 3017 1 / 10,000 fi' 105
per lff~
*Unless otherwise noted
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803321 EMCON
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Table 3
Compacted Clay Liner (CCL)Tesflng
Test Test Standard Test 13-Acre Cell
Description (ASTM)* Frequency Number of Tests
Atterberg Ltmlts D 4318 I / 100,000 fV 24
per hft
Steve Analysis (-200) D 1140 1 / 100,000 ~2 24
per hft
Hydrauhc Conducttwty D 5084 1 / 100,000 ft2 24
per hft
Fmld Dens~ty/Motsture D 2922 & D 3017 1 / 8,000 fl.2 284
per hR
* Unless noted otherwise
Table 4
Drainage Geocomposlte
Conformance Testing
Test Test Standard Esnmated Test Number of
Description (ASTM)* Matertal Quanttty Frequenc5 Tests Requtred
Geonet- Sp Grawty D 792/1505 N/A N/A N/A
Geonet - Thickness D 751/5199/1693
Geonet- Carbon Bk Cent D 1603
Geotextfle Grab D 5034
Geotextfle AOS D4751
Geotextfle Umt Wgt D 3776
* Unless noted otherwise
- EMCON
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39
Table 5
HDPE Geomembrane Liner
Conformance Tests
Te~t Test Standard Test 13-Acre Cell
Description (ASTM)* Frequency Number of Tests
Fhlckness D l~93 I / 100 000 sf 6
Density D 1505 6
Carbon Black Content D 1603 6
Carbon Black D~spers~on D 301~ 6
Tensile ProperUes D 638 6
Tear D 1004C N/A
Puncture FTMI0IC N/A
Peel & Shear D 4437 I set / 300 hnear feet 80
(5 rephcatcs each) NSF 54 Mod
Table 6
Geotextfle For Leachate Collection Trenches
Conformance Testing
Test Test Standard Estimated Test Number of
Description (ASTM)* Matertal Quantity Frequency Tests Required
Geotextlle - Wide Strip Standard N/A N/A N/A
Textile or Grab
Mass/Umt Area D 3776
Puncture D 4833
Mullen Burst D 3786
Permltttvtty D 4491
AOS D 4731
* Unless noted otherwise
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803321
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40
Table 7
Drainage Aggregate
Conformance Tests
Tost Test Standard Estimated Test Number of
Description (ASTM)* Material Quantity Frequency Tests Required
Sieve Analysis D 422 or D 1140 <3,000 cy I / 3,000 cy 1
Carbonate Content D 3402 1
Hydrauhc ConductIvity D 2434 1
* Unless noted otherwise
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41
APPENDIX C
PROJECT ORGANIZATION
42
DAVID R FRIELS, PE
Prolect Manager/Semor Geotechmcal Engineer
Mr Fnels has more than 28 years experience in the areas of geotechmcal and materials
engineering including geosynthetic and soil liners for waste facilities such as landfills and
surface impoundments He has experience of base and cover hnmg systems, testing programs,
monltonng, and construction quality assurance He has managed construction quality assurance
(CQA) and prepared certification reports for over I0 million square feet of liner and cover
systems
Mr Friels' geotechmcal engineering experience includes planning and directing field exploration
and sampling, laboratory testing, analysis of data and preparation of engineering reports/:or a
wide variety of municipal, commercial, and industrial projects
Selected ProJect Experience
· Geotechmcal Professional of Record/CQA Manager for 10 acre cell at The City of
Midland Landfill Liner consisted of subgrade preparation, installation of a GCL and
60-mil HDPE, leachate collection and protective cover
· Geotechmcal Professional engineer of record for a 7 acre liner for the City of Farmers
Branch, Texas The fast track project consisted of 2 feet of clay liner, a 60-mil HDPE
geomembrane liner, leachate collection, and 2 feet of protective cover
· Geoteclmlcal Profession of Record/CQA Manager for three separate cell construction
projects totaling over 15 acres at Turkey Creek Landfill in Johnson County, Texas
Cells consisted of composite liners with 2 feet of clay, 60-md HDPE, drainage
composite, leachate collection and 2' of protective cover
· Geotechmcal Professional of Record/CQA Manager for composite liners at Plainvlew
Landfill (GCL/FML), Pampa Landfill (3' recompacted clay), Ellis County Landfill (2'
clay/FML), and Wichita Falls Landfill (FML over ln~sltu soil liner)
· Managed construction phase quality assurance testing and momtonng services for
closure of an 8 5 acre industrial landfill and extension of a floor liner for a Class 1
industrial landfill at Tyler Pipe tn Tyler, Texas Prepared a completion report including
test procedures and results, and documentation of compliance with project plans and
specifications
· Served as project geotechmcal engineer for quality assurance services during
construction of soil and geosynthet~c liners for evaporation ponds and hazardous waste
lagoons at Martin Creek Steam Electric Station near Kdgore, Texas
· Directed airfield pavement evaluation and new construction for Federal Express,
Memphis, Tennessee Project included evaluations of existing aprons and taxlways,
and construction of modifications, extensions, and new pavements
FW~C \WINDOWS\TEMP\DentonCQAProp DOC'N04 98\jw I EMCON 4 4
DAVID R FRIELS
* Managed quality control testing during construction of a new taxiway and apron for
Fort Worth Spmks Airport Reviewed and evaluated field and laboratory test data and
prepared reports
* Managed the quality control testing and monitoring during construction of the main
runway, the parallel taxlway, and Taxlway H (serving American Airlines) at Alliance
Airport in Fort Worth, Texas Directed the construction quality assurance (CQA)
monitoring and testing, reviewed and evaluated test data, provided reports, and
participated ~n progress meetings
· Managed quality control testing during construction for Green Oaks Boulevard from
Village Creek to Wdma Lane, Arlington, Texas Reviewed and evaluated field and
laboratory test results of sods, brae-treated subgrade, and concrete pavements
· Managed the constructmn quality control services during Phase II-A, II-B, and II-C
construction projects at Village Creek Wastewater Treatment Plant in Fort Worth,
Texas
· Served as senior engineer for CQA services during lnstallatmn of the soil cap and
geosynthetm cover system for closure of four landfills at Comanche Peak Steam
Electrm Station in Glen Rose, Texas
· Directed the geotechmcal study and prepared Geotechmcal Engineering Report for the
Ilhnms Central Gulf (ICG) Railroad's relocation ~n northeast Mississippi The project
consisted of a 1,178~foot bridge over the Tenn/Tom Waterway with a center span of
465 feet in length and 100 feet above the waterway
· Managed construction quality assurance services for soil liner placement at solid waste
landfill facilities in Longwew, Paris, and Demson, Texas Prepared sod and hner
evaluation reports (SLERs) for submittal to the TNRCC
· Directed the field and laboratory testing during construction of the 10-mile ICG
Railroad Track Relocation ~n Paden, Mississippi Responsibilities included supervision
of pile load testing, analysis, and development of p~le driving criteria for the Waterway
Bridge as well as embankment earthwork testing
· Prepared landfill gas management plan, designed the perimeter gas momtonng system,
and directed probe installation for landfills in Lamar and Tarrant Counties (Texas)
· Project Manager for cell construction and CQA for a 2 acre liner in Parker County,
Texas, consisting of GCL, 60-mil HDPE, and leachate collection system
· Project Manager for construction and CQA for a 5 acre Type IV clay liner in Harris
County, Texas
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DAVID R FRIELS
· Directed geotechmcal exploration and testing and prepared the geotechmcal
engineering report for an airport taxlway over a major street in Memphis, Tennessee
· Directed geotechmcal exploration and testing and prepared the geotechmcal
engineering reports for various school additions for the Arlington Independent School
District (Arlington, Texas)
· Directed geotechmcal exploration and testing and prepared the geotechmcal
engineering reports for a complex of 5 large commercial buildings in Tarrant County,
Texas
Educataon / Speciahzed Trmmng
B S, Civil Engineering, Oklahoma State Umverslty
M S, Clvd Engmeermg, Oklahoma State Umvers~ty
Professional Registrations / Affiliations
Registered Professional Engineer, Texas
Registered Professional Engineer, Tennessee, #9228
Registered Professional Engineer, Oklahoma, #13848
Registered Professional Engineer, Louisiana, #21585
Registered Professional Engineer, Arkansas, #4250
Amerman Somety of Civil Engineers
Pubhcat~ons / Presentations
"Chermcal Stabthzatlon of Coheslonless Oklahoma Soils," Oklahoma State Umversay, April
1971
"Inspectors Manual for Pile Foundations," Co-author as member of Inspection and Testing
Committee of the Deep Foundations Institute, May 1978
"Axial Compression and Uplift Resistance of Steel H-Piles," presented during the ONo River
Valley Soils Seminar IX, October 1978
"ICGRR/Tennessee - TomNgbee Waterway Bridge Geotechmcal Invest~gatlon and Pile Testing,"
presented to the Deep Foundations Insnmte 5th Annual Meeting, February 1980
"Settlement of Hlghnse Structures on Shallow Foundations," presented to The American Society
of Civil Engmeers Annual Meeting in New Orleans, Lomslana, October 1982
FW~C \WINDOWS\TEMP\DemonCQAProp DOC~N04 9S\Jw I EMCON
WALTER C HUNT
WALTER C HUNT, PE
Semor Project Manager
Mr Hunt's 13 years of professional experience includes a broad range of responsibilities and
projects from operational, envlromnental, and health and safety management, to solid waste
permitting, construction projects and project management He has been ,nvolved tn providing
engineering support to numerous facthtms including active landfills, gas collection systems,
landfill closures, new disposal sites, medical waste lncmerators, transfer stations and refuse
collection operations His project experience includes site studies, geotechmcal studies and
design, providing quality assurance and quahty control (QA~QC) services on a variety of
englneenng projects, landfill design and operations, project management, compliance
management, and environmental momtonng He has also been involved tn health and safety
issues related to landfills, transfer stations, and refuse collection operations, and has directly
managed the operations of two landfills
Before joining EMCON, Mr Hunt worked for Waste Management, Inc tn various envlrormaental
engineering roles for a several faclhtles tn North Texas While with Waste Management, Mr
Hunt held the position of Director of Envlromnental Health and Safety for North Texas, as well
as -D~stnct Manager for two landfills in North Texas
Selected ProJect Experience
· Manager of two landfills In Fort Worth, Texas Included the management of operations and
maintenance personnel, management of a variety of construction projects, overseeing
environmental operations of the facilities, as well as financial responsibilities to ensure that
revenues and expenses are within prescribed budgetary goals
· Manager of environmental, health and safety programs within the North Texas Region of
WMI Spemfic management functions included health and safety, compliance and
environmental engineering for approximately 25 facilities including hauling companies,
disposal facilities, transfer facilities and recycling operations
· Implementation of a variety of standard "region based" environmental programs to help
ensure comphance at facilities in North Texas, as well as the development and
implementation of a region based employee and facility safety incentive program These
programs helped reduce overall costs of environmental programs as well as costs associated
with accidents in the North Texas Region
· Served as project engineer in the successful expansion of a highly contested sohd waste
disposal facility Ttus expansion reqmred significant coordination with the permtttlng agency,
as well as the surrounding local commumty to expand the permitted acreage from 73 acres to
670 acres, and increased the capacity by over 50 million cubic yards
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WALTER C HUNT
· Other consulting projects have ranged from environmental site assessments and site studies, to
foundation recolranendatlons, slope stability analysis, QA/QC services for the construction
industry Experience in pro,,ldmg QC services has included the testing of most construction
materials as well as the day to day management of a materials testing laboratory and the
management of field and laboratory technicians
Educabon / Spec~ahzed Trmnmg
Bachelor of Science in Civil Engineering, Texas A&M University, College Station,
Texas, May, 1985
Masters of Engineering in Civil Engineering, University of Texas at Arlington, Arlington,
Texas, May 1991
Professional Registration / Affihat~ons
Professional Engineer, State of Texas
Member of the National Society of Pmfesslonal Engineers
Member of the Solid Waste Association of North America
Member of the American Society of Civil Engineers
Pubhcat~ons / Presentations
"Immediate Response to Landfill Gas Migration at Skyline Landfill, Ferns, Texas"
Presented at the 1992 Waste Management, Inc Fall Technology Conference
Instructor - Landfill Gas Management Training Seminar for Texas Natural Resource
Conservation Commission, Texas Engineering Extension Service, September 1993
"The Use of Landfill Gas Extraction Wells as Liquid Extraction Points", presented at the
8TM Annual Municipal Solid Waste Management, - Options for Texas, January 1995
"Initial Leachate Quantity Generation Data Obtained from a Subtitle D Landfill Cell" - A
Joint Study Between Waste Management of Texas and the Texas Natural Resource
Conservation Commission, presented at the 9TM Annual Municipal Solid Waste
Management, ~ Options for Texas, December 1995
"Leachate Quality Data Obtained from Two Subtitle D Landfills in Texas", presented at
the 1996 Fall Texas Section Meeting of the American Society of Civil Engineers,
September 1996, San Antonio, Texas
"Leachate Quantity Generation Data Obtained from a Subtitle D Landfill Cell" - A
Continuation of a Joint Study between Waste Management of Texas, Inc and the Texas
FW~C \WINDOWS\T[:MP\DentonCQAProp DOC\N04 98\jw I ['4 8
WALTER C HUNT
Natural Resource Conservation Commission, presented at the 10TM Annual Municipal
Solid Waste Management, - Options for Texas, December 1996
"Results of Imt~al Studies of the Quantity and Quality of Landfill Leachate at a Subtitle D
Facility m Texas" presented at CIVE 6111 Spring Seminar Series at The University of
Houston, March 1997
"Stormwater Runoff at a Subtitle D Landfill - A Case Study", presented at the 1997 Fall
Texas Section Meeting of the American Society of Civil Engineers, October 1997,
Arlington, Texas
"Leachate Remrculatlon at Subtitle D Facilities, The WMI Texas Perspective", presented
at the 1998 Louisiana Department of Environmental Quahty, Office of Waste Services
Conference, March 1998, Lafayette, Louisiana
FgAC \WINDOWS\TEMP\DentonCQAProp DOCSN04'98\iTM I E4 9
MARK D LANKFORD
Laboratory Services Manager
NICET Certified
Mr Lankford has over 13 years of experience performing geotechmcal laboratory testing
Selected Project Experience
Spectfic testing expenence includes
· Atterberg Limits Tests * pH Tests
· Percent Passing No 200 Mesh Sieve · Optimum Lime/Soil and Cement/Soil
Tests
· Mmsture Content and Unit Dry Weight · Gradations/Hydrometers
· Absorption Pressure Swell Tests · Freeze/Thaw Tests on Soil/Cement
· Consolidation Tests · Standard, Modified, and Tx-Dot l13-E
Proctor Tests
· Tnaxlal and Direct Shear Tests · Unified Soil Classification Determinations
· Permeability Tests · Compressive Strength of Concrete
Cylinders
· Soil Box Reslsnwty · California Bearing Ratio (CBR)
· Center and Third Point Flexural Testing · Unconfined Compressive Strength Tests,
Soll and Rock
· Specific Gravity Tests
FW~C \WINDOWS\TEMP\DentonCQAProp DOC'N04 98\j~ I EMCON § 0
MARK D LANKFORD
Performed geotechntcal laboratory tesbng for hner projects tn Texas
· Brazona County Landfill · Mall Creek Landfill
· Turkey Creek Landfill · Angehna County Landfill
· Baytown Landfill · Brownsvdle Landfill
· Fort Hood Landfill · C & T Landfill
· Kerrvdle Landfill · CSC Landfill
· Arhngton Landfill · Denton Landfill
· Sunset Farms Landfill · Abdene Regional Landfill
· Elhs County Landfill · Plmnvtew Landfill
· Itasca Landfill · Pampa Landfill
· P~necrest Landfill · Southwest Landfill
· Southeast Landfill , W~chtta Fails Landfill
· P~nehdl Landfill · Iowa Park Landfill
· Royal Oaks Landfill · B & B Landfill
· Tyler Ptpe Industrial Landfill · Lone Star AAP Landfill
· Greenwood Farms Landfill · Ktlleen Landfill
· Clebume Landfill · Pecan Pratne Landfill
Education I Specmhzed Trmmng
Associate ih Arts - Tarrant County Jumor College
NICET Certfficatmn
Geotechmcal Laboratory, Level IV
Geotecharcal Exploratmn, Level II
Geotechmcal Construcuon, Level II
Geotechmcal Generahst Level II
Troxler Certfficatmn
FW~C \WINDOWS\TEMP\DemonCQAPr°P DOC\N04 98\jw I EMCON 5 1
TOMMY V THOMPSON, CET
Sen~or Engineering Technician
CQA Monitor
Mr Thompson has more than 16 years of experience in construction quality assurance,
observation, and testing He has been the lead quality assurance monitor for the liner
construction of several waste disposal facilities Including sites requmng Subtitle D
composite liners Recently he served as the sen,or CQA monitor for closure of four
landfills at an Industrial site in north Texas A composite cover was used on each
landfill
His extensive experience in construction quality assurance also Includes soil and concrete
testing and observation on major civil projects such as airport runways, multlstory
buildings, and bridges Mr Thompson is certified by the National Institute for
Certification in Engineering Technologies (NICET) as a Level II Engineering Technician
Selected Project Experience
· Senior CQA monitor during construction of the 28 acre (1,220,000 sq fi) cell
at the Brazorla County Landfill, south of Houston, Texas Cell construction
consisted of 2 feet of clay liner, 60-md HDPE, drainage geocomposlte
(geonet/geotextlle), leachate collectmn (HDPE piping, aggregate, geotextlle)
and installation of protective cover
· Senior CQA monitor during construction of Subtitle D composite liners for 10
MSW landfills In Texas Duties included testing compaction of the clay liner,
monitoring installation of the HDPE liner, observing and recording results of
seam testing, and monitoring installation of the leachate collection system,
piping, and protective cover
· Resident CQA monitor for the closure of four landfills at a nuclear power
generation plant in north Texas Responsibilities included testing and
monitoring of clay cap and geosynthet,c liner construction, quality
documentation, and consulting with the project engineer
· Provided quality control and testing services during construction of 950,000
square feet of liner at a 643-acre municipal landfill in Arlington, Texas
· Served as quality assurance monitor during liner construction at solid waste
landfill sites in San Antonio, Austin, Kerrv,lle, Denton, and Electra, Texas
Tasks Included compaction testing, obtaining samples for hydraulic
conductivity testing, and monitoring soil type, lift thickness, and moisture
FW\C \WINDOWS\TEMP\DentonCQAProp DOC\N04 98\jw I EMCON 5 2
TOMMY V THOMPSON
Education / Spec~ahzed Trmmng
Certified by Troxler Electromc Laboratories for use of the nuclear denstty device
American Concrete Instttute (ACI) course on Concrete Testtng and Basra Concrete
Technology
40-hour OSHA Course
NICET Level II tn Construction Materials Testmg - Sods
NICET Level II tn Geosyntheuc Materials Installauon Inspection
FW\C \WFNDOWS\TEMP\DentonCQAProp DOC\N04 98\jw I EMCON 5 3
JASSON LONGORIA
CQA Monltor/F~eld Techn~cian
Jasson Longona provides construction monitoring, testing, and documentation for landfill
construction projects involving soil and geosynthetic liners His experience over the past
6 years has involved QA/QC monitoring during installation of millions of square feet of
liner across the country His respons~blhtles have also included material management,
development of auto-cad drawings, oversight of production and schedule, coordination
between construction management and construction site personnel, as well as quality
control testing in the laboratory
His experience in construction quahty assurance also includes landfill gas extraction
systems, observation of backfill placement, direction of and documentation of the
drilling During the previous six (6) years he has worked on the following projects
Selected Project Expermnce
· Senior CQA monitor during installation of the 60-mll HDPE liner at Waste
Management's Westslde Landfill in Aledo, Texas
· Senior CQA monitor during Installation of the 60-mil HDPE hner at Waste
Management's Skyline Landfill in Ferns, Texas
· Sem°r CQA monitor during construction of the compacted clay hner for the 20.
acre cap at the TRA Landfill in Dallas County, Texas
· Resident CQA Manager for the 30 acre closure at Fort Hood landfill in Coryell
County (Killeen, Texas), which included a GCL and 40-mil LLDPE composite
· Senior CQA monitor during construction of the 1,440,000-sq ft GCL/FML
composite cap at C & T Landfill in Hidalgo County, Texas
· Senior CQA technician during construction of the 300,000 sq fi composite
hner at the LaSalle Parish Landfill, near Alexandria, La
· Quality Control Manager/Supervisor dunng installation of 2,400,000 square
feet of 80 mlI and 60 mi1 geomembrane, geonet and geotextlle at the Grassy
Mountain, Cell No 7 Landfill in Clive, Utah
· Quality Control Manager for 216,000 sq fi of60-mil HDPE liner in Cell 108
at the Altair Landfill in Altair, Texas
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54
JA$$ON LONGORIA
·Provtded quality control moml~onng and testing during installation of 450,000
sq ft of 60-md HDPE liner for the Cell 13 Closure at the Lone Mountain
Landfill in Waynoka, Oklahoma
· Quality Control Manager during construction of the 3,465,000 sq fi 40-md
LLDPE liner at the Booker Fowler Fish Hatchery in Woodworth, Louisiana
· Quahty Control Manager for construction of the 6,500,000 sq ft 60-md HDPE
bottom liner at the USAC Gypsum Plant in Ft Meade, Florida
· Quality Control Manager for construction of the 650,000 sq ft 60 md/80 mil
liner in Cells lA and lB, and construction ora 188,000 sq ft evaporation pond
at Echo Mountain Landfill in Sawyer, North Dakota
· QAJQC for the 1-95 landfill closure which involved 2,500,000 sq ff of 40-md
LLDT geomembrane, Lorton, Virginia
· Quality Control Manager/Supervisor during construction of the 750,000 sq ft
60-md ECDC Cell No 10A in East Carbon, Utah
· QA/QC for the Pinewood Landfill Ifi-B Extension, revolving an 80-md HDPE
membrane and drainage geocomposlte on 650,000 sq ft, tn Pinewood, South
Carolina
Educataon / Speciahzed Trmmng
Mountain View College, Dallas, Texas .1996-current, studying Computer Science
Certified by Troxler Electromc Laboratories for use of the nuclear density device
OSHA 40-hour HAZWOPR tralmng
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WALTER C HUNT, PE
Semor Project Manager
Mr Hunt's 13 years of professional experience includes a broad range of responsibilities and
projects from operational, environmental, and health and safety management, to solid waste
permitting, construction proJects and project management He has been involved in providing
engmeenng support to numerous facilities including active landfills, gas collection systems,
landfill closures, new disposal sites, medical waste incinerators, transfer stations and refuse
collection operations His project experience includes site studies, geotechmcal studies and
design, providing quality assurance and quality control (QA~QC) services on a variety of
engineering projects, landfill design and operations, project management, compliance
management, and environmental monitoring He has also been involved m health and safety
issues related to landfills, transfer stations, and refuse collection operations, and has directly
managed the operations of two landfills
Beforejolmng EMCON, Mr Hunt worked for Waste Management, Inc m various envlroranental
engineering roles for a several faclhtms in North Texas While with Waste Management, Mr
Hunt held the position of Director of Environmental Health and Safety for North Texas, as well
as -District Manager for two landfills m North Texas
Selected ProJect Expermnce
· Manager of two landfills in Fort Worth, Texas Included the management of operations and
maintenance personnel, management of a variety of construction projects, overseeing
environmental operations of the facilities, as well as financial responsibilities to ensure that
revenues and expenses are within prescribed budgetary goals
· Manager of environmental, health and safety programs within the North Texas Region of
WMI Specific management functions included health and safety, compliance and
environmental engineering for approximately 25 facilities including hauling companies,
d~sposal facilities, transfer facilities and recycling operations
· Implementation of a variety of standard "region based" environmental programs to help
ensure compliance at facilities ~n North Texas, as well as the development and
implementation of a region based employee and facility safety incentive program These
programs helped reduce overall costs of environmental programs as well as costs associated
with accidents in the North Texas Region
· Served as project engineer in the successful expansion of a highly contested solid waste
disposal facility This expansion required significant coordination with the permitting agency,
as well as the surrounding local community to expand the permitted acreage from 73 acres to
670 acres, and increased the capacity by over 50 million cubic yards
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56
WALTER C HUNT
· Other consulting projects have ranged from environmental site assessments and site studies, to
foundatmr~ recommendations, slope stability analysis, QA/QC services for the construction
industry Experience in providing QC services has included the testing of most construction
materials as well as the day to day management of a materials testing laboratory and the
management of field and laboratory techmctans
Education I Spec,ahzed Trmmng
Bachelor of Smence in Clwl Engineering, Texas A&M University, College Station,
Texas, May, 1985
Masters of Engineering tn Civil Engineering, University of Texas at Arhngton, Arlington,
Texas, May 1991
Profesmonal Regmtraflon I Affihat~ons
Professional Engineer, State of Texas
Member of the National Society of Professional Engineers
Member of the Solid Waste Association of North America
Member of the American Society of C~vll Engineers
Pubhcatlons I Presentations
"Immediate Response to Landfill Gas Mlgrauon at Skyline Landfill, Ferns, Texas"
Presented at the 1992 Waste Management, Inc Fall Technology Conference
Instructor - Landfill Gas Management Training Seminar for Texas Natural Resource
Conservation Commiss~on, Texas Engineering Extension Service, September 1993
"The Use of Landfill Gas Extraction Wells as Ltqmd Extraction Points", presented at the
8TM Annual Mumclpal Solid Waste Management, - Options for Texas, January 1995
"Inmal Leachate Quantay Generation Data Obtmned from a Suhntle D Landfill Cell" - A
Jmnt Study Between Waste Management of Texas and the Texas Natural Resource
Conservation Comm~ssion, presented at the 9TM Annual Municipal Sohd Waste
Management, - Options for Texas, December 1995
"Leachate Quality Data Obttuned from Two Subtitle D Landfills in Texas", presented at
the 1996 Fall Texas Section Meeting of the American Society of Civil Engineers,
September 1996, San Antomo, Texas
57
WALTER C HUNT
eacnate Quantity Generation Data Obtained from a Sul~tltle D Landfill Cell" - A
Continuation of a Joint Study between Waste Management of Texas, Inc and the Texas
Natural Resource Conservation Commmslon, presented at the 10TM Annual MUmclpal
Solid Waste Management, - Options for Texas, December 1996
"Results of Imtlal Studies of the Quantity and Quality of Landfill Leachate at a Subtitle D
Fac~hty m Texas" presented at CIVE 6111 Spring Seminar Series at The University of
Houston, March 1997
"Stormwater Runoff at a Subtitle D Landfill - A Case Study", presented at the 1997 Fall
Texas Section Meeting of the American Society of Civil Engineers, October 1997,
Arlington, Texas
eacnate Rec~rculat~on at Subtitle D Fac~hties, The WMI Texas Perspective", presented
at the 1998 Louisiana Department of Environmental Quality, Office of Waste Services
Conference, March 1998, Lafayette, Lomsmna
58