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February 20, 2001 Agenda
AGENDA CITY OF DENTON CITY COUNCIL ~Osnda Item_ ~ ' ., Vebm~ 20, 2001 A~er dete~mmg ~at a quo~ ~s present ~d convemng ~n ~ Open Meeung, the C~ty Co~cfi ~11 conv4ne m a Closed Meeting of the City of Denton Cl~ Co.cfi on Tuesday, Febm~ 20 2001 at 5 15 p m m ~e C~ty of Denton Council Work Session Room, Denton C~ty Hill, at 215 East Mc~ey, Denton, Texas to con~der specific ~tems when these hems ~e hsted below ~der the [Closed Meeung section of thts agenda ~en ~tems for consideration ~e not hsted under ~e[Closed Meeting section of ~e agenda, the C~ty Co.cfi will not conduct a Closed Meeting al 5 15 p m ~d will convene at the t~me hsted below for xts regul~ or spec~fl called meeting ~he City Co~cfi rescues ~e right to adjoin ~nto a Closed Meeting on ~y item on its Open Me~Ung agenda consistent w~ Chapter 551 of~e Texas Gove~ent Code, as mended, as set fo~h below 1 ClOsed Meeting [**Before the Denton C~ty Co.cfi may dehberate, vote, or t~e final ~t~on on each of ~e agenda ~tems posted as a compeUt~ve matter ~n a Closed Meeting ~der the prows~ons of TEX GOV'T CODE Section 551 086(c), the C~ty Co.cfi must first m~e a good froth dete~mat~on, by majority vote of ~ts members, ~at ~e p~icul~ agenda ~tem ~s a compeUtwe matter ~at satisfies the reqmremems of Section 551 086(b)(3) The vote shall be t~en d~mg the Closed Meeting ~d sh~l be included ~n ~e cemfied agenda of ~e Closed Meeting If ~e C~ty Co~cfl finis to dete~ne by a majority vote that the pa~cul~ agenda ~tem satisfies the reqmrements of Section 551 086(b)(3), the Ctty Council may not dehberate or ~e ~y ~her acUon on ~at agenda ~tem ~n the Closed Meetmg ] AJ Dehberat~ons Reg~&ng~ Ce~mn Pubhc Power Utflmes Compet~Uve Matters --- Under TEX GOV'T CODE Section 551 086 ** Deliberations Concerning Real Prope~y --- Under TEX GOV'T CODE Section 551 072 (1) Receive confidential competitive electric utihty information from Staff and the City's outside consultants, discuss, deliberate, consider, provide Staff w~th direction, vote, and take action as necessary respecting the valuation of, and the possible sale, transfer, assignment, or other divestiture of real property pertaining to the City of Denton's electric utility system, including, w~thout hmitation the Gibbons Creek generation facility located m Grimes County, Texas, the Spencer generation facility located on Spencer Road ~n Denton County, Texas, the two hydroelectric facilities located m Denton County, Texas, and other components of the City's electric generation assets B UnderDehberatl°nsTEX GOv'TRegardlngCoDECertaInsectlonPUblIc551 Power086 **UtlhtIes Competmve Matters --- (1) Receive a presentation and information from Staff respecting issues relating to Dent6n Mumclpal Electric's (DME) deregulation market plan, and &scuss, deliberate, consider, and provide Staff w~th dlrecUon respecting such ~ssues C~ty of Denton C~ty Council Agenda February 20, 2001 Page 2 C Dehberat~ons Regarding Real Property --- Under TEXAS GOVERNMENT CODE Sectmn 551 072 and receipt of legal adwce from the C~ty Attorney under TEXAS GOVERNMENT CODE section 551 071 (1) Receive ~nformat~on from Staff, d~scuss and dehberate concerning the value of real property at 1036 Reed Street ~n the C~ty of Denton owned by the C~ty of Denton Receipt of legal advtce from the C~ty Attorney or an Assistant C~ty Attorney on legal matters pertmmng to the sale of said real property for low to moderate-Income housing D Personnel Matters - Under TEXAS GOVERNMENT CODE Secnon 551 074 (1) Contlnuat~on of evaluatmn ~ncludlng compensatmn of Mtmm~pal Judge (2) Continuation of evaluation including compensation of City Attorney (3) Continuation of evaluation ~nclud~ng compensatton of C~ty Manager ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN 1N 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 C~ty of Denton C~ty Cotmcd on Tuesday, February 20, 2001 at 6 00 p m ~n the Councd Chambers at C~ty Hall, 215 E McKlnney Street, Denton, Texas at whmh the following ~tems 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 lndlws~ble" PROCLAMATIONS/PRESENTATIONS 2 February Yard of the Month Awards CITIZEN REPORTS 3 Ed Soph regarding recent spraying of herbicide in mty parks City of D~nton City Council Agenda February 20, 2001 Page 3 4 Gary Taylor regarding the two-hour parking hmlt on the square 5 Ross Melton regarding lawyers and code enforcement 6 John Ryan regarding City of Denton transportation and SPAN 7 Carol Ryan regarding C~ty of Denton transportation and SPAN CONSENT AGENDA Each of these ~tems is recommended by the Staff and approval thereof will be strictly on the bas~s ,of the Staff recommendations Approval of the Consent Agenda authorizes the City Manager or h~s designee to ~mplement each ~tem in accordance with the Staff recommendations The City Councd has received background information and has had an opportunity to rinse questions regarding these items prior to consideration Llsted below are b~ds, purchase orders, contracts, and other items to be approved for payment under the Consent Agenda (Agenda Item 8-40) This hstlng is provided on the Consent Agenda to allow Council Members to d~scuss or w~thdraw an item prior to approval of the Consent Agenda If no items are pulled, Consent Agenda Item 8-40 below will be approved with one motion If ~tems are pulled for separate discussion, they will be considered as the first items under "Items for Individual Consideration" 8 Consider approval of a tax refund to James N John ~n the amount of $700 26 The 2000 property tax was paid twine 9 Consider approval of a tax refund to Pascal & Samantha Zaklama in the amount of $817 62 The 2000 property tax was prod twice 10 Gons~der approval of a tax refund to Robert Moses in the amount of $5,714 91 Mr Moses erroneously prod his Denton County taxes to the C~ty of Denton 11 Consider adoption of an ordinance accepting sealed competmve b~ds and awarding a contract for the services of a third party admlmstrat~on for Workers Compensation for the C~ty of Denton, prowd~ng for the expenditure of funds therefore and providing an effective date (RFSP 2624 - Workers Compensation Third Party Adm~mstratmn awarded to CCS Consulting, LP m the amount of $108,650 over a 3-year time period) 12 Consider adoption of an ordinance of the City of Denton authorizing the City Manager or hls designee to execute a purchase order with the Houston-Galveston Area Council of Oovemments (H-GAC) for the acquisition of three riding mowers by way of an Interlocal Agreement w~th the C~ty of Denton, authorizing the expenditure of funds therefore, and prowd~ng an effective date (File 2648 Interlocal Agreement - Purchase Order 12566 to H-GAC m the amount of $91,989 88) 13 Consider adoptxon of an ordinance accepting competitive b~ds by way of an Interlocal Agreement w~th the C~ty of Cedar H~ll and awarding a contract for the purchase of two Type I Ambulances, prowdmg for the expenditure of funds therefore, and prowdlng an City of Denton City Councd Agenda February 20, 2001 Page 4 effective date (Fde 2634 - Interlocal Agreement for Ambulances with C~ty of Cedar H~ll, contract awarded to Frazer, Inc dba Jack Roach Ford in the amount of $157,600) 14 Consider adoption of an ordinance accepting competitive bxds by way of an Interlocal Agreement with Denton County and awarding a contract for the purchase of Office Furniture, promdlng for the expenditure of funds therefore, and prowdmg an effective date (File 2653 - Interlocal Agreement for Furniture with Denton County, contract awarded to McKlnney Office Supply in the amount of $137,795 24) 15 Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement (PSA) w~th the firm of Hellmuth, Obata & Kassabaum, Inc (HOK) to provide professional servmes for the development of a City of Denton Facilities Master Plan as set forth in this contract, anthonzing the expenditure of funds therefore, and prowdlng an effective date (PSA 2575 - City of Denton Facthtles Master Plan awarded to Hellmuth, Obata & Kassabaum, Inc in the not to exceed amount of $361,533) 16 Consider adoption of an ordinance of the C~ty of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement w~th Deloitte and Touche LLP for Governmental Accounting Standards Board Statement No 34 (GASB 34 Implementation), authorizing the expenditure of funds therefore, and providing an effective date (PO 12575 - Deloitte & Touche LLP ~n the amount of $39,400) 17 Consider adoption of an ordinance of the C~ty of Denton, Texas to declare the intent to reimburse expenditures from the unreserved fund balance of the General Fund w~th Certfficates of Obligation so that projects more fully described in the attachment to th~s ordinance may be commenced, declaring an emergency and amending the 2000-2001 Capital Improvements budget to allow the funding for the Open Space and Downtown Master Plans and provldxng an effective date 18 Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement (PSA) w~th Fregonese Calthorpe Associates to provide professional services for the development of an Open Space Plan and a Downtown Revltahzatlon Plan as set forth in the contract, and providing an effective date (PSA 2651 - Professional Service Agreement for Open Space Plan and Downtown Remtahzat~on Plan awarded to Fregonese Calthorpe Assomates ~n the amount of $54,900 for the Open Space Plan and $112,000 for the Downtown Rewtahzatlon Plan, total awarded $166,900) 19 Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of carpet for C~ty Hall East, prowd~ng for the expenditure of funds therefore, and promd~ng an effective date (Bid 2631 - Carpet, Accessories and Installation awarded to Carpet One/Floors Commermal ~n the amount of $22,200) 20 Consider adoption of an ordinance accepting competmve bids and awarding a contract for the purchase of doors and door hardware, provlthng for the expenditure of funds therefore, and providing an effective date (Bid 2636 - Doors and Door Hardware for City Hall East awarded to Legacy Door Co in the amount of $29,072 28) City of D~nton City Council Agenda February 20, 2001 Page 5 21 Consider adoptton of an ordinance accepting competitive bids and awarding a 3 year contract for the purchase of 69 and 138 Kva Circuit Breakers, providing for the expenditure of funds therefore, and prowding an effective date (Bid 2638 - 69 Kva and 138 Kva Circuit Breakers awarded to S~emens Power Transmission Distribution, Inc, in an amount of $243,150 00) 22 Consider adoption of an ordinance providing for the expenditure of funds for the purchase of Pubhc Safety System Upgrade - Ancillary Software which is avmlable from only one source in accordance with the provisions of State Law exempting such purchases from reqmrements of competitive b~ds, and providing an effective date (PO 12576 to The Omega Group in the amount of $36,920 for Public Safety System Upgrade Software) 23 Consider adoption of an ordinance awarding a contract for the purchase of BlndV~ew Network Management security analysis and adm~mstraUon software as approved by the State of Texas General Services Comm~ssion through a Qualified Information Services Vendor (QISV) catalogue, promd~ng for the expenditure of funds therefore, and providing an effective date (Purchase Order 12573 to B~ndVlew in the amount of $32,957) 24 Consider adoption of an ordmance awarding a contract for the purchase of CISCO SYSTEMS Catalyst 3548 and Catalyst 5,000 Hardware and Software 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 prowdlng an effective date (Purchase Order 12577 to Innovative Technology Solutions in the amount of $40,535 15) 25 Consider adoption of an ordinance awarding a contract for the purchase of Public Safety System Upgrade Servers and Workstations as approved by the State of Texas General Services Commission through a Quahfied Information Services Vendor (QISV) catalogue, providing for the expenditure of funds therefore, and providing an effective date (Purchase Order 12578 to Dell in the amount of $279,879) 26 Consider adoption of an ordinance of the C~ty Council of the City of Denton, Texas authorizing the C~ty Manager or h~s designee to execute a software hcens~ng agreement and related agreements between the City of Denton, Texas and Sp~ndlemedla, Inc, a Quahfied Information Systems Vendor ("QISV") of the State of Texas for Tax Software and Related Servmes, authorizing the expenditure of funds, and providing for an effective date (Purchase Order 12583 to Spindlemedla, Inc ~n the amount of $117,708) 27 Consider adoption of an ordinance awarding a 60 month contract for the lease of a Xerox 2060 D~gltal Press as approved by the State of Texas General Services Commission through a Quahfied Information Services Vendor (QISV) catalogue, providing for the expenditure of funds therefore, and prowd~ng an effective date (Purchase Order 13131 to Xerox Corporation (Fde 2654) in the amount of $70,685 22 for the first of 10 semi- annual payments The total 60-month Lease Agreement cost is $706,852 20 plus $ 0731 per color copy and $ 0307 per black mad white copy for each copy over 60,000 per month) City of Denton City Council Agenda February 20, 2001 Page 6 28 Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of thirteen (13) Refuse Trucks and one (1) Heavy Duty Cab/Chassis, providing for the expenditure of funds therefore, and providing an effective date (Bid 2600 - Refuse Trucks and Heavy Duty Cab/Chassis awarded in the total amount $1,720,320) 29 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement with Montgomery Watson America, Inc for Engineering Services pertaining to the configuration and installation of software apphcatlons for the City of Denton Lake Ray Roberts Water Treatment Plant, authorizing the expenditure of funds therefore, and providing an effective date 30 Consider adoption of an ordinance of the City of Denton, Texas amending Article II of Chapter 16 of the Code of Ordinances relating to junk dealers and dealers in secondhand merchandise, changing the t~tle of Article II to Dealers in Secondhand Merchandise, requmng the purchaser of certain regulated property to maintain records identifying the authorized vendor and records Identifying the seller ~fthe seller is not the manufacturer or authorized vendor, providing for a penalty not to exceed $500 00, providing for a severabthty clause, providing for a savings clause, and prowding an effective date 31 Consider adoption of an ordinance approving a real estate contract between the City of Denton and Habitat for Humanity of Denton for the sale of certmn real property commonly known as 1036 Reed Street, Denton, Texas, for use for low to moderate income housing, and prowd~ng an effective date 32 Consider adoption of an ordinance approving an airport lease agreement between the City of Denton and MPM Enterprises for use of a pomon of the Denton Municipal Airport for commercial hangar/office and related services, and providing for an effective date 33 Consider adoption of an ordinance of the City of Denton, Texas approving a wholesale wastewater treatment services contract between the City of Denton, Texas and the City of Argyle, Texas wherein Denton agrees to provide wholesale wastewater treatment services to Argyle, authorizing the City Manager to execute said contract, authorizing the expenditure of funds therefore, and promd~ng an effective date 34 Consider adoption of an ordinance of the City of Denton, Texas approving the Interlocal Cooperation Agreement by and between the City of Denton, Texas and the C~ty of Argyle, Texas pertaining to the construction, installation, and cost participation of the Graveyard Branch Gravity Flow Wastewater Main, authorizing the expenditure of funds therefor, and providing an effective date 35 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a professional services agreement with R J Covington Consulting and approving Task Order No 01-A respecting the transmission cost of service filing dealing with Denton Munlmpal Electric, authorizing the expenditure of funds therefore, providing an effective date City of Denton City Councd Agenda February 20, 2001 Page 7 36 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a first amended agreement for professional legal servmes with the law offices of J~m Boyle, PLLC for services pertatmng to the single certfficatton stat relating to Denton Mummpal Electric, authorizing the expenditure of funds therefor, providing for retroactive approval of the agreement, and promdtng an effective date 37 Consider adoption of an ordmance of the City of Denton, Texas authorizing the City Manager to execute a first amendment to contract for professional legal servmes with Dmksteln, Shapiro, Monn & Oshtnsky for legal services pertalnmg to representation of the C~ty respecting the divestiture activities of Denton Mumctpal Electric, authorizing the expenditure of funds therefor, providing for retroactive effect of the agreement, and prowdlng an effective date 38 Consider adoption of an ordmance declaring a pubhc necessity exists and finding that pubhc welfare and convemence reqmres the taking and acqmrmg of an apprommate 0 532 acm tract or parcel of land for sanitary sewer easement purposes and an approximate 0 425 acre tract or parcel of land for temporary construction easement purposes, both being part of Lots 1 & 2, Block A of the Redgate Pecan Estates Addition, an addition to the City of Denton said property being located In W Hudson Survey, Abstract No 586, Denton County, Texas, authorizing the City Manager or his designee to make an offer to purchase the property for just compensation and if such offer ts refused, authorizing the C~ty Attorney to tnsntute the necessary proceedings tn condemnation tn order to acqmre the property necessary for the public purpose of samtary sewer facthtms and ~nstallatlon, declaring an effective date (Graveyard Branch Sanitary Sewer) 39 Consider adoption of an ordmance declaring a pubhc necessity exists and finding that pubhc welfare and convemence reqmres the taking and acquiring of an apprommate 0 369 acre tract or parcel of land for samtary sewer easement purposes and an approximate 0 312 acre tract or parcel of land for temporary construction easement purposes, both being part of Lot 3, Block A of the Redgate Pecan Estates Addition, an addition to the Cay of Denton smd property being located tn W Hudson Survey, Abstract No 586, Denton County, Texas, authorizing the City Manager or his designee to make an offer to purchase the property for just compensation and if such offer ts refused, authonmng the C~ty Attorney to institute the necessary proceedings tn condemnation in order to acquire the property necessary for the public purpose of sanitary sewer facthttes and installation, declaring an effective date (Graveyard Branch Samtary Sewer) 40 Consider adoption of an ordinance approving the purchase of a 0 527 acre sanitary sewer easement and a 0 407 acre temporary construction easement between the C~ty of Denton and Doyle Thompson, Jr, mdlvtdually and as trustee for Joyce Thompson, James Doyle Thompson, Brian Thompson and Pamela Kay Walker, easements located tn the W Hudson Survey, Abstract No 586, authorizing the expenditure of funds therefor, and providing an effective date (Graveyard Branch Sanitary Sewer) PUBLIC HEARINGS 41 A Consider approval of the second reading of an annexation ordinance of the City of Denton, Texas, whmh was amended on January 9, 2001, and was published on January 20, 2001 and which passed on first reading on November 28, 2000 and was pubhshed on December 8, 2000 to annex two tracts of land, comprising 672 acres, Tract One being City of Denton City Council Agenda February 20, 2001 Page 8 located on the on the southwestern side of the City of Denton's extraterritorial jurisdiction east ofU S Highway 377, south of Regency Court on each side of Country Club Road, west of Monteclto along Ryan Road and mostly north of Brush Creek Road, and Tract Two being located west of Monteclto, south of E1 Pasco and east of Santa Monlca, and providing an effective date (A-lO1) NOTE THIS ITEM IS NOT A PUBLIC HEARING B Hold a public hearing and consider adoption of an ordinance regarding the request to zone two tracts contmnmg approximately 672 acres of land proposed to be annexed Into the City Limits (A-101 Ryan Road/Country Club Road Annexation) to be Agricultural (A) zoning district The intent is to estabhsh a restrictive zoning district on newly annexed property The Planning and Zoning Commission recommends approval (5-0) (Z-O0-020, Ryan Road/Country Club Road) 42 A Consider approval of the second reading of an annexation ordinance of the City of Denton, Texas, which was amended on January 9, 2001, and was published on January 20, 2001 and which passed on first reading on November 28, 2000 and was published on December 8, 2000 to annex two tracts of land comprising 534 acres, Tract One being located east of Interstate Highway 35 West and west of the Kansas City Southern Railway, extending south along Bonnie Brae approximately 6,400 feet north of U S Highway 377, and Tract Two being located northeast of the intersection of Corbln and Bonnie Brae, and providing an effective date (A-lO2) NOTE THIS ITEM IS NOT A PUBLIC HEARING B Hold a pubhc hearing and consider adoption of an ordinance regarding the request to zone two tracts contmnlng approximately 534 acres of land proposed to be annexed into the City Limits (A-102 US 377/I-35W Annexation) to be Agricultural (A) zoning district The intent is to establish a restrictive zoning district on newly annexed property The Planning and Zoning Commission recommends approval (5-0) (Z-O0-021, US 377/1- 35I~) 43 Hold a public hearing and consider adoption of an ordinance approving a Detmled Plan, to rezone 0 22 acre commonly known as 1723 Scripture Street located at the southwest comer of Scripture Street and Jagoe Street from Office (O) zoning district to Planned Development (PD) zoning district A 6-unit multi-family complex is proposed The Planning and Zoning Commission recommends approval (3-2) with conditions (Z-00- 018, Scripture Apartments) 44 Hold the first of two scheduled public hearings to hear comments regarding the City of Denton Drat~ Development Code and zoning map ITEMS FOR INDIVIDUAL CONSIDERATION 45 Consider adoption of an ordinance of the City of Denton, Texas amending Chapter 27 relating to vehicles for hire by deleting Article III titled Taxicabs in its entirety, creating Article VI titled Taxicabs, Limousines, and Shuttles, providing a severablhty clause, a savings clause, providing for a penalty not to exceed $500 for violations of this ordinance, and providing for an effective date Ctty of Denton City Councd Agenda February 20, 2001 Page 9 46 Consider adoption of an ordtnance of the Ctty of Denton, Texas estabhshxng fares for taxicab servtce pursuant to Chapter 27, Arttcle VI of the Code of Ordtnances of the Ctty of Denton, Texas titled Taxmabs, Llmousmes, Shuttles, provtdtng that a schedule of fees shall be mmntatned on file m the office of the C~ty Secretary, provtdmg a savtngs clause, providing a severabthty clause, and prowdtng an effecttve date 47 Constder and take action on a request for rehef from the Resldenttal Interim Zomng Regulattons, Ordtnance 2000-046 for a 12 7-acre property located apprommately 0 5 males west of FM 2181 and 1,000 feet north of Hmkory Creek Road The property is tn a Single Family Dwelhng -7 (SF-7) zomng d~stnct A s~ngle-famdy subdlws~on ts proposed (RR-OI-O01, Oaks of Montec~to Phase 5, Sectton B) 48 Constder and take action on a request for rehef from the Non-Restdent~al Interim Zoning Regulations, Ordinance 2000-069 for a 1 6-acre property located at 2201 Colorado Boulevard The property ~s tn Ltght Industrial (LI) and Ltght Industrial w~th conditions (LI(c)) zomng districts A Socml Security Adm~mstratmn Office ts proposed (RN-OI- 001, Soctal Securtty Office) 49 Constder approval of an exaction variance from Section 34-124(f)(3)(a) of the Code of Ordtnances for a 12 244-acre property located at the southeast comer of FM 2181 (Teasley Lane) and Longndge The property ~s ~n a Single Family Dwelhng -10 (SF-10) zomng dtstnct Res~denttal development ts proposed The Planmng and Zomng Commtsston recommends dental (6-0) (V-O0-O19, Longrtdge Estates) 50 Consider adoptmn of an ordtnance amendtng the schedule of wastewater rates contatned in Or&nance No 2000-295 for Wastewater Servtce by amendtng the Compost and Wood Mulch Schedule (CWM), prowdtng for a repealer, provtdtng for a severabdtty clause, and provtdtng for an effecttve date 51 Constder approval of an Oversight Committee recommendation allocattng 2003-04 Capttal Improvement Program funds for FM 1830 Schematm and Environmental Assessment engmeenng serwces, to be used for FM 2181 Schemattc, Enwronmental Assessment, and Plans, Specfficat~ons and Esttmate eng~neenng servmes 52 Consider adoptton of an ordinance authorlztng the Mayor to execute an Interlocal Agreement with Denton County for road tmprovements, provtdmg for the expenditure of funds therefor, and prowdlng an effective date 53 Consider nommations/appomtments to the City's Boards and Commissions 54 Consider an appmntment by the C~ty Manager of a new member to the C~vd Servtce Commission 55 New Bus~ness Th~s ttem provtdes a sectton for Councd Members to suggest ttems for future agendas City of Denton City Council Agenda February 20, 2001 Page 10 56 Items from the City Manager A Notification of upcoming meetings and/or conferences B Clarification of ~tems on the agenda 57 Possible continuation of Closed Meeting under Sections 551 071-551 086 of the Texas Open Meetings Act 58 Officml Action on Closed Meeting Item(s) under Sections 551 071-551 086 of the Texas Open Meetings Act CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the C,~ty Hall of the Cltyo/f.~m~,Texas, onthe ]~ dayof ~ ,2001at T'~ o'clock (am (~..~ ~ CITY SECRETARY NOTE THE C1TY 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 INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE AGEND~ DATE' Februa~ ~0, 2001 DEP~TMENT: Tax ACM Kathy DuBose, Fiscal and Mumc~pal Servlces~ Consider approval of a t~ re~d to J~es N Jo~ in ~e ~ount of $700 26 The 2000 prope~y t~ w~ prod BACKGROUND Chapter 31 11 of the Texas Prope~y T~ Code requires the approval of the governing body of · e t~ng Cmt for re.rids ~n excess of $500 00 The 2000 t~ for Jmes N Jo~ was prod Two checks for $700 26 were received for pa~ent on Jmes N Jo~'s accost, resulting ~n ove~a~ont of $700 26 All docmentatlon necess~ for re~d ~s attached FISC~ I~FO~ATION The tax ove~a~ent revenue ~d would be reduced by $700 26 Apphcat~on for Re.nd Ove~a~ent R~oa Respectfully submitted D~rector of F~scal Operations I 2-01-2001 1SaPM FROM J NEAL JOHN 9~0 484 6312 P 2 Sent By HP LsserJet 3100~ 940 349 7211~ Feb 1-01 1 54PU, Page 3/3 ~ OF DEN~ T~ OF~ ~ OF ~N , ,, I PROPERTY RECORD INQUIRY LBX 09/26/ PNF10103 TAX ACCT 02449400000 OWNER JOHN, JAMES N PROPERTY ADDRESS 01911 LOCKSLEY LN LEGAL DESCRIPT NOTTINGHAM WOODS, BLOCK F, LOT 7, 7/193-4///CARTER AB 281 MAILING ADDRESS LOAN ID = 1911 LOCKSLEY LN LOAN CO 004 LERETA TAX CERT OCCUP TAX AMT 0 00 ISSUED 00/00/00 NEXT DUE DATE 00/00/00 BILLING FLAG DENTON TX THIS YEAR LAST YEAR 76201-1321 TOTAL TAXES 700 26 610 18 OLDEST YEAR DUE 00 APPRAISAL 137,588 125,080 DUE AS OF 12/29/00 EXEMPTIONS TAXES 700 26- THIS YEAR 31 = HS P & I 0 00 LAST YEAR 31 = HS COL FEE 0 00 PLANNING INFORMATION AJD INT 0 00 SQUARE FOOTAGE TAX+P&I 700 26- CONSTRUCTION DATE MAP NUMBER REMARKS WILL PAY SOME BY 6/5/00-TO PAY BALANCE BY AUGUST 2000 FOR A NEW INQUIRY, ENTER NEW TAX ACCOUNT NUMBER, AND "ENTER" TO VIEW THE RECEIVABLES FOR THIS ACCOUNT ENTER 'R', OTHERWISE, "ENTER" TO RETURN 1 TRANSACTION HISTORY RECORD BROWSE PNF10301 DATE / RECEIPT TAX ACCOUNT AGENCY FUND SOURCE YR PAID TRANS AMOUNT 020600270003 02449400000 CITY M&O COLL FE 99 110600 0 98 020600280001 02449400000 CITY M&O TAX 00 110600 700 26 041810040001 02449400000 CITY M&O TAX 00 122900 700 26 93020102140001 02449500000 CITY M&O TAX 93 110193 199 20 94020701280001 02449500000 CITY M&O TAX 94 110794 153 15 95020200530001 02449500000 CITY M&O TAX 95 110295 139 08 96022500620001 02449500000 CITY M&O TAX 96 112596 282 45 93031606550001 02449600000 CITY M&O TAX 93 121693 255 70 94021400880001 02449600000 CITY M&O TAX 94 111494 195 49 95020200010001 02449600000 CITY M&O TAX 95 110295 136 18 96012400020001 02449600000 CITY M&O TAX 96 102496 179 00 97011400530001 02449600000 CITY M&O TAX 97 101497 185 47 98012100120001 02449600000 CITY M&O TAX 98 102198 151 23 99020300030001 02449600000 CITY M&O TAX 99 110399 162 63 020600020001 02449600000 CITY M&O TAX 00 110600 188 38 94020701740001 02449700000 CITY M&O TAX 94 110794 7 23 96042904690001 02449700000 CITY M&O TAX 96 012997 91 51 97042902240001 02449700000 CITY M&O TAX 97 012998 89 44 TO INQUIRE ENTER "I", PLACE CURSOR BELOW RECEIPT AND "ENTER" TO CONTINUE BROWSE, "ENTER" TO RESTART BROWSE, OVERTYPE RECEIPT OR ACCOUNT ON FIRST LINE AND "ENTER" Agenda Item~ ' AGENDA INFORMATION SHEET AGENDA DATE: February 20, 2001 DEPARTMENT: Tax Fiscal and Municipal Services ACM Kathy DuBose, SUBJECT Consider approval of a tax refund to Pascal & Samantha Zaklama in the amount of $817 62 The 2000 property tax was paid twice BACKGROUND Chapter 3 ! 11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $500 00 The 2000 tax was paid by Fleet Mortgage and the property owners, Pascal & Samantha Zaklama, resulting an an overpayment in the amount of $817 62 All documentation necessary for refund is attached FISCAL ~NFORMATION The tax overpayment revenue fund would be reduced by $817 62 EXHIBITS Application for Refund Overpayment Report Respectfully submitted Director of Fiscal Operations Feb-05-01 06:18P P. Zak'lama 94,0 535 1332 P 02 /k~q.l~AllON FOR TAX REt. UNO ;ollec~ng amce nm~e ~m~ ~mr' ~ un~) M1 E H~KORYSUITqF S~op I ~ P~C~ & ~ ~s nm~ ~13 ~N~ BLVD ~ ~ND~ P~CH PH t~ 8LO~ Bt LOT 10 ~ ~ ~ Or ~on ~ ~ 3413 ~ND~ BLVD paint 3 In~n 4 2 qienda Item~ · ~Z~ 0/01. AGENDA INFORMATION SHEET AGENDA DATE: February 20, 2001 DEPARTMENT: Tax ACM. Kathy DuBose, Fiscal and Murat]pal Serwces ~ SUBJECT Consider approval ora tax refund to Robert Moses in the amount of $5,714 91 Mr Moses erroneously paid bls Denton County taxes to the City of Denton BACKGROUND Chapter 31 11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds m excess of $500 00 The lock-box processed two checks made payable to Denton County for $4,368 68 and $1,346 23, resulting in an overpayment of $5,714 91 All documentation necessary for refund ~s attached FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $5,714 91 Respectfully submitted Director of F~scal Operations Attachment 1 Appllcat~on for Refund Attachment 2 Transactaon History APPLICATION FOR TAX REFUND COltacUng office name ' CollecUng tax for (taxing units) ICITY OF DENTON,TAX OFFICE C TY OF DENTON IPre~ent mailing address (numberlnnd street) 601 E HICKORY .¢ UITE F Account number of pmper~ ~ Tax receipt number Name Y~r Date ~ount Amount Of Taxing UnR From ~1~ For Wh~ ~nd ~ ~e ~ ~ T~ Re.nd T~es Paid ~lve the tax Taxpayer's reason for refund ( attach supporting documentation) *1 hereby apply for the refund of the above-desoribed taxes and certify that the Information I have Step 4 ~iven on this form s true and correct to the bast of my knowledge and behef * ~ 81gneturs Data of application for tax refund Sign the form /~ ,/~t~..~..~__~. ~__/~/(~). / Any person who makes a false entry upon the foregoing record shall be subject to one of the followmg penalties 1 Imprisonment of not more that the 10 yearn nor less than 2 years and/or a fine of not more than $5,000 or both such fine and Imprisonment, 2 Confinement In jail for a term up to 1 year or a fine to exceed $2,000 or both such fine and imprisonment as set forth in Seotlon 37 10, Penal Code Disapproved 1 TRANSACTION HISTORY RECORD BROWSE PNF10301 DATE / RECEIPT TAX ACCOUNT AGENCY FUND SOURCE YR PAID TRANS AMOUNT 93031601650001 02208200000 CITY M&O TAX 93 121693 402 80 94032104840001 02208200000 CITY M&O TAX 94 122194 311 47 95031900650001 02208200000 CITY M&O TAX 95 121995 299 78 96031802130001 02208200000 CITY M&O TAX 96 121896 297 84 97022504410001 02208200000 CITY M&O TAX 97 112597 295 06 98040402170001 02208200000 CITY M&O TAX 98 123198 323 94 99030300140001 02208200000 CITY M&O TAX 99 120399 358 88 040301920001 02208200000 CITY M&O TAX 00 010301 459 37 040301920002 02208200000 CITY M&O OVERPAY 00 010301 1,346 23 93020100650001 02208300000 CITY M&O TAX 93 110193 236 75 94020800200001 02208300000 CITY M&O TAX 94 110894 180 81 95020300190001 02208300000 CITY M&O TAX 95 110395 168 29 96020500660001 02208300000 CITY M&O TAX 96 110596 163 80 97020400120001 02208300000 CITY M&O TAX 97 110497 159 43 98011301070001 02208300000 CITY M&O TAX 98 101398 183 32 99012501300001 02208300000 CITY M&O TAX 99 102599 216 90 012305870001 02208300000 CITY M&O TAX 00 101800 229 62 93050200670001 02208400000 CITY M&O TAX 93 013194 421 74 TO INQUIRE ENTER "I", PLACE CURSOR BELOW RECEIPT AND "ENTER" TO CONTINUE BROWSE, "ENTER" TO RESTART BROWSE, OVERTYPE RECEIPT OR ACCOUNT ON FIRST LINE AND "ENTER" 1 TRANSACTION HISTORY RECORD BROWSE PNF10301 DATE / RECEIPT TAX ACCOUNT AGENCY FUND SOURCE YR PAID TRANS AMOUNT 93030701690001 03277500000 CITY M&O TAX 93 120793 547 12 94041001320001 03277500000 CITY M&O TAX 94 011095 639 25 95031500420001 03277500000 CITY M&O TAX 95 121595 614 09 96011700530001 03277500000 CITY M&O TAX 96 101796 599 90 97062300300001 03277500000 CITY M&O TAX 97 032398 582 58 97062300300002 03277500000 CITY M&O P & I 97 032398 52 43 98042502690001 03277500000 CITY M&O TAX 98 012599 746 37 98042701620001 03277500000 CITY M&O TAX 98 012699 746 37 98042701620002 03277500000 CITY M&O TAX 98 012699 746 37- 98060100130001 03277500000 CITY M&O OVERPAY 98 012699 746 37 98060100130002 03277500000 CITY M&O FND XFR 98 012699 746 37 99022401550001 03277500000 CITY M&O REV INC 99 112499 1,180 02 99030201180001 03277500000 CITY M&O REV DEC 99 120299 746 37 99040300700001 03277500000 CITY M&O TAX 99 123199 433 65 040301930001 03277500000 CITY M&O TAX 00 010301 775 74 040301930002 03277500000 CITY M&O OVERPAY 00 010301 4,368 68 94031300560001 03277600000 CITY M&O TAX 93 121394 32 72 94031300560002 03277600000 CITY M&O P & I 93 121394 7 53 TO INQUIRE ENTER "I", PLACE CURSOR BELOW RECEIPT AND "ENTER" TO CONTINUE BROWSE, "ENTER" TO RESTART BROWSE, OVERTYPE RECEIPT OR ACCOUNT ON FIRST LINE AND "ENTER" Aoend~ lien] , "~' ~ _ ,-----~ AGE~A I~OR~TION SHEET AGE~& DATE: Peb~ 20, 2001 ~uest~ons ~once~lng th{s , acquls~tlon may be directed DEPAR~NT: Materials M~agement to Roben Wa~er 349-7836 ACM: Kathy DuBose, F~scal ~d Municipal Serwces ~ An Or&hartco accepung sealed compeUUve b~ds and aw~d~ng a contract for the services of a third p~y ad~ms~auon for Workers Compensation for the C~ty of Denton, prov~ng for the expen~t~e of fun~ therefore ~d prow~ng an effecUve date (B~d 2624 - Workers CompensaUon Third P~y Ad~msuauon aw~ded to CCS Consulting, L P m the ~ount of $108,650,over a 3 ye~ ume period) ~SP I~O~TION. Th~s Reqaest For Sealed B~ds ~s for the pu~ose of selecting an orgamzaUon quahfled to peffo~ Professional Cla{ms Ad~mstraUon ~d R~sk M~agement Serwces for the C~ty of Denton Self- funded Worker's Compensation Proy~ A workers' compensaUon a~mstrator ~s primely responsible for maintaining the C~ty's comphanze with the Texas Workers' Compensation Statute, assisting C~ty employees w~th their worker's{ compensation clmms, dete~nmg compensablhty under the Texas Workers' Compenshuon Statute, paying me~c~ bills according to the Texas fee schedule, representing the C~ty at ~l Texas Workers' Compensauon Commission beings, and prow~ng all reports reqmred by law and C~ty staff ~CO~NDATION: We reco~end this con~act for servaces be aw~ded to the lowest responsible b~dder, CCS Consulu~g, L P m the following ~nu~ amounts · Ye~ 1 $ 38,000 00 · Ye~ 2 $ 34,650 00 · Ye~ 3 $ 36,000 00 Tot~ $108,650 00 PRINCIPAL PLACE OF BUSI~SS: CCS Consulting, L P kwng, TX Agenda Information Sheet February 20, 2001 Page 2 ESTIMATED SCHEDULE OF PROJECT: Th~s contract is intended to be m effect for a three-year period or through February 29, 2004 and be renewable for two adchtmnal one-year terms FISCAL INFORMATION: Th~s contract will be funded from the R~sk Retentmn Fund Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Purchase Order to 13128 CCS Consulting, L P Attachment 2 Proposal Evaluation 1523 Agenda ATTACHHENT 2 ORDINANCE NO AN ORDINANCE ACCEPTING SEAI.FD COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE SERVICES OF A THIRD PARTY ADMINISTRATION FOR WORKERS COMPENSATION FOR THE CITY OF DENTON, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE AND PROVIDING AN EFFECTIVE DATE (BID 2624 - WORKERS COMPENSATION THIRD PARTY ADMINISTRATION AWARDED TO CCS CONSULTING, L P IN THE AMOUNT OF $108,650 OVER A 3 YEAR TIME PERIOD) WHEREAS, the City has solicited, received and evaluated competitive sealed bids for the pumhase of services of a Third Party Admlmstrat~on for Workers Compensation in accordance with the procedures of STATE law and C~ty ordinances, and WHEREAS, the City Manager or a designated employee has received and reviewed and recommended that the herein described bid are the lowest responsible b~ds for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore, and WHEREAS, the City Councd has provided in the C~ty Budget for the appropnatxon of funds to be used for the pumhase of the materials, equipment, supplies or services approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the items in the following numbered request for proposal for matenals, equipment, supplies or servmes, shown m the "Bid Proposals" on file m the office of the Purchasing Agent, are hereby accepted and approved as being the lowest responsible bid for such ~tems BID NUMBER CONTRACTOR AMOUNT 2624 CCS Consulting, L P $108,650 SECTION ri That by the acceptance and approval of the above numbered ~tems of the submnted bids, the Cny accepts the offer of the persons subrmtung the bids for such items and agrees to purchase the materials, equipment, supphes or services ~n accordance with the terms, specifications, standards quantities and for the specified sums contmned in the B~d Inwtauons, Bid Proposals, and related documents SECTION m That should the City and person subnuttlng approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the proposals, the C~ty Manager or his designated representative is hereby authorized to execute the written contract, prowded that the written contract is ~n accordance with the terms, condltxons, specifications, standards, quant~ties and specified sums contained m the Proposal and related documents herein approved and accepted SECTION IV That by acceptance and approval of the above numbered ~tems of the submatted proposals, the C~ty Council hereby authorizes the expenditure of funds therefor in the amount and m accordance with the approved proposals or pursuant to a written contract made pursuant thereto as authorized herein SECTION V That th~s ordinance shall become effecnve immediately upon its passage and approval ASSED AND APPROVED this the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HE~/~ ATTORNEY Regular Bid Ordtnance~.v, ot Pubhc Works) RFSP 26 AGENDA INFORMATION SHEET AGENDA DATE: February 20, 2001 Questions concerning this acquisition may be directed DEPARTMENT: Mate~als Management to Ed Hodney 349-8271 SUBJECT: An Ordinance of the C~ty of Denton authorizing the City Manager or his designee to execute a purchase order with the Houston-Galveston Area Council of Governments (H-GAC) for the acquisition of three ndmg mowers by way of an Interlocal Agreement with the City of Denton, authorizing the expenditure of funds therefore, and prowdang an effective date (File 2648 Interlocal Agreement - Purchase Order 12566 to H-GAC in the amount of $91,989 88) INTERLOCAL AGREEMENT INFORMATION: This purchase order to the Houston Galveston Council of Governments (H-GAC) ~s for the acqms~t~on of three large ndmg mowers designed for park maintenance and right-of-way maintenance These umts are Motor Pool Replacements for s~mflar eqmpment no longer economical to maintain Item 1 ~s a d~esel-powered mower w~th a 16' cutting w~dth The mowers hsted as Item 2 have a 6' cutting w~dth and a hydrauhc deck hft to clear curbs, headstones, spnnkler heads and other obstacles H-GAC has an annual contract for these mowers ~n place through May 2001 The volume d~scount afforded to H-GAC is a lower price than would be offered to the C~ty of Denton ffpurchased m smaller quantities PRIOR ~CTIONNIEW (COUNCIL~ BOARDS~ COMMISIONS) The C~ty Council approved an Interlocal Agreement w~th H-GAC on June 6, 1995, (Ordinance 95-107), authorizing the C~ty of Denton participation m contracts for supphes awarded by H- GAC RECOMMENDATION. We recommend Purchase Order 12566 to H-GAC be approved for the purchase of three large mowers m the amount of $91,989 88 PRINCIPAL PLACE OF BUSINESS' Houston-Galveston Council of Governments (H-GAC) Houston, TX Contract Suppher Professional Turf Products DFW A~rport, TX Agenda Informauon Sheet February 20, 2001 Page 2 ESTIMATED SCHEDULE OF PROJECT: Dehvery of the mowers ~s estimated to be 45 days after receipt of an order or approximately April 1, 2001 FISCAL INFORMATION: Funds for th~s acqmslt~on w~ll come from Motor Pool Replacement account (720-025~0584- 9104) Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Purchase Order 12566 to H-GAC Attachment 2 H-GAC contract pricing from Professional Turf Products 1511 Agenda 02/01/2001 09 29 FAX 972 4530199 KiP kdlngLon ATTACHMENT 2 PROFESSIONAL TURF PRODUCTS , ' 2761 Aver, ua ;II4G0 PO Rex 8~ 3189 DFW A,,~a,~ TX 762~t 110DN Kip Edlngton 1.888.776-8873 x5427 Cay of Denton I 321 E M_~.kmney St Februa~/1, 2001 Denton, TX 76201 Attn Tom Shaw Fax# (940)349-7302 [Pa~e I!of 2 I 30581 Oround~,nn~tex 580-D $ ~2,000 00 1 30594 RoM Packnge Fat $ 1,264 00 I 30591 OM 580-D LeR Cutting Umt $ I 30592 GM 580-D Center Cutting Umt $ I 30593 OM 580-D Right Cumnl~ Umt $ 1 30588 Leaf Mulohm Fat $ 1,357 00 10 93-5973 Foam Ftlled 10" Caster Ttr¢ $ 1,519 30 2 98-7329 Foam F,11ed 12" Caster T~re $ 292 08 I0 93-4240 Pne,-nntm 10" Caster Tr,~ $ (858 20) 2 98-7312 Pnenmnn~ 12" Caster T~re $ (206 50) 1 A-10966 Canopy for ROPS $ 366 00 1 A-10798 2 Post ROPS $ 476 00 1 000525D CD ROM Senrme Repair IVamual $ 20 00 I 90745L 580-D Service Manual $ 25 00 *** Price includes all apphcable HGAC fees Fetal: $ ~7,223 50 02/01/200~ 09 30 FAX 972 4530~99 Klp Edlngton Extended Wsrrsnty 1 30581 Grotwdm~qtm' $80-D GM~SO-D L Comprehensive ProMotion $ 2,340 00 lyf CPll5 1 Y~ 2yr CP215 2 Year $ 3,120 00 3yr CP315 3 Year $ 3,900 O0 *** Pn~mg ~s per madame. MulUply warranty cmt by n~mber of nmehlnes for mtn! 02/01/2001 09 30 FAX 972 4530199 Klp Bdington PROFESSIONAL TURF PRODUCTS 1160 N 2?Ih Avaflu8 d400 PO Box613189 DFW AJ~or~ TX ;'~26i Kip Edington t.888.776-8873 x5427 City of Denton ebrulu7 l, 2001 321 B Mclonney St Denton, TX 76201 Attn Tom Sh~ [Pete , F~# (940) 349-7302 2 30788 Omundmnng~ 325oD 2WD $ 12.303 00 $ 54.606 00 2 30716 (3u~chnn 72" Re~ycle~ Deck $ 4.35400 $ 8.70800 2 30772 Doluxu Su.~nmon Seat $ 514 00 $ 1.028 00 2 30709 S~at Adnp~ gat $ 8300 $ 16600 2 24-5780 R~rWe~atK_.t(2-351b we~ht) $ 23400 $ 46800 1 30722 72" S~do DmlmSo Dock $ (3,843 00) $ g7,686 00) 1 30708 C,dnon Stat $ (320 00) $ (640 00) · ., PriceindudesaJlnpp#~tbleHGACfe~ To~al, $ 13,558 19 Extended Warranty Otoundsmmt~ 325-D GM 325-D L Compt~hen~ve Protection lyf CPI08 1 Ye~c $ 1.125 00 2yr CP208 2 Yem $ 1.500 00 3yr CP308 3 Year $ 1,875 O0 *** Pflon~ m per mchJne. MuRiply warranty co~t by number of maebmm for total. ORDiNANCE NO AN ORDiNANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER WITH THE HOUSTON- GALVESTON AREA COUNCIL OF GOVERNMENTS (H-GAC) FOR THE ACQUISITION OF THREE RIDiNG MOWERS BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON, AUTHORIZiNG THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (FILE 2648 INTERLOCAL AGREEMENT - PURCHASE ORDER 12566 TO H-GAC IN THE AMOUNT OF $91,989 88) WHEREAS, pursuant to Ordinance 95-107, the Houston-Galveston Council Area of Government (H-GAC) has solicited, received, and tabulated competitive bids for the purchase of necessary materials, equipment, supplies, or services in accordance with 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 herein described materials, equipment, supplies, or services can be purchased by the City 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 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 SECTION I That the numbered items in the following numbered purchase order for materials, equipment, supplies, or services, shown in the "Purchase Orders" referenced herein and on file in office of the Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items PURCHASE ORDER VENDOR AMOUNT 12566 H-GAC $91,989 88 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, equipment, supplies, or services in accordance w~th the terms, conditions, specifications, standards, quantities and for the specified sums contmned in the bid documents and related documents filed with the H-GAC, and the purchase orders issued by the City SECTION III That should the City and persons submitting approved and accepted items set forth in the referenced purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the H-GAC, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto, provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the H-GAC, quantities and specified sums contained in 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 in the referenced purchase orders, the City Councd hereby authorizes the expenditure of funds therefor in the amount and m 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 immediately upon its passage and approval PASSED AND APPROVED this day of _, 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEOAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 12566 -HGAC INTERLOCAL COOPERATIVE PURCHASING ORDINANCE (2-01) ~ Agenda Item~__. AGENDA INFORMATION SHEET Date AGENDA DATE: February 20, 2002 Questmns concerning th~s I acqms~t~on may be thrected DEPARTMENT: Matermls Management to Ross Chadwick 349-8101 .~ Tom Shaw 349-7100 ACM' Kathy DuBose, F, scal and Mumc~pal Serv,ces~'~j~ ~q,}9~ SWJEC .. An Ordm0nce accepting competitive bids by way of an Interlocal Agreement w~th the City of Cedar I-hl! and awarding a contract for the purchase of two Type I Ambulances, providing for the expenditure of funds therefore, and prowdmg an effective date (File 2634 - Interlocal Agreement for Ambulances with City of Cedar I-hll, contract awarded to Frazer, Inc dba Jack Roach Ford m the amount of $157,600) INTERLOCAL AGREEMENT INFORMATION: An Interlocal Agreement for cooperative purchasing between the C~ty of Cedar Hill and the City of Denton was approved on January 16, 2001 This agreement would allow the C~ty of Denton to partm~pate m the C~ty of Cedar Hill's contract for Type I Ambulances Other crees utilizing th~s contract arrangement are Desoto, Duncanvflle, Lancaster and M~dlothmn The prices received are very competmve and the umts bid match our ex~stmg fleet Sectmn 791 025 of the Texas General Code provides that local governmental entrees may agree to purchase goods, supphes and serwces through Interlocal Agreement arrangements Dunng the January 16, 2001 Council meeting questmns were rinsed about two mqmnes filed w~th the State of Texas Department of Transportation concerning the status of Frazer, Inc as a dealer, manufacturer or converter Attachment 1 to th~s Agenda Informatmn Sheet lnd~cates a detern~natmn by the Texas Department of Transpor~atlon that Frazcr, Inc ~s a converter, not a manufacturer or dealer Attachment 2 is an acknowledgement of th~s determination on the part of Frazer, In¢ As a result, the "Frazer umts" are now sold through Jack Roach Ford, Houston, Texas, a l~censed motor vehicle dealer In addltmn, some concern was expressed about the quahty of,the Frazer umt Mr John G-nffin, President of Frazer, sent me his entire customer hst for us to Check any references we may desire The hst consisted of 131 customers, a contact person, and their phone numbers A random samphng of contacts resulted m the responses hstcd as Attachment 3, including a survey by the City of Guthne, Oklahoma done m 1999 and a copy of work orders for the two units we (Denton) have had m sermce for over a year I am confident that attachments 1, 2 and 3 address the concerns of Council, however, if addmonal reformation ~s requested, we will do our best to accommodate PRIOR &CTION/VIEW (COLrNCIL~ BOARDS~ COMMISIONS): · C~l~y of Cedar I-hll awarded a contract for Ambulances to Frazer, Inc on September 28, 2000 · Council approved an Interlocal Agreement w~th C~ty of Cedar I~ll on January 16, 2001 Agenda Informatlon Sheet February 20, 2001 Page 2 RECOMMENDATION: We recommend Purchase Order 12305R to Jack Roach Ford, a hcensed dealer for Frazer, Inc, be approved m the amount of $157,600 for two (2) Type I Ambulances PRINCIPAL PLACE OF BUSINESS: Frazer, Inc Jack Roach Ford Houston, TX Houston, TX ESTIMATED SCHEDULE OF PRO,[ECT: The umts can be dehvered w~th~n 120 days after receipt of an order or approximately the second week m June 2001 FISCAL ~NFORMATION: Funding for these two umts ~s avmlable from Motor Pool Replacement Fund account (720-025- 0582-9104) Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Letter from Texas Department of Transportation Attachment 2 Letter from Frazer, Inc Attachment 3 Responses to lnqmry about Frazer, Inc Umts Attachment 4 Tabulation Sheet from C~ty of Cedar Hill Attachment 5 Purchase Order 12305R to Jack Roach Ford 1522 Agenda Texas Department of TransportatiOn MOTOR VEHICLE DIVISION - Enfo~ement Section P 0 Box 2293 · Austin, Texas 78768 · (512) 416-4800 · FAX (b12) 416-4691 January 29, 20~11 Mr lehn Griffin Sr CC certified RRR Prazer, Inc No 7099 3220 0002 7880 11till 7219 Rampart Street Houston, Texas 77274 Deer Mr. Griffin Based on cur dlscusslo.n.s with you, our observations at your pruduct~on to=lilly, eno{ the definition of 'ambulance under samlon I O3 of the Mural Vehicle Code, we have concluded that Frazer Inc, does not manufamur, ambuIsncae Consequently, we eonmdar the mo~ulea that you produce conversions As e ~,unver~er you must noverthelou, mmnt.a[n · converter's license and the t. Uluplated vehicle with the modulo attached must be sold ~Y e franchise dealer As a culivertor, Frazer ~$ not allowed to .all new converted motor vAhirlas retail Retail ~ales suet be handled and completed by s franchise deslAr for the underlying chassis rm ~ufeetur~r The frenehloe deslerehip must mvoice the tried purchaser collect payn~ente for tho ant re unit Including the module, end hendl~ title work Moreover, if modules ;[re to be sold by bid, the franchise dealer must he II~tsd on t}.e bid es the retail seller He,ever boasuee, Frszer is · Converter, Freer ran undertake warranty work on the neW me, Juice that It produces Addltmnelly. per our discussion this week regarding converter advert~tng, Frezer cannot use thA wnrd 'ambulance' when advertising new conversion modules Prosily. a~ e holder of a general distinguish number, Frezer Inc must assign et leas~ five meter vehicles within a calendar year or face the possible revocation of the g~nersl dl~bnguishlng number Sales to purchasers outside of the United States ars consider isalea aa far aa the compliance requirement that the dealership remain actively engeg?d In business Sales of new motor vehicles are not permitted with your general dlstlng,-4~,.ng number So that we can further discuss the issues and answer any questions that yuu e.d M; ~)avls might have regarding this letter, at your convenience, pleasu ~.uliLact me to arrange a telephone conference meeting with myself, Molly $1ngletsW, you, and Mr Davis Respectfully, Robert D McBryde. Attorney Enforcement CC, Mr Cerey ~. Davis Certified RRfl No Papal Davis & Hill, P C No 709g 3220 0002 7880 1176 141 6 Louisiana ~treet 22"~ I:loor Houstnn, Tex~ 77002 A. EqUal Upportunlty E41pleyer SHONe At[ention Frazer Cu~t0mera. The Texaa Motor Ve~ucle Com~uasJon Code toqulrea that all paper work and bdhn& ~ ambulance conver~mn ~ handled through u ~caJet ~ve~ though ~sponmble f~ ~1 module w~n~. and the underlying ~h~a~ dealer will be t~pon~bJc for all truck w~ty work the C~ reqmteu ~e chasam dealer to p~wde the ravine& on the comple~d un]~ ~a ~s [he mvo~e tha~ m the past has come ~tom [mtead. out ~a~ets~p wdJ issue aa invoice to you, and we wall ]~ue an mvmce medic ~onve~o. to out de~e~h~p Thru ~w p~ccss m solely to put us m comphancc w~ the Texas Motor Vehicle Commmamn ~n~ ~t wl]~ not e~fect the quuhty of the PraTer pr~t or se.~ce P~e~ae hear with u~ In tht~ new ay~m John ~ffin, Sr Pm~dent Fr~er, lnc ATTACHMENT 3 ~ FIRE DEPARTMENT January 18, 2001 Mr Tom Shaw Purchasing C~ty of Denton 901 B Texas Street Denton, Texas, 76201 Re Fraz~er Ambulances Mr Shaw, Th~s letter ~s wntten to give you our expenence w~th Fra~er Ambulances Two years ago we purchased our first Fraz~er This was done after extensive ~nvestlgatlon of all companies associated with ambulances The reliability record of the ambulance and the on-board generator, which runs all of the electrical systems,associated w~th the patient care compartment, impressed us Last year we purchased a second one and next year we purchase another Our call volume ~s approximately 2000 calls a year spread over two or thrco ambulances As a flreflghter/paramed~c, I worked out of several d~fferent types of ambulances in my career, and I have never seen the rehablllty that I have seen in this brand of ambulance When we were looking for a reliable ambulance, we wanted a company that had good after sale service Even though we have had very minor adjustments on the ambulances that we have purchased, Frazler has always been there to correct the problem They d~d th~s by e~ther flying a person here to look at it or making arrangements locally ta see that the problem was carrected One of the advantages of this brand unit is the ease by which the unit can be rechass~ed They have developed a modular plug system where the box can be unplugged and put on a new chassis ~n a day Unlike any other brand units, all of the electncal wlnng ~n the box is separate from the chassis w~ring because of the generator system The old problems w~th alternator going bad, or losing power ta the box no longer come Into play Csty of Rowlett · 4002 Mare Street · PO Box 99 · Rowlett Texas 75030 0099 * 972 412 6230 * Fax 972 412 6243 As far as maintenance, after the initial "new car" issues were fixed, we have not had any maintenance issues arise other than normal maintenance like oll changes, etc, I highly recommend the Fra~ler as an ambulance of choice The company Is very accommodating, they have the technology, and are willing to go the extra mile to make sure that you are satisfied with their product if I can be of further assistance, do not hesitate to contact me Sincerely, Larry Wright Fire Chief January 18,,2001 Tom Shaw City of Denton 901B Texas Street Denton, Texas 76201 Mr Shaw, In response,to a request by Greg Taylor, please consider the following lnformatmn concermng Frazer Bflt ambulances, operated by the city of Pdchardson How does the fire department like the Frazer ambulance? Paramedics have noflnng but praise for the Frazer ambulance They like the way the compartments are arranged and their accessibility In years past, the c~ty has purchased at least two other makes of ambulance Frazer has received the fewest complaints by our personnel c~ What mmntenanee problems have been encountered9 The fire department has experienced ve~ little maintenance problems, vath two exceptions The exceptmns are the air cond~ttomng and the on-board generator In these xnstances, the bugs were worked out of the system and the problems corrected DIscuss service issues, The two service ~ssues mentioned above were covered under the warranty Frazer has been qmck to respond to our requests for service and attentive to the problem areas we have brought to their attention As a whole, we are pleased w~th the result of any servme problem we have experienced so far IfI can be of any further assistance to you, please call on me ~n,,cerely, _ _ Battalion Cluef Technical Services--EMS P 0 Box 830309 Richardson, TX 072 208 4100 Portales Fire Department and Emergency Medical Service 301 South Avenue C (505) 356-4406 Malhng 100 West First Po~ales, New Mexico 88130 January 17, 2001 Ctty of Denton Tom Shaw, Purchasing Agent 90lB Texas Street Denton, TX 76201 Dear Mr Shaw Hawug been asked for a reference concerning our recently purchased Frazer Ambulance we are proud to respond We have been qmte pleased with the add~tton to our fleet I have received much pos~tsve feed back fi.om the enttre department Anyone who has worked w~th firefighters much can tell you that is a tremendous accomplishment In add~tmn we expect our maintenance to be drasttcally reduced and s~mphfied While it is tree the generator ~s an additmnal mamtenanea eoneam it appears that because we are using system for thew designed purpose we have fewer concerns over breakdowns In addition we feel comfortable knovang that ifa breakdown does occur there is a redundant back up for almost all system involved m the umt Our service personnel were consulted heavily in mal~ng the decision to purchase a Frazer and they are excited about the ease of serwce and simple efficiency of the ambulance We believe that without a doubt this ambulance will solve many of the operational, maintenance and service concerns we have had w~th our other umts If there are any other questions or concems please do not hesitate to contact us S~ncerely, Jesse Mowrer, EMS Director ALAMO HEIGHTS FIRE/EMS 6116 BROADWAY SAN ANTONIO, TEXAS 78209 210-824-1281 January 24, 2001 Mr Tom Shaw Purchasing Agent City of Denton 909 B Texas Street Denton, Texas 76201 Re: FrazerBdt Ambulance Dear Mr. Shaw: This letter is m reference to your inquiry concerning the quahty and functionality of the FrazerBdt Ambulance. Alamo Heights Fire/EMS has had our Frazer unit for approximately 2 years now and have been extremely pleased not only with the servlceabdity of the unit but also with the service of the manufacturer The usablbty of the Frazer's Gert-Pack concept is great for the Texas environment works well Our major concern m South Texas is the fact that our Texas summers make it almost impossible for the A/C units to keep the patient compartment cool With~ the Gert-Pack system, the unit has an 110V A/C unit that keeps the patient compartment cooled extremely well. The A/C unit is easily removed through a large opening to the outside for maintenance or repair if needed. You will not have the alternator problems that we have had in the pass due to electric load requirement being much smaller than m the past, when all electrical requirements were coming offthe chassis batteries and alternator With the Gert-Pack system all of the modular electrical needs are met with the on board generator In the event of generator failure, critical electrical needs are met through a switch over system so that you can complete the EMS call you happen to be on Having you manufacturer a couple of hundred miles away compared to a thousand mdes~ away makes any repair much easier to complete Frazer has been r~ght there to help us out even when we were the cause of the mishap I can comfortably and honestly recommend the FrazerBilt ambulance for your city The people are honest and there when you need them Many of the components ~n the FrazerBdt ambulance are parts that you can pick up at any reputable parts house If you have any questions are concerns, please feel free to contact me here at the station. I currently work the A Shift for Alamo Heights Fire/EMS. Sincerely, W~lliam ~al Woodward, Li~-P Alamo Heights F~re~MS CR~NE VOLUNTEER FIRE DEPARTMENT ~ewlng lite city of {:;runs an~ ~11 ~ ~rsne ~ounty BOX G27 C~NE, T~XA5 79731 June 30, Laura Ollflln Frazer Ambulances P 0 Box 741389 Houston, TX 77274 Dear Laura, I just wanted to drop you · line and let you know again how vary plAaaed we er~ wllh our new unit Aa promised, I am enclosing a pmtura of the new ambulance We have never been so aaUefled with a now ambulonoe as we are yours The way we were treated when we visited your teoillty wee exemplary You end youl staff have goud reason to be very proud of the product you manufacture Once again, thanks for all Ihs hard wutk a,d ih11= ~,ou spent with us, and we Ioo~ forward to our next purchase Sincerely, Oa~ W Collier Fire CIIM{' Ausuat 28, 1996 Frazlor ~ohn T CJrtfl~n, P 0 Box ?~1~69 Houston, TX 77274 D~r luhn, Th~a ts to th~ you tot your help m our recent ambulance purchaae You have shown that se~:~ is,truly t~ k~ with your company We ~uld nm bc h~pp;er w:th our umt, it has m~sed our,~p~tmns and h~s mn as pr:ma~ umt for thee months w~thout any probl~s ~1 Your d~iGn a~ I~ynut make the umt by f~ t~ beat m the buameaa Thanks ~r all tho uslStaltCO y~ hero 81v~ OUr dopa~mont, from brmsin8 tho flemonntrntorldo~ on your ~fv*b bufltday, to thc 8alu, day fa~tuly vlalts to msp~t the unit durln$ const~0tton You end your ~ompany truly care about the customers n~s and the quality of the produ0ts that you ~dd it would bo n loohsh m, stake on anyone's pa~ to buy any othe~ ambul~c~ Truly ynur% ProJect Coordinator Th~,sglving ~n August Ratml nle~hants have "Chrlatolas tit July" EMS providers who are tro~,--,t esto~ah to be rutminfFrazer ambulances should have ThoAkleiving In A~gus~, bttt J*or tolmliy dttCfer**-* "Cbrtatmns m July*' i0 -. ploy like many otiwu ,.sod by mew~bants to boost sasams pmles ThtmJ~vllt~ tn A~asust ouSht to serve to rembid F£mr t~,gs o~how things used to be We should reflest upon thosc, dos d~s of smm~*r m oldon renu when our air condittone~s co,Id flevur really ~uul ad~qustdy, and when enema overeat[lng and alternator failure were conmmn occugences, we shouM refleot upon the thousands of mamteflance dollars wc b'wew awas on altemMf~s, eleetno fans tn imnt of out radiators m force engum coobns, nad yes, even scoops to veut die enfine compartment While we are reflestma and gwu~ thnks fm our cool, dependable, iow mamtemuF, e. generator powered Frazer smbulan~os, we should dso remember and pray for our tess fofltmnte comrades whose crews and pattents still suffer fTom inadequate mrcondmomn8, enpne overhudnL and down ume for alternator replacementq We should remember our Fora mechanics who now think they are lVfayteg repairmen Of course, the mechanics ofthosu doA~t have Framers Are probably eflJoytp8 "Chr,Amm~ m July" Jan-25-O! 04=08P P 02 Memo To. Joe Hams, Denton Fire Department From. .lack Beckham, D~rector of Emergency Services Date January 25, 2001 S#bjeet Fraz~er Ambulance In your search for mformat~on about Frazler Ambu]anco, allow me to share w~th you Deer Park's Ambulance history Our F~re Department took on the ambulance service responsibility m 1978 Our first ambulances were Type l's We had trouble for e~ght years because these had thc power generated by the truck power system This system had been altered from the original manufacturer Due to all the problems we encountered with these original ambulances, our spec~fications changed We would not accept a brand which used or changed the truck elactncal power to operate the ambulance box This change m specifications brought us to the Frazler Ambulance We have purchased four ambulances to date from Frazier, two each m 1988 The boxes were in such good condition, we re-chass:sad in 1993 in 1999 we replaced two and kept one of the old ones as a backup Due to the outstanding design e. nd construction of the Frazter bodies, we do not plan to change our specifications or use another brand Jarl-30-01 05 D~pm From- ~J725748487 T-515 P 01/01 F-I~l~l DFXX January 30, 2001 Mr. Joe Harris City of Denton Fax # 940-349-7122 The Dallas / Ft, Worth Internatmnal Airport Department of Public Safety - Emergency Medical Services Dlvtston has utdlzed Ambulances built by Frazer Inc. since 1987. We enjoy complete satisfaction with both the umts and the customer support provided by the company. Jim Hartman Shift Commander Emergency Medical Services 81z19~?~81 14 16 916523G949 m~£ To' Joe Harris Denton Fire Dept From Bud Jones, Chief City of Andrews Department of Public Safety Ref Frazer Industries Date January 19, 2001 I will begin by stating that I have been the Chief of Police/EMS for the City of Andrews for the past 12 years Thc C~ty of Andrews has employed me for 14 years. As a pubh¢ salety administrator, I oversee the purchasing and malnlenance of other police vehicles as well as emergency medical response vehicles. In 1998, 1 began the task of pnrchasmg a new modular EMS unit for our department The unit that we selected was a Type I generator powered ambulance built by Frazer Industries. In February of 1999 we placed a 1999 Ford F-350 Frazer built unit in service To date this unit has responded to over 500 calls and has not failed to provide the service expected from my staff The quahty of the unit as well as the performance of the umt has exceeded all our expectations The Frazer staff promptly resolved the two minor problems with thc unit that we have incurred I wdi clarify the two minor problems by statmg that neither in any way placed the nmt out of service. ! am pleased to announce that we have purchased a new 2001 Ford/~-350 lype 1 bmr by l~razer Industries The decmon to purchase another Frazer unit was based on the fact that true generator powered modulars serve our needs far better than a conventional modular umt, There Is no doubt in my mmd that Frazer builds the best generator powered vehicles in the ambulance industry I am also pleased with the price of the 2001 unit. We purchased the new unit for the same price as thc i999 unit Delivery time as also a factor This unit was ordered.in December of 2000 and wall be delivered this date 1-19-2001 ~n regards (o how wall the Frazer units have Der~armed during the two years It has been m service; my el~tire staff ts sml]ressad w~th the Fr~zer ~d how well ~t has ~e~rme~ Th~ market for ~ ~w ~mbulancc ~espectfully Submitted, gud John, ~tef C~ of Agdrews Department ofPuolic Safe~ Jan-22-O1 09:38 P O1 CItY. OF ~&lm~LLEN Allen F~re Depadment 105 S Anna Dr Allen, Texas 75013 January 22, 2001 Capt Jo~ Hams, Denton Fire Dept Capt Hams, We currently own four Fmzer ambulances, the last purchased offthe Cedar H~ll lnterlocai Agreement Frazer has had the best sermce we have encountered m the 20+ years we have been prowdmg ambulance sermce IfI have a problem, they appear to stop everything and try to find a solution as quickly as possible What else could you ask for9 Sincerely, Michael A Hagood, LP Asst l~lre Chief Allen Fire Department · Page 1 400 Nor~. 409 $4S 2390 Janum~' 19, 2001 Tom Shaw Dear Mr Straw ! underst~c~ that you are con$~dennff purchase ora F~er ~bul~e CenUal EMS ~s had two }m~ ~sts, ~ hs~e fo~ ~m m be ve~ ~ha~le vehicles In f~t, one of ·em was revolved m a one-vehicle MVC last April m which the chares ~q to~nled The front of ~ c~s ~d ~e right fxom of ~ m~ule t~k ~e bmr of ~ ~m~t Th~ mod~e s~yed ~ely au~b~ m ~e ~e and ,uffcmd no s~t~ ~age There w~ ~mc ~sm~tc ~age to t~ out~ skin and t~ n~t fio~t ~b~ s~s~ had to ~ re~red John Grtffin and Ms personnel were easy to work wtlh, as they ~ys are, so ~al we were able to ~ve the ~x tcmo~tcd m a t~mcly m~ncr Central EMS ~s h~ F~[ umts for about ten ye~ ~d ~vc ~ys fo~d thmr ~rsonnel ~ be ~o~lcdgeable ~ eff~ We have ~ few ~obl~s b~ w~n we celt ~y will ~en sugg~t ~mgs ~at wc c~ do m house m cftc. a ~pmr If we do have to ~c the umt m, ~ey ~I1 m~e evc~ cffo~ to get o~ ~t back on ~ r~d as qmckly a~ ~ss~ble I bo~ that ~s mfo~t~on will ~ belpf~ to you Do not ~s~m~ to ~ll ~t you have Admlmstmtor 81/19/2881 i1 41 9722913473 CEDAR HILL FIRE DEPT PAGE January 19 2001 Joe Harris Denton F~re Department Denton, Texas Dear Mr Harris. I'he purpose of this letter is to state the Fire Deparunent's oplmon of the quahty of the Frazer Ambulance of Houston, Texas We now have three (3) umts manufactured by Frazer Our satislaction wtth these medical u'alts are of the ]ughest regard We have found them to be the most rehable and well-made umts that we have purchased m the last ten (1 O) years Frazer's attentaon to service after the sale ~s outstanding It :s w~thout res~rvat)on that thls F:re Department offers the h)#hest of recommendatmn lot the Frazer Ambulance of I-Iouston, Texas Should addmonal reformation be required, please contact this office S~ncerely _ /' }ack~ R Ml~yfl~ld Ftra JA~-22-01 12 18 PM BROOKSHIRE PATTISO~ EMS 281 9~4 4866 BROOKSHIRE-PATTISON EMS Prov~du~ Emer~eflcy M~dlcal Services sint~ 197~ ~o ~g0s January 22, 2001 Joe Hams C:l~ of I~nion Fire Department FAX 940-349./122 RE Frazer ambulance ~ HarriS, Wa have one Frezer ambuhmce that we have had in usc as our primary ambulance since 1993 Wa have hecn very pleased with this unit end, considerlnsthe age, have had to make surpmmgly few rcpoin Just as impatient as the quaht~ of the Frm, er4)mlt arahalance ss the quality of the paopic m tho company Everyone that we have dealt with has conductM themselves in a vary professional meflncr Thq' have been ctlucal, friendly, c~mfleouf, and have addmssM our needs and concerns promptly Thcxr customers arc v~ry ,mportant to them and ere treated with rcspcct t~ eye,one m thc company In summary, we have been very pleased with both the Mnduct and with the coml~ny Our nex~ ambulance purchase will be another Fr~er $incercly, Maxme Pate, F, MT-P ~ffl~r Manager and Member of'thc Beard of Dtrcctors 01/31/01 15 01 ~214 205 2703 COG P1P~ AD, IN ~001/001 GARLAND FIRE DEPARTMENT MEMORANDUM To: Joe Hams From: Assistant Chief Jack James Subject: Frazer Ambulances We purchased 2 Frezer ambulances appro~amately 9 months ago. We have been very pleased w~th the performance of bath vehicles. We made the decmmn to go to the generator equipped ambubmce for several reasons. First and foremost, we are now able to control the temperature m the box to make sure the med~ons we use are kept within file manufacturer's gmdelmes. Abo, we had expertenced many meehanieai problems with alternators. Having the generator-eqmpped mubulance has allevtated thru problem The people at Frazer, especmlly Laura GrflTin, have been a joy to work w~h. They are very helpful and knowledgeable. They budd an ambulance that is very "fire fighter/paramedic friendly~. lncMentoJly, our C.LP. budget L~ tO be approved next week and we wfl! be purchasing 2 more Frazer ambulances m the next 3 months If you have any questions, pi_ease gwe me a call SincereJy, Assmant F~re Cluef Garland F~re Dept. 9~2 20S-2293 BOX ~01~, I~UTHRIE OKLAHOMA 73rJ44-U~;IUI~ KINGWOOD ARKA EMERGENCY ~YLEDICAL Sr..~VICES ASSOCIATION (:281) 36O.-40O0 Alml 't, 1999 Mr Doyle Webb Deputy Flro Cluef Cst~ ofOuthne Ftre Department P O Bo~ 908 Outhrse, Oklahoma 73044 Dear Chief Webb, Thnok you for your mqutry concarmng Fmzar Ambulance Umts It Is un extreme pleasure to h~we an ni~m~nm~ to sham ruth other DeparunenU the experlence that the Kmgwood ,6,ru EAAS orpauza~on has had Mth theee ambulance umts over the post sovem] L~ me first sUn't offby mymg that ]Cin~nwood WR~ 8~ tl~lliGOlpoflltcd ~I~a Of ]['llun~ Commj. Tx~s Iht was annexed by tho CI~ of t-tousmn tn ~ ~mher of 1996 5race Junt~, of 1997. we have no Ionaar 13~ovided EMS to our commumty The COy o£Houston Fire Department now prowdes that setvlca I do. however, hitve a lot to say concermng ~he Umts I took the liberty to answer your queshonrmlre by editing it to allow ermugh qpo~e to Ktngwco~ 15M~ was formed In 1976 and, Idce everyone else. pumluis~ and put up wnth the ambulance se~fle, e and rolsal~ilty problems that plagued the industry tn 1985, learned ofthe concept of the Frazer Unit and contacted them to see what it was all aborn. ~ We were so tmp~essed wtlh the concept that we munedm~ely orderod our first umt and placed'it m service ~ enrly lc}86 There was no doubt that th~s wn.q the answer to every problem that ·ver bad wflh an ambulunee We ordered ndchuorml umt~ m 1988 and 1989 The log6 module was~-moun~dm 199! onancwchessis Thenoxtsurlmsedmtwegotwnsthohl~hre~le amount we rm~eive, d un thu old ~.hassns Thc 1988 modulo was rcmounmcl m 1993 on a n~w CAaSSLS and qiul we l~.mved a high retm~ on the old chn__~_qt9 The 1989 module was runsountcd m 1~95 on a n~w Ghassls noc]. you guessed tt. a high dollar return on the old chassis We prdeted ot~ fourth now umt m 1996 just I~rlor to annexatmn Early m 1997 after annexation, we ~ld the o. swml umt ('86 moclule/'91 amis} for an amount that far exceeded the exj~-mt~om of everyone~ mc. hiding Fru~er Thnt d~dn't s~,,pai~e us though We knew the value and rehf~, tifly of tho umt In O~tober of 19t~8 whan it he~ane final that the eo,~-,umty would n~t beat th~ anoe0umon LUU~ end tlmt our s~rvscc would not mum to the c~mmumty, wu sold the three remalamg unlus by smdmt b~d Knowm8 tho iustory a~d mlLabflfly of thc units, wc wer~ surprtqed to recmve such a hl~ dollar r~m Having said all ofthat, it's dmc to San to whln you An,l qmd eurher, the Frezer Umt was the answer to every Moblcm that we evor had With the conventional type of ambulaar, e Overmght. the chargnn$ qyqtem, mr conditioning, and[ ooolmg system problems wero a thru8 ofdae past lqo longer um.s it a problem to Set the tr~k thntlcr to s~rvlc~ tim cbnaazs du~ to tit0 fa~t that It was not ultra'cd and mo<hfi~! tn an attmmgt to ~meit pel~Olm beyond ils ~iflcaxions Outmd~ o£pr~vent~ve mamt~nmnc~. ~ldom did ,any of a macnam~at tauure or oreaxaown Umt l~vented us f~om compl.~tm$ a response I cannot say enough gn~od about th~ eXlg~tell~s that w~ have had with the FI~ Co~pan¥ They are i~ first class m'Hnm~aaon ~anth a staffof personnel who nm dedmnted to the needs nfthe eu.qlnme~ Anytamo that a repair was reqmred (and that wot very seldom), our turn around time was ~ways tho sam~ dray Thcy hav~ a 'GAN 1~O" nttltutlc that you juat don*t find nny~r~ olse ! ve~ highly r~,ommend the Frazer Unit IT m *,he only lilly built ~eneratur powered ambulance Othmr manof~icturcrs make a poor imitation that still reqmrcs thc conventional bruit concept aa thc primary function Mth a generator backup ~ trot doesn*t solve your problan~s I truly behe~e m the Frnz~r Unit and qtake my reputation and 26 ymu~ of cxpcflcace m this; tndtmtry On Jt You wou*t rmSret purehasms their unit You Mil rester purchasm8 the Fine ~*~ w~ b~'a I Imow thoso tlm.t hayer I shall be happy to provide you with any other tnformauon that you may require P~ease feel fr~e to call ,~meerely. enclosures Ambu~nee Questmnumre Please llldl~?ot~' }'oB[ l~vel of sa~on to a~h of~c follomng qucs~o~ by circhn8 · e mo~ s~aM nm~ F~ve, ~uld ~ ~ moa n~sfied ~ one ~e le~t ~4 3 2 1 How is thc lu~ tclnl dmbih~ ~d s~lc~llz~ of ~o I ~t~ m yo~ ~tCC~ Co~ F~c~llent. ~e de, mn ~ten~ t~ hie o~ the ~sts ~d m~le. Resala oYthe ch~st~ wk¢n the mo~i~mo~ted ~ ~w~ broua~t a htgh p~l~a. ~ndtn~ on ~ ~ cares ~or oau(om~nt~, thasa untt~ c~n last ~v n~ber 2 ~4 3 2 I HOW ~ ~e F~t ~ts for ~ng out of, ~fli m ~ ~x C~a~ ~~Ig, ~ ta~o ~o account th6 ma~ tdeas that user~ ~ ~rad with Frazeg ~tr t~ ~ars. Th~ ~e 3 ~4 } 2 I How ~ll ~ you ~fi~d w~th th~ ~m~cm a~p ~n yo~ ~r Um~ Co~en~ Com~ent,* can b~ e~iIv cmmmtzed to ~t th~ n~e~ o/, 4 ~4 3 2 I Ilow~ll~yousau~zd~th~e~n~tor~dMod~ Co~ents Wtthout a doubt - the ~rea;.~l t~ng to ~er be ~ut on ~lance Bg! only t~ tt's done rtghtt ~r~er ~ttv ~e t~ t~ne.~ ~n the m~t to he dest~ed a~ b~ttt the w~ Ih~ shoul~ 5 ~ 3 2 I H~ ~ ~ ~u ~afi~ ~th ibc Hoator/AC ~t ~ oom~ m ~vontio~ ~ms? ~ Solved the ~ movt malor p~oblem wtth co~entto~ ~t~ ~~ w~ the I't mator ~roble~ ~e AC-Heati~ ~tem tv p~ellent. In T~as ~at. we can ~n~ meat m oo~rtmeat ora Fr~er imtt. ~eattnu comfort tn th~ Wt~r ~mbl~ 6 t.5~t 3:2 I HOW well would you ~m :he dealer support £~um tim ~razcr Company7 Cemmenls ~~,~2~ev are ~ ;~ notched family owned and oaerated comean~, l~n each thm~ ne "C~n 't Da': The emalol~e$ of la'rater are excellent, reactant, and tm. frOm to sattsfu the 7 ~)1 NO Wo~d you ~ommcnd F~r ~ts to o~ ~ccs7 Co~en~ I wo~dn 't reaomme~ a~htn~ bra~ nn the mar~t ~ far ~ ] am ~oncerne~ 8 H~ ~ rt~t ~ do you e~mly ~ve m a~9 ~rtor to ann~atton - 4 9 A~ly ~w m~y miles do you ~ yo~ ~ befo~ or ~a~te~ 60.0~ miles O~ t~ c~. ~e remo~t ~q m~le on a n~ c~t~ ~9 t~n reed the ~tt ot er ar 60, O miles value In remo~tino seam or ~alacement. ~rnphi~. I ~ you C~, VOI~ ~ C~b~d? We were pr~tl~ a~ Part-tt~ 2 Do you se~e a ~, R~, Combm~, o~ Othe~ Techmcallv we were ~al hut ~mattoned more It~ n 3 ~mt ta ~ aat~d ~p~a~on you aa~? ~ ~e~ed a ~ulatl~ o~,000 made ~t~teiv 1~ ~ a~ually Thank yea foe yeur ~me and Thank you for your hme and responsesl Ambulance Questionneire Plea~ mdla~ your level of ~h~chon tO each of'thC folloMng qu~-'~k)ns by clrchng number Five ~dd be tJ~ ~ satisfied and onc, th~ l~at 1 ~4321 Howlsdiolon~ .~tc~m~hFdbJlityMidse~lccabihtyoftheFrsz/~umtsmyours~flce? 2 ~4 3 2 I ~W a~ ~ ~u mu~ for ~r~ ~t of ~ m the ~x ~d 3 ~ ~ ~ J Hflw ~ll ~m y~ ~ Mlh Ae ~t ~up m ~r F~er ~17 4 ~2 I l~wwdl~y~M~c~w~~~mu~ ~m~rsphks~ Appmxl~y bow ~y ~le; ~ ~ou ~ ~o~ ~ts ~tom ~la~;~ Thank you for your time and res~nsosr CENTRAL F. MERGENCY MF.i)ICAL SBRVICF- ~ Noflh ThMu~nth Wm~ Coimnbla, TX 77486 409-34~2390 O4/22/99 Fu~EM80uthn~ Oklahoma Mr. Doyle Webb. Deputy Chief P O, Box 908 Guthnc, Oklahoma 73044 Dear Mr Webb I have completed your que~omms~e on the Fro,net Arabian,s The overall pa~'£onm~lt~ of our ~ner'ated umts bna ~ very q,'lUsfagtory Theso ffllGks ~ mn(lO for the gOll-Se~S to ~ long hums, howcvur,, dunnl~ tht.q process, It p .l~_.s a strmn on tho heatmfg/atr conchtlonm8 tpnlts A m..omficant benefit of the generated units ts that the patient ~ompa~hpont wdl bc iuml~at~o controlled regardless of the Ume of year Fid~tCr supports thc products thoy soil The .mf~ nfo normally confi~uFed by the orsamzaUons l~qttcstmg thom, and F~g£ will plO'fide suggest]ohs for l~tt~ workabthty mid safot~ I hope this Mil asmst yol! In your dm:tmon Best of Luck Ambulance Questionnaire PIm.w usd~,a~0 your level of mbOfb0tlon to e~h ot the following quesOon~ hy circling Ih~ most apprOprlal~ number Fiv~, ~ b~ the most ,~sR~l. ~ one, iht I~ ~h~M 5~2 I Hnw~t~l~~itya~bi~ofl~F~ff~tsuny~r~? 2 ~321 Co~ ~ 5 4~ I ~w well am ~ ~ with Ihe ~n~nmm 6 ~32 I How~II ~d~ ~e tl~l~fl f~nl~F~erC~J~y? Approxflnalelv how nmfly mdcS do you nm your umts before replsGement? Demoaraphics Are you ~.sr~r, Vo]umeer or combined?_._ ~ ~ ~ ~ e~ ~- ~ o,,,...,.~.c~,,.,,.,i Com~,,,~.o,O~ 'P,U..c.,',L '~ .l~/ ~,,'~n-'.¥~,' ~. Wlmt is the eebmated populdtmn )~u ~we9 ~ [3 ( C ir'- ,, Tllank you for youJ irma and responses~ OlTY Of EBB EMS &flllE DEPIIIITMBfl' LeWl IL ekaee Ir. tBimtml Fife flmmhal/Ell$ git. Me,ling 126 W Ma,n Located t06 I~ Allan Edna, Texas I??g6? Phone 351-782-315~1/2121 Fax 381-78~-~02 Emall ednaemsl~viptx net 041015/99 Mr Webb In afmwe~ Lo yum cluasbu~s per smvsy I behuws yuu~ bU~V~,U will be very happy with the Frazler ambulanoes, ~ have been using them since 1992 I have been very satisfied wi{Il ll~e depe,dubllil¥, rind mostly the service wa have received by Mr Orlffln, end Tommy I layes has been great They pnde ~ th©resolves with the servia3 they prevlda I alan had the conventional ambulances before we pur~h&sed the fraziem, I wes not happy with the aewlae, the oonbnuous replacement of alternators, overheat~n~ ~n the summer, eta Yes, you will have preblam~ with the frazler un*ts, but when they do break down ~ou call Mr Gnffin and or Tommy Hayes, they will find a way to fix the pmbbm The A/C and heater wo~'ks great, w~th the shoreline connection it will keep the patient compartment comfortable m any weathaq 'l'hay alan build there units for remount, and that really cola coma when ~t comes time for replacement I w~ll no longer pumhasa any unit that does not meet the -ntena of the fl'az~er unKs If I can help you fu~her Please don't hesitate to call Thanks, Buster Chase Ambulance Questionnaire I ~4321 Com~ 2 ~4321 Howa~tuml~f~wo~out0~h~x~md~¢xt~us'~ Co~ 4 ~4321 H0ww~y~tht~r~o~e~sl~~ 6 ~432 I ~llw~ldyou~d~l~s~fl~mt~F~crCom~ny? ~ ~ NO W~ you ~d ~a~ m~ ~ ~ct ~? Common~ 8 How ~ F~si~.nit~ ~ you ~tly ~Ve m ~? I ~ y~ ~, VoI~ ~ ~*zl~? ~ ~ ~ ~ ~ . _ Thank you for your tfme and reoponsesl From Car~ Tower To Tom Shaw Date 1/18/01 11 23AM Subject 1999 Ambulances w~th Frazer Boxes I have ~nvesflgated any repairs done on the Frazer boxes These boxes are under warranty for the first year of operation I am fax~ng you a copy of all warranty work completed on both ambulance boxes after confirming them with Frazer, Inc I can not find any type of repairs done that ara d~rectly related to Frazer Inc There were some heating and a~r conditioning problems w~th the umts but the a~r-cond~bon~ng and heabng system was not built by Frazer Inc One unit had an 02 regulator replaced and one s~ren was replaced again parts not made by Frezer Inc If you have any further quesbons please feel free to contact me at 8424 DELIVERY TICKET ~FRAZER, INC. P.o. uox 4m27 HOIA"r'ON, TX 772~ I. E027 'TOLL FRP~- (~H8)~72-937 PAX SERVICE I$ TAlE KEY O UNIT#$ W~31 YOUR ~ ~e~i~ ~C HEAT PUMP UNDER ,, M~ O~ TRUCK I ~,781 JAN-18-2001 11 33 CiTY U~ DEN1UN ~L~I bE~V DELIVERY TICKI~T ~ ~OX 41~7 ~.~-I~ , ~. ~ '~~ ..,.... 3~-~-. i I ATTACHMENT 4 CITY OF CEDAR RILL BID TABULATION - TYPE I AMBULANCE SEPTEMBER 10, 1999 @ 2 00 P M COMPANY BID PRICE EXTEND BID PRICE DELIVERY CHARGE TOTAL PRICE DELIVERY TIME (EACH) (X2) Wheeled Coach $ 79~890 $ 159~780 N/A $ 159,780 120days Frazer $ 78~700 i $ 15L400 $ 200 $ 157~600 120 days Phoemx Group No b~d AA No b~d PL Custom No b~d ~mencan No b~d ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF CEDAR ~ AND AWARDING A CONTRACT FOR THE PURCHASE OF TWO TYPE I AMBULANCES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (FILE 2634 - INTERLOCAL AGREEMENT FOR AMBULANCES WITH C1TY OF CEDAR HILL, CONTRACT AWARDED TO FRAZER, INC DBA JACK ROACH FORD IN THE AMOUNT OF $157,600) WHEREAS, pursuant to Ordinance 2001-037, the City of Cedar Hill has solicited, received, and tabulated competitive bids for the purchase of necessary materials, equipment, supplies, or services in accordance with 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 herein described materials, equipment, supplies, or services can be purchased by the City through the Interlocal Agreement with the City of Cedar Hill at less cost than the City would expend if bidchng these items individually, and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies, or services approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered items in the following numbered purchase order for materials, equipment, supplies, or services, shown m the "Purchase Orders" referenced herein and on file in office of the Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items PURCHASE ORDER VENDOR AMOUNT 12305R Jack Roach Ford $157,600 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 City of Cedar H~ll for such items and agrees to pumhase the materials, equipment, supplies, or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained ~n the bid documents and related documents filed with the City of Cedar I-hll, and the purchase orders ~ssued by the C~ty SECTION In That should the C~ty and persons submitting approved and accepted items set forth ~n the referenced pumhase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the City of Cedar I-hll, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be referenced herein, provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the City of Cedar Hill, quantities and specified sums contmned in 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 in tile referenced purchase orders, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approval purchase orders or pursuant to a written cDntract made pursuant thereto as authorized hereto SECTION V That this ordinance shall become effective immediately upon ~ts passage and approval PASSED AND APPROVED this day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY File 2634--PO 12305R-Frazer lnc - City of Cedar Hill INTERLOCAL COOPERATIVE PURCHASING ORDINANCE (2 01 ) l)ato~ AGENDA INFORMATION SHEET AGENDA DATE: February 20, 2001 Questtons concerning thts acquisition may be dtrected DEPARTMENT: Materials Management to Bruce Hemngton 349-7200 ACM' KathyDuBose, Fiscal and Mumctpal Services ~) ~t~~ SUBJECT: An Ordinance accepting compettttve btds by way of an Interlocal Agreement wtth the Denton County and awarding a contract for the purchase of Office Furmture, provtdmg for the expendtture of funds therefore, and provtdmg an cffecuve date (File 2653 - Interlocal Agreement for Furmture wtth Denton County, contract awarded to McKmney Office Supply m thc amount of $137,795 24) INTERLOCAL AGREEMENT INFORMATION An Interlocal Agreement for cooperative purchastng of materials and supphes between the C~ty of Denton and Denton County was approved by Council on October 20, 1998-(Ordinance 98- 344) Among those contracts available to the City of Denton from Denton County ts Btd 06-00- 1377-Office Furniture Thts b~d was awarded by Denton County to McKmney Office Supply at an agreed price of 56% off of manufacture's (HON) latest pubhshed price hst Due to the w~de variety of ,fumtture required to fit the conflguratton at City Hall East and the destre to malntatn some level of conststency m color and style, a percentage from hst price works much better than a b~d for tnchvidual ~tems This cooperaUve agreement allows for a volume dtscount that ~s advantageous to both the ctttzens of the City and County The furniture mcluded tn this acqulsltton is for the Engtneenng Dtwslon's relocation to Ctty Hall East and new furmture for the Facthtles Management Dtv~s~on RECOMMENDATION: We recommend purchase order 12582 to McFanney Office Supply be approval tn the amount of $137,795 24 c PRINCIPAL PLACE OF BUSINESS: McKtnney Office Supply McKmney, TX ESTIMATED SCHEDULE OF PROt[ECT. Dehvery of the hsted furmture ts approximately 6 weeks after receapt of an order or the second week ~n April 2001 Agenda Information Sheet February 20, 2001 Page 2 FISCAL ~NFORMATION: Funding from Builchng Operation improvements fund (477-032-BLDG-0018 -9101 ) Respectfully subrmtted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Purchase Order to McK~nney Office Supply Inc Attachment 2 Proposal from McI~hnney Office Supply reflection from Denton County Contract (06-00-1377) Prices 1526 Agenda ATTACHMENT 2 Purchase Order Line 1 City of Denton City Hall East Second Floor Eng,neer, ng/ Opt,on # 7 C~ty of Denton - Engineering Final Layout D# CODENGFINAL cdb 3 10701R S~ngle Pedestal R~ght B/B/F 409 64 1,228 92 66W 30D 29-1/2H 3 10702L Single Pedestal Left B/B/F 409 64 1,228 92 66W 30D 29-1/2H 6 10707R S~ngle Pedestal Credenza R~ght 373 12 2,238 72 F/F 72W 24D 8 10708L Single Pedestal Credenza Left 373 12 2,984 96 F/F 72W 24D 8 10711R Flush Height Return R~ght F/F 273 24 2,185 92 48W 24D 29-1/2H 9 10712L Flush Height Return Left F/F 273 24 2 459 16 48W 24D 29-1/2H 2 10730 Personal Wardrobe/Storage Cab 473 88 947 76 5 10733 10700 Series Stack-on Storage 309 76 1,548 80 for 66W Credenza or Desk 17 10734 10700 Ser~es Stack-on Storage 319 88 5,437 96 for 72W Credenza or Desk 17 10738 10700 Series Back Enclosure 60 72 1,032 24 for Model 10734 1 10741 Credenza w/KneeSpace 72W 24D 449 24 449 24 1 10747R 10700 Senes Credenza 418 00 418 00 w/Lateral R~ght 24D x 72W 1 10748L 10700 Series Credenza 418 00 418 00 w/Lateral Left 24D x 72W 5 10753 10700 Senes Bookcase 3-Shelf 172 04 860 20 36W x 13-1/8D 10 10755 10700 Series Bookcase 5-Shelf 242 88 2,428 80 36Wx 13-1/8D 5 10762 10700 Senes Lat.eml F~le 271 92 1,359 60 20D x 36W x 29-5/8H 1 10767 Credenza w/KneeSpace 60W 24D 395 56 395 56 9 10787R S~ngle Pedestal R~ght B/B/F 445 28 4,007 52 72W 36D 29-1/2H 7 10788L Single Pedestal Left B/B/F 445 28 3,116 96 72W 36D 29-1/2H 2 3101 Management,Sw~veI-T~lt 172 04 344 08 Pneumatic Arms 1 38220 38000 Ser~es Bridge 24D x 42W 91 96 91 96 1 38243N Full Clearance Stack-on Shelf 146 96 146 96 66W x 37-1/4H x 13-1/2D 11 38244N Full Clearance Stack-on Shelf 155 32 1 708 52 72Wx 37-1/4H x 13-1/2D 1 38248 2 33"W x 16"H Fhpper Doors 82 28 82 28 w/Lock For 66"W Stack-on 11 38249 2 36"W x 16"H Fhpper Doors 84 92 934 12 w/Lock For 72"W Stack-on 3 38921 38000 Series Modular Desk 178 64 535 92 48"W 24"D 29-1/2"H 2 38923 38000 Serms Modular Desk 200 64 401 28 66"W 24"D 29-1/2"H 11 38925 38000 Series Modular Desk 210 76 2 318 36 72"W 24"D 29-1/2"H 11 38932 38000 Series Modular Desk 198 00 2,178 00 60"W 30"D 29-1/2"H 2 38943R 38000 Series Return R~ght 150 48 300 96 48"W 24"D 29-1/2"H 2 38949R 38000 Series Return R~ght 140 36 280 72 42"W 24"D 29-1/2"H 3 38950L 38000 Series Return Left 140 36 421 08 42"W 24"D 29-1/2"H 30 4001 Exec,H~gh-Back,Sw~veI-T~lt 112 20 3,366 00 Arms 1 4063 Straight Table(No Legs Needed) 66 00 66 00 4071,4072 & 4051 Chairs 2 4069 Ganging Connector for Model 15 40 30 80 4067 2 4071 4070 Series Fan Back Guest 183 92 367 84 Set of 2 7 4701 Exec, H~gh-Back, Pneumabc, 165 00 1,155 00 Swivel Inverse Synchro-TIIt 12 5003 5000 Series Park Avenue Guest 173 80 2,085 60 Leg Base Wood Arms 35 51205 Comer Sleeve for Bull Nose ' 21 12 739 20 Edge 65000/66000 Serms 1 5401 Exec High Back,Pneu,Sw~velT~lt 439 12 439 12 ,T~lt Tension & Lock, Arms 1 66537 66000 Ser~es Desk 159 72 159 72 24D x 42W x 29-1/2H 1 66547 66000 Series Desk 147 84 147 84 24D x 36W x 29-1/2H 26 7808 Managerial/Task, Asynchronous 242 00 6 292 00 w/Arms, Seat Gl~de, Pneumatic 6 801043P Straight Connector K~t 43H 18 48 110 88 Low Profile Painted Top Cap 21 801069P Straight Connector K~t 69H 20 24 425 04 Low Profile Painted Top Cap 4 801082P Straight Connector K~t 82H 24 64 98 56 Low Profile Painted Top Cap 5 801143P Ell Connector K~t 43H 25 96 129 80 Low Profile Painted Top Cap 16 801169P Ell Connector K~t 69H 28 60 457 60 Low Profile Painted Top Cap 3 801182P Ell Connector K~t 82H 33 44 100 32 Low Profile Painted Top Cap 1 801243P Tee Connector K~t 43H 50 60 50 60 Low Profile Painted Top Cap 3 801269P Tee Connector K~t 69H 55 44 166 32 Low Profile Painted Top Cap 3 801282P Tee Connector K~t 82H 66 44 199 32 Low Profile Painted Top Cap 3 801443P Panel End Cover-Fabric 43H 18 48 55 44 Low Profile Painted Top Cap 21 801469P Panel End Cover-Fabric 69H 20 24 425 04 Low Profile Painted Top Cap 1 801482P Panel End Cover-Fabric 82H 24 64 24 64 Low Profile Painted Top Cap 1 801569P Panel to Wall Mount K~t 69H 44 88 44 88 Low Profile Painted Top Cap 9 801569P Panel to Wall Mount K~t 89H 44 88 403 92 Low Profile Painted Top Cap 1 801602P Vanable Hgt F~nish K~t 2-Way 30 80 30 80 Low Profile Top Cap Fabric 3 801603P Variable Hgt Finish K~t 3-Way 30 80 92 40 Low Profile Top Cap Fabric 2 801769P Extended Straight 69H 89 32 178 64 Low Profile Painted Top Cap 1 80192 Laminate Occasional Table 92 40 92 40 Comer Table 24L 24W 20H 2 80448G Round Laminate Top 48 w/"G" S 120 12 240 24 elf Edge 1 80697G Rectangular Shape Laminate Top 162 80 162 80 w/"G" Self Edge 96L x 42W 1 81215 Slab Base K~t for 96L Top 104 72 104 72 2 81222 18" Cyhnder Base 122 76 245 52 7 822400B Radius Edge Comer Worksurface 194 92 1,364 44 42"W 24"D 2 822401B Radius Edge Corner Worksur/ace 170 28 340 56 36"W 24"D 1 822424B Radius Edge Worksurface 68 20 68 20 24D 24W 1-1/8" 3 822430B Radius Edge Worksurface 72 60 217 80 24D 30W 1-1/8" 1 822436B Radius Edge Worksurface 80 08 80 08 24D 36W 1-1/8" 9 822436B Radius Edge Worksurface 80 08 720 72 24D 38W 1-1/8" 5 822442B Radius Edge Worksurface 88 44 442 20 24D 42W 1-1/8" 1 822442BT Radius Edge Worksurface 99 44 99 44 24D 42W T-Span 2 822448B Radius Edge Worksurface 98 12 196 24 24D 48W 1-1/8" 2 822448B Radius Edge Worksurface 98 12 196 24 24D 48W 1-1/8" 2 822472B Radius Edge Worksurface 132 00 264 00 24D 72W 1-1/8" 2 822472B Radius Edge Worksurface 132 00 264 00 24D 72W 1-1/8" 1 823180B Radius Edge Pemnsula 157 08 157 08 Worksu[face 30W 60L 1 823166B Radius Edge Pemnsula 189 64 189 64 Worksurface 30W 66L 1 830099 Support Column for Pemnsula 50 16 50 16 Worksurface 29-1/2H 1 830099 Support Column for Pemnsula 50 16 50 16 Worksurface 29-1/2H 6 831024 Cantilever Bracket 20D,24D 19 80 118 80 10 831024 Cantilever Bracket 20D,24D 19 80 198 00 4 831324 Worksurfaces-To-Panel Bracket 15 40 61 6O 20D,24D 2 831324 Worksurfaces-To-Panel Bracket 15 40 30 80 20D,24D 4 831824 Full End Panel Support 49 72 198 88 24D 29-1/2H 3 831824 Full End Panel Support 49 72 149 16 24D 29-1/2H 26 840000 Articulat~ng Keyboard Platform 128 92 3,351 92 w/Mouse Pad 11 851500 Counter Top Brackets 1 Pa~r 8 36 91 96 Low Profile Painted/Wood 1 851536 Countertop 15D 36W 67 76 67 76 1 851542 Countertop 15D 42W 73 48 73 48 1 851548 Countertop 15D 48W 75 68 75 68 1 851572 Countertop 15D 72W 94 16 94 16 1 853636 Corner Countertop 36W 36D 135 96 135 96 9 860136 Storage Cabinet w/Door 139 92 1,259 28 36W 14-1/4D 16H 7 860842 Open Bookshelf Half-Height 62 48 437 36 42W 13-3/4D 8H 2 861672 Stack-on Hutch w/Doors & Lock 234 52 469 04 72W 36-1/4H 13D 1 861672 Stack-on Hutch w/Doors & Lock 234 52 234 52 72W 36-1/4H 13D 2 862072 Tackboard 72W 20H 97 68 195 36 1 862072 Tackboard 72W 20H 97 68 97 68 6 870070 Power Pole I0'-5"H 105 60 633 60 3 870071 Integrated Power Pole 51 04 153 12 78" Long 2" Square 1 870072P Trim/Connector K~ts 30 80 30 80 "ELL" Low-Profile Top-Cap 2 870073P Trim/Connector K~ts 30 80 61 60 "TEE" Low Profile Top-Cap 9 870930 Task L~ght (Recessed) 61 16 550 44 30W - 36W 2 870960 Task L~ght (Recessed) 71 28 142 56 60W 1 870960 Task L~ght (Recessed) 71 28 71 28 60W 1 871018 Electrical Pass-Thru Cable 27 28 27 28 18W 3+1 & 2+2 Systems 1 871224 Electrical Power Harness 24W 51 48 51 48 3+1 & 2+2 Systems 1 871224 Electrical Power Harness 24W 51 48 51 48 3+1 & 2+2 Systems 2 871230 Electrical Power Harness SOW 51 48 102 96 3+1 & 2+2 Systems 5 871236 Electrical Power Harness 38W 51 48 257 40 3+1 & 2+2 Systems 5 871236 Electrical Power Harness 36W 51 48 257 40 3+1 & 2+2 Systems 1 871242 Electncel Power Harness 42W 54 56 54 56 3+1 & 2+2 Systems 11 871242 Electrical Power Harness 42W 54 56 600 16 3+1 & 2+2 Systems 2 871248 Electrical Power Harness 48W 54 56 109 12 3+1 & 2+2 Systems 4 871248 Electrical Power Harness 48W 54 56 218 24 3+1 & 2+2 Systems 5 871501 Duplex Receptacle C~rcmt 1 8 36 41 80 3+1 & 2+2 Systems 13 871501 Duplex Receptacle C~rcu~t 1 8 36 108 68 3+1 & 2+2 Systems 2 871502 Duplex Receptacle C~rcmt 2 8 36 16 72 3+1 & 2+2 Systems 10 871502 Duplex Receptacle C~mmt 2 8 36 83 60 3+1 & 2+2 Systems 2 871504 Duplex Receptacle Isolated 8 36 16 72 C~rcmt 3+1 & 2+2 Systems 7 871504 Duplex Receptacle Isolated 8 36 58 52 C~rcmt 3+1 & 2+2 Systems 2 871506 Duplex Receptacle Isolated 8 36 16 72 C~mmt 2+2 System Only 2 871912 Integrated Ce~hng In-Feed 58 96 117 92 144" Flex Cable 3+1 & 2+2 Sys 1 871972 Base In-Feed 72" Long Condmt 44 00 44 00 3+1 & 2+2 Systems 1 879072 Base Power In-Feed Cable 57 64 57 64 3+1 & 2+2 Systems 4 894324P Acoustical Panel 43H x 24W 104 28 417 12 Low Profile Painted Top Cap 5 894336P Acoustical Panel 43H x 36W 127 60 638 00 Low Profile Painted Top Cap 3 894342P Acoustical Panel 43H x 42W 144 32 432 96 Low Profile Painted Top Cap 2 894348P Acoustical Panel 43H x 48W 152 68 305 36 Low Profile Painted Top Cap 2 896924P Acoustical Panel 69H x 24W 126 28 252 56 Low Profile Painted Top Cap 4 896930P Acousbcal Panel 69H x 30W 142 12 568 48 Low Profile Painted Top Cap 1 896936P Acousbcal Panel 69H x 36W 152 68 152 68 Low Profile Painted Top Cap 24 896936P Acoustical Panel 69H x 36W 152 68 3,664 32 Low Profile Paintbd Top Cap ' 7 896942P Acoushcal Panel 69H x 42W 175 56 1,228 92 Low Profile Painted Top Cap 6 896948P Acoustical Panel 69H x 48W 186 12 1,116 72 Low Profile Painted Top Cap 17 896960P Acoustical Panel 69H x 60W 204 16 3,470 72 Low Profile Painted Top Cap 1 898218P Acoushcal Panel 82H x 18W 154 44 154 44 Low Profile Painted Top Cap 2 898224P Acoustical Panel 82H x 24W 199 32 398 64 Low Profile Painted Top Cap 3 898236P Acousbcal Panel 82H x 36W 246 40 739 20 Low Profile Painted Top Cap 4 898242P Acoustical Panel 82H x 42W 259 60 1,038 40 Low Profile Painted Top Cap 18 90034 Tackboard for Model 10734 with 51 92 934 56 10738 Enclosure 1 90250 Wood Center Drawer 80 96 80 96 16-1/4D x 25-1/4W 1 90448G 48" Round Veneer Table Top 548 68 548 68 1 91222 Cyhnder Base Kit 310 20 310 20 2 92730 92000 Ser~es Personal Wardrobe 879 56 1,759 12 Storage Cabinet 36W 24D 67H 1 92735 92000 Series Stack-On Storage 622 16 622 16 w/Enclosed Back 1 92741 92000 Series Credenza 714 12 714 12 w/Kneespace 24D x 72W Full Ped 1 92755 92000 Series Bookcase 5-Shelf 472 56 472 56 13-1/8D x 36W x 70-25/32H 1 92799 92000 Series Double Ped Desk 850 96 850 96 36D x 72W Full Height Peds 9 AKPM Arbculat~ng Keyboard w/Mouse 144 76 1,302 84 Pad 6 ATRSP-4230L Adjustable Height Rectangular 913 00 5,478 00 Table Single Surface 30D 40W 1 CABgL Desk-To-Panel Attachment K~t 17 60 17 60 29-1/2H-LH 1 CABgR Desk-To-Panel Attachment K~t 17 60 17 60 29-1/2H-RH 1 CS244 Half Height Modesty Panel 35 64 35 64 24W x 14H 1 CS304 Half Height Modesty Panel 35 64 35 64 30W x 14H 2 CS304 Half Height Modesty Panel 35 64 71 28 30W x 14H 2 CS424 Half Height Modesty Panel 37 40 74 80 42W x 14H 2 CS424 Half Height Modesty Panel 37 40 74 80 42W x 14H 2 CS484 Half Height Modesty Panel 39 16 78 32 48W x 14H 1 CS724 Half Height Modesty Panel 43 56 43 56 72W x 14H 1 CS729 Modesty Panel 72W 29-1/2H 43 56 43 56 7 CSL29 Support Leg 24D 29-1/2H 43 56 304 92 21 CSL29 Support Leg 24D 29-1/2H 43 56 914 76 7 EL-L.29A Elba Table Legs Levehng 100 76 705 32 Gl~des/Pa~r 7 EL. L29E Elba Table Legs/Black Hood 100 76 705 32 Casters/LocldPa~r 1 EL-P26 Elba Pedestal Base/26" Span 157 08 157 08 Painted 7 EL. TCR-3060J 30 x 60 Rectangular Elba Top 150 92 1.056 44 Laminate/Matching Edge 1 EL-TCS-36J 36" Square Elba Table Top 117 04 117 04 Laminate/Matching Edge 23 H870960 60W Taskl~ght 64 68 1,487 64 12 H870960 Task Light 60W 64 68 776 16 11 LT9170B 9000 Lateral F~le 2 Drawer 198 00 2,178 00 28H 30W 1 LT9180B 9000 Lateral F~le 2 Drawer 220 00 220 00 28H 36W 7 PF197-203B 10000 Series Freestanding Ped 154 44 1,081 08 Box/Box/F~Ie 19D x 28H 7 PFlg8-202B 10000 Series Freestanding Ped 154 44 1,081 08 F~le/F~le 19D x 28H 4 PM187-203B 10000 Series Mobile Pedestal 154 44 617 76 Box/Box/F~le 19D x 28H 14 PM187-203B 10000 Series Mobile Pedestal 154 44 2,162 16 Box/Box/F~le 19D x 28H 2 PM188-202B 10000 Series Mobile Pedestal 154 44 308 88 F~le/File 19D x 28H 1 T66 20H Tackboard for 66W Stack-on 79 64 79 64 11 T72 20H Tackboard for 72W Stack-on 82 72 909 92 ProJect Total $122,167 32 ~ Purchase Ordar Line 2 City of Denton - Facility M~t Scale 114" = 1' Option # 3 C,ty of Denton - Fac,litles Option # 3 D# CODPURCH2 cdb 4 4701 Exec, H~gh-Back, Pneumatic, 263 56 1,054 24 Swivel Inverse Synchro-T~lt 4 4706 Guest Cantilever Base w/Arms 188 32 753 28 2 840000 Arhculatmg Keyboard w/Mouse 128 92 257 84 Pad 21W x 10-1/2D 2 90034 Tackboard for Model 10734 w~th 51 92 103 84 10738 Enclosure 1 90436G 36" Round Veneer Table Top 361 24 361 24 1 91221 Cylinder Base for 36 Round T 302 72 302 72 op 2 92735 92000 Series Stack-On Storage 622 16 1,244 32 w/Enclosed Back 2 92747R 92000 Senes Credenza 605 88 1,211 76 w/Lateral, R~ght 24D x 72W 2 92755 92000 Ser~es Bookcase 5-Shelf 472 56 945 12 13-1/8D x 36W x 70-25/32H 2 92760 92000 Senes Bridge 24D x 42W 219 56 439 12 I 92762 92000 Senes Lateral F~le 417 12 417 12 20D x 36W x 29-5/8H 2 92788L 92000 Senes Single Ped Desk, 716 32 1,432 64 Left 36D 72W Full Height Ped 2 H870960 60W Taskl~ght 64 68 129 36 ProJect Total $8,652 60 ~ C.O.D. - Facility Management Scale 114" = t' ~ Option # 3 Chent Report COD - F,~c~hty ~.gt - Op[Ion # 3 Dept 1 4701 Exec, H~gh-Back, Pneumabc, 599 00 599 00 Swivel Inverse Synchro-T~lt 2 4703 Mang, M~d-Back, Pneumatic 546 00 1,092 00 Swivel Inverse Synchro-Tflt 2 4706 Guest Canblever Base w/Arms 428 00 856 00 1 840000 Arbculat~ng Keyboard w/Mouse 293 00 293 00 Pad 21W x 10-1/2D 1 90034 Tackboard for Model 10734 w~th 118 00 118 00 10738 Enclosure 1 90250 Wood Center Drawer 184 00 184 00 16-1/4D x 25-1/4W 1 90442G 42"RoundVeneerTableTep 101000 101000 1 91222 Cylinder Base Kit 705 00 705 00 2 92730 92000 Sones Personal Wardrobe 1,999 00 3,998 00 Storage Cabinet 36W 24D 67H 1 92735 92000 Series Stack-On Storage 1,414 00 1,414 w/Enclosed Back I 92741 92000 Sones Credenza 1,623 00 1 623 00 w/Kneespace 24D x 72W Full Pod 2 92754 92000 Series Bookcase 4-Shelf 940 00 1,880 00 13-1/8D x 36W x 57-1/8H 1 92799 92000 Series Double Ped Dusk ~1,u34 00 36D x 72W Full Height Peals I HRTOCt_Rn Rt3W T~$kh?ht 147 FiF~ Sub Total $15,853 00 1/31/01 7 03 1lAM Page 1 of 1 ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN INTERLOCAL AGREEMENT WITH DENTON COUNTY AND AWARDING A CONTRACT FOR THE PURCHASE OF OFFICE FURNITURE, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (FILE 2653 - INTERLOCAL AGREEMENT FOR FURNITURE WITH DENTON COUNTY, CONTRACT AWARDED TO MCKINNEY OFFICE SUPPLY IN THE AMOUNT OF $137,795 24) WHEREAS, pursuant to Orchnance 98-344, the County of Denton has sohclted, received, and tabulated competmve b~ds 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 mwewed and recommended that the here~n described materials, eqmpment, supplies, or serwces can be purchased by the City through the Inteflocal Agreement w~th Denton County at less cost than the City would expend if b~dd~ng these ~tems ~nchwdually, and WHEREAS, the C~ty Councd has prowded in 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 herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered ~tems m the following numbered purchase order for materials, equipment, supplies, or serwces, shown ~n the "Purchase Orders" referenced herein and on file m office of the Purchasing Agent, are hereby accepted and approved as being the lowest responsible b~ds for such ~tems PURCHASE ORDER VENDOR AMOUNT 12582 Mcganney Office Supply Inc $137,795 24 ~ That by the acceptance and approval of the above numbered items set forth ~n the referenced purchase orders, the C~ty accepts the offer of the persons submimng the b~ds to the Denton County for such ~tems and agrees to purchase the materials, eqmpment, supplies, or services in accordance with the terms, conchtlons, specifications, standards, quantmes and for the specified sums contmned m the b~d documents and related documents filed with the Denton County, and the purchase orders ~ssued by the C~ty E~ION m That should the City and persons subnuttmg approved and accepted ~tems set forth xn the referenced purchase orders wish to enter into a formal written agreement as a result of the Cxty's ratification of bids awarded by Denton County, the City Manager or his designated representative is hereby anthonzed to execute the written contract referenced herein, provided that the written contract ~s m accordance w~th the terms, condmons, spemhcatlons and standards contmned m the Proposal submatted to the Denton County, quantmes and specified sums conuuned m the C~ty'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 in the referenced purchase orders, the C~ty Council hereby authorizes the expenditure of funds ther,for in the amount and m 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 effecUve immediately upon its passage and approval PASSED AND APPROVED this day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 12582 - McKmney Office Fumtture INTERLOCAL COOPERATIVE PURCHASING ORDINANCE (2 01) Agenda No Agenda Item~ AGENDA INFORMATION SHEET AGENDA DATE: February 20, 2001 Questions concermng th~s acqms~t~on may be d~rected DEPARTMENT: Materials Management to Dave H~ll 349-8314 ACM: Kathy DuBose, F, scal and Mumc~pal Serv,ces SUBJEC$: An Ordinance authonmng the C~ty Manager to execute a Professional Services Agreement (PSA) w~th the firm of Hellmuth, Obata & Kassabaum, Inc (HOK) to prowde professional servmes for the development of a C~ty of Denton Fac~htms Master Plan as set forth m th~s contract, authorizing the expenrhture of funds therefore, and prowd~ng an effective date (PSA 2575 - C~ty of Denton Faclhtms Master Plan awarded to Hellmuth, Obata & Kassabaum, Inc m the not to exceed amount of $361,533) RFSP INFORMATION: An Agenda Informatmn Sheet prepared by Mr Dawd I-hll, Assistant C~ty Manager for Planmng and Development g~ves a very good review of th~s RFSP and ~s attached as Exhibit 1 Also a more detailed presentation was made to Councd on January 23, 2001 RECOMMENDATION: We recommend th~s Professional Servmes Agreement (PSA 2575) and subsequent contract be awarded to Hellmuth, Obata & Kassabaum Inc m the not to exceed amount of $361,533 PRINCIPAL PLACE OF BUSINESS: Hellmuth,l Obata & Kassabaum Inc Dallas, TX ESTIMATED SCHEDULE OF PRO~[ECT: Est]mated schedule for completion of th~s Master Plan ~s the last week ~n October 2001 FISCAL INFORMATION: Funding for th~s Master Plan will be as outhned m the reimbursement resolution and or budget amendment hsted on th~s Consent Agenda Agenda Ilaformatlon Sheet February 20, 2001 Page 2 Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Agenda Informatton Sheet from Dawd Hill Attachment 2 Proposal for City of Denton Faclhtms Master Plan 1527 Agenda ATTACHMENT 1 AGENDA INFORMATION SHEET AGENDA DATE. February 20, 2001 DEPARTMENT: Planmng & Development CM/DCM/ACM: Dave Hill, 349-8314 SUBJECT BACKGROUND As part of the approval of the fiscal year 2000-01 budget, City Cotmml reserved funding to conduct several master plans One of these projects was identified as the Famhtles Master Plan As the ~mplementatlon of the 1990-2000 Space Plan neared completmn, the need for additional public facilities was reahzed in 1999 A strong population growth rate, new development, and expanding city boundaries are all contributing factors that will necessitate increased servme dehvery levels As Denton grows, new or expanded faclhtles wall be needed to support new personnel, eqmpment, and storage ftmctlons For example, a new North Branch Library wall soon be opened on N Locust, and a new Fire Statmn #7 wall be located xn southwest Denton, along either US 377 or 1-35W The Denton Plan indicates that planning for pubhc facllmes should be coordinated to take advantage of shared sites, to reflect high quahty, and to serve as the centers of new neighborhoods where feasible In Denton, neighborhood parks have been located close to elementary schools to create central "focal points" ~n several neighborhoods, and these famlmes serve as neighborhood centers The underlying pnnclple of coordinated facthtles planmng is to use public resources as efficiently as possible wInle providing the range of services expected by citizens The master plan scope, as drafted, is also ~ntended to address other more detaded issues such as general space needs, proper maintenance levels, standards for demgn, and proper repmr and replacement schedules to protect existing famht~es and provide a budgeting tool for regular mmntenance activities Dunng late 2000, city staff prepared a Request for Proposals (RFP) that was advertised pubhcly and sent to more than 20 consultant firms Seven firms or consultant teams responded with proposals, and on December 7m and 8th, proposal interviews were conducted for slx of the respondents Using a sconng system that was weighted in d~rect correlation to the RFP criteria, a 12-person interview panel representing all mty departments chose the firm Hellmuth, Obata + Kassabaum, Inc (HOK) as the preferred consultant for the project Following their selection, the HOK team met with city staff to refine the draft scope .of work and budget The draft HOK scope of work and budget was reviewed by Counml on January 23~d, and was approved for contract preparation The ordinance, contract and final scope of work for the Facilities Master Plan are attached Attachment 2 Proposal to THE CITY OF DENTON for Facilities Master Plar~ Forecasting Planning & Architectural Servmes Related to Comprehensive Fac~llles Mas~er Plan & tmolemantatlon (RFP # 2575) Exhibit B Proposal for City of Denton Faclhtles Master Plan Submitted By Hellmuth, Obata + Kassabaum, LP February 7, 2001 HELLMUTH OBATA + KAS$ABAUM LP PropOsal te THE CITY OF DENTON for FaciMles Master Plan Forecasting Planning & Archltec{ural Services Related to ~omprehenalve Facllllies Mas[er Plan & Imptemenla[ion (RFP # 2575) Project Understanding The City of Denton is at an important stage in planmng for the development of the city for the next twenty years Having completed The Denton Plan, a growth management strategy has been developed and it is now t~me to develop a Comprehensive Facilities Master Plan This plan will focus on the next ten years, which is one the critical first steps to posmomng the mty to gain a complete understanding of its assets, develop sermce delivery options for future growth, as well as a framework to guide the master planned improvements resulting m specific facdmes recommendations optlmazatlon strategy for the short term plan (3-5 years), capital funding strategy for the long term plan (5-10 years), and a master planned lmplementation/phasmg schedule Project Approach HOK has assembled a best-m-class project team to provide pre-design and demsion support sermces, including facilities programming, feasibility testing and strategm planmng We have the addmonal ability to call upon specialists within the larger HOK network for advice at the pre- designlstage mcludlng architects, interior designers, landscape architects, urban design specmllsts and engineers We realize that there are spemal challenges ~n worlong on a mummpal project for the City of Denton many stakeholders and diverse objectives, multiple real estate/financial options and the need to achieve exemplary results w~th hm~ted resources We are familiar with these challenges and have developed programming tools and famhtat~on techniques to sucaessfully achieve your objectives The project team will utilize HOK's Problem Seeking methodology to establish goals, collect and analyze facts, uncover and test concepts, determine needs and state the problem The programming and planning process ~s chent-part~mpatory and will involve a series of interactive workshops on-site to · collect base data, · define goals, objectives and work tasks, · coltect and review program input with client representatives, · resolve program directions with client decision makers Project Workplan HOK has organized the approach to develop an appropriate Master Plan for the Clty of Denton by d~screte phases that include the following process steps as requested m the C~ty's RFP 0 Proj eot lmtlatlon/Objectlves and Vision, 1 Data Collection and Analysis, 2 Service Delivery Pnnmples, 3 Famhty Master Plan Development, 4 Sp~cffic Facility Recommendations (3-5 years), 5 Sp~cffie Facthty Recommendations (5 - 10 years) We have mcluded three exhablts to fully illustrate our project approach · Process Diagram A wsual diagram that conveys the phased process HOK will undertake to develop a comprehensive facthty master plan for the C~ty of Denton ~ncludmg act~wt~es/task, process, decision meetings/milestones/approvals and deliverables · Prejeet Schedule Using the process diagram, the specific tasks under each process step have beep outlined wlthm a calendar schedule to indicate the relationship of activities to one HELLMUTH OBATA+KASSABAUM LP proposal to THE CITY OF OENTON for Facilities Master Plan Forecasting Planning & Archdec[ural Services Related to eompcehen$ive Facilities Master Plan & Implementation (RFP # 2575) another in time The time indicated is actual work time of our project team Knowing that the actual amount of time required for rewew and approval by the city and/or city council may impact the schedule, we have indicated four update/approval meetings at the end of major phases which may add to the actual length of the project beyond our control · Scope of Work Outline Outline of the process which describes the sequence of major act[vlt~es, goal of the task, outline of activities within the task, anticipated duration and expected deliverables HOK is pleased to submit this outhne ora workplan to describe the approach we will undertake to develop a Comprehensive Facthttes Master Plan for the City of Denton Below we have prepared cursory descriptions of the steps we will take, including the key activities, goals to accomplish, duration, key deliverables and prerequisites of each item 0 0 Projecf Inlfl,'fflon Goal Understand the issues and objectives of the study, the expectations and priorities of the stake-holders, the demslon-makmg and approval process, and the uses for the dehverabtes/products KeyActtwttes HOK will meet with City staffto discuss the study objectives and confirm the workplan, schedule and pamc~pant roles (including forming the steering/decision- makang/approval groups and the technical resource group) Three major milestone activities include · Project Management Meetings - One-day meeting to organize the project team, review and adjust project schedule, identify the decision-making process, agree to the format, level of detail and content of the deliverables to be prepared by HOK by reviewing samples from other projects Steering Committee Creation - Identification of members of the Steering Committee who will provide the primary direction for the project Composed of decision-makers and department heads representing the affected groups, this group would meet in the forum of presentation of findings at key milestones in the project Vision Session - HOK will famhtate a one-day Vision Session with senior management and/or project stakeholders to identify the ultimate goals and objectives of a master plan The meeting will be conducted in an interactive style, utlhzmg our Problem Seeking methodology that is mtended to elicit many v~ewpmnts of all participants resulting in the establishment of priorities and parameters to focus the study Our purpose in these sessions ~s not to produce solutions, but rather, to identify all aspects of the problem to be solved, so that eventual solutions effectively address as many issues as possible Duratton 1 Week Key Dehverables · Finalized scope, schedule, fee and deliverables · "Leadership Direction" Summary Prerequisites * Notification to proceed HELLMLITH OBATA + KASSABAUM LP I Condition Assessment/Macro Program Goal Two fold focus l) Development of database of City of Denton assets which will serve as a single source to record the baseline data, assessment of the facility condition and suggested improvements 2) The development ora "macro program" which will serve as the demand criteria to develop strategies encompassing existing asset optimization and new asset definition Key Actmttes HOK will assemble two teams to concurrently collect and analyze data relevant to the study The two teams will test their findings against planning standard filters leading to analytical synthesis of the supply versus the demand condition and the development of the "macro program" Supply Condition - HOK will assemble a team to develop a database framework to consistently report the assets City owned properties, structures, improvements and programmed facflmes HOK will work with key City personnel to create a "checklist" for the evaluation m order to provide consistent evaluation lnformatmn Facility database will be based on data - drawings and previous reports - prowded by City of Denton HOK will prepare a table summarizing data on all lease and rental agreements concerning buildings and land, according to information provided by the City (Optional) If the City requests this additional service, HOK can manage conversion of existing facility drawings into CAD Demand Condition - This task will begm with the City gathering and conveying to HOK the most recent information relevant to staffing and facility demand (growth forecasts, service area expansions, programmed facilities) HOK will review previous departmental master plan recommendations and other relevant previous stu&es which might inform the development of the new "macro program" A questionnaire will be prepared to gather additional data from departments, and intensive on-site lntervlews/worksesstons will be held with department heads in Week 3 In Weeks 3-4, HOK will prepare estimates of demand tn terms of staffing and order of magnitude facility needs over the planning timeframe (immediate l-3 years, mldterm 3-5 years, and long term 5-10 years ) · Planning Gmdellnes - HOK will test the findings from the data collection of the supply and demand teams against mdustry best practices, planning guidelines and standards, and currently available benchmark data to validate the information synthesized Supply/Demand Analysis and Synthesis - HOK will analyze and sytheslze the growth forecasts, facility needs and use understanding, comparison of supply and demand over time, and opportumtles for shared use based on the coordination of department master plans HOK will identify cntmal facility needs, 1 e "hot spots" Duration 7 Weeks HELLMUTH OBATA + KASSABAUM LP Key Dehverables Conditions Assessment Database · Macro Development Program Prereqmsttes · Development of Assessment Evaluation Checkhst/Structure · Growth Forecast Information · Preexisting Departmental Master Plans · Building Conditions Reports · Existing Drawings of City Facihties lA Urgent Action Issues Goal Address identified issues needing urgent early action, specifically regarding decisions on potential land acqmsltlon and lease terminations coming up in the early months before study findings are complete Key Activities The two key issues identified tn City briefings concern · Expansion of Service Center site ~ HOK will undertake focused early studies to guide the City's decision whether to option or purchase additional land adjacent to the Service Center · Downtown Sites - The team's studies in the downtown area will be aimed at determining if the City should contmue to lease C~ty Hall East space out, or if the City needs this space for its own expansion Duration 2 Weeks Key Dehverables · Recommendations on urgent land acquisition and lease decisions Prereqmsltes · Base reformation on downtown and Service Center sites IIA Service Delivery Principles Goal Identify service delivery trends and impact on facilities Set priorities to guide the development of macro scenarios Use a consistent and objective process to evaluate options leading to a recommended strategy and policy recommendations Key Activities HOK will lead/facthtate several workshops with C~ty personnel to set the direction, test and evaluate concepts leading to a recommendation of Service Delivery Principles The workshops will be focused activities within the overall project process and are highlighted below Top Down Direction - HOK will facilitate a workshop to understand the management vision, settmg parameters and criteria for evaluation, and solicitation of concepts regarding service dehvery, investment strategy, implementation strategy and cursory outline of amenities · "l~aero" Scenario Option Dev,lopment - Based on the direction from the "Top Down Direction" meeting, HOK will identify "macro" level scenarios based on various growth strategies to consider servlee dehvery concepts Topics which could be addressed include HE[LMUTH OBATA + KASSABAUM LP Proposal to THE CITY OF IDENTON for Facilities Mas{er Plen Forecasting Planning & Architectural Services Related Io ~or~orehensive Facilities Master Plan & Implementation (RFP # 2575) centrahzatlon/decentrahzatlon, public/private opportumt~es, shared use opportunities, and potentml concepts for satellite neighborhood centers Duration 3 5 Weeks Key Dehverables · Serwce Dehvery Concepts/Pnnmples Prereqms~tes · Approval of the Macro Level Program by Steering Committee and City Council, if required · Key Decision Makers from the City must be available and participate in the workshops in order to meet the timeframe outhned in the schedule III Master Plan Development Goal To provide geographic representation of servme overlays for estimated 2020 city limits Identification of facility priorities and estimated costs Determine feasibility of"Early Aqmsltlon" Program for public famhtles land Identification of shared use or public/private partnership opportumt~es Generate options at the Functional Massing, Site Concepts and specific Site/Building and evaluate leading to a Master Plan Recommendation Key Acttvmes HOK's previous experience with the City of Denton m preparing growth management scenarios offers valuable insight in this phase of the Facflmes Master Plan The level of intelligence HOK has acquired relevant to the City's population forecast, market position, composite opportunities, constrmnts map and growth scenarios provides value added expertise critical m the placement of services overlaid on potential development zones within the c~ty This effort is dlwded into two key phases vath separate evaluation and recommendations The Master Plan Option development is the first step followed by work at two scales Cltywlde Locatlonal Concepts/Principles, and representative prototyp~cal Site/Braiding Testing · Master Plan Option Development - The project team will vahdate the growth forecast developed m the "Macro Program" phase of this study to ensure accuracy of the development options Using the recommendations from the Servme Dehvery Pnnc~ples phase, HOK will develop physical responses to program criteria The following topics will be addressed in each master plan option - Serwce Dehvery Overlays - Land Acqmmtion Zones - Growth Models / Facility Response - Neighborhood Center / Land Use - Facility Utilization - Shared Used Opportunities - Cost Review / Cash Flow Citywide Loeational Concepts/Principles - HOK will test functional massing and site concept prmcaples in response to the master plan options developed in the previous step Top~cs which will be addressed ~nclude --which functions should be centrahzed vs d~spersed --which locations are best suited for which uses --what fatalities rmght be shared among funcaons --how might information technology open up different locat~onal opttons Due to the iterative process of option development and testing, th~s task should be conducted currently vath the s~te/bmldmg testing optaon development · S~te/Bnildlng Tests - HOK will test specific site and bmld~ng options in response to the "macro" scenarios developed in the previous step We anticipate that for the purpose of these site/building tests, special emphasis will be placed on certain activity clusters, such as the downtown and service center facilities, whmh account for the majority of space and key driving issues such as --what is the optimal use for available City facilities9 --what are the most cost-effective strategies to achieve best usage from existing land and bmldlngs9 --are there any instances where it would be better to rebuild than renovate/expand9 Topics which will be addressed ~nclude clustering of functions, floorplate/typmal floor s~zes, access/circulation patterns, open space amenmes, code analysis, technology connect~vity and infrastructure/braiding systems Evaluation - Based on the criteria developed during the "Top Down Direction" meeting, HOK vail rank and weight crttena whmh will be used to judge the options presented The results of the Master Plan Options evaluation will feed d~rectly into the development of functional massmg, site concepts and specific s~te/bmldmg options Recommendations - Using the criteria set during the evaluauon step, HOK will lead a worksesslon to compare options developed resulting in a recommended direction for servme delivery and site/budding concepts and pnnclples Duratton 8 weeks Key Dehverables · Master Plan Recommendation · S~te / Bmldmg Concepts and Prmclples Prereqmsttes · Approval of the Service Dehvery Principles by Steenng Committee and City Council, if reqmred · Vahdatlon of growth forecasts II-B Design/Maintenance Standards Goal Develop performance criteria and workplace gmdehnes to ensure smooth translation of programming reqmrements into architectural design Develop maintenance standards for all faclhttes m the current and forecasted growth Key Acttvtttes HOK will work with City personnel to develop guldehne statements regarding famhty and maintenance standards for adaptave reuse of existing famhtles and new construction · Faallitles Standards - HOK vall review City of Denton current pohcies, guidehnes and standards and modify lfreqmred based on the master plan recommendations and Denton HELLMUTH OBATA+KA~SABAUM LP Proposal to THE CiTY OF DENTON for Facilities Master Plan Forecasting Planning & Archdectural Servmes Related to Comprehensive Faclt~lies Master Plan & Implementation (RFP # 2575) Comprehensive Plan make policy recommendations for new construction and rehabilitation design standards Areas of consideration include - Site planning guidelines - Building criteria - Workplace guidelines · Telecommunications network · Maintenance Standards - HOK will review Caty of Denton current policies, guldehnes and standards and make policy recommendations based on the master plan recommendations HOK will recommend standards m order to determine O&M costs, including how to allow for future cost Inflation Areas of consideration ~nclude maintenance/operations standards, new construction guidelines and the incorporation of technology cormectlvlty and how it will ~mpact the faclhtles Duration 5 Weeks Key Dehverables Rewsion of existing standards (for areas of consideration as noted above) · Revised Facility Standards Pohcy Recommendations · Rewsed Maintenance Standards Policy Recommendations Prerequisites · Approval of the Service Dehvery Pnnc~ples by Steering Commattee and City Council, if required · Approval of the Master Plan options by Steering Committee IV Specific Recommendations 3-$ Year Plan Goal To create a development strategy to optimize the use of existing facilities, ~ncludlng adaptive reuse, generating a priority hst of improvements and associated order of magnxtude cost estimate Key Activities HOK will work with key City personnel to develop a short-term strategy to optimize use of existing facilities, ~ncludlng unimproved or unoccupied space · Optimization Strategy Development - Based on the prIormzed hst of facilities developed dunng the Master Plan Recommendation phase of this study, HOK will develop spemfic fa¢lhty recommendations for the short-term (3-5 year) plan for Public Safety, Field Services / Public Works, Parks & Recreation Facilities, Library Services, Administration Offices & Operations HELLMUTH OBATA + KAESABAUM LP Proposal to THE CITY OF DENTON for Facl~itlea Mastar Plan Forecasting Planning & Arch~[ectu~al Services Related ta Comprehensive Facilities Master Plan & Implementation (RFP # 2575) · Evaluation - Based on the criteria developed during the "Top Down Direction" meeting, HOK will rank and weight criteria which will be used to judge the options presented · Recommendations - Using the criteria set during the evaluation step, HOK will lead a worksesslon to compare options developed resulting m a recommended direction for servme delivery and site/building concepts and principles HOK will recommend cost estimating standards and guidelines for future land and bmldmgs Duration 6 Weeks Key Dehverables · Short-term Master Plan - Optimization Strategy Prerequisites · Approval of the Master Plan Recommendation by Steering Committee and City Council, if reqmred V Specific Recommendations .~-10 Year Plan Goal To create a priority list of long-term faclhty needs and develop appropriate capital funding strategies to achieve the desired results Key Activities HOK will work with key City personnel and our Real Estate Economist to develop a capital funding strategy for long-term facflmes needs for the City of Denton Capital Funding Strategy Development - Based on the prioritized list of facilities developed dunng the Master Plan Recommendation phase of this study, HOK will develop a capital funding strategy to provide faclhtms needs for the long-term (5- l 0 year) plan for Public Safety, Field Services / Public Works, Parks & Recreatmn Facilities, Library Services, Administration Offices & Operations HOK will collaborate with key City personnel, financial consultant and other appropriate H0K team members to develop strategies, evaluate to appropriateness leading to a recommendation Evaluation - Based on the criteria developed during the "Top Down D~rect[un" meeting, HOK will rank and weight criteria which will be used to judge the options presented · Recommendatmns - Using the criteria set during the evaluation step, HOK will lead a worksesslon to compare options developed resulting in a recommended direction for servme dehvery and s~te/bmldmg concepts and principles HOK will recommend cost estimating standards and guidelines for future land and buildings Duration 6 Weeks Key Dehverables · Long-term Master Plan - Capital Funding Strategy HELLMUTH OBATA + KASSABAUM LP Proposa~ te THE CITY OF DENTON for Facilities Master Ran Forecasting Planrllng & Architectural Services Rela~ed to'Comprehensive Facilities Master Plan & Implementation (RFP # 2575) Prereqmsttes · Approval of the Specific Facilities Recommendations 3-5 Year Plan by Steering Committee and City Council, if required IV-V MP Implementation/Phasing Goal To create a schedule outlunng activities to achieve the results outlined in the Specific Maste~ Plan Recommendations considenng a phased approach taking into account logistics and the cntncal path To develop an electronic tool that the City of Denton will utilize to monitor and track ~ctlmtms to achieve the desired results Key,,tctw~t~es HOK will work with key City personnel to develop an implementation schedule to achieve the Comprehenswe Master Plan strategies · $chednle and Phasing Strategy Development - Based on the priority list generated during the Short-term Specific Facilities Recommendation phase of this study, HOK will develop an electronic tool that the City of Denton can take ownership of and update periodically Key elements of this strategy include Logistics required in adaptive reuse and new construction, Cntmal Path for development and approval, Schedule that is dynamic and can be easily updated, Lmuted multiple moves for groups wherever possible Duration 6 Weeks Key Dehverables * Implementation Strategy Prereqmmtes * Approval of the Specific Facilities Recommendations 3-5 Year Plan by Steenng Committee and City Council, if reqmred · Approval of the Specific Facilities Recommendations 5-10 Year Plan by Steering Committee and City Council, ~f reqmred Deliverables HOK will provide the appropriate level of documentation required for each phase of the project A general description of key dehvembles is ~ncluded with the tasks above HOK will provide documentation of progress at End of Phase, City Council Reviews and Final Report in the following quantities and formats Quantity Format HELLMUTH OBATA + KASSABAUM LP Proposal to THE CITY OF DENTON for' Facilities Master Plan Forecasting Planning & Architectural Services Related ~o Comprehensive Facilities Master Plan & Implementation (RFP # 2575) End of Phase 1 Black & White Original, (1 lx17 max ) 1 Electronic copy - MS Office, with graphics in pdf, jpg or GIS as required City Council Review 1 Black & White Original, (1 lx17 max ) 1 Electronic copy - MS Office, with graphics in pdf, jpg or GIS as required 24"x36" board for color graphics Final Report 1 Print-ready reproducible original, (1 lx17 max w~th color) 1 Electronic copy - MS Office, with graphics in pdf, jpg or GIS as required Milestone / City Council Approval Meetings We have included in our workplan nulestone meetings w~th ~nput and decision-making groups at the conclusion of each major stage of work (Week 14, 25, 34 and 42 as noted on workplan) Due to the nature of public work, we are aware that approval from City Council is imperative to the success in funding the masterplan strategies We have indicated ~n our schedule two appropriate points for this approval (at study midpoint and completion) HELLMUTH OBATA + KA$SABAUM LP Team Leadership Pamela Owen Adams Pr~nmpal-In-Charge Vme Premdent Master of C~ty and Regmnal Plannnmg ~n Urban Design, Harvard Umvers~ty, 1980 Bachelor of Smence m Architecture, (Magna Cum Lauda) Umvers~ty of Texas, 1975 Architect, Cahfom~a C 14717 Gordon K Gdmore, AIA Project Manager/Semor Designer Vine President Bachelor of Architecture, Umvers~ty of Texas at Austin, 1973 Architect, Texas 6537 Jennifer S Hennkson, AIA Lead Programmer Semor Associate Master of Architecture, Umvers~ty of Houston, 1999 Bachelor of Arch~tecturer, Umvers~ty of Texas at Arhngton, 1989 Architect, Texas NCARB HELLMUTH OBATA + KASSABAUM LP Proposal to THE CITY OF DENTON for Facilities Master Plan Forecasting Planning & Architectural Services Related to Comprehensive Facilities Master Plan & Implementebon (RFP # 2575) Exhibit C Fees by Phase HOK Consultants Direct Costs Total/Phase Project Imttataon $17,960 $2,382 $20,342 Phase I Con&tlonAssessmenl/Macro Program $55,010 $9,200 $4,086 $68,296 Phase IA Urgent Actaon Issues $22,860 $3,000 $2,639 $28,499 Phase IIA Service Delivery Principles $27,450 $1,373 $28,823 Phase IIB Design/Maintenance Standards $16,200 $1,866 $18,066 Phase III Master Development Plan $56,430 $19,800 $3,841 $80,071 Phase IV 3-5 Year Plan $53,640 $6,000 $3,832 $63,472 Phase V 5-10 Year Plan $23,790 $4,500 $1,907 $30,197 Phase IV&V Implementat~on/Phasarg $21,660 $2,107 $23,767 Total $295,000 $42,500 $24,033 $361,533 Personnel Hourly Rate Principal $ 175 00 Prolect Manager $ 150 00 Semor Architectural Designer $ 15000 Lead Programmer $ 125 00 Architect $ 100 00 Staff $ 85 00 HELLMUTH OBATA + KASSABAUM LP ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH HELLMUTH, OBATA & KASSABAUM, LP FOR ENGiNEERING, ARCHITECTURAL AND PLANNING SERVICES PERTAINING TO MASTER PLANNING FOR CITY FACILITIES, AUTHORIZiNG THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council deems it m the public interest to engage the firm of Hellmuth, Obata & Kassabaum, LP ("HOK'), to provide professional engineering, architectural and planning services to the City pertmnmg to master planning for City facilities, and WHEREAS, the City staff has reported to the City Council that there is a substantial need for the above-described professmnal services, and that limited City staff cannot adequately perform the services and tasks with ~ts 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 prowder of professional services on the basis of competitive b~ds, but must select the provider on the bas~s of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price, and WHEREAS, the City Council finds that HOK ~s the most h~ghly qualified provider of the proposed professmnal engmeenng, architectural and planning services, and WHEREAS, the C~ty Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the professmnal services, as set forth in the Professional Services Agreement, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAiNS SECTION 1 The C~ty Manager or his designee is hereby authorized to execute a Professional Services Agreement with HOK, for professional englneenng, architectural and planning services to the C~ty pertalmng to master planning for City factht~es, m substantially the form of the Professional Services Agreement attached hereto and incorporated herewith by reference SECTION 2 The award of th~s Agreement by the City is on the basis of the demonstrated competence, knowledge, and qualifications of HOK and the ability of HOK to perform the professmnal servmes needed by the City for a fair and reasonable price, and HOK has demonstrated that it is the most h~ghly qualified provider of the proposed professional engmeenng, architectural and planning services SECTION 3 The expen&ture of funds as provided in the attached Professional Services Agreemerit IS hereby authorized SECTION 4 Th~s ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED th~s the day of _, 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By Page 2 C \WINDOWS\TEMP~HOK Facilities Management Ord doe PROFESSIONAL SERVICES AGREEMENT FOR STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT ts made and entered into as of the day of ,20__, by and between the City of Denton, Texas, a Texas mumclpal corporanon, wtth ~ts pnnmpal office at 215 East McKanney Street, Denton, Denton County, Texas 76201, hereinafter called "OWNER" and _Hellmuth, Obata +_Kassabaum, LP, wtth tts corporate office at _2001 Ross Ave, State 2800, Dallas, Texas 75201__, hereinafter called "CONSULTANT," acting hereto, by and through thetr duly authorized representattves WITNESSETH, that m cons~deratlon of the covenants and agreements hereto contained, the parttes hereto do mutually agree as follows ARTICLE I EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with the CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services herein m connection with the ProJect as stated tn the secttons to follow, with ddlgence and in accordance with the high professtonal standards of nattonally recogmzed firms customarily obtamed for such servmes tn the State of Texas The professtonal servmes set out heretn are in connection with the followtng described project The ProJect shall mclude, without hmttatton, (herein describe project) ARTICLE II SCOPE OF SERVICES The CONSULTANT shall perform the following services ~n a professional manner A The CONSULTANT shall perform all those services as necessary and as described in the OWNER's RFP #2575, C~ty of Denton Request for Proposal for Master Plan Forecasttng, Planmng and Archttectural Servtces Related to Comprehensive Facdtt~es Master Plan and Implementation, dated September 25, 2000 (describe any request for proposal whmh the OWNER has utdtzed to sohmt the CONSULTANT's servmes), which is attached hereto and made a part hereof as Exhtbtt "A" as if written word for word herein B To perform all those services set forth in CONSULTANT's __Proposal for City of Denton Facfltttes Master Plan, dated February 9, 2001__ (describe any proposal of CONSULTANT whmh has been provided including the date of sard proposal), which proposal ~s attached hereto and made a part hereof as Exhibit "B" as ~f written word for word hemm C CONSULTANT shall perform all those servtces set forth ~n ~nd~wdual task orders whmh shall be attached to this Agreement and made a part hereof for all purposes as separate agreements (If CONSULTANT ~s a professmnal engineer and you w~sh to hst specific services of the CONSULTANT, please hst all specific englneenng services to be provided, including the preparation of detailed plans and specfficatmns ) D If them ~s any conflict between the terms of this Agreement and the exhibits attached to this Agreement, the terms and conditions of th~s Agreement will control over the terms and conditions of the attached exhibits or task orders ARTICLE III ADDITIONAL SERVICES (To be used ~s CONSULTANT ~s an engineer ) Additional servmes to be performed by the CONSULTANT, if authorized by the OWNER, which are not included m the above- described Basra Services, are described as follows A Dunng the course of the ProJect, as requested by OWNER, the CONSULTANT will be available to accompany OWNER's personnel when meeting w~th the Texas Natural Resource Conservation Commission, U S Envtronmental Protection Agency, or other regulatory agencies The CONSULTANT will assist OWNER's personnel on an as~ needed bas~s m prepanng compliance schedules, progress reports, and promd~ng general teehmcal support for the OWNER's comphance efforts B Assisting OWNER or contractor ~n the defense or prosecution of htlgatlon in connection w~th or in addition to those services contemplated by this Agreement Such services, ~f any, shall be famished by CONSULTANT on a fee basra negotiated by the respective parties outside of and m addition to th~s Agreement C Sampling, testing, or analys~s beyond that spemfically included in Basra Services D Creating computer reded drafting (CAD) electromc drawings of ex~stmg facilities, their s~tes and site ~mprovements and s~tes proposed for future c~ty facilities for the OWNER's use m a future CAD system E Preparing applications and supporting documents for government grants, loans, or planmng advances and providing data for detmled apphcatlons F Appeanng before regulatory agenmes or courts as an expert witness ~n any ht~gat~on with third parties or condemnation proceedings arising from the development or construction of the ProJect, including the preparation of englneenng data and reports for assistance to the OWNER Page 2 C \WINDOWS\TEMP~PROFESSIONAL SERVICES AGREEMENT doc G Prowd~ng geotechnlcal ~nvestlgat~ons for the s~te, tnclud~ng soil bonngs, related analyses, and recommendations H F~eld measurements and detailed on-s~te lnvestlganons to verify and document ex~stang conditions of facilities, their s~tes and site ~mprovements, and s~tes proposed for future c~ty facilities, as part of tins study I Eng~neenng servmes necessary to ~nvest~gate and document exmtmg conditions of facilities, their s~tes and s~te ~mprovements, and s~tes proposed for future c~ty fac~ht~es, as part of tins study, or to make recommendations, ~nclud~ng but not hm~ted to Mechanical, Electrical, Plumbing, F~re Protection, Roofing, Waterproofing, Structural and Surveying ARTICLE IV PERIOD OF SERVICE Th~s Agreement shall become effective upon executmn of th~s Agreement by the OWNER and the CONSULTANT and upon tssue of a notice to proceed by the OWNER, and shall remain in force for the penod whmh may reasonably be required for the completion of the ProJect, mcluchng Addat~onal Servmes, ~f any, and any reqmred extensions approved by the OWNER Th~s Agreement may be sooner termmated ~n accordance w~th the prows~ons hereof T~me ~s of the essence m th~s Agreement, but the t~me for performance shall be extended for delays caused by events outside the CONSULTANT'S reasonable control The CONSULTANT shall make all reasonable efforts to complete the servmes set forth here~n as expeditiously as possible and to meet the schedule estabhshed by the OWNER, acting through ~ts City Manager or h~s designee ARTICLE V COMPENSATION A COMPENSATION TERMS 1 "Subcontract Expense" ~s defined as expenses ~ncurred by the CONSULTANT ~n employment of others m outside firms for servmes ~n the nature of _c~wl engmeenng and cost estimating_ 2 "D~rect Non-Labor Expense" ~s defined as that expense for any assignment ~ncurred by the CONSULTANT for supphes, transportation and eqmpment, travel, commumcat~ons, subsistence, and lodging away from home, and s~m~lar incidental expenses in connection w~th that assignment B BILLING AND PAYMENT For and ~n consideration of the professional services to be performed by the CONSULTANT here~n, the OWNER agrees to pay, based on the cost estlmate detml at an hourly rate shown m Exhibit "C" winch ~s attached hereto and made Page 3 C \WINDOWS\TEMP~PROFESSIONAL SERVICES AGREEMENT doc a part of this Agreement as if written word for word herein, a total fee, including reimbursement for direct non-labor expenses not to exceed __$361,533__ Partial payments to the CONSULTANT will be made on the basis of detailed monthly statements rendered to and approved by the OWNER through its City Manager or his designee, however, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered The OWNER may withhold the final five percent (5%) of the contract amount until completion of the ProJect Nothing contained in this Article shall require the OWNER to pay for any work not submitted in compliance with the terms of this Agreement The OWNER shall not be reqmred to make any payments to the CONSULTANT when the CONSULTANT is m default under this Agreement It is specifically understood and agreed that the CONSULTANT shall not be anthonzed to undertake any work pursuant to this Agreement which would require additional payments by the OWNER for any charge, expense, or reimbursement above the maximum not to exceed fee as stated, without first having obtained written authorization from the OWNER The CONSULTANT shall not proceed to perform the services listed in Article III "Additional Services," without obtaining prior written authorization from the OWNER C ADDITIONAL SERVICES For additional services authonzed in writing by the OW~IER in Article III, the CONSULTANT shall be paid based on the Schedule of Charges at an hourly rate shown in Exhibit "C" Payments for additional services shall be due and payable upon submission by the CONSULTANT, and shall be in accordance with subsection B hereof Statements shall not be submitted more frequently than monthly D PAYMENT If the OWNER fails to make payments due the CONSULTANT for services and expenses within sixty (60) days after receipt of the CONSULTANT's undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (1%) per month from the said sixtieth (60th) day, and, in addition, the CONSULTANT may, after giving seven (7) days' written notice to the OWNER, suspend services under this Agreement until the CONSULTANT has been prod in full all amounts due for services, expenses, and charges, prowded, however, nothing herein shall require the OWNER to pay the late charge of one percent (1%) set forth herein ff the OWNER reasonably determines that the work IS unsatisfactory, m accordance with this Article V, "Compensation" ARTICLE VI OBSERVATION AND REVIEW OF TIlE WORK Page 4 C \WINDOWS\TEMP~PROFESSIONAL SERVICES AGREEMENT doe The CONSULTANT wall exercise reasonable care and due ddlgence in dlscovenng and promptly reporting to the OWNER any defects or defic~enmes in the work of the CONSULTANT or any subcontractors or subconsultants ARTICLE VII OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the CONSULTANT (and CONSULTANT's subcontractors or subeonsultants) pursuant to this Agreement are instruments of service, and shall become the property of the OWNER upon completion of the work under this Agreement, or upon termination of this Agreement The CONSULTANT is entitled to retain copies of all such documents The documents prepared and furnished by the CONSULTANT are Intended only to be applicable to this ProJect, and OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense In the event the OWNER uses any of the information or materials developed pursuant to this Agreement m another project or for other purposes than specffied herein, CONSULTANT is released from any and all liability relating to their use in that project ARTICLE VIII INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER CONSULTANT shall not have or claim any right arising from employee status ARTICLE IX INDEMNITY AGREEMENT The CONSULTANT shall indemnify and save and hold harmless the OWNER and its officers, agents, and employees from and against any and all hablhty, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the o~rNER, and ~ncludmg, w~thout hmaat~on, damages for bodily and personal injury, death and property damage, resulting from the neghgent acts or omissions of the CONSULTANT or ~ts officers, shareholders, agents, or employees ~n the execution, operation, or performance of thru Agreement Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the part~es' defenses, both at law or eqmty, to any claam, cause of action, or lmgatlon filed by anyone not a party to this Agreement, including the defense of governmental ~mmumty, which defenses are hereby expressly reserved ARTICLE X INSURANCE Page 5 C \WlNDOWS\TEMP~PROFESSIONAL SERVICES AGREEMENT doc Dunng the performance of the services under this Agreement, CONSULTANT shall mmntmn the following insurance with an insurance company hcensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating w~th Best Rate Carrlers of at least an A- or above A Comprehensive General Llablhty Insurance with bodily ~njury hm~ts of not less than $500,000 for each occurrence and not less than $500,000 ~n the aggregate, and w~th property damage limits of not less than $100,000 for each occurrence and not less than $1:00,000 m the aggregate B Automobde Lmbthty Insurance w~th bodily injury hm~ts of not less than $500,000 for each person and not less than $500,000 for each accident, and with property damage hmlts of not less than $100,000 for each accident C Worker's Compensation Insurance ~n accordance with statutory reqmrements, and Employers' Lmbfllty Insurance w~th hm~ts of not less than $100,000 for each accident D Professional Liability Insurance w~th hm~ts of not less than $1,000,000 annual aggregate E The CONSULTANT shall furnish insurance certfficates or ~nsurance pohmes at the OWNER's request to evidence such coverages The insurance pohmes shall name the OWNER as an addmonal insured on all such pohcles, except professional liability policies, and shall contmn a provision that such insurance shall not be canceled or mgdffied without thirty (30) days' prior written notme to OWNER and CONSULTANT Inl such event, the CONSULTANT shall, prior to the effective date of the change or cancellation, serve substitute pohc~es furmsh~ng the same coverage ARTICLE XI ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any d~sputes under this Agreement by submitting the dispute to arbitration or other means of alternate &spute resolution, such as me&at,on No arb~tratlor~ or alternate dispute resolution arising out of or relating to thru Agreement, revolving one party's &sagreement, may include the other party to the &sagreement w~thout the other's approval ARTICLE XII TERMINATION OF AGREEMENT A Notwithstanding any other promslon of th~s Agreement, either party may terminate by g~¥1ng thirty (30) days' advance written notice to the other party B This Agreement may be terminated ~n whole or ~n part ~n the event of e~ther party substantmlly fmlmg to fulfill ~ts obligations under th~s Agreement No such termination will be affected unless the other party ~s g~ven (1) written notme (dehvered by certffied Page 6 C \WINDOWS\TEMP~PROFESSIONAL SERVICES AGREEMENT doc mall, return receipt requested) of intent to terminate and setting forth the reasons specifying the non-performance, and not less than thirty (30) calendar days to cure the failure, and (2) an opportunity for consultation with the terminating party pnor to termmatlon C If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services and shall render a final bill for services to the OWNER w~thm thirty (30) days after the date of termination The OWNER shall pay CONSULTANT for all services properly rendered and for reimbursable expenses to termination incurred prior to the date of termination, in accordance with Article V "Compensation" Should the OWNER subsequently contract with a new consultant for the continuation of services on the ProJect, CONSULTANT shall cooperate in providing reformation The CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination, but may malntmn copies of such documents for its use ARTICLE XIII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the OWNER shall not constitute, nor be deemed a release of the responsibility and liability of the CONSULTANT, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work, nor shall such approval be deemed to be an assumption of such responsibthty by the OWNER for any defect in the design or other work prepared by the CONSULTANT, its employees, subcontractors, agents, and consultants ARTICLE XIV NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mmled to the respective parties by depositing same in the United States mml to the address shown below, certified mml, retum receipt requested, unless otherwise specified herein Mailed notices shall be deemed communicated as of three (3) days after mmhng To CONSULTANT To OWNER Hellmuth, Obata + Kassabaum, LP C~ty of Denton Gordon Gilmore, Vice President (Name and Title) 2001 Ross Ave, Suite 2800 215 East McKlnney Dallas, Texas 75201 Denton, Texas 76201 All notmes shall be deemed effective upon receipt by the party to whom such notice is g~ven, or within three (3) days after maahng Page 7 C \WINDOW$\TEMP~PROFESS1ONAL SERVICES AGREEMENT doc ARTICLE XV ENTIRE AGREEMENT Th~s Agreement, consisting of pages and exinints, constitutes the complete and final expression of the agreement of the part,es, and is ~ntended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior or contemporaneous offers, pronnses, representations, negotiations, d~scuss~ons, communications, and agreements winch may have been made m connection with the subject matter hereof ARTICLE XVI SEVERABILITY If any prows~on of thru Agreement ~s found or deemed by a court of competent jurisdiction to be mvahd or unenforceable, ~t shall be considered severable from the remmnder of tlus Agreement and shall not cause the remainder to be ~nvahd or unenforceable In such event, the part, es shall reform tins Agreement to replace such stricken provision w~th a valid and enforceable prows~on which comes as close as possible to expressing the ~ntent~on of the stricken provlsaon, ARTICLE XVII COMPLIANCE WITH LAWS The CONSULTANT shall comply w~th all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended ARTICLE XVIII DISCRIMINATION PROHIBITED In performing the servmes reqmred hereunder, the CONSULTANT shall not discriminate agmnst any person on the bas~s of race, color, rehg~on, sex, national ong~n or ancestry, age, or physmal handicap ARTICLE XIX PERSONNEL A The CONSULTANT represents that ~t has or wall secure, at ~ts own expense, all personnel reqmred to perform all the services reqmred under th~s Agreement Such personnel shall not be employees or officers of, or have any contractual relations w~th the OWNER CONSULTANT shall ~nform the OWNER of any conflmt of interest or potentml conflict of ~nterest that may arise dunng the term of thru Agreement Page 8 C \WINDOW$\TEMP~PROFESSIONAL SERVICES AGREEMENT doc B All services required hereunder will be performed by the CONSULTANT or under its supervision All personnel engaged in work shall be qualified, and shall be authorized and permitted under state and local laws to perform such services ARTICLE XX ASSIGNABILITY The CONSULTANT shall not assign any interest in this Agreement, and shall not transfer any ~nterest in this Agreement (whether by assignment, novation, or otherwise) w~thout the prior written consent of the OWNER ARTICLE XXI MODIFICATION No waiver or modlficat~on of this Agreement or of any covenant, condition, or hmltatlon herein contained shall be vahd unless m writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modfficat~on shall be offered or received in evidence ~n any proceeding arising between the part~es hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modfficatmn is in writing and duly executed, and the part,es further agree that the provisions of this section will not be waived unless as set forth herein ARTICLE XXII MISCELLANEOUS A The following exhibits are attached to and made a part of this Agreement (list exhibits) B CONSULTANT agrees that OWNER shall, until the exp~ratmn of three (3) years after the final payment under tlus Agreement, have access to and the right to examine any d~rectly pertinent books, documents, papers, and records of the CONSULTANT mvolmng transactions relating to this Agreement CONSULTANT agrees that OWNER shall have access dunng normal working hours to all necessary CONSULTANT famhtles and shall be provided adequate and appropriate working space in order to conduct audits m compliance w~th this section OWNER shall give CONSULTANT reasonable advance notice of intended audits C Venue of any suit or cause of actmn under th~s Agreement shall he exclusively m Denton County, Texas This Agreement shall be construed in accordance with the laws of the State of Texas Page 9 C \WINDOWS\TEMP~PROFESSIONAL SERVICES AGREEMENT doc D For the purpose of this Agreement, the key persons who will perform most of the work hereunder shall be Pamela Owen Adams, Jenmfer Hennkson, and Gordon Gilmore_ However, nothing here~n shall hm~t CONSULTANT from using other quahfied and competent members of its firm to perform the services required herein E CONSULTANT shall commence, carry on, and complete any and all projects with all applicable dispatch, m a sound, economical, and effiment manner and ~n accordance w~th the prows~uns hereof In accomphshlng the projects, CONSULTANT shall take such steps as are appropriate so that the work revolved is properly coordinated w~th related work being canned on by the OWNER F The OWNER shall assist the CONSULTANT by plamng at the CONSULTANT's disposal all available reformation pertinent to the Project, including prewous reports, any other data relative to the ProJect, and arranging for the access thereto, and make all provisions for the CONSULTANT to enter m or upon pubhc and private property as required for the CONSULTANT to perform services under this Agreement G The captions ofth~s Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement IN WITNESS HEREOF, the City of Denton, Texas has caused th~s Agreement to be executed by its duly authonzed C~ty Manager, and CONSULTANT has executed th~s Agreement through ~ts duly authorized undersigned officer on th~s the day of ., 2O 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 Page 10 C \WINDOWS\TEMP~PROFESSIONAL SERVICES AGREEMENT doe CONSULTANT WITNESS BY Page 11 C \WINDOWS\TEMP~PROFESSIONAL SERVICES AGREEMENT doc AGENDA INFORMATION SHEET AGENDA DATE: February 20, 2001 Questions concermng th~s acqmsmon may be d~rected DEPARiMENT: Materials Management to Anna Mosqueda 349-8127 ACM. Kathy DuBose, F~scal and Mumc~pal Services SUB,JECT: An Ordinance of the City of Denton, Texas authonmng the City Manager to execute a Professmnal Services Agreement with Delmtte and Touche LLP for Governmental Accounting Standards Board Statement No 34 (GASB 34 Implementation), authorizing the expenditure of funds therefore, and prowd~ng an effectave date (PO 12575 - Deloitte & Touche LLP m the amount of $39,400) PROFESSIONAL SERVICES AGREEMENT INFORMATION: Th~s Professional Services Agreement is for assistance in implementation of the Governmental Accounting Standards Board Statement No 34 (GASB 34) The Professional Services Procurement Act, Chapter 2254 of the .Government Code reqmms the selection of a Professional Services Provider be determined on the bas~s of demonstrated competence and quahflcat~ons to perform the services at a fmr and reasonable price Delmtte and Touche LLP was chosen to perform these financial serwces based upon successful completion of several external audits of the City of Denton Flnanclals and based upon their status as our external independent aurhtors currently under contract to the C~ty of Denton Delmtte and Touche LLP will perform the following financial services under th~s agreement · Implementation of GASB 34 The pricing for this proposal is based upon sirmlar fees deternuned dunng the external auchtor selecUon process RECOM~IENDATION: We recommend Professional Services Agreement 2650 and Purchase Order 12575 to Delmtte and Touche LLP be approved in the amount of $35,400 for Professional Services and an amount not to exceed $4,000 for related expenses PRINCIPAL PLACE OF BUSINESS: Deloitte and Touche LLP Dallas, TX Agenda Information Sheet February 20, 2001 Page 2 ESTIMATED SCHEDULE OF PROJECT This project is scheduled for completion in August of 2001 FISCAL INFORMATION: Funding for this Professional Services Agreement 2650 ~s avmlable from 2000-2001 budget account (100-041-020M-8535) Respectfully subrmtted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Purchase Order 12575 to Deloitte and Touche LLP 1512 Agenda ATTACHMENT ,~ 0 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH DELOITTE AND TOUCHE LLP FOR GOVERNMENTAL ACCOUNTING STANDARDS BOARD STATEMENT NO 34 (GASB 34 IMPLEMENTATION), AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (PO 12575 (PSA 2650) - DELOITTE & TOUCHE LLP IN THE AMOUNT OF $39,400) WHEREAS, The professional services provider (the "Provtder) mentioned ~n thru orchnance is being selected as the most highly qualified on the basis of its demonstrated competence and quahhcatlons to perform the proposed professional services, and WHEREAS, The fees under the proposed contract are fmr and reasonable and are consistent with and not Ngher than the recommended practices and fees published by the professional assocmtlons apphcable to the Prov;der's profession and such fees do not exceed the maximum provided by law, NOW, THEREFORE, THE COUNC1L OF THE CITY OF DENTON HEREBY ORDAINS SECTION I The City Manager m hereby authorized to enter ~nto a professional serwce contract with the Provider, Deloitte and Touche LLP ~s to prowde Assistance in Implementation of the Governmental Accounting Standards Board Statement No 34 (GASB 34), a copy of which is attached hereto and incorporated by reference hereto SECTION II The City Manager ~s authorized to expend funds as required by the attached contract SECTION m The findings in the preamble of this ordinance am incorporated herein by reference SECTION IV This ordinance shall become effective immediately upon ~ts passage and approval PASSED AND APPROVED tNs the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY PO 12575 (PSA 2650) - PROFESSIONAL SERVICES FOR DELOITTE AND TOUCHE LLP ORDINANCE - 2001 PROFESSIONAL SERVICES AGREEMENT FOR ACCOUNTING SERVICES STATE OF TEXAS § COUNTY OF DENTON § THIS AGRI~,EMENT is made and entered into as of the day of , 2001, by and between the City of Denton, a Texas Mumc~pal Corporauon, w~th its pnnclpal office at 215 E McI4hnney Street, Denton, Denton County, Texas 76201 (hereinafter referred to as "CITY") and Deloitte & Touche I.I.P, a L~rmted L~abfl~ty Partnership, with an office at 2200 Ross Avenue, State 1600, Dallas, Texas, 75201 (hereinafter referred to as "D & T") acting hem~n, by and through their duly authorized representatives WHEREAS, CITY desires to engage D & T to prowde serwces as hem~n defined, and WHEREAS, D & T is wflhng to prowde such services to CITY, NOW THEREFORE, m consideration of the prormses and mutual undertalongs herein contmned, the pames agree as follows ARTICLE 1 ENGAGEMENT OF D & T The CITY hereby contracts w~th D & T, as an independent contractor, and D & T hereby agrees to perform the services hemm m connection w~th the engagement as stated ~n the Articles to follow, with chhgence and ~n accordance w~th the h~ghest professtonal standards customarily obtmned for such services m the State of Texas The services to be performed by D & T are described ~n Amcle 2 below ARTICLE 2 SCOPE OF SERVICES D & T shall perform the following services GASB 34 PAGE 1 A D & T will provide services to assist the (C1TY) in its implementing the requirements of Governmental Accounting Standards Board (GASB) Statement No 34, "Basic Financial Statements - and Management's Discussion and Analysis - for State and Local Governments" ("GASB 34") and convemng the September 30, 2000 general purpose financial statements to the form stipulated in GASB Statement No 34 B D & T shall perform all those services set forth in D & T'S letter of engagement which proposal is attached hereto and made a part hereof as Exhibit "A" as if written word for word herein C D & T shall perform all those services set forth in accordance with the standards for consulting services of The American Institute of Certified Public Accountants ARTICLE 3 COMPLETION OF SERVICES This Agreement for services, as specified herein, shall tenmnate on the completson of D & T's services as described in Exhibit "A" ARTICLE 4 RESPONSIBILITIES OF CITY CITY understands that the proper and timely completion of D & T's services hereunder require the reasonable cooperation of CITY 0ncluchng, without hnmatlon, its agencies, and their respective officers, d~rectors, employees, other personnel and agents) CITY agrees to provide all such reasonable cooperatson requested by D & T, mcluchng, without limitation, the following A Access to, and/or copies of, CITY's books and records, B Access to CITY personnel, C Office space and access to support services such as copying and telephone, D Accuracy and completeness of data and completeness of information provided D & T for purposes of performance of its services hereunder GASB 34 PAGE 2 ARTICLE 5 COMPENSATION A C1TY shall pay D & T's professional fees for the performance of the serwces as described m Exhibit "A'hn the amount of $ 35,400 plus expenses not to exceed $4,000 B CITY and D & T recogmze that the scope of services and compensation under this Agreement are prechcated upon (0 expectations of reasonable cooperation w~th D & T by CITY pursuant to ttus Agreement, and (n) the absence of any ~rregulantaes or c~rcumstances which nught necessitate the extension of services beyond the normal scope C Should 0) ~rregulantles, 00 the absence of such reasonable cooperation, (m) increase in level of services reqmred under apphcable laws, regulations, or professional standards, (iv) other unforeseen conchttons be encountered which nught necessitate the extension of services as stated in Exhibit "A", D & T agrees to advise CITY promptly in writing of the circumstances and to request an equitable adjustment before significant adrht~onal time is ~ncurred by D & T Any such requests for adjustments shall be m writing and shall contmn an explanation of why the adjustments are necessary D CITY and D & T agree to negotmte m good froth to determine an equitable adjustment Should CITY and D & T be unable to agree upon an eqmtable adjustment within fourteen (14) days of D & T's written request, or such other time period as agreed upon in writing by CITY and D & T, e~ther party may, notw~thstanchng any other provision in this Agreement, terminate this Agreement upon thirty (30) days written not~ce to the other party CITY shall be hable for t~me charges and expenses actually ~ncurred by D & T except for any such additional time and expense which has been ~ncurred as a result of the c~rcumstances necessitating the adjustment ARTICLE 6 BILLING AND PAYMENT A D & T shall subrmt penochc detmled ~termzed ~nvmces for t~me charges and expenses incurred as the services hereunder are performed Such ~nvo~ces are payable upon presentataon CITY will be m material breach of this Agreement if CITY's account becomes ninety (90) days or more overdue D & T may, at its sole optmn and w~thout wmver of any rights pursuant to the tertmnat~on prowslon in this Agreement or otherwise, suspend ~ts GASB 34 PAGE 3 servlces and resume them upon receipt from CITY of the full amount due D & T which has been subrmtted by ~nvolce to CITY B Partlal payments to D & T will be made on the bas~s of detmled ~tenuzed statements rendered to aftd approved by the CITY through its C~ty Manager or hts designees, however, under no ctmumstances shall any statement for servmes exceed the value of the work performed by D & T at the t~me a statement is rendered C Nothing contmned ~n th~s Article shall require the CITY to pay for any work which ~s not subrmtted ~n comphance with the terms of this Agreement CITY shall not be reqmred to make any payments to D & T when D & T is ~n material default under th~s contract for more than 30 days after receipt of written notice of such default from CITY D It is specifically understood and agreed that D & T shall not be authorized to undertake any work pursuant to this Agreement which would reqmre addmonal payments by the CITY for any charge, expense or reimbursement above the mammum not to exceed fee as stated w~thout first having obtmned written authorization from the CITY ARTICLE 7 OWNERSHIP OF WORKPRODUCT, DOCUMENTS, AND PROPERTY A The ownership of work product, document and property, for purpose of th~s agreement defined m Exhth~t "A" B Except as prowded ~n Article 7 A above, upon full and final payment of all undisputed amounts owed D & T hereunder, the tangible ~tems specified as dehverables or work product ~n Exhibit "A" shall become property of CITY upon tern~natlon of this agreement To the extent that any D & T technology is contmned ~n any of the deliverables, D & T hereby grants the ,client a royalty-free, fully ptud-up worldwide, non-exclusive hcense to use such D & T technology m connection w~th the dehverables D & T is entitled to retmn cop~es of dehverables and work product o^sB 34 PAGE 4 ARTICLE 8 INDEPENDENT CONTRACTOR D & T shall prowde services to CITY as an ~ndependent contractor, not as an employee of the CITY D & T shall not have or clam any right arising from employee status ARTICLE 9 INDEMNITY PROVISION D & T shall indemnify and save and hold harmless the CITY and ~ts officers, agents, and employees from and aganst any and all habfllty, claims, demands, damages, losses, and expenses, mclud~ng, but not hrmted to court costs and reasonable attorney fees recurred by the CITY, and lncluchng, w~thout hm~tatlon, damages for bodily and personal injury, death and property damage, resulting from the neghgent acts or omiss~ons of D&T or 1ts officers, shareholders, agents, or employees in the execution, operation, or performance of th~s Agreement As a cond~uon to the foregomg indemnity obhgat~on, CITY shall prowde D & T w~th prompt nouce of any clatm for which indemnification shall be sought hereunder and shall cooperate in all reasonable respects with D & T ~n connection with any such clam D & T shall be entitled to control the handling of any such clam, with full thsclosure of any and all clams, and actions taken thereunder, to the CITY, and D & T shall be entitled to defend or settle any such clam, in ~ts sole dlscret~on, with counsel of its own choosing Nothing in this Agreement shall be construed to create a hab~hty to any person who ~s not a party to thls Agreement and nothing herein shall wave any of the party's defenses, both at law or equity, to any clam, cause of action or ht~gat~on filed by anyone not a party to this Agreement, ~ncludmg the defense of governmental ~mmumty, which defenses are hereby expressly reserved ARTICLE 10 INSURANCE Dunng the performance of the Serwces under th~s Agreement, D & T shall mantan, throughout the duration of this Agreement, the following insurance A Professional Lmbdlty Insurance w~th pohcy limits of not less than $1,000,000 annual aggregate, w~th respect to neghgent acts, errors, or omiss~ons ~n connection w~th the professional services performed by D & T pursuant to th~s Agreement OASB 34 PAGE 5 B D & T shall furnish insurance cemflcates or insurance policies at CITY's request to evidence such coverage The insurance pohcy shall contmn a provision that such policy shall not be cancelled or mo&fied without thirty (30) days prior written notice given by the Insurance carnet to CITY and D & T In the event of cancellation or non-renewal of such coverage, D & T shall, prior to the effective date of the non-renewal or cancellation, deliver to CITY a Cemficate of Insurance evidencing that a substitute pohcy furnishing the same coverage is in full force and effect ARTICLE 11 ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The pames may agree to settle any rhsputes under this Agreement by submitting the &spute to arbitration or other means of alternate daspute resoluuon such as merhatlon No arbitration or alternate d~spute resolutmn arising out of or relating to, th~s Agreement involving one party's disagreement may include the other party to the &sagreement without the other's approval ARTICLE 12 TERMINATION OF AGREEMENT A Notwlthstanchng any other provmon of this Agreement, either party may terrmnate by giving tinr~y (30) days advance written nonce to the other party B This Agreement may be tenmnated in whole or in part in the event of e~ther party substantially fmhng to fulfill its obhgat~ons under this Agreement No such term~naUon will be effected unless the other party is g~ven (1) written notice (dehvered by certified mall, return receipt requested) of intent to temunate and setting forth the reasons specifying the nonperformance, and not less than 30 days to cure the failure, and (2) an opportunity for consultation with the terrmnatlng party prior to ternunatlon C If the Agreement ~s ternnnated prior to compleUon of the services to be provided hereunder, D & T shall ~mmechately cease all servmes and shall render a final bill for services to the CITY within 30 days after the date of terrmnat~on The C1TY shall pay D & T for all services rendered and satisfactorily performed and for reimbursable expenses incurred prior to the date of terrmnaUon in accordance w~th the terms of th~s Agreement Should the CITY sub- sequently contract w~th a new D & T for the continuation of services on the aucht engagement, D & T shall reasonably cooperate in provlchng mformauon in accordance with, GASB 34 PAGE 6 and to the extent required by, apphcable professional standards The D & T shall turn over all documents prepared or furnished by D & T for dehvery to CITY pursuant to this Agreement to the CITY on or before the date of termanat~on, but may mmntaln copies of such documents for its files ARTICLE 13 SUBCONTRACTING Neither this Agreement, nor the services to be prowded hereunder may be assigned or subcontracted without the prior wnttan approval of CITY ARTICLE 14 NOTICES All notices, commumcattons, and reports required or pertmtted under this Agreement shall be personally delivered or mmled to the respective part~es by depositang same m the United States marl at the address shown below, certified mall, return receipt requested unless otherwise specified herein To D & T To CITY Deloitte & Touche, LLP City of Denton, Texas 2200 Ross Avenue ATTN Anna Mosqueda Suite 1600 Title Director, Management and Budget Dallas, Texas 75201 215 E McKanney Denton, Texas 76201 All notaces shall be deemed effective upon receipt by the party to whom such notice is given ARTICLE 15 ENTIRE AGREEMENT This Agreement, ~ncludlng all Exhibits and Amendments annexed hereto and made a part hereof, constitutes the entire agreement between the pames hereto with respect to the subJeCt matter hereof and supersedes all other oral or written representations, understandings or agreements relatang to the subJeCt matter hereof Neither party shall be bound by the provisions of any pre- pnnted or other written terms and condmons subsequent to the date of this Agreement relattng to the GASB 34 PAGE 7 subject matter hereof unless such adchtlonal terms and conditions are made effective pursuant to the Amendments subsection of this sectaon ARTICLE 16 SEVERABILITY If any prowslon of th~s Agreement is found or deemed by a court of competent junschctton to be invalid or unenforceable, ~t shall be considered severable from the remamder of this Agreement and shall not cause the mmmnder to be ~nvahd or unenforceable In such event, the pames shall reform this Agreement to replace such stricken prows~on with a vahd and enforceable prows~on which comes as close as possible to expressing the ~ntentlon of the stricken prows~on ARTICLE 17 COMPLIANCE WITH LAWS D & T shall comply w~th all federal, state, local laws, roles, regulations, and ordinances apphcable to the professional services performed pursuant to th~s Agreement, as they may now read or may hereafter be amended ARTICLE 18 EMPLOYMENT PRACTICES/DISCRIMINATION PROHIBITED In perforrmng the services reqmrcd hereunder, D & T shall not d~scnm~nate agmnst any person on the basis of race, color, rehg~on, sex, national ongtn or ancestry, age, or physical handicap D & T agrees that ~n connectaon w~th the serwces to be prowded to CITY hereunder that it w;ll comply w~th all applicable laws and regulations regardtng employment chscnrmnat~on ARTICLE 19 PERSONNEL/CONFLICTS OF INTEREST A D & T represents that it has or will secure at ~ts own expense all professional and support personnel reqmred to perform all the services required under this Agreement Such personnel shall not be employees or officers of, nor have any contractual relations w~th CITY D & T shall ~nform the CITY of any conflict of ~nterest under the professional standards of the AICPA or the Texas State Board of Pubhc Accountancy that may be dascovered or arise dunng the term of th~s Agreement GASB 34 PAGE 8 B All services required hereunder will be performed by D & T All personnel engaged in work shall be quahfled, and shall be authorized and perrmtted under state and local laws to perform such services ARTICLE 20 ASSIGNABILITY D & T shall not assign any ~nterest ~n th~s Agreement and shall not transfer any interest ~n this Agreement (whether by assignment, novation or otherwise) without the prior written consent of the CITY ARTICLE 21 MODIFICATION OR AMENDMENT A No wmver or mochficaUon of this Agreement or of any covenant, condition or hmltauon herein contmned shall be valid unless m writing and duly executed by the party to be charged therewith and no evidence of any wmver or modification shall be offered or received in evidence in any proceechng arising between the part~es hereto out of or affecting this Agreement, or the rights or obhgat~ons of the pames hereunder, unless such wmver or mochfication is ~n writing, duly executed, and, the part~es further agree that the prows~ons of this section will not be waived unless as herein set forth B No amendment of this Agreement shall be vahd unless in writing and signed by both pames ARTICLE 22 FORCE MAJEURE Notwlthstanchng any other provision in this Agreement, D & T shall not be liable or held responsible for any fmlure to perform or delays ~n perfonmng its obligations under this Agreement, lncluchng but not hmlted to, the completion of the audit and issuance of its report thereon, which result from circumstances or causes beyond D & T's reasonable control, lncluchng, without hn~tatlon, acts or ormsslons or the fmlure to cooperate pursuant to this Agreement by CITY 0ncluchng, w~thout hn~tatlon, entatles or individuals under its control, or any of their respective officers, chrectors, employees, other personnel and agents), fire or casualty, act of God, strike or labor dispute, war or other wolence, or any law, order or requirement of any governmental agency or authority GASB 34 PAGE 9 ARTICLE 23 MISCELLANEOUS A Venue of any suit or cause of actaon under th~s Agreement shall he exclusively ~n Denton County, Texas Tins Agreement shall be governed by and construed ~n accordance with the laws of the State of Texas B In accomphsh~ng this engagement, D & T shall take such steps as are appropriate to coordinate the work ~nvolved w~th related work being camed on by CITY C If there ~s any conflict between the terms of this Agreement and any exhibit attached hereto, the term of th~s Agreement shall control D C1TY shall assist D & T by plamng at D & T's d, sposal, all avmlable lnformaUon perUnent to the engagement, including previous reports, any other data relauve to the engagement, and arranging for the access to, and mal~ng all prowslons for D & T to enter ~n or upon, public and private prOperty as reqmred for D & T to perform services under thts Agreement E The headings of th~s Agreement are for lnformataonal purposes only and shall not in any way affect the substantive terms or conrhUons of th~s Agreement F Each party represents that it is authorized to enter ~nto this Agreement and that the individual execut~nglth~s Agreement on behalf of the party, is authorized to enter into th~s Agreement IN WITNESS WHEREOF, the City of Denton, Texas has caused this Agreement to be executed by ~ts duly authonzed C~ty Manager, and D & T has executed th~s Agreement by and through ~ts duly authorized undersigned D~rector on thts the day of , 2001 CITY OF DENTON, TEXAS BY MICHAEL W JEZ, C~ty Manager OASB 34 PAGE 10 FEB 9 2001 1 O1PM DELOITTE & TOUCHE NO 1580 P 12 ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PKOUTY, CITY ATTORNEY By DELOITTE&TOUCHE TERRY KILE, Director ATTEST GAgB ~4 PAGE 11 FEB 9 2001 1 02PM DELOITTE & TOUCHE NO 1580 P 13 Deloitte &?ouche November 28, 2000 Ms Kr:mn Newman C~ty of Denton 215 E McKtrmey Street Denton, TX 76201 Dear Ms Newman De[torte & Touche LLP ("D&T') is pleased to provide th,s letter to confirm th~s engagement to provtde certain servtces to assist the City of Denton (the "City") m its lmplemennng the reqmrements of Govemmemal Accounting Standards Board (GASB) Statement No 34, "Basra Financial Statements - and Management's Dtscussion and Analysts - for State and Local Governments" ("GASB 34") on the terms and conditions set forth here~n We under,rand that the City needs the assmtance of a profcsmonal services finn to asmst it m the conversmn of ~ts 2000 general purpose finanmal statements to a OASB 34 presentanon ProJect Workplan The following section describes D&T's overall workplan designed to assist the C~ty m convernng the September 30, 2000 general purpose finanmal statements to the format stipulated in GASB 34 Phase 1.0 I ProJect Initiation (expected to complete within 2 weeks from initiation date) D&T's objecnves tn thru retrial ph~e of the proJect ~s to assist the City m l~reparmg an lmplementatmn workplan and model fmancml statements 1 1 Review and confirm the obj ect~ves, scope and t~mlng of our work, 1 2 Establish primary D&T and City contact persons for the performance of this engagement, as well as regularly scheduled nines for such contact persons ~o meet, 1 3 ASSzst the City m identifying the types of information reqmred under GASB 34 and of reformation soumes at the City, 1 4 Identify with the City the major funds to be presented at the fund level finaneml statements, Delo~tte~ Touche Tphma~su FEB 9 2001 1 02PM DELOITTE &TOUCHE NO 1580 P 14 1 $ Identify areas where substantial lni'ormat~on tathenng should be completed by the City p~lor to our commencement of the conversion Phase 2 0 - Sample Financial Statements (expected to complete w~thm 3 months from complet~pn of Phase I) 2 1 Provide co~ultaUon ~th respect to · Simphficatlon · Id~n~fica~on of consohdaung ~d chmmtmg cnmes 2 2 Convert the September 30, 2000 fin~cial statements into a OASB 34 presentation including · Statement of Net Assets - Pnm~ Oovcrment · Statement of Acuvmes - Primary Govement · Balance Sheet - Gove~cnml Funds, including thc rcconcfliat~on of ~nd bal~ce between th~s statement m~d ~e net asse~s of the ~over~cntal activities · Statement of Kevenues, Expendz~es, and Ch~ges m Fund Bal~ce~ - Gove~enml F~d~, including r~oncfl~auon of ch~ges m fund balance to changes m net assets of goverment~ ~nds · Statement of Net Assets - Propnet~ Yun~ · Statement of Kevenues, Expenses, ~nd Ch~ges m Fund Net Assets - Propnem~ Funds · Statement of C~h Flows - Pmpn~ary Funds · Combmzn$ Bal~ce Sheet - No~lor Oove~ental Funds, zf needed · Comb~mng Statement of Kevenues, Expenditures, ~d Chages m F~d Balances - No~a~or Gove~ent~ F~, If needed · Combining S~atemcnt of N~t Assets - Inmmal Service Fund 0f tt zs determined that ~nds wdl not be ehmznated), if needed · Combtmn$ Smt~ent of Kevenues, Expenses, ~d Chan8es m Fund Net Assets - Internal Servme Fund, ~ needed · Combtnm$ Statement of Cash Flows - Int~al Service Fund, ~f needed FEB 9 2001 1 02PM DELOITTE & TOUCHE NO 1580 P 15 2 3 Summarize the crmcal areas where the Czty will reqmre addmonal tnformauon or resources m order to complete thc GASB 34 implementation Also dunng this phase, D&T and the C~ty will jointly develop possible re¢ommendauons of potential strategies the City may adopt to tacflttate financial statement preparauon under GASB 34 Phase 3 0 -Deliverable (expected to complete within 1 month of completion of Phase 2) Our dehverable for this prelect wall be a written report that includes * All the statements and schedules discussed m Phase 2 · The combining and ehmmatmg journal entries · A summary of cnucal areas where the Cny will require additional mformat~on and resources to complete GASB 34 unplementatmn All the electromc spreadsheets will be included as dehverable for this engagement Pro3ect Staffing We propose to stafftbas engagement wath Tracey Omdry, manager, and Reem Saturn and Terry IQle, directors Professional Fees and Term Our estzmated professional fees for thls project are $35,400, plus expenses not to exceed $4,000 Our fees wzll be based on actual hours spent on the engagement at D&T's standard hourly rate as follows Hour_~ Rate Per Hour Fees PartnerlDtrector 30 $250 $ 7,500 Manager 60 145 8,700 Semor 160 120 19 200 250 $ 35,400 FEB 9 2001 1 02PM DELOITTE & TOUCHE NO 1580 P 16 If the C~ty reqmres our assistance tn gathenng of mformat~on noted under task 1 5, the estimate to complete such aet~vmes ~s not included m the fee esrxmate above We wxll be happy to ~l~r,o~ie 8ueh~ asmstanee at our hourly rate Suelx estimates a~d description of the workplan are based on information known to us at the t~me of the signing of th~s engagement letter and the assumption that unexpected c~rcumStances will not be encountered during thl~ engagement If mo&fleauons to our workplan are necessary, we will promptly &scuss such changes w~th you and amve at a revised agreed-upon workplan description Th~s ~ngagement letter, including the General Bus~ness Terms attached hereto as Exbab~t I and made a part hereof, constitutes the entire agreement between the Cny and D&T w~th respect to th~s engagement, supercedes all other omi and written representations, understandings or agreements relating to thl~ engagement, and may not be amended except by the mutual written agreement of the City and D&T if the foregoing sets forth your understanding and you are ~n agreement w~th the terms and con&tmns set forth hereto, please s~gn the enclosed copy of th~ letter at the space re&cared below and return it to us Yours truly, ACCEPTED AND AOREED TO BY C~ty of Denton $~gnature _,, Printed name of signer Title Date Attachment 4 FEB 9 2001 1 02PM DELOITTE & TOUCHE NO 1580 P 17 EXHIBIT I GENERAL BUSINESS TERMS Servm~es It :s ~.t~lderstood and agreed ;hat the services of Deloitte & Touche LL? ("D&T) ~ay ~nclude advtcc and recommendations, but ~I d~lslo~s m coone~tlon with ~he lmpla~e~t~tlo~ of such ~vtce and recommendations sh~l be ~e re~pons~bd~ty of, and mafle by, Cl~y of DentOn (the "Ghent") In connection with ~ta servl~s hareunder, D&T shall be entitled to rely on all dacts~ons and approvals of~e Chent Payment of Invoices Properly submJ~ed i~vo~ces upon which payment is not received w~thm th¢~y (30) days of thc mvol~e date shall acorue a late ~harge of the lesser of(0 l Va% per month or (x~) thc M~ost ~at¢ allowable by law, m each c~e compoundtd mon~ly to the ext~nt allowable by law Without hm~tmg ~ts rights or remedies, D&T shall have the r:~: to hail or terminate entirely Its servtces anQI payment ~s received on pa~t ¢omplat:on of D&T'a nary:ess har~under Th~s ~ngag~t may be re.mated by ether pa~y at any ttm~ by gwmg wr~Ran notl¢~ to th~ oth~c ~a~ not loss th~ 30 calendar days before ~¢ eff~cuv~ date oftorm:na~on Ow~ershtp a) D~T T~ahaolo~v D&T has ~r~at~, a~qutr~d or ~h~rw~ae ha$ nsht$ m, and may, m connection w~th the performance ofa~rv~ees h¢raunder, employ, provide, modify, create, acquire Or otherwt~e obtain r~t~ m, v~rloua ~on¢~pts, ld~, m~thod$, ma~o~ologle$, ~roeedures, process:a, know-how, and ~echniques 0naludtag, wllhout bm:tartan, function, pro~¢a~ system and data models t~mpimas the generahzod pu~oa~ ~onaultmg and ao~war~ tools, utlllti~a and routines, and logic, cohe~ene~ and m~thods of operaQon b) O~h~g.ofp~hv~bloa Exempt ~ provided ~{ow, upon ~ll ~d fi~l payment to D&T h~round~r, th~ t~g~bl$ items ap~tfi~d aa d~hwrable$ or wo~ produe~ m th~ ong~am~nt le~er ~o wMch ~esa ta~a ~e a~chad (~ "Dahvarab}~a") shall b~come th~ ~op~y ofth~ Chum To fha axt~nt that any D&T Tg~hnol~$y I$ ¢ontamod m any of tho D~hv~mbl~$, D&T h~r~by grant~ the Chont, upon full and final payman~ to D&T h~raundar~ a rOyaRy-fre~, Mlly pa~d-up, worldwMe, non-exclusive lman$~ to ua~ such D&T %ahnology m ¢onnaetion w~ th~ D~hvorabl~s e) Own~nM~ of D&T Pro~y To the ox~nt ~at D&T uuh~s any of ~u prop~ (including, w~thout hm~tlon, ~¢ D&T Taehnology ar any hardware or so~w~e of D&T) m connection ~th ~e performan~ of aarv~a~ hor~und~r, such prop~ $h~l r~mam ~ prope~y ~fD&T and, ~x~pt for ~e {lO,nsc expressly ~tad In ~¢ praaad~g p~ag~ph, ~a Eh~nt shall aequ~r~ no rt~t oe m~erea~ m such prop¢~ NotwRh~an~m~ ~ythtng m this ¢figagom~t I~, including thas~ to~$, to ~¢ ~ontra~, th~ pa~te$ acknowledge a~d ~$r~e that (a) D&T shall own all rift, tltla, and m~¢re$~, including, wtthom I~l~t~on, all r~ghB unde all ¢opyr~ghz. patant and o~ar intellectual prop~y laws, m and to the D&T %~hnology and (b) D&T may employ, mod:~: d~aelose, ~d oth=m~a~ explo:~ the D&T Technology (including, w~zhout hml~t~on, provld~nga~rvle~so~eraattngprogra~mlngormaI~r~al* f~ro~her~h~nt~) D&Tdoesnot~r:e to ~y tartan ~at may be eonstrua~ ~ pro~ludmg or hmR~ng In any way ~ta r~gh~ lo (a) pcov~d~ con;ultmg d~m$ approprm~ or (b) davelop for ~alf or for o~ra, mac,rials that are campetmve ~;~ ~o~e p~odua~d ~ a r~$ult of the $~rvl~s provided h~round~r, txeap¢~t:w ~f th~{r ~m~]ar;W to the D~llverables FEB 9 2001 1 03PM DELOITTE & TOUCHE NO 1580 P 18 Llmttatlon on WarrantIes THIS IS A SERVICES ENGAGEMENT D&T WARRANTS THAT IT SHALL PERFORM SERVICES HEREUNDER IN GOOD FAITH D&T DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR iMPLIED, II~CLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE IN ADDITION, D&T HAS NOT BEEN ENGAGED TO PROVIDE ANY YEAR 2000 SERVICES SUCH AS ASSESSmeNT, CONVERSION OR T~STING ACCORDINGLY, D&T IS NOT PROVIDING SUCH SERVICES, AND D&T DOES NOT, AND WILL NOT, REP~S~NT, WA~ANT OR PROVIDE ANY ASSURANCES THAT THE CLIENT'S SYSTEM5 OR ANY OTHER SYSTEMS (INCLUDING, WITHOUT LIMITATION, THE SYSTEMS OF THE CLIENT'S VENDORS, SERVIC~ PROVIDERS, CUSTOMERS, UNCONSOLIDATED $UBSIDIA~ES OR JOINT VENTURES IN WHICH THE CLIENT H~ AN INVESTMENT OR OTHER THIRD PARTIES) ARE YEAR 2000 COMPLIANT, OR THAT THE CLIENT'S PLANS OR T~ PLUS OF ANY TI~IRD PARTIES TO DEAL WITH THE YEAR 2000 ARE SUFFICIENT TO ADDRESS OR CO~ECT ANY YEAR 2000 PROBLEMS THAT MIGHT ARISE, OR WI~ RESPECT TO ANY OTHER MATTERS RELhTING TO THE YEAR 2000 L~m~tatmn on Damages a) ~e Cheat agrees that D&T and ~ts personnel shall no~ be hable to ~he Chain for any claims habtlmes, Or expenses relating to ~hts engagement for an aggregate amount m excess of the fee, prod by ~e Ghent to D&T pursuant to ~s engagement, except to the extent finally jud~c~ally demrmm*d m have resulted ~rom th~ bad h~ or mmnt~onal mlseonduc~ of D&T In no event shall D&T or as p~rsonnel b~ lmhle for cons~qu~nual, special, md~r~c~ mctd*ntal, punmve or ex.platy loss, damage, or ~xp~nse relating to th~s engag*manr b) Th~ hm;t~lon on habday of th~, engagement le~er shall apply to the fullest extent of the law, whether m ~on~rac~ statute, to~ (suah as neghgance), or othe~xse Cooperatmn Th~ ChenI shall ~ooperate w~th D&T m the performanc~ by D&T of its sermons hereunder including, wahout hmt~tlon, providing D&T w~th reasonable fac~ht~es ~d :~mely access to ante, mfo~nat~on and p~rsonnel of the ~ll~ The Cheat shall be responl~ble for the performance of ~ts personnel and agents and for :he acvu~cy and completeness of all da:a and mformanon prowded to D&T for pu~osea of the perfomance by D&T of t~ serwces hereunder Force Majeure D&T shall not be hable for any faxlurea or delays r~sultmg from mreumstance, or causes beyond ~t~ re.enable control, including, w~out hm~tatmn, acts or omtsston~ or the failure to cooperate pursuant :o :h~* eager*meat le~er, inoludmg :hese ~erms, by the ChenI (including w~thout hmnat~on entrees or individual, under lB oomrol or any of their respective offic*rs, d~r~ctors, employees, o~er personnel and agent) a~s or 0m~*s~ons or the failure to cooperate by any th;~d pa~y, ~re or oth~r c~ual~ act of God, ~tr~ke or labor dta~ute, war or othor violence or ~y law order or reqmr*m~m of any governmental a~ency or author~ L~m~tatlon on Actlon~ No actmn regardles* of form artsmg under or relaung m :h~s engagemen:, may be brought by e~ther pa~ mort rhea one year aRer fl~e cause af action has accrued, ~xe~pI ~at an aenon for non paymem may be b~ugh~ by a pa~ not later than one year following the da~e of the ~ast payment du~ to such pa~ hereunder Independent Contrattor It ~s understood and agreed that each of the pm~s h~reto ~s an independent contractor and that neither pa~ ~s nor shall be consldorod re be, an agent, d~strlbutor or representative of the other Ne;th*r p~ shalI act or represent ~taelf, d~reetly or by xmphcatmn, as an agent of the other or m any manner assume or create any obligatmn on behalf of, or in ~e name et the other 6 FEB 9 2001 1 03PM DELOITTE &TOUCHE NO 1580 P 19 l] Confidentiality ~nd Internal Use a) The Chent ~tgree$ that all servzces hereunder and Deliverables shall be solely for the Chent's ~nformatlona] pu~oses ~nd internal use The CheAt ~her a~s that ~uch serv)c~s and Dehvcrables shall not be used by, or cJrculated, quote~, disclosed, or d~buted ~o, nor ~al] reference to ~uch serv~ce~ or Delwerables be made to, any person or entity o~er than [~e Ch~n~ b) To the extent That, m cermet[ton wiTh this e~gagement, D&T comes into possession of any proprtecat~ or confidential information of the Chant, D&T w~ll not disclose such tnformas~on m any thLrd pa~y w[thout the Client s consen~ except (al as may be required by law, regulabon, judicial or admmistr~:~ve process, or m ,a~orGanoe w~ apphcable professional s~dards, or m connie:ion w[:h ht]gau0n p~amml h~r~to, or (b) ~o the extent such Informa~mn 0) ~h~ll have oth~w~se become pubhcly available (including, wlthou~ hm~tatmn, a~y info.at,on filed with any governmental agency and ~v~dab]e [o The pubhc) oth~t than as :he result of~ d~sclosure by D~T in breach hereof, (Il) I~ disclosed b2 the Chent ~o a third pa~ ~tthout substantially the same res~icQo~s is set fo~h herein, (ui) becomes avatlab[~ to D~T on a noncoufid~tlal b~ls from a source other than [he chen~ which D~T does not believe is prohiblmd from disclosing such mfo~at~on [o D~T by obhgatlon to [he C[~enL (tv) Is ~own by D~T prior [o ~ race,p[ from th~ Chcnt wnbout any obhgatmn of confidentiality wl~ respec[ thsreto, or (v) is developed by DaT mdependendy of any d~sclosums made by The Client to D&T of such reformation In addition ~e C[[em acknowledges and agrees that a~y such m~o~a:to~ ~&t co~es ~o ~e a~entton of D~T m :he course of performm~ th~s engagement wall be considered and used by D~T m the contexl of responding to ~ts professional obhgat~ons ~ ~ mdep~nden~ accountants for ~e Chem 12 Survival Th~ agreements and unde~akmgs of the C~leal contRmed m the engagemcn[ l¢~er [o which th~s¢ [e~s are a~ached, together w~ the provisions of Paragraphs l, 2, 4, 5, 6, 7, 8, 9, I0, l 1, 12, ~3 and ~4 hereof, 13 Assignment Excep~asprov~d~dSelow, nettherps~may~ss~gn, transf~ror4¢legat~anyOfth~r~tsor obhga~lons hereunder w~thout the prmr wH~en consent o~the other pa~ D~T may assign or ~ubcontract ~xs rights and obhgatmns hereunder ~o ~ny [ffihate or reJated enuty without th~ ~ons~nt ogthe Client 14 Govermng Law and Severabflity These te~s, and ~e ~ngagement I~er to whmh the~ ~rms are appended, Including ~e exhibits, shall be governed by, and construed m accordance w]fl~, ~e l~ws of the State of New York (w~out g~vmg effect m the choice of law pnnmples thereo~ [f any prows~o~ of th~s engagem~m le~r, mcludmg thes~ :e~s ~s found by a cou~ of competent jur~sdm~[on :o be unenforceable, such prows~on shall not afgec: the other prov~smns, but such unenforoeable provision shall be deemed modified to the extem necessa~ to render g enfo~eablc, prese~ing to th~ fullest ox[~nt p~ss~ble the intent of che pam~s s~t fo~h 7 AGENDA INFORMATION SHEET AGENDA DATE: February 20, 2001 DEPARTMENT: Management and Budget ACM: Kathy DuBose, Ftscal and Municipal Services ~ SUBJECT Consider an ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the unreserved fund balance of the General Fund wth Certificates of Obligation so that projects more fully described m the attachment to this ordinance may be commenced, declaring an emergency and amenchng the 2000-2001 Capital Improvements Budget to allow the fundmg for the Open Space and Downtown Master Plans and providing an effective date BACKGROUND The General Fund is requesting an or&nance declanng the intent to reimburse expenditures from the unreserved fund balance of the General Fund for the Open Space Master Plan and Downtown Master Plan voth Certificates of Obligation, and amending the Capital Improvements Budget to appropriate the funds After adoption of the budget, and as the new Development Code was further ref'med, it became apparent that an Open Space Master Plan and Downtown Master Plan were reqtured m order to develop strategies to save environmentally sensitive areas (ESA's), open space and enhance the downtown area m order to prevent deterioration and loss of important historical sites Because of the City's rapid growth, inaction could have a slgmficantly adverse impact on the City's plans and strategies to manage future growth, preserve Instoncal sites and comply with Federal regulations Therefore, an amendment to the budget is necessary in order to appropriate the funds to develop these plans and the reimbursement resolution will allow funds to be reimbursed from Certificates of Obhgat~on PRIOR ACTION/REVIEW ,(Councfl, Boards, Commissions) None FISCAL INFORMATION Tins ordinance will allow $166,900 from the General Fund unreserved fund balance to be expended and subsequently reimbursed with Certificates of Obligation and amends the Capital Improvements budget to appropriate the funds Agenda Informatton Sheet February 20, 2001 EXHIBITS Ordinance Attachment A Respectfully submitted AnnaMosqueda ' ~/ D~rector of Management and Budget 2 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE UNRESERVED FUND BALANCE OF THE GENERAL FUND WITH CERTIFICATES OF OBLIGATION SO THAT PROJECTS MORE FULLY DESCRIBED IN THE ATTACHMENT TO THIS ORDINANCE MAY BE COMMENCED, DECLARING AN EMERGENCY AND AMENDING THE 2000-200t CAPITAL IMPROVEMENT BUDGET TO ALLOW THE FUNDING FOR THE OPEN SPACE AND DOWNTOWN MASTER PLANS, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Denton (the "Issuer") as a mumcapal corporatlon/pohtacal subdivision of the State of Texas, and WHEREAS, the issuer expects to pay expenditures for projects in conjunction with designing the Open Space Master Plan and the Downtown Master Plan which are described in Attachment "A", and WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the Issuer and, as such, chooses to declare its intention, in accordance with the provisions of Section I 150-2 Treasury Regulations, to reimburse itself for such payments at such time as ~t issues the obligations to finance the Projects, and WHEREAS, the expenditures for the ProJect will be d~sbursed m the ~ntenm from the general unreserved fund balance, whleh is not appropriated at present m the 2000-2001 capital improvement budget for such use, and WHEREAS, after the budget was adopted, the City determined that m conjunction with the new Development Code, the need for an Open Space Master Plan and a Downtown Master Plan to develop strategies to save environmentally sensitive areas (ESA) and open space and to develop strategies that would help enhance the Downtown area in order to prevent deterioration and loss of ~mportant historical sxtes, all of whmh could not have reasonably been foreseen at the t~me of the adoption of the 2000-2001 capital improvement budget, tame as of the essence s~nce inaction could slgmficantly adversely impact the City's plans and strategies to manage future growth, preserve historical sites, and comply voth federal regulations, and which creates an emergency and a grave public neeessxty that the budget be amended to fund flus project to develop an Open Space Master Plan and Downtown Master Plan, and WHEREAS, Sec 8 08 of the Denton City Charter prowdes that m case of grave public necessity, emergency expenditures to meet unusual and unforeseen conditions, wtuch could not by diligent thought and attention have been included in the original budget, may be authorized by the affirmative vote of at least five of the members of the City Council as an amendment to the original capital Improvement budget, and WHEREAS, the City Council finds that a grave pubhc necessity exists which requires emergency expenditures for these master plan projects and the amendment of the 2000-2001 C~ty of Denton Capital Improvement budget, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the findings set forth in the above preambles to th~s ordinance are true and correct and are hereby adopted ~F~ The Issuer reasonably expects to incur debt, as one or more series of obhgatxons, with an aggregate maximum pnnclpal amount equal to $166,900 for the purpose of paying the costs of the Projects, as set forth in the attached Attachment "A", which ~s made a part of this for all purposes as if incorporated word for word herein ~ All costs to be reimbursed pursuant hereto wall be for the purchase of fleet vehicles and eqmpment, payment of contractual obhgatlons for professional servxees, and/or construction of pubhc works as authorized by Section 271 045(a)(1) of the Texas Local Government Code No tax-exempt obhgatlons will be issued by the Issuer m furtherance of ti'ns resolution atler a date which as later than 18 months after the later of (1) the date the expenditures are p~ud, or (2) the date on wluch the property, with respect to which such expenditures are made, ~s placed m service That all amounts expended fi.om the Unreserved Fund Balance of the General Fund for the Project set forth in Attachment "A" to pay any costs of the ProJect shall be rennbursed fi.om Certificate of Obhgataon bond proceeds w~tlun the 2000- 2001 fiscal year SECTION 4 The foregoing notwlthstand~ng, no tax-exempt obhgatton will be issued pursuant to th~s resolution more than three years after the date any expenditure which is to be reimbursed ~s ptud SECTION 5 That the 2000-2001 capital unprovement budget of Issuer ;s amended up to the amounts hsted m Attachment "A", to provide for adjustments to the capital ~mprovement budget Aeeordmgly the 2000-2001 capital improvement budget as hereby amended by transfernng the sum of $166,900 fi.om the unreserved fund balance, account number 100-5600, to the capital ~mprovement fund, account number 480-050 Immediately upon the sale and receipt of the proceeds fi.om the certificate of obhgataons the sum of $166,900 or the actual amount transferred to the capttal ~mprovement fund shall be transferred to the unreserved fund balance If for any reason these adjustments to the capital improvement fund do not fully cover the expendxtures anticipated in Attachment "A", the City Manager ~s anthonzed to provide such funds fi.om the unreserved fund balance T~ That the C~ty Secretary ~s directed to attach a copy of this ordinance to the original capital ~mprovement budget and cause this amendment to be pubhshed once an the Denton Record-Chromcle Page 2 of 3 SECTION 7 Th~s ordinance shall become effective ~mmedlately upon ~ts passage and approval PASSED AND APPROVED tlns the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 3 of 3 ATTACHMENT A CIP PROJECT 2000-2001 Open Space Master Plan $ 54,900 Downtown Master Plan $112,000 Total $166,900 1 ~.ttachzne~t A Fags Z CITY OF DENTON, TEXAS ANNUAL PROGRAM OF SERVICES ADOPTED 2001-2005 CAPITAL IMPROVEMENT PROGRAM GENERAL GOVERNMENT TOTAL REQUIRED AUTH OTHER CITY YEAR DIV/DEPT PROJECT NAME UNISSUED * FUNDING 2000 01 Trane Airport- Master Plan Update $ $ 12,000 $ 12,000 2000 01 Trcns Airport Upgrade Entrance Sign 10,000 10,000 2000 01 Trans A~rport Control Tower 500,000 500,000 2000-01 Trane Land Acqu~s;tion Airport Runway 220,000 220,000 2000-01 Trans Trafflo S;gnals 150 000 150 000 2000-01 Trans H~ckory Creek 750,000 750,000 2000-01 Trans PawnglS~dewalkalBikelanea 500,000 500 000 2000 01 Trane US 77 1,450,000 1,450,000 2000 01 Trane Loop 288 (12,000'} 1,000,000 1 000 000 2000 01 Trane W;demng Highway 2181 250,000 250,000 2000 01 Trane W~ndaor Interchange 500,000 500,000 2000-01 Trans Miscellaneous Pawng 2,000,000 2,000,000 2000-01 Parka Upgrade Parks 460 000 460,000 2000-01 Parka Commumty Park Land Acquisition 1,400 000 1,400,000 2000-01 Parka Tra~lslLinkagea 250,000 250,000 2000-01 Parka Beautification 40,000 40,000 2000 01 Parka Amerloan Legion Hall Annex 175,000 175,000 2000-01 Parka Swimming Pool Safety Cover 25,000 25 000 2000-01 Bu~ld/Equip North Branch Ubrary Design 350 000 350,000 2000-01 Build/Equip North Branch Library Construction 4,250,000 4,250 000 2000 01 Build/Equip Central Fire Station 3,300,000 3,300,000 2000 01 Build/Equip Comprehensive Fac;lity Space Study 300,000 300,000 2000 01 Build/Equip Miscellaneous Facility Renovations 393,000 393,000 2000-01 Tach Svc GIS Improvements 200 000 200,000 2000-01 Tach Svc Long Range Tach Plan 2,000,000 2.O00 000 2000-01 Plnnlng/Dev Open Space Master Plan 54,900 54,900 2000-01 Plnmng/Dev Downtown Master Plan 112,000 112,000 TOTAL $14,245 000 $6,406,900 $ 20,651,900 *Includes certificates of obhgst;on, fund balance and General Fund resources 2 Agenda Item_ AGENDA INFORMATION SHEET AGENDA DATE: February 20, 2001 Questions concerumg this acquisition may be directed DEPARTMENT Materials Management to Ed Hodney 349-8271 ACM. Kathy DuBose, Fiscal and Municipal Services ~._(~ ~ SUBJECT: An Ordinance authorizing the City Manager to execute a Professional Serv:ccs Agreement (PSA) w~th Fregonese Calthorpe Associates to provide professional services for the development of an Open Space Plan and a Downtown R. ewtallzat~on Plan as set forth ~n the contract, and providing an effective date (PSA 2651 - Professional Sarvlc¢ Agreement for Open Space Plan and Downtown P~ewtahzatlon Plan awarded to Fregonese Caltho~pc Associates ~n the amount of $54,900 for the Open Space Plan and $112,000 for the Downtown Revitahzatlun Plan, total awarded $166,900) PROFESSIONAL SERVICE AGREEMENT INFORMATION Th~s Profcsmonal Services Agreement is for two separate but similar projects The first project is the Open Space Master Plan The scope of work requires the consultant to develop a hst of potential open spaces that should be protected to meet the City's environmental, recreational and cultural objectives and to recommend thc means whereby they may be protected or acqmrcd The second project is the Downtown R. ev~tabzatlon Master Plan The scope of work is to develop a master plan to propose a comprehensive strategy to guide both pubhc and private sector ~nvestment in the Downtown area based on an assessment of market trends and development opportunities A more detailed explanation and presentation was made to Council on January 23, 2001 The Professional Services Procurement Act, Chapter 2254 of the Government Codes requires the selection of a Pro£esslonal Service prowder be determined on the basis of demonstrated competer~c¢ and qualifications to perform the services and at a fair and reasonable price Fregonesc Calthorpe Associates was chosen for these two master plan projects based upon part:clpat~on in and successful completion of the Denton Downtown Development Code project, a thorough understanding of the Denton Plan, quahficatlons of Fregonese Calthorpe Associates pcrsounel (John Fre§onese in particular), and other similar projects completed by Fregonese, Calthorp¢ Associates These two Master Plans will complement the Denton Plan ~mplcmcntatlon RECOMMENDATION: We recommend ttus Professional Services Agreement (PSA 2651) and Purchase Order 12579 to Fregonese Calthorpe Associates be approved, along w~th the contract document in the amount of $166,900 Agenda Information Sheet February 20, 2001 Page 2 PRINCIPAL PLACE OF BUSINESS: Fregonese Calthovpe Associates Portland, OR ESTIMATED SCHEDULE OF PROJECT' We antlc~pate substantial completmn of these master plans m December 2001 FISCAL INFORMATION: Funding for these master plans are avmlable as outhned m the reimbursement resolutmn listed on this Consent Agenda Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Purchase Order 12579 to Fregonese Calthorpe Associates Attachment 2 Scope of Work Open Space Master Plan Attachment 3 Scope of Work - C~ty of Downtown Master Plan 1525 Agenda ATTACHMENT 1 ATTACHMENT 2 EXHIBIT A Draft Scope of Work City of Denton Open Space Master Plan January 23, 2001 Introduction The Denton Comprehensive Plan envisions an extensive system of open spaces for recreation, wildhfe enhancement, and flood control Some of these open spaces can be protected through the land use regulations now being adopted by the Denton City Council Some, however, need additional methods to be used for aequlsmon As with any project that involves the expenditure of funds or the acqumition of property, a strong pubhc involvement program is essential This scope of work outlines a relatively quack process, based on other successful models, to develop a list of potential open spaces, and the means whereby they may be protected or acquired These systems have been based on a wflhng seller commitment, and provide for many means for protection, from outright aeqmsmon to conservation easements to transfer of development rights Denton County has expressed an interest m collaborating with the City in protecting lands within the ETS This scope of work takes the County's participation into account TASK 1 Estabhsh Open Space Database This task is to establish the universe of open and vacant lands that would minimally qualify as open space for any reason This would form the barns for the development of the final plan This database would be developed from the Denton GIS system, modified and supplemented with vinous new data and recent aerial photography TASK2 Identdy open space evaluauon factors An evaluation method would be developed that would evaluate, with several criteria, the value of each open space area The evaluation system could include factors such as Areas w~th streams Tree Canopy Wfldhfe Values Cultural/historical values Accessibthty to existing population AccesslNhty to future population Connectivity to other open space Wildlife Comdors Meets future park needs (Recreation) These factors would be expressed m a GIS database and could be mapped, as well as used for further pnontlzation Task 3 Open Space Threat Assessment The next task is to develop a threat assessment of open space This would be based on looking at current zomng and the chances that development would preserve or threaten open space, and development trends, that would in&cate the timing of any threat Task 4 Neighborhood Workshops This task is to take this information to the neighborhoods in Denton and conduct hands-on workshops in the neighborhoods Using high quahty maps of the area, these workshops would involve neighbors m reviewing the value and threat assessment, and providing for their lnput on their assessment of the values of vinous open spaces that exist We then would engage them tn a pnontlzatlon scheme, allowing them to set a priority when the have to make tradeoffs Task 5 Estabhsh unplementanon strategies This would be a review with the Denton City staff of the vinous tools available for reservation, and the steps for implementation of an open space plan Such strategies could include Transfer of Development rights Conservation easement purchase Land trust donations Fee Simple purchase City park funds City drainage funds Open Space bonds funded by property tax Dedicated sales tax Strategies ~nvolving Denton County and other entities Task 6 Estabksh pnontyhst This next task is to develop a draft priority list We advocate in developing a target area, with many more parcels than are intended for purchase, and a target acreage, which ~s the amount 4 intended for purchase or protection Then the City has many options, and is not in the poslt~on of inversely condenmmg a partmular property Each target area would Identify ehgible parcels Identify preferred preservation method Identify target acreages m each target area Task 7 Develop plan The final step ~s to develop a final draft of the plan, documenting all steps and including a newsletter and v~deo for presentations Several Nmghborhood Open Houses would be included Task 8 Plan adopuon The consultant would partlmpate in the plan adopUon as needed F Xadmln\Open Space Master Plan 2001\Revised scope of work I 24 01 doc 5 ATTACHMENT 3 FAeggnese -Ualthorpe ASSOCIATES Budget & Scope of Work Denton City Downtown Master Plan Introduction Denton's downtown ~s both the bastonc center and the location of the best redevelopment potenttal m North Texas Denton offers a home town feel, closeness to the cultural and educauonal facthnes of the C~ty, and the only oppormmty for an urban lifestyle m the Denton area Because ,t ~s a }ustonc c~tycenter, it contatns a charm and feel that ts tmposstble to reproduce tn newly developed nuxed use villages As demograp}ucs and hvtng preferences change, Denton's core can take advantage of these trends and opponumnes However, a comprehensive strategy ~s needed to coordinate the acuvmes of the pubhc sector and private bustnesses and tnvestors T}Us wdl look at market trends, and assess what the development potennal ts tn Downtown Denton A development strategy wdl be developed, targeting hkelyand deswable tnvestment tn the Downtown area Obstacles and oppormmues wdl be ~denufied A detailed destgn plan wdl be developed that wdl grade the pubhc tnvestments, and specific gtudelmes for the pnvate sector development wdl be created A Capital Improvement Strategy will be developed, tncludmg sources of income tncludmg a number of sources Finally, a pubhc tnvolvement strategywdl be employed that wdl pmvtde for tnput from the downtown community and the Denton commumty at large Task 1. Market Assessment for Downtown Denton Market Potenttal. A leading Econormcs firm wdl examine the dynarmcs of growth m the Dallas-Fort Worth Metroplex, and explore ways that tt can be captured tn appropnate ways As }ugh technology tndusmes conttnue to grow, the Denton area may be positioned to shift from betng a "spdlover location" for manufactunng and warehoustng activtues, to betng a preferred locauon for }ugh-paying office space As software design and tntemet related compames grow, these fn-tns, w}uch have vmually no manufactunng component, wdl feel added pressures to ftnd space that ts both avadable and affordable Qualityof life ts becoming the }uggest factor tn most corporate location dectslons Thts strength will be keyto addressing both "market driven" and design tssues rehung to the downtown Urban style housing has also been shown to be a growing and underserved sector, and Denton provides one of the few sites tn the area that could provide housing w~th a downtown flavor Ths should also be considered tn the context of the CBD Ftnally, the urbane vitahty of downtowns xs not only maportant for drawing commumty members together, but ts also an important reason for many bustness locauons Consequently, retatl and entertatnment uses will also be examined Working w~th a local real estate econormst, we ~ determine what the market potenml for development tn downtown Denton Recent developments, absorption and vacancy rates, leastng and rental rates, and other tnchcators of economac actavtty will be chromcled Fregonese Calthorpe Associates Denton Downtown Plan Scope of Work August ~1, 2000 Budget $12,500 Dehverables Market analys~s for downtown Currem lease, remal, and absorpuon rate Potenual market demand £or office, retatl, housing, and potenual bamers to thetr developmem Task 2' pu~m?. Tmn.pOrtat~on and Redevelopment Analys~s Tim task ~s to update the currem Redevelopment model wath complete assessor's data, and update the assumpnons for redevelopment w~th the m£ormanon gleaned £mm the market assessment m Task 1 The redevelopment model calculates the potem~al feas~Nhty of development of parcels In ad&non, we will, vnth the asststance of the Denton Planning Depaxtmem, evaluate exastmg con&nons w~th regard to parking usage and developmem or redevelopment opponumues m the Downtown area In tim task, the consultant wtll assemble a two-part spreadsheet model that shows the mteracnon between the emstmg land and btuldmg values m the area, and the effect of zoning codes on redevelopment potenual (note tim btulds on the redevelopment analys~s conducted m the Denton Developmem Code project) In ad&non, we will include the module that calculates parking demand based on tmae of day demand, and shows the advantages of shared parking and maxed-use areas Current transportauon usage ~ also be mventoned, and we will work w~th the Demon Transportanon staff to develop an assessmem model for deterrnmmg the needs of future transporcanon fac,l,t~es based on the plan These models (redevelopment, parking, and transportauon) wtll be used for analys~s throughout the prolect A complete redevelopment and parking demand model reqmres an accurate mvemory of current use, bmldmg square footage, assessed value, lease and rental rates, and constructton COSTS 2 Parking and Transportation and Redevelopment Analyus Budget $13,200 Dehverables Downtown parking demand analys,s Parking Demand Model Redevelopment Oppommatxes Model Redevelopment Opportumues Map Bmldout Summary Current transportanon assessment Future Trausportanon modeling methodology Task 3 Street Destgn Fregonese Calthorpe Assocmtes 2 Denton Downtown Plan Scope of Work August 4, 2000 The desagn of pubhc infrastructure roll also playan tmportant role Furthermore, most street-facing uses can only be expected ff on-street parking ~s provded, and fast-moving roads chscourage pedesman movement and acuv~ty Several of the area's arteml streets may have excess capacttyand travel lanes that can be converted to on-street parking We will work wzth staff to determine the extent to wbach emstmg streets can be redesigned to balance the needs of all modes, and Fregonese Cakhmpe Associates wdl collaborate w~th engmeers to design attractive streetscapes that vo. ll attract appropriate forms of new development and estabhsh a chstmct tdennty for Denton Streetscape deugn Plan Budget $3,700 Dehverables Ideal streetscape designs for typical downtown streets Streetscapes apphed to specfftc areas of the downtown, modafied as necessar7 Task 4: Workshop to develop a Plan 4A Workshop Budget $11,500 In a workshop format, stakeholders wdl have the opportumty to rewew approxanately 100 shdes depicting a range of mid to high-density housing rating each image on a scale of 0 to +10 depending on how much theyhke or chshke the anage Scores will be talhed and then the group will revtew the tmages with the htghest positive and negative ratings Dtscusston wdl be facthtated to determine what pamcular design elements led to posxuve or negative ratings The result wdl be a catalog of preferred design features to be included m des:gn gmdelmes for proposed projects m the Downtown area 4B Refine Preferred Plan Budget $4,500 The maps produced bythe workshop groups wdl be smnmanzed and recurrent themes and development patterns wdl be used to create a draft preferred village plan Staff, the ad-hoc comrmttee and the consultant will refine the vdlage plan based on the prewous parking, transportauon and redevelopment analysts The refined plan w,.ll be analyzed to determine what types of zoning changes w,.ll be necessary'to accomphsh the proposed density and use- mtx Th~ will be done m a two dayworkshop, w~th the concepts and destgns rewewed one day, the des,gn created the next, and revxewed v~th the partmtpants the next mght Dehverables Newsletter advemsmg workshop Orgamze and attend Denton workshop (2 days) Catalog of preferred design features Fregonese Calthorpe Associates 3 Denton Downtown Plan Scope of Vl/ork August 4, 2000 Memo about preferred design features, necessary code changes Draft downtown design plan Task 5' Implementation 5A Dra~ Downto~an Deugn and Development Plan Using the redevelopment model and the proposed development intensities that were chscussed m the workshop, we wdl produce a development plan, with site specific m'~provements m street cross secuons, pubhc open space and plazas, and btuldmg footprints Th~s plan ~ be based on a 20 year bmldont based on reaksuc assessment of market condmons and redevelopment potential Budget $12,000 5B Dra~ Deszgn Standards Draft actual code language and destgn standards These standards would use the new Denton Development Code as a bas~s, and would focus on design needs for the Downtown Workshops vnth a task force and presentattons to Planning Commass,on, Council, and interested commumty groups would be to rexaew the draft Site Design Standards We wtll produce four before and after dlustrauons of key s~tes m Downtown, the before picture wtll be a d~gltal panorama photograph, the after anage vnll be a water color based on the envmoned development strategy A draft Downtown Design and Rewew secuon of the Denton code would be produced, and supphed to the Planning Department m chgital form, including fllustmuons Budget $2,000 5C. Parlung. As the Downtown mtens~fies, comprehensive strategies for parking vail become increasingly tmportant Shared parking, on-street parking and mumctpal structures are among the strategies that will be incorporated into the Plan We wdl use our shared parking model and an inventory of on street and off street parking to produce a parking strategythat ~s based on the development plan produced m SA. Budget $5,600 5D Transportation and Transit. Working w~th the Denton staff, we wdl ~dentrfy hkely tmprovements m roads, and m transit service that would be necessaryto support the proposed development destgn plan Budget $3,500 Fregonese Calthorpe Associates 4 Denton Downtown Plan Scope of Work August 4, 2000 Implementation (Implen~ntauon strategy' Key pubhc investments, expected results and benchmarks) A draft Master Plan document ~ be prepared that summarizes the results o£ the process, and explains the recommendauons Ttus would include a draft strateg,c plan for development n-nplementauon of the plan that contains the £ollowmg Strategic m~rastructure investments, Pubh¢-pnvate partnersh,ps, Regulauons for des,gn and other pubhc goals, such as affordable housing, Other stmteg,es as appropriate Funding Methods We w~l work w~th staff to ,demo a proposed capital unprovements budget, and funding methods, including tax increment financing, local unprovement d~smcts and other methods of developing the funds for improvements Budget $11,000 5F CommumcaUon A newsletter designed for w~de pubhc chstnbunon veil also be produced to briefly explains both process and recommendauons to interested commumty members Powerpoint presentauons ~ be produced and made available on video The phn will be produced and pnnted vath color, to be chstnbuted to interested stakeholders and members of the pubhc Dehverables Downtown design plan Downtown Design Standards Downtown parking management study Downtown transportauon and transit assessment Four before and after unages Final Report mcb,&ng Implementauon Strategic Plan Pubhc Newsletter Final Downtown Plan Document Budget $5,500 Develop Pilot Prolect As a pilot project, a partnersktp w~th a downtown property owner would be forged to develop a demonstrauon project that explores the feaslb,htyof keycomponents of the Denton Plan Poss,ble prolects would be a nmxed use bmldmg that brings ne,ghborhood serv,ces and housing to the Downtown, a hotel or entertainment use, a maxed use office and retail btuldmg, a major retail tenant, or other keystone downtown pro3ects that would enhanse the downtown environment The subtasks m ttm task would be Develop a set of cntena for a partnersbap Develop a set of criteria for a downtown project Fregonese Calthorpe Associates 5 Denton Downtown Plan Scope of Work August4, 2000 Develop a set of mcenuves that maybe made available for a pilot project Assist the Gtym recrmtmg interviewing, negouatmg, and selecting a private sector partner and project Assist m design rewew and zoning approval for the project Budget $12,500 (Note Tim would be contingent on the ctrcumstances eyastmg that would lead to a project, most maportantly, a willing and able private sector panner) Adoption Process: An esumate of the tame to adopt the document and ~ts maplementauon strategies w~th the Denton CaW Council Budget $14,500 Total $112,000 Fregonese Calthorpe Associates 6 Denton Downtown Plan Scope of Work August4, 2000 ORDINANCE NO AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH FREGONESE CALTHORPE ASSOCIATES TO PROVIDE PROFESSIONAL SERVICES FOR THE DEVELOPMENT OF AN OPEN SPACE PLAN AND A DOWNTOWN REVITALIZATION PLAN AS SET FORTH IN THE CONTRACT, AND PROVIDING AN EFFECTIVE DATE (PSA 2651 - PROFESSIONAL SERVICE AGREEMENT FOR OPEN SPACE PLAN AND DOWNTOWN REVITALIZATION PLAN AWARDED TO FREGONESE CALTHORPE ASSOCIATES IN THE AMOUNT OF $54,900 FOR THE OPEN SPACE PLAN AND $116,900 FOR THE DOWNTOWN REVITALIZATION PLAN, TOTAL AWARDED $166,900) WHEREAS, The professional servtces provider (the "Prowder) mentioned in thru orchnance is being selected as the most Nghly qualified on the basis of its demonstrated competence and quahflcatlons to perform the proposed professtonal servtces, and WHEREAS, The fees under the proposed contract are fair and reasonable and are consistent wtth and not higher than the recommended practices and fees pubhshed by the professtonal assoctattons apphcable to the Provlder's profession and such fees do not exceed the maxtmum provtded by law, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I The City Manager ts hereby authorized to enter tnto a professional serwce contract with the Provider, Fregonese Calthoxpe Assocmtes is to prowde Assistance m Implementatton of the Downtown Rewtahzatlon Plan and Open Space Plan, a copy of which ts attached hereto and incorporated by reference hereto SECTION li The Ctty Manager ts authorized to expend funds as reqmred by the attached contract SECTION III The findings tn the preamble of th~s ordinance are incorporated hereto by reference SECTION Yv' This ordinance shall become effective ~mmedmtely upon its passage and approval PASSED AND APPROVED this the day of ,2001 EULINEBROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY PSA 2651 - PROFESSIONAL SERVICES FOR OPEN SPACE PLAN AND DOWNTOWN REVITALIZATION ORDINANCE- 2001 PROFESSIONAL SERVICES AGREEMENT FOR OPEN SPACE AND DOWNTOWN MASTER PLANS STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT Is made and entered into as of the day of ,20 , by and between the City of Denton, Texas, a Texas mumc~pal corporaUon, w~th ~ts principal office at 215 East McKmney Street, Denton, Denton CounV/, Texas 76201, heremaf~ called "OWNER" and Fregonese Caithorpe Associates, voth its company office at 421 $.W. Sixth Avenue, State 1010, Portland, Oregon 97204, hereinafter called "CONSULTANT," acting hereto, by and through their duly authorized representatives WITNESSETH, that m consideration of the covenants and agreements hereto contmned, the part,es hereto do mutually agree as follows ARTICLE I EMPLOYMENT OF CONSULTANT The OWNER hereby contracts vath the CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services here~n m connection w~th the Project as stated m the sections to follow, w~th &hgence and m acco~tance with the lughest professional standards customarily obtained for such serwces ~n the State of Texas The professional servwes set out berem are m connection w~th the follovong described project The Project shall include, wthout hrmtat~on, the development of an Open Space Master Plan and a Downtown Master Plan. AgTICLE U SCOPE OF SERVICES The CONSULTANT shall perform the follovang services m a professional manner A The CONSULTANT shall perform all those services as necessary and as described m the OWNER's scopes of service for an Open Space Master Plan and a Downtown Master Plan, wluch ~s attached hereto and made a part hereof as Exhibit "A" as If written word for word hereto B To perform all those services set forth ~n CONSULTANT's proposal, wluch proposal is attached hereto and made a part hereof as Exlublt "B" as ~f written word for word hereto C CONSULTANT shall perform all those services set forth ua ~nd~wdual task orders winch shall be attached to flus Agreement and made a part hereof for all purposes as separate agreements D If there is any conflict between the terms of flus Agreement and the exhibits attached to this Agreement, the terms and condmons of this Agreement w~ll control over thc terms and condmons of the attached exhibits or task orders ARTICLE III ADDmONAL SERVICES Addmonal services to be performed by the CONSULTANT, if authorized by the OWNER, which are not included tn the above-described Basic Services, are descnbed as follows A Dunng the course of the Project, as requested by OWNER, the CONSULTANT w~ll be avmiable to accompany OWNER's personnel when meeUng vath the Texas Natural Resource Conservataon Comrmssion, U S. Enwronmental Protectaon Agency, or other regulatory agancles The CONSULTANT vail assist OWNER's personnel on an as- needed basis m preparing comphance schedules, progress reports, and providing general teohmcal support for the OWNER's compliance efforts B Assisting OWNER or contractor in the defense or prosecution of lmgat~on in connecuon vath or in addmon to those serwces contemplated by tlus Agreement Such services, if any, shall be furmshed by CONSULTANT on a fee basis negotiated by the respective pames outside of and m addmon to flus Agreement C Samphng, testing, or analys~s beyond that specifically included in Basic Services D Preparing apphcataons and supporting documents for government grants, loans, or planmng advances and providing data for detmled apphcataons E Appearing before regulatory agencies or courts as an expert vatness in any lmgat~on vath flurd parties or eondenmat~on proceedings amsmg from the development or constmcuon of the Project, ~ncludmg the preparation of engineering data and reports for assistance to the OWNER PERIOD OF SERVICE This Agreement shall become effectave upon execuUon of this Agreement by the OWNER and the CONSULTANT and upon issue of a not, ce to proceed by the OWNER, and shall remmn in force for the period which may reasonably be reqmred for the completion of the Project, mcluchng Addmonai Semaces, if any, and any requcred extcnslons approved by the OWNER This Agreement may be sooner terminated m accordance vath the provisions hereof T~me is of the essence in flus Agreement The CONSULTANT shall make all reasonable efforts P~e2 to complete the services set forth herein as expecht~ously as possible and to meet the schedule established by the OWNER, acting through zts City Manager or his designee ARTICLE V COMPENSATION A COMPENSATION TERMS 1 "Subcontract Expense" is defined as expenses lnCUlTod by the CONSULTANT In employment of others in outsid~ firms for services m the nature of N/A 2 "Dutect Non-Labor Expense" is defined as that expense for any assignment incurred by the CONSULTANT for supplies, transportation and eqtnpinent, travel, commumcat~ons, subsistence, and lodging away from home, and similar mczdental expenses in connectaon w~th that assignment B BILLING AND PAYMENT For and in cons~derauon of the professional serwces to be performed by the CONSULTANT hereto, the OWNER agrees to pay, based on the cost estmmte detml at an hourly rate shown in ExhibR "C" which is attached hereto and made a part of this Agreement as If written word for word hereto, a total fee, mchidlng rennbursement for chrect non-labor expenses not to exceed $166,900 Partml payments to the CONSULTANT will be made on the basis of detmled monthly stateinents rendered to and approved by the OWNER through Its City Manager or bas designee, however, under no cLrcumstances shall any monthly statement for services exceed the value of the work performed at the time a statement ~s rendered The OWNER may vathhold the final five percent ($%) of the contract amount until completion of the Project Nothing contmned m this Article shall reqture the OWNER to pay for any work which is unsatisfactory, as reasonably determined by the City Manager or bas designee, or which is not submitted tn compliance wtth the terms of flus Agreement The OWNER shall not be requuv, d to make any payments to the CONSULTANT when the CONSULTANT is in default under flus Agreeinent It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to flus Agreement which would reqmre addmonal payments by the OWNER for any charge, expense, or reimbursement above the mayamum not to exceed fee as stated, w~thout first having obtained written authorization from the OWNER The CONSULTANT shall not proceed to perform the serwces listed in Article IH "Addmonal Services," w~thout obtmmng prior written authonzatlon from the OWNER C ADDITIONAL SERVICES For additional services anthonzed in wrmng by the OWNER in ArRcle HI, the CONSULTANT shall be prod based on the Schedule of Charges at an hourly rate shown in Exhibit "C ' Payments for additional services shall Page 3 be due and payable upon subrmssion by the CONSULTANT, and shall be xn accordance vath subsectton B hereof Statements shall not be submitted more frequently than monthly D PAYMENT If the OWNER fails to make payments due the CONSULTANT for services and expenses w~ffun sixty (60) days after receipt of the CONSULTANT's undmputed statement thereof, the mounts due the CONSULTANT will be increased by the rote of one percent (1%) per month fi.om the said sixtieth (60th) day, and, m adchtion, the CONSULTANT may, after g~vmg seven (7) days' written not,ce to the OWNER, suspend services under flus AgreemenKuntfl the CONSULTANT has been paid m full all mounts due for services, expenses, and charges, provided, however, nntlung harem shall require the OWNER to pay the late charge of one percent (1%) set forth herein ff the OWNER reasonably determines that the work is unsatmfactory, m accordance vath tlns Arttcle V, "Compensat~un" ARTICLE VI OBSERVATION AND REVIEW OF THE WORK The CONSULTANT vail exercise reasonable care and due diligence ~n &scovenng and promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or any subcontractors or subconsultants ARTICLE VII OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the CONSULTANT (and CONSULTANT's subcontractors or subeonsultants) pursuant to flus Agreement are instruments of service, and shall become the property of the OWNER upon the termmanon of flus Agreement The CONSULTANT is entitled to retmn eop~es of all such documents The documents prepared and furmshed by the CONSULTANT are intended only to be applicable to flus Project, and OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense In the event the OWNER uses any of the mformanon or materials developed pursuant to flus Agreement in another project or for other purposes than specified herein, CONSULTANT ~s released fi.om any and all liability relating to thetr use m that project ARTICLE VIII INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER CONSULTANT shall not have or claim any right arising from employee status Page 4 ARTICLE IX INDEMNITY AGREEMENT The CONSULTANT shall mdemmfy and save and hold harmless the OWNER and its officers, agents, and employees from and agmnst any and all liability, clmms, demands, damages, losses, and expenses, including, but not lwmted to court costs and reasonable attorney fees incurred by the OWNER, and including, without lmutation, damages for bodily and personal ~njury, death and property damage, resulting from the negligent acts or omissions of thc CONSULTANT or its officers, shareholders, agents, or employees ~n the execulson, operaUon, or performance of tins Agreement ~ Noflung m tins Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall wmve any of the part~es' defenses, both at law or equity, to any clann, cause of action, or htigatmn filed by anyone not a party to this Agreement, including the defense of governmental immumty, winch defenses arc hereby expressly reserved ARTICLE X INSURANCE Dunng the performance of the services under flus Agreement, CONSULTANT shall masntam the following insurance with an insurance company licensed to do business m the State of Texas by the State Insurance Comnussion or any successor agency that has a rating vath Best Rate Carriers of at least an A- or above A Comprehensive General Lmbihty Insurance with bodily injury htmts of not less than $$00,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate B Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident, and w~th property damage limits of not less than $100,000 for each accident C Worker's Compansatmn Insurance in accordance with statutory requirements, and Employers' Liability Insurance with l~raits of not less than $100,000 for each accident D Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate E The CONSULTANT shall furmsh insurance ceruficatas or insurance policies at the OWNER's request to evidence such coverages The insurance policies shall name the OWNER as an additional insured on all such pohcles, and shall contmn a provision that such insurance shall not be canceled or modified without thirty (30) days' prior written notice to OWNER and CONSULTANT In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation, serve substitute pohc~es furmshmg the same coverage Page 5 ARTICLE XI ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The pames may agree to settle any disputes under tins Agreement by subrmtting the d~spute to arbitration or other means of alternate dispute resolution, such as mediation No arbitration or alternate dispute resolution arising out of or relating to this Agreement, lnvolwng one party's &sagreement, may ~n¢lude the other party to the d~sagreement vothout the other's approval ARTICLE XH TERMINATION OF AGREEMENT A Notwithstanding any other provision of tlus Agreement, e~ther party may terminate by giving thirty (30) days' advance wntten notme to the other party B Tlus Agreement may be terrmnated in whole or in part in the event of either party substantially fmhng to fulfill ~ts obligations under tlus Agreement No such termmaUon will be affected unless the other party Is given (1) written notice (dehvered by certified mml, return receipt requested) of intent to terminate and setting forth the reasons speelfymg the non-performance, and not less than thmy (30) calendar days to cure the ' fmlure, and (2) an opportumty for consultation w~th the tenmnatmg party prior to termmaUon C If the Agreement is terminated prior to compleUon of the services to be prowded hereunder, CONSULTANT shall ~mmethately cease all services and shall render a final bill for services to the OWNER w~tlun tlurty (30) days after the date of terrmnation The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed and for reimbursable expenses to termination ~ncurred prior to the date of termination, in accordance with Article V "Compensation" Should the OWNER subsequently contract w~th a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate m providing mformat~on The CONSULTANT shall turn over all documents prepared or furmshed by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination, but may mmntmn copies of such documents for its use ARTICLE XIII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the OWNER shall not constatute, nor be deemed a release of the rcspons~bthty and habthty of the CONSULTANT, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work, nor shall such approval be deemed to be an assumption of such responsibility by the Page 6 OWNER for any defect in the design or other work prepared by the CONSULTANT, its employees, subcontractors, agents, and consultants ARTICLE XIV NOTICES All notices, commumcatlous, and reports required or penmtted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same m the Umted States mini to the address shown below, cemfied marl, return receipt requested, unless otherwise specified herein Mailed notices shall be deemed commumcated as of three (3) days after mailing To CONSULTANT To OWNER John Fregonese City of Denton Fregonese Calthorpo Associates Michael W Jez, City Manager 421 S W Sixth Avenue, Suite 1010 215 East McKanney Portland, Oregon 97204 Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or vottun three (3) days after mailing ARTICLE XV ENTIRE AGREEMENT Tlus Agreement, consisting of pages and exluhits, constitutes the complete and final expression of the agreement of the pames, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior or contemporaneous offers, promises, representations, negotiations, discussions, commumcatlons, and agreements which may have been made in connection w~th the subject matter hereof ARTICLE XVI SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the retention of the stricken provision Page 7 COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereanafter be emended DISCRIMINATION PROHIBITED performing the serwces requLred hereunder, the CONSULTANT shall not discriminate agmnst any person on the basis of race, color, religion, sex, national ongm or ancestry, age, or physical handlcap PERSONNEL A The CONSULTANT represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement Such perSonnel shall not be employees or officers of, or have any contractual relations with the OWNER CONSULTANT shall inform the OWNER of any conflict of anterest or potential conihct of interest that may arise during the term of flus Agreement B All services reqtured hereunder wall be performed by the CONSULTANT or under its supervision All personnel engaged m work shall be qualified, and shall be authorized andl perrmtted under state and local laws to perform such services ASSIGNABILITY The CONSULTANT shall not assign any interest m flus Agreement, and shall not transfer any anterest an flus Agreement (whether by assignment, novation, or otherwise) without the prior wnttan consent of the OWNER MODIFICATION No wiuver or modlfieatiun of flus Agreement or of any covenant, eondmon, or hmltation herein contmned shall be valid unless an writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received an evidence in any proceeding arising between the partaas hereto out of or affecting flus Agreement, or the rights or obligations of the pamas hereunder, and unless such wmver or modification as m writing and lduly executed, and the part~es further agree that the provisions of this section wall not be waived unless as set forth herem Page 8 ARTICLE XXII MISCELLANEOUS A The following exhibits are attached to and made a part of this Agreemem (hst exhlb~ts) B CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the final payment under flus Agreement, have access to and the right to exanune any dtrectly pertinent books, documents, papers, and records of the CONSULTANT mvolvmg transactions relattng to this Agreement CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facilities and shall be prowded adequate and appropriate workang space m order to conduct audits m comphance wath flus sectton OWNER shall love CONSULTANT reasonable advance not,ce of intended audits C Venue of any stat or cause of action under tlus Agreement shall he exclns~vely in Denton CounV~, Texas Tlus Agreement shall be construed m accordance wath the laws of the State of Texas D For the put,pose of flus Agreement, the key persons who wall perform most of the work hereunder shall be John Fregonese However, noflung hereto shall limit CONSULTANT from using other quahfied and competent members of ~ts firm to perform the servxces reqmred hereto E CONSULTANT shall commence, carry on, and complete any and all projects wath all apphcable dispatch, m a sound, econouncal, and efficient manner and m accordance w~th the provxsmns hereof In accomphshmg the projects, CONSULTANT shall take such steps as are appropriate to ensure that the work revolved ~s properly coordinated wath related work being earned on by the OWNER F The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's dtsposal all avmlable mformataon pertinent to the ProJect, including prevtous reports, any other data relative to the ProJect, and arranging for the access thereto, and make all provtslons for the CONSULTANT to enter xn or upon pubhc and private property as reqmred for the CONSULTANT to perform services under th~s Agreemem G The captions of flus Agreement are for ~nformataonal purposes only, and shall not in any way affect the substantive terms or condmons of thxs Agreement Page 9 1N WITNESS HEREOF, the Cay of Denton, Texas has caused th~s Agreement to be executed by its duly authorized C~ty Manager, and CONSULTANT has executed this Agreement through ~ts duly authorized undersxgned officer on th~s the day of _, 20 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 CONSULTANT WITNESS Page 10 EXHIBIT A Scope of Work City of Denton Open Space Master Plan Introduction The Denton Comprehensive Plan envisions an extenmve system of open spaces for recreation, wlldiife enhancement, and flood control. Some of these open spaces can be protected through the land use regulations now being adopted by the Denton City Council Some, however, need additional methods to be used for acquisition. As w~th any project that involves the expenditure of funds or the acquisition of property, a strong public involvement program is essential. Tins scope of work outlines a relatively quick process, based on other successful models, to develop a list of potential open spaces, and the means whereby they may be protected or acquired These systems have been based on a wlllin~g seller commitment, and provide for many meana for protection, from outright acquisition to conservation easements to transfer of development rights. Denton County has expressed an interest in collaborating wath the City in protecting lands mthm the ETJ. This scope of work takes the County's part~c~pation into account. TASK 1 Estabhsh Open Space Database This task is to establish the nniverse of open and vacant lands that would mmamally qualify as open space for any reason. This would form the basis for the development of the final plan. Tins database would be developed from the Denton GIS system, modified and supplemented w~th various new data and recent aerial photography. TASK 2 Identify open space evaluation factors An evaluation method would be developed that would evaluate, with several criteria, the value of each open space area. The evaluation system could include factors such as: Areas with streams Tree Canopy Wildhfe Values Cuitural/historical values Accessibility to existing population Accessibility to future population Connectivity to other open space Wildlife Corridors Meets future park needs (Recreatmn) 1 These factors would be expressed in a GIS database and could be mapped, as well as used for further prlorltization. Task 3 Open Space Threat Assessment The next task is to develop a threat as~ment of open space. This would be based on looking at current zoning and the chances that development would preserve or threaten open space, and development trends, that would indicate the timing of any threat. Task 4 Neighborhood Workshops Tins task is to take this information to the neighborhoods m Denton and conduct hands-on workshops in the neighborhoods. Using high qoality maps of the area, these workshops would involve neighbors in reviewing the value and threat assessment, and providing for their input on thew assessment of the values of various open spaces that exist. We then would engage them m a priontization scheme, allowing them to set a priority when the have to make tradroffs. Task 5 Establish lmplementauon strategies This would be a review with the Denton City staff of the various tools available for reservation, and the steps for implementation of an open space plan. Such strategies could include: Transfer of Development rights Conservation easement purchase Land trust donations Fee Simple purchase City parkl funds City drainage funds Open Space bonds funded by property tax Dedicated sales tax Strategies involving Denton County and other entities Task 6 Establish pnonty list This next ,task is to develop a draft priority list, We advocate m developing a target area, w~th many more pareeis than are intended for purchase, and a target acreage, which m the amount 2 intended for purchase or protection. Then the City has many options, and rs not in the position of inversely condemning a particular property. Each target area would: Identify eligible parcels Identify preferred preservation method Identify target acreages in each target area Task 7 Develop plan The final step is to develop a final draft of the plan, documenting all steps and includmg a newsletter and video for presentations. Several Neighborhood Open Houses would be included Task 8 Plan adoptwn The consultant would participate in the plan adoptmn as needed. 3 EXHIBIT A Scope of Work Denton City Downtown Master Plan Introduction Denton% downtown Is both the historic center and the location of the best redevelopment potential m North Texas Denton offers a home town feel, closeness to the cultural and educational facthtles of the City, and the only opportumty for an urban lifestyle m the Denton area Because it is a historic city center, it contains a charm and feel that is unposslble to reproduce m newly developed nuxod use vdlages As demograplucs and hvmg preferences change, Denton's core can take advantage of these trends and opportumtles However, a comprehensive strategy is needed to coordinate the acUwUes of the pubhc sector and private businesses and investors This will look at market trends, and assess what the development potential is m Downtown Denton A development strategy wdl be developed, targeting ldcely and desirable Investment m the Downtown area Obstacles and opportumttes will be identified A detailed deslgnplan wdl be developed that wdl grade the public mvest~nents, and specific guidelines for the private sector development will be created A Capital Improvement Strategy will be developed, mchidmg sources of raceme including a number of sources Finally, a pubhc involvement strategy will be employed that will provide for input from the downtown commumty and the Denton commumty at large Task 1: Market Assessment for Downtown Denton Market Potential. A leading Econormcs firm will examine the dynarmcs of growth m the Dallas-For~ Worth Metroplex, and explore ways that it can be captured m appropriate ways As high technology mdustrxes continue to grow, the Denton area may be posmoned to shift from being a "splllover location' for manufacturing and warehousing activities, to being a preferred location for high-paying off.ice space As software design and mternet related coml~ames grow, these firms, which have v~rtually no manufacturing component, wall feel added pressures to find space that is both avadable and affordable Quality of life Is becoming the biggest factor m most corporate location dec~slons This strength will be key to addressing both "market driven' and design issues relating to the downtown Urban style housing has also been shown to be a growing and underserved sector, and Denton provides one of the few sites m the area that could provide housing w~th a downtown flavor This should also be considered m the context of the CBD F!nnlly, the urbane vitality of downtowns is not only unportant for drawing commumty members together, but is also an unportant reason for many business locations Consequently, retail and entertnmn~ent uses wdl also be examined Working with a local real estate econonust, we will determine what the market potenual for development m downtown Denton Recent developments, absorption and vacancy rates, leasing and rental rates, and other mthcators of economic activity will be chromcled Deliverables Mariner nnzlysls for downtown Current lease, rental, and absorption rate Potential market demand for office, retail, housmg, and potential barriers to their development Task 2: Parking~ Tr~naportation and Redevelopment Analysis This task is to update the current Redevelopment model with complete assessor's data, and update the assumptions for redevelopment with the reformation gleaned from the market assessment m Task I The redevelopment model calculates the potential feasibility of development of parcels In eddltlon, we will, w~th the assistance of the Denton Planning Department, evaluate existmg condmons w~th regard to parking usage and development or redevelopment opportumues m the Downtown area In flus task, the consultant will assemble a two-part spreadsheet model that shows the interaction between the exlsUng land and buddmg values m the area, and the effect of zomng codes on redevelopment potential (note this budds on the redevelopment analysis conducted m the Denton Development Code projec0 In addmon, we will include the module that calculates parking demand based on tune of day demand, and shows the advantages of shared parking and mixed-use areas Current transportation usage will also be mventoned, and we will work with the Denton Transportation staff to develop an assessment model for determining the needs of furore transportaUon facilities based on the plan These models (redevelopment, parhng, and transportation) wdl be used for analysis throughout the project A complete redevelopment and parking demand model requires an accurate inventory of current use, budding square footage, assessed value, lease and rental rates, and construeuon costs 2 Parlang and Transportation and Redevelopment Analysis Deliverables Downtown parlang demand analysis Parking Demand Model Redevelopment Opportumties Model Redevelopment Opportumtles Map Bmldout Summary Current transpormUon assessment Future Transportation modelmg methodology Task 3: Street Design. The design of public infrastructure will also play an unportant role Furthermore, most street-facmg uses can only be expected if on-street parking is provided, and fast-moving roads discourage pedestnan movement and acuvity Several of the area's arterial streets may have excess capacity and travel lanes that can be converted to on-street parking We will work with staff to determine the extent to which eXlstmg streets can be redesigned to balance the needs of all modes, and Fregonese Calthorpe Associates will collaborate with engineers to design attractive streetscapes that will attract appropriate forms of new development and establish a distmct identity for Denton 2 Str~tscape d~stgn Plan Dehverables Ideal streetscape designs for typical downtown streets Streetscapes apphed to specific areas of the downtown, modified as necessary Task 4: Workshop to develop a Plan 4A Workshop In a workshop format, stakeholders will have the opportumty to review apprexlmately 100 shdgs dep~ctmg a range of mad to high-density housing rating each image on a scale of 0 to + 10 depending on how much they l~ke or dlsl&e the image Scores wdl be talhed and then the group wdl rewew the ~mages w~th the lughest poslUve and negaave rannEs D~scuss~on wdl be facthtated to determine what parUcular design elements led to posmve or negauve ratings The result wdl be a catalog of preferred design features to be included m design gmdelmes for proposed projects tn the Downtown area 4B Refine Preferred Plan The maps produced by the workshop groups will be summarized and recurrent themes and development patterns wall be used to create a draft preferred vdlage plan Staff, the ad-hoc comrmt*.ee and the consultant wdl refine the vdlage plan based on the prewous parking, transportation and redevelopment analysis The refined plan wall be analyzed to determine what types of zoning changes wall be necessary to accomphsh the proposed density and use- rmx Tlus wall be done in a two day workshop, with the concepts and designs reviewed one day,i the design created the next, and rewewed with the participants the next mght Dehverables Newsletter advemsmg workshop OrgamTe and attend Denton workshop (2 days) Catalog of preferred design features Memo about preferred destgn features, necessary code changes Draft downtown design plan Task S: Implementation SA Dr~ft Downtown Destgn and Development Plan Using the redevelopment model and the proposed development mtensmes that were d~scussed m the workshop, we wdl produce a development plan, w~th site specific unprovements m street cross sections, pubhc open space and plazas, and buddtng footprints Tlus plan wdl be based on a 20 year bulldout based on reahsuc assessment of market condmons and redevelopment potenual 5B Draft D~s~gn Standards Draft actual code language and destgn standards These standards would use the new Denton Development Code as a basts, and would focus on design needs for the Downtown Workshops with a task force and presentations to Planning Cormmssion, Council, and interested commumty groups would be to review the draft Site Design Standards We wdl produce four before and after dlustrauons of key sites m Downtown, the before picture wdl be a digital panorama photograph, the after unage wdl be a water color based on the envisioned development strategy A draft Downtown Design and Review section of the Denton code would be produced, and supplied to the Planning Dep0a~,nent m digital form, including dlustrauons 5C. Parking. As the Downtown mtenslfies, comprehensive strategies for parking wall become increasingly unportant Shared parking, on-street parlong and mumclpal structures are among the strategies that will be incorporated into the Plan We will use our shared parking model and an inventory of on street and off street parking to produce a parking strategy that ts based on the development plan produced m 5A 5D Tran~portatlon and Tr~n~t. Working with the Denton staff, we will tdenufy hkely unprovements m roads, and m transit service that would be necessary to suppor~ the proposed development design plan SE Itnplementatton (Implementation strategy Key pubhc mvesunents, expected results and benchmarks) A draft Master Plan document wdl be prepared that summarizes the results of the process, and explains the recommendations Tlus would include a draft strategic plan for development unplementaUon of the plan that contains the following Strategtc infrastructure investments, Pubhc-pnvate pannerslups, Regulations for design and other pubhc goals, such as affordable housing, Other strategies as appropriate Funding Methods We will work with staff to ldant~fy a proposed capital unprovements budget, and funding methods, including tax increment financing, local unprovement d~stnets and other methods of developing the funds for nnprovements 5F Commumcatlon A newsletter designed for wide public thstnbuuon will also be produced to bnefly explains both process and reconunendations to interested commumty members Powerpoint 4 presentauons will be produced and made available on wdeo The plan will be produced and printed with color, to be distributed m interested stakeholders and members of the public Deliverables Dowhtown design plan Downtown Design Standards Downtown parking management study Downtown tr~nsportation and transit assessment Four,before and after unages Final Report including Implementation Strategic Plan Public Newsletter Final Downtown Plan Document Develop Pilot Project As a ,pdot project, a pannerslup with a downtown property owner would be forged to develop a demonstration project that explores the feasthdity of key components of thc Denton Plan Possible projects would be a mixed use budding that bnngs neighborhood services and housing to the Downtown, a hotel or enterta,mnent use, a mixed use office and retad braiding, a major retail tenant, or other keystone downtown projects that would enhance the downtown environment The subtasks m tins task would be Develop a set of criteria for a partnership Develop a set of criteria for a downtown project Develop a set of incentives that may be made available for a pilot project Assist the City m recruiting interviewing, negotiating, and selecting a private sector parmer and project (Note This would be contingent on the c~rcumstances exts~ng that would lead to a project, most unportantly, a wdlmg and able private sector partner ) Adoption Process: An estunate of the tune to adopt the document and its unplementaUon strategies with the Denton City Council [eggnese -Ualthorpe mlmfr ASSOCIATES Budget & Scope of Work City of Denton Open Space Master Plan Introduction The Denton Compreheus~ve Plan enwstous an exteas~ve system of open spaces for recreaUon, wtldhfe enhancement, and flood control Some of these open spaces can be protected through the land use regulat~oas now being adopted by the Denton C~ty Council Some, however, need addtuonal methods to be used for acquisition As w~th any project that mvolves the expenditure of funds or the acqmslt~on of property, a strong pubhc involvement program ~s essenttal Thts scope of work outlines a relatively qmck process, based on other successful models, to develop a hst of potenual open spaces, and the means whereby they may be protected or acqmred These systems have been based on a wdlmg seller comrmtment, and prowde for many means for protecuon, from outright acqmsmon to conservatJon easements to transfer of development rights The Denton County would be revolved and used as a partner m protecting lands m the Denton ETJ as appropriate TASK 1: ~tablish Open Space Database. Thts task ~s to estabhsh the umverse of open and vacant lands that would mmmaally qualify as open space for any reason Tius would form the basIs for the development of the final plan Tlus database would be developed from the Denton GIS system, modffied and supplemented wtth various new data and recent aerial photography TASK 2: Identify open space evaluatmn factors An evaluation method would be developed that would evaluate, w~th several criteria, the value of each open space area The evaluauon system could include factors such as a. Areas w~th streams b Tree Canopy c Wfidhfe Values Access~bd~ty to eYdstmg populaUon e Access~bthty to future populauon f Connect~wty to other open space g Wfldhfe Corridors h Meets future park needs (Racreat~on) These factors would be expressed m a GIS database and could be mapped, as well as used for further pnont~zaUon Task 3: Open Space Threat a~essment Fregonese Cal~horpe Associates 1 Denton Open Spa~e Plan Scope of Work Augu~ 4, 2000 The next task is to develop a threat assessment of open space This would be based on looks,rig at current zonmg and the chances that development would preserve or threaten open space, and development trends, that would indicate the ttmmg of any threat Task 4: Neighborhood Workshops This task is to take this reformation to the neighborhoods m DenWn and conduct a hand-on workshops m the neighborhoods Using high quality maps of the area, these workshops would revolve neighbors m reviewing the value and threat assessment, and providing for thetr input on thetr assessment of the values of various open spaces that exist We then would engage them tn a pnontlzatton scheme, allowing them to set a priority when the have to make tradeoffs Task 5: F.~tablish implementation Strategies. This would be a review with the Denton City staff of the various tools available for reservation, and the steps for implementatton of an open space plan Such strategies could tnclude o Transfer of Development rights o Conservation easement purchase o Land trust donations o Fee Simple purchase · City park funds · City drainage funds · Open Space bonds funded by · property tax · Dedicated sales tax o Strategies used tn cooperat]on with Denton County Task 6: Establish priority hst This next task is to develop a draft priority list We advocate mdeveloptng a target area, with many more parcels than are tntended for purchase, and a target acreage, which is the amount intended for purchase or protection Then the City has many opuons, and ~s not tn the position of reversely condemmng a particular property Each target area would · Identify eligible parcels · Identify preferred preservation method · Identify target acreages m each target area Fregonw ~t~hoq~ A~ocW 2 August 4, 200~ Task 7: Develop plan The final step is to develop a final draft of the plan, documenting all steps and including a newsletter and video for presontauons Sevend Neighborhood Open Houses would be included Task 8: Plan adoption The consultant would participate m the plan adoption as needed FregoneM) Calthorpe A~lates De~ton Opefl ~pace Ptan SGOIM Of WoM AUgUSt ~ 2OO0 ![eggnese L3lthorpe r. tBn' ASSOCIATES Budget & Scope of Work Denton City Downtown Master Plan Introduction Denton's downtown is both the historic center and the iocaUon of the best redevelopment potential m North Texas Denton offers a home town feel, closeness to the cultural and educaUonal facilities of the City, and the only opportunity for an urban hfestyle m the Denton area Because it is a hrstonc city center, ~t contains a charm and feel that ~s tmposslble to reproduce m newly developed mixed use villages As demograplucs and hvmg preferences change, Denton's core can take advantage of these trends and opponumties However, a comprehensive strategy is needed to coordinate the acUwUes of the pubhc sector and private businesses and investors Tins wdl look at market trends, and assess what the development potenual is m Downtown Denton A development strategy will be developed, targeting lflcely and desirable mveslment m the Downtown area Obstacles and opportumues will be ldenufied A detaded design plan will be developed that will grade the public investments, and specific gmdelmes for the private sector development wdl be created A Capital Improvement Strategy wdl be developed, including sources of mcome including a number of sources Finally, a pubhc involvement strategy vail be employed that will provide for input from the downtown commumty and the Denton commumty at large Task 1: Market Assessment for Downtown Denton Market Potential. A leading Econormcs firm wtll examine the dynamics of growth m the Dallas-Fort Worth Metroplex, and explore ways that tt can be captured tn appropriate ways As high technology mdustnes continue to grow, the Denton area may be pesmoned to shift from being a "sptllover location' for manufactormg and warehousing act~wties, to being a preferred location for high-paying office space As software design and mternet related compames grow, these finns, which have vu'tually no manufacturing component, wdl feel added pressures to find space that is both available and affordable Quahty of life is becoming the biggest factor m most corporate locaUon decisions Tins strength will be key to addressing both ~narket driven' and design issues relating to the downtown Urban style housing has also been shown to be a growing and underserved sector, and Denton provides one of the few s~tes m the area that could provide housing with a downtown flavor This should also be considered m the context oftbe CBD Finally, the urbane vltahty of downtowns is not only tmportant for drawing commumty members together, but ~s also an tmportant reason for many business locations Consequently, retad and entertainment uses will also be examined Worlong with a local real estate econormst, we will determine what the market potenual for development m downtown Denton Recent developments, absorption and vacancy rates, leasing and rental rates, and other indicators of economic acuwty will be chromcled Fregonese Calthorpe Associates 1 Der~on Downtown Plan Scope of Work August4, 2000 Bu. dget $12,500 Dehverables Market analysts for downtown Current lease, rental, and absorption rate PotenUal market demand for office, retad, housing, and potential banners to thexr development Task 2: Parking, Transportation and Redevelopment Analys~s Tlus task Is to update the current Redevelopment model with complete assessor's data, and update the assumpuons for redevelopment with the mfonnaUon gleaned from the market assessment m Task I The redevelopment model calculates the potenUal feas~bihty of development of parcels In additmn, we wdl, with the assistance of the Denton Plamung Depa~huent, evaluate ex~stmg cond~Uons w~th regard to parlang usage and development or redevelopment opportumt~es m the Downtown area In tins task, the consultant wdl assemble a two-part spreadsheet model that shows the interaction between the eyasUng land and budding values m the area, and the effcct of zoning codes on redevelopment potential (note tlus braids on the redevelopment analys~s conducted in the Denton Development Code proJect) In adthuon, we wdl include the module that calculates parking demand baaed on tune of day demand, and shows the advantages of shared parlong and nuxed-uae areas Current tranaportaUon usage wdl also be mventoned, and we wall work with the Denton Transportauon staff to develop an assessment model for determining the needs of furore tranaportauon facdmes based on the plan These models (redevelopment, parking, and transportauon) will be used for analysis throughout the project A complete redevelopment and parlang demand model reqmres an accurate mventor~ of current uae, bmldmg square footage, assessed value, lease and rental rates, and construcUon costs 2 Parlang and Transportatton and Redevelopment Analysts Budget $13,200 Dehverables Downtown parlong demand analys~s Park!n~ Demand Model Redevelopment Opportumttes Model Redevelopment Opportumties Map Buddout Summary Current transportauon assessment Future Transportation modelmg methodology Task 3: Street Design. Fregonese Cal~orpe AMoclates 2 Denton Downtown Plan Scope of Work August 4, 2000 The design of public infrastructure will also play an unportant role Furthermore, most street-facmg uses can only be expected if on-street parking is provided, and fast-moving roads d~scourage pedestrian movement and acuvity Several of the area's arterial streets may have excess capacity and travel lanes that can be converted to on-street parking We will work w~th staff to determine the extent to wluch existmg streets can be redesigned to balance the needs of all modes, and Fregonese Calthorpe Associates will collaborate with engmeers to design attractive streetscapes that will attract appropriate forms of new development and establish a chstmct identity for Denton Streetscape design Plan Budget $3,700 Deliverables Ideal streetscape designs for typical downtown streets Streetscapes applied to specific areas of the downtown, modified as necessary Task 4: Workshop to develop a Plan 4A Workshop Budget $11,500 In a workshop format, stakeholders wdl have the opportumty to review approyamately 100 slides depicting a range of rind to lugh-density housmg rating each nnage on a scale of 0 to 4-10 depending on how much they l~ke or dishke the unage Scores wdl be talhed and then the group will review the nnages with the lughest positive and negauve raungs D~scussion wdl be facdltated to determine what particular design elements led to positive or negative ratmgs The result will be a catalog of preferred design features to be mcluded m design guldelmes for proposed projects m the Downtown area 4B Refine Preferred Plan Budget $4,500 The maps produced by the workshop groups will be summarized and recurrent themes and development patterns will be used to create a draft preferred village plan Staff, the ad-hoc committee and the consultant wdl refine the village plan based on the previous parlong, tr~n.~portatlon and redevelopment analysis The ref'med plan will be zn.~lyzed to determine what types of zoning changes will be necessary to accomplish the proposed density and use- nux Tlus wdi be done m a two day workshop, with the concepts and designs reviewed one day, the design created the next, and reviewed with the participants the next mght Deliverables Newsletter advertising workshop Orgamze and attend Denton workshop (2 days) Catalog of preferred design features Freg~tle~ Calthotpe Associates Denton Dowrdown Plan Scope of Worl( August 4, 2000 Memo about preferred design features, necessary code changes Draft downtown design plan Task] 5: Implementation 5A Draft Downtown Design and Development Plan Usmg the redevelopment model and the proposed development intensities that were discussed m the workshop, we wtll produce a development plan, with site specdi¢ unprovements m street cross secUons, pubh¢ open space and plazas, and bmldmg footprints Tl~s plan w~ll be based on a 20 year bmldout based on reahsu¢ assessment of market condmons and redevelopment potential Budget $12,000 5B Draft Dostgn Standards Draf~ actual code language and design standards These standards would use the new DentOn Development Code as a basis, and would focus on design needs for the Downtown Workshops with a task force and presentations to Planning Comrmssinn, Council, and interested commumty groups would be to review the draft Site Design Standards We Will produce four before and after illustrations of key sites m Downtown, the before picture will be a digital panorama photograph, the after nnage wall be a water color based on the envisioned development strategy A draft Downtown Design and Review secuon of the Denton code would be produced, and supplied to the Planmng Department m digital form, including fllustrataoas Budget $2,000 5C. Parking. As the Downtown intensifies, comprehensive strategies for parking will become mcreasmgly unportant Shared parlang, on-street parlang and mumclpal strucntres are among the strategies that will be incorporated into the Plan We will use our shared parking model and an inventory of on street and off street parking to produce a parking strategy that is based on the development plan produced in 5A Budget $5,600 bi) Tr-nsportation and Transit. Worlang with the Denton staff, we will ldenufy l~kely nnprovements m roads, and m transit service that would be necessary to support the propgsed development design plan. Budget $3,500 Denton Downturn Plan $¢~pe of Wo~t~ A ugu~t 4, 2000 SE Implementation (ImplementaUon strategy Key public investments, expected results and benchmarks) A draft Master Plan document will be prepared that summarizes the results of the process, and explains the recommendations Tlus would include a draft strategic plan for development unplementatlon of the plan that contains the following Strategic infrastructure investments, Pubhc-pnvate pannerships, Regulations for design and other public goals, such as affordable housing, Other strategies as appropriate Funding Methods We will work with staff to identify a proposed capital improvements budget, ;md funding methods, including tax increment financing, local unprovement dmmets and other methods of developing the funds for improvements Budget $11,000 5F Commumcatmn A newsletter designed for wide public dismbution will also be produced to bnefly explains both process and recommendations to interested commumty members Powerpoint presentaUons will be produced and made available on wdeo The plan will be produced and prmted with color, to be distributed to interested stakeholders and members of the public Deliverables Downtown design plan DownWwn Design Standards Downtown parking management study DownWwn transportation and transit assessment Four before and after mmges Final Repol~ including Implementation Strategic Plan Public Newsletter Fma! Downtown Plan Document Budget $5,500 Develop Pilot Project As a pilot project, a partnership with a downtown property owner would be forged to develop a demonstration project that explores the feasibdlty of key components of the Denton Plan Possible projects would be a mixed use budding that brings neighborhood services and housing to the Downtown, a hotel or entenawiment use, a hinted use office and retail building, a major retail tenant, or other keystone downtown projects that would enha~se the downtown envu'omnent The subtasks m this task would be Develop a set of cntena for a partnership Develop a set of cntena for a downtown project Fregonese C~horpe Assoclat~ 5 Denton Downtown PIsn Soope of Wotk August 4, 2000 Develop a set of mcenuves that may be made avadable for a pilot project Assist the City m recrmtmg interviewing, negotlatmg, and selecting a private sector parmer and project Assist m design rewew and zomng approval for the project Budget $12,500 (Note Tius would be contingent on the circumstances extstmg that would lead to a project, most importantly, a willing and able private sector parmer ) Adoption Process: An estimate of the tune to adopt the document and ~ts lmplementaUon strategies w~th the Denton C~ty Council Budget $14,500 Total $112,000 Aganda No ~.,/_ Agenda AGENDA INFORMATION SHEET Date ~.~ AGENDA DATE. February 20, 2001 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Bruce Hemngton 349-7200 ACM: Kathy DuBose, Fiscal and Municipal Services i~ SUBJECT: An Ordinance accepting competitive bids and awarding a contract for the purchase of carpet for City Hall East, providing for the expenditure of funds therefore, and providing an effective date (Bid 2631 - Carpet, Accessories and Installation awarded to Carpet One/Floors Commercial in the amount of $22,200) BID INFORMATION: This bid is for the purchase of carpet, accessories, and installation for the Engmeenng Section of City Hall East The project consists of furnishings and installation of approximately 700 square yards of sheet carpeting, 5,000 square feet of vinyl tile, and approximately 2,824 square feet of rubber cove base The carpet will carry a 10-year warranty and tile and cove base will have a five-year warranty RECOMMENDATION: We recommend this bid be awarded to the lowest responsible bidder, Carpet One/Floors Commercial, in the amount of $22,200 PRINCIPAL PLACE OF BUSINESS: Carpet One/Floors Commercial Denton, TX ESTIMATED SCHEDULE OF PRO~IECT: Delivery and installation ~s estimated to be completed within 21 days after receipt of an order FISCAL INFORMATION: Funding for this project is available from CIP account (477-032-BLDG-0018-9101) Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet ATTACHMENT 1 TABULATION SHEET BID 2631 Date 1/11/01 CARPET, ACCESSORIES & INSTALLATION No I Qb/ I DESCRIPTION VENDOR Carpet One/Floors Commercial Pnnc~ple Place of Bus~ness DENTON, TX TOTAL BASE BID $22,200 1 ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF CARPET FOR CITY HALL EAST, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2631 - CARPET, ACCESSORIES AND INSTALLATION AWARDED TO CARPET ONE/FLOORS COMMERCIAL IN THE AMOUNT OF $22,200) WHEREAS, the C~ty has sohc~ted, received and tabulated competitive b~ds for the purchase of necessary materials, equipment, supphes or serwces m accordance w~th the procedures of State law and C~ty orchnances, 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, equipment, supphes or services as shown ~n the "B~d Proposals" subm;tted therefore, and WHEREAS, the C~ty Council has prowded m the C~ty Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supphes or serwces 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, supplies, or services, shown ~n the "B~d Proposals" on f~le ~n the off~ce of Purchasing Agent, are hereby accepted and approved as being the lowest responsible b~ds for such ~tems BID VENDOR AMOUNT 2631 Carpet One/Floors Commercial $22,200 SECTION FI That by the acceptance and approval of the above numbered ~tems of the submitted bids, the C~ty accepts the offer of the persons subrmtt~ng the b~ds for such ~tems and agrees to purchase the materials, equipment, supphes or serwces ~n accordance w~th the terms, specifications, standards, quantities and for the specd~ed sums contained m the B~d Inwtat;ons, B~d Proposals, and related documents SECTION IFI That should the C~ty and persons subrmtt~ng approved and accepted ~tems and of the subrmtted b~ds w~sh to enter into a formal written agreement as a result of the acceptance, approval, and awarchng 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, provided that the written contract is m accordance with the terms, conditions, specifications, standards, quantities and specified sums contmned ~n the Bxd Proposal and related documents hereto approved and accepted SECTION IV That by the acceptance and approval of the above numbered ttems of the submitted b;ds, the C~ty Council hereby authorizes the expenditure of funds therefor m the amount and ~n acoordance w~th the approved b~ds or pursuant to a written contract made pursuant thereto as authorized hereto SECTION V That this ordinance shall become effective immediately upon 1ts passage and approval PASSED AND APPROVED this day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 2631 - SUPPLY SERVICES ORDINANCE 2001 ~,genda Item, AGENDA INFORMATION SHEET Date ~/~/9,/,") [ AGENDA DATE: February 20, 2001 Questions concerning this acquisition may be chrected DEPARTMENT: Materials Management to Bruce Hemngton 349-7200 ACM. KathyDuBose, Fiscal andMumcipal Services ¢'-~3 ~ SUBJECT: An Orchnance accepting competitive bids and awarding a contract for the purchase of doors and door hardware, providing for the expenditure of funds therefore, and providing an effective date (Bid 2636 - Doors and Door Hardware for City Hall East awarded to Legacy Door Co in the amount of $29,072 28) BID INFORMATION: This bid is to supply doors, door hardware, and installation for the renovation of the Engineenng Section of City Hall East The project consists of furnishing and installing approximately 40 doors and an assortment of locks, hinges, handles, doorstops, and lack plates RECOMMENDATION: We recommend this bid be awarded to the lowest responsible bidder, Legacy Door Co, in the amount of $29,072 28 PRINCIPAL PLACE OF BUSINESS: Legacy Door Co Grand Prame, TX ESTIMATED SCHEDULE OF PROJECT: This project is estimated to be substantially complete 45 days after receipt of an order FISCAL ,INFORMATION: Fundmg for this project is available from CIP budget account (477-032-BLDG-0018 -9101 ) Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet 1515 Agenda ATTACHMENT 1 TABULATION SHEET BID' 2636 DATE 1/25/01 C.H E DOORS & DOOR HARDWARE NO I DESCRIPTION VENDOR Legacy Door ....... P'r, nc,ple' Placo' Of "Buslrles~ ....... Grand Prairie, TX TOTAL BASE BID $29.072 DELIVERY 45 DAYS ORDINANCE NO AN ORDiNANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF DOORS AND DOOR HARDWARE, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2636 - DOORS AND DOOR HARDWARE FOR CITY HALL EAST AWARDED TO LEGACY DOOR CO IN THE AMOUNT OF $29,072 28) WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and C~ty ordinances, and WHEREAS, the C~ty Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown m the "Bid Proposals" submitted therefore, and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown m the "Bid Proposals" on file In the office of Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items BID VENDOR AMOUNT 2636 Legacy Door Co $29,072 28 SECTION I~ That by the acceptance and approval of the above numbered items of the submatted bids, the City accepts the offer of the persons submmmg the bids for such items and agrees to purchase the materials, equipment, supphes or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained m the Bid Invitations, Bid Proposals, and related documents SECTION III That should the City and persons submitting approved and accepted items and of the submatted b~ds wish to enter into a formal written agreement as a result of the acceptance, approval, and awarchng of the bids, the City Manager or his designated representative ~s hereby authorized to execute the written contract which shall be attached hereto, provided that the written contract is in accordance w~th the terms, conchtlons, specifications, standards, quantities and specified sums contained in the B~d Proposal and related documents herein approved and accepted SECTION IV That by the acceptance and approval of the above numbered items of the subnutted b~ds, the C~ty Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein SI~CTION V That th~s orchnance shall become effective ~mmedmtely upon 1ts passage and approval PASSED AND APPROVED th~s day of ,2001 EULINEBROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 2636- SUPPLY-SERVICES ORDINANCE 2001 AGENDA INFORMATION SHEET AGENDA DATE: February 20, 2001 Questions concerning this acquisition may be directed DEPARTMENT' Materials Management to Ray Wells 349-7108 ACM Kathy DuBose, Fiscal and Municipal Services ~-~0/P~~ SUBJECT: An Ordinance accepting competitive bids and awarding a 3 year contract for the purchase of 69 and 138 Kva Circuit Breakers, prowchng for the expenditure of funds therefore, and providing an effective date (Bid 2638 - 69 Kva and 138 Kva Circuit Breakers awarded to Siemens Power Transrmss~on Distribution, Inc, estimated amount of $243,150) BID INFORMATION: This bid is for a three (3) year term contract to supply 69 Kva and 138 Kva Circuit Breaker for the Denton Mumclpal Electnc Substation Division The circuit breakers are used to upgrade existing substations and for constructJon of new installations We intend to order a mlmmum of one of each immediately, over the next three years we will purchase c~rcult breakers for the following substations Woodrow, Indusmal, kon Horse Intersection, Iron Horse Distribution and Denton North Distribution A three-year firm price agreement allows us to take advantage of a volume discount, standardization of clmmt breakers and fixed prices for construction budget purposes RECOM~MENDATION: We recommend this annual contract be awarded to the lowest responsible bidder, Siemens Power Transmission Dlsmbutlon, Inc in the amount of $49,150 each for 138Ky breakers and $31,900 each for 69Kv breakers PRINCIPAL PLACE OF BUSINESS: Siemens Power Transmission D~stnbut~on, Inc Jackson, MS ESTIMATED SCHEDULE OF PROJECT. Individual clrcmt breakers can be dehvered in 14-16 weeks after receipt of an order This price agreement is for 3 years and circuit breakers will be ordered as needed Agenda I,formatlon Sheet February 20, 2002 Page 2 FISCAL ~NFORMATION: The first acqms~tlon will be funded from Electric Revenue Bond Account (654-080-RB00-3620- 9217) Respectfully subrmtted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet 1524 Agenda ATTACHMENT 1 TABULATION SHEET BID 2638 Date 1/25/01 138kV 69kV CIRCUIT BREAKERS NO I DESC~!i~T!ON VENDOi~ VENDOR VENDOR VENDOR VENDOR ~i S~emens Power Keasler & ~ Transmission Pepco Alstom Associates Wesco ,, D~stnbut~on, Inc Principle Place of Business JACKSON, MS UNIONTOWN, OH CHALEROI, PA RICHARDSON, TX FT WORTH, TX 138kV, $F6 GAS, $49,150 00 $52,059 95 $49,130 00 $58,000 00 $56,756 00 1 CIRCUIT BREAKERS 69kV, SF6 GAS, CIRCUIT BREAKERS $31,900 00 $52,059 95 $31,950 00 NO BID $41,443 00 2 138kV, $F6 GAS, CIRCUIT BREAKERS $49,150 00 $52,095 95 $49,130 00 NO BID $58,459 00 3 2 YEAR PRICE 69kY, ~F6 GAS, CIRCUIT BREAKERS $31,900 00 $52,059 95 $31,950 00 NO BID $42,686 00 4 2 YEAR PRICE 138kV, $F6 GAS, CIRCUIT BREAKERS $49,150 00 $52,095 95 $49,621 00 NO BID $60,213 00 5 3 YEAR PRICE 69kV, 8F6 GAS, CIRCUIT BREAKERS $31,900 00 $52,095 95 $32,269 00 NO BID $43,967 00 6 3 YEAR PRICE TOTAL EVALUATED COST $243,150 00 $312,467 70 $244,050 00 NO BID $303,524 00 16-20 168-196 DELIVERY 30 DAYS 196-210 DAYS 20 WEEKS WEEKS DAYS ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A 3 YEAR CONTRACT FOR THE PURCHASE OF 69 AND 138 KVA CIRCUIT BREAKERS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2638 - 69 KVA AND 138 KVA CIRCUIT BREAKERS AWARDED TO SIEMENS POWER TRANSMISSION DISTRIBUTION, INC, IN THE ESTIMATED AMOUNT OF $243,150) WHEREAS, the City has sohclted, received and tabulated competitive bids for the purchase of necessary materials, equipment, 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 bids for the materials, equipment, supplies or services as shown m the "Bid Proposals" submitted therefore, and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS 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 Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such Items BID ITEM VENDOR AMOUNT 2638 1 Siemens Power Transmission Distribution, Inc $ 49,150 2638 2 Siemens Power Transmission Distribution, Inc $ 31,390 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, equipment, supplies or services m accordance with the terms, specifications, standards, quantities and for the specified sums contmned in the Bid Invitations, Bid Proposals, and related documents SECTION III That should the City and persons submitting approved and accepted items and of the subnutted bads wish to enter into a formal written agreement 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 contract which shall be attached hereto, provided that the wntten contract is in accordance with the terms, condations, specifications, 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 numbered items of the submitted bads, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herem SECTION V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 2638 SuPPLY-SERVICES ORDINANCE -2001 Agenda ,I O/QI_ AGENDA INFORMATION SHEET AGENDA DATE: February 20, 2001 Questions concerning this acquisition may be d~rected DEPARTMENT: Materials Management to Alex Pett~t 349-8595 ACM: Kathy DuBose, Fiscal and Mumclpal Services SUB~IECT: An Ordinance prowd~ng for the expenditure of funds for the pumhase of Pubhc Safety System Upgrade - Ancillary Software which ~s avmlable from only one source ~n accordance w~th the prows~ons of State Law exempting such purchases from requirements of competitive b~ds, and prowd~ng an effective date (PO 12576 to The Omega Group m the amount of $36,920 for Pubhc Safety System Upgrade Software) PURCIt,~SE ORDER INFORMATION. Th~s pumhase order ~s for the sole source acquisition of The Omega Group products "Cr~me V~ew", "F~re V~ew" software, required ESRI Software hcenses, associated tra~mng and one year of support Th~s software prowdes spec~ahzed tools for Pohce and F~re ut~hz~ng the new Pubhc Safety database and GIS mapping mformat~on "Crime V~ew" taps the Pohce database drawing spectfic mformat~on and then plotting ~t on our current ESRI GIS maps "F~re V~ew" does the same drawing from F~re database The Omega Group products are the only products to ~ntegrate the V~s~onmr software w~th our ex~stmg ESRI databases and focus on logical reports to fac~htate Pubhc Safety Sole Source materials, supphes or services protected by patent or copyright are exempt from the competitive b~d process as per Chapter 252 of the Texas Local Government Code RECOMMENDATION: We recommend Purchase Order 12576 to The Omega Group be approved tn the amount of $36,920 PRINCIPAL PLACE OF BUSINESS: The Omega Group San D~ego, CA ESTIM3qTED SCHEDULE OF PRO,IECT: Implementation of the "Crime V~ew" and "F~re V~ew" Software ~s scheduled to be completed by the rmddle of March 2001 Agenda I~formatlon Sheet February20, 2001 Page 2 FISCAL INFORMATION: Funding for thts package ts available from Technology Plan account (480-044-COMP-0110-- 9169) Respectfully subrmtted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Purchase Order 12576 to The Omega Group Attachment 2 Apphcable Price pages from The Omega Group Proposal 1516 Agenda ATTACHMENT 2 CrlmeV ew® and hreV ewTM Joint Proposal December 14, 2000 E. PRICING Two options arc avadable for the CnmeV~ew® 2 0 crime analys~s package and the hreV~ewTM 1 0 Fire and Emergency Response analys~s package based on your specific needs The Bundled Package comes complete w~th CnmeV~ew®2 0, hreVlewTM 1 0, ArcV~ew 3 2, Spatial Analyst 1 1, and Network Analyst 1 Ob software If you already have ArcV~ew 3 1 or higher, Spatial Analyst 1 1, and Network Analyst 1 Ob, The Omega Group recommends the CnmeV~ew® and hreV~ew TM Only Package E.1. Bundled Package (includes ESRI GIS software) The price of the Bundled Package ~s $36,920 Th~s package mchdes the following products and services · 1 hcensed copy ofCnmeV~ew®2 0 · 1 hcensed copy ofhreV~ewTM 1 0 · 2 hcensed cop~es of the following ESRI Software · Arc%ew 3 2 · Spatial Analyst I 1 · 1 hcensed copy of ESRI Network Analyst 1 Ob (only required for hre%ewTM) · CnmeV~ew® installation and training - two (2) days w~th two (2) persons · F~reV~ewTM ~nstallat~on and tmnmg - two (2) days w~th two (2) persons · One year of the Customer Support Package (see below) · Additional Profemonal Services · Five (5) ~mport scripts for CnmeV~ew® to facilitate future data ~mporttng · Two (2) ~mport scripts for hreV~ew TM to facilitate future data ~mportlng · Four (4) report templates for CnmeV~ew® · Four (4) report templates for FtreVtewTM · D~g~t~zmg of boundary and landmark data · Geocod~ng of three (3) months of ~nc~dent data for each apphcatlon · Project management · Travel for The Omega Group staff member to provide mstallatlon and tratmng (1 person/2 trips) E 2 CnmeV~ew® and FlreV~ewTM Only Package {does not include ESRI GIS software) The price of the CnmeV~ew® and hreVlewTM Only Package is $30,990 This package includes the following products and services 10 of 12 I~'~F-'OMEGA ORDINANCE NO AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF PUBLIC SAFETY SYSTEM UPGRADE - ANCILLARY SOFTWARE WHICH IS AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS, AND PROVIDING AN EFFECTIVE DATE (PO 12576 TO THE OMEGA GROUP IN THE AMOUNT OF $36,920 FOR PUBLIC SAFETY SYSTEM UPGRADE SOFTWARE) 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 eqtupment, 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 12576 The Omega Group $ 36,920 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 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 pursu~mt to smd contracts is hereby authorized SECTION IV That tl~s ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of ., 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 12576 - THE OMEGA GROUP SOLE SOURCE 01 Agenda No__~_~ Agenda Item A~NDA INFORMATION SHEET ~P~T~NT: ~a~nals ~ana~m~nt ~ Al~x P~tt~ ~4P-8~P~ ACM. Kathy DuBose, F~scal and Municipal Services ~~~ SUBJECT: An Ordinance awarding a contract for the purchase of BlndView Network Management security analysis and adrmmstratlon software as approved by the State of Texas General Serwccs Commission through a Qualified Information Serwces Vendor (QISV) catalogue, providing for the expenditure of funds therefore, and prow&ng an effective date (Purchase Order 12573 to BindView in the amount of $32,957) PURCHASE ORDER INFORMATION: The purchase order is for the acquisition of hardware and software required for security analysis of our network system BmdV~ew prowdes th~s analysis of thmr by-Control product To quote BindView's bv-ControlTM is the only complete security and configuration management soluuon for protecting complex and dmtnbuted enterprises by-Control prowdes in-depth security and admimstrat~ve analysis ensunng the ~ntegnty, security and performance of n~ssion-cntmal systems enterprise-wide bv-Control's cross-platform security and configuration management solutions ~mmechately detects vulnerabdlt~es w~thm the network and alerts security and system adrmmstrators of any critical ~ssues so that action can be taken to correct them - before users experience system downtime or performance issues B~ndV~ew is a QISV Certified suppber and the prices on pumhase order 12573 are d~rectly from their Catalogue approved by the State of Texas General Services Commission RECOMMENDATION: We recommend Purchase Order 12573 to BindView be approved m the amount of $32,957 PRINCIPAL PLACE OF BUSINESS: B~ndVlew Houston, TX Agenda Information Sheet February 20, 2001 Page 2 ESTIMATED SCHEDULE OF PRO,IECT: Project completion is estimated to be within 30 days of receipt of an order FISCAL INFORMATION: Funding for this network security enhancement ~s avadable from Technology Plan Account (468- 044-COMP-9847-9103) Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Purchase Order 12573 to BlndVlew Attachment 2 QISV Price Proposal from BmdVlew 1518 Agend~ ATTACHMENT 2 I:mmted by David Green Phone Number (877) 561-4172 Fax Number (713) 561-1172 Date November 6, 2000 Quote Expiration November 22, 2000 Quote Name 11-00 Quote Quote Number 0 5151 San Fellpe, 22nd Floor Houston TX 770,56 Sales Quotation For: James Ave~ Phone (940) 349-7262 City of Denl~n Fax (940) 349-8533 601 E Hiokory Ema~l jim avery~oltyofdenton eom Suite A Denton, TX 78205 1 G-NAM58-1 bv-Conb'ol for N~are - 8l~e ~ ~63 ~ St0 1~ 00 TRNNG~17- EM8 Como~ Cou~ (HSTN) - 1 Day 11 Pe~n 1 $695 00 $695 00 HSTNCON G M-N~-I Malnt~v-Co~ol ~ Ne~are 8ingle Se~r ~ $93 00 $2,~ 00 G-M-N~SU-t 00 Mal~an~ - b~Co~ol ~r NDS - 100 ~r 14 $213 00 $2,982 00 All values quoted In US Dollar (USD) Subtotal $32,937 00 Shipping $20 00 Total $32 957 00 Texas QISV Pricing The abovo sot~am Is licens~l under the terms and con(hr]ohs of th~ hccnsc agreement (hsplaycd by the ~nstallation pro,ram, which lnclud~ provmions for a hr~ted-tm~ r~ftmd Tho pa~son mgnmg below, If any, represents that h~ or sh~ is authorized to agree to tl~S sal~ quot~on as e binding contract on be~lf of thc above-named company BmdVlow I~v~lopme~t ~$ r~stcr~d to collect and r~mt sal~ tax m tho following states Cahforma, Florida. O¢~r~a, lllmots, Massachus4~t% Novada, Now York, Texas, Utah, Vu'g]ma, aM Washington Plcas~ add thc apphcablo sales tax to thc above quota amount and your purchase ord.' If tax ~x~mpt, pleasc include copy of tax excmptton ccrtaficate w~th your purchase order AGREED City of Denton, by S]8naturo and Data Pnnted Name and Title Pur~haso OM~ Nu~ THIS QUOTATION 18 CONFIDENTIAL Page 1 of 1 ORDINANCE NO AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF BINDVIEW NETWORK MANAGEMENT SECURITY ANALYSIS AND ADMINISTRATION SOFTWARE AS APPROVED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION THROUGH A QUAI,FFIED INFORMATION SERVICES VENDOR (QISV) CATALOGUE, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVDIING AN EFFECTIVE DATE (PURCHASE ORDER 12573 TO BINDVIEW IN THE AMOUNT OF $32,957) WHEREAS, pursuant to Resolution 92-019, the State Purchasing General Services Commission has sohcited, received and tabulated competitive bids for the purchase of necessary materials, equipment, 8upphes, or services in accordance with 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 herein described materials, equipment, supphes, or serwces can be purchased by the City through the General Services Commission QISV programs at less cost than the City would expend if b~dchng these items individually, and WHEREAS, the C~ty 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 herem, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered items m the following numbered purchase order for materials, eqmpment, supplies, or serwces, shown m the "Contract File" listed hereon, and on file in office of the Purchasing Agent, are hereby approved PURCHASE ORDER VENDOR AMOUNT 12573 BmdVlew $ 32,957 SECTION II That by the acceptance and approval of the above numbered ~tems set forth in the referenced contract, the C~ty accepts the offer of the persons submitting the bids to the Genaral Services Commission for such items and agrees to purchase the materials, equipment, supphes or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contmned ~n the b~d documents and related documents filed with the General Services Commissions, and the purchase orders issued by the City SECTION III That should the City and persons submitting approved and accepted items set forth ~n the referenced purchase orders wish to enter ~nto a formal written agreement as a result of the City's ratification of b~ds awarded by the General Services Commission, the City Manager :or h~s designated representative is hereby authorized to execute the written contract which shall be attached hereto, prowded that the written contract ~s in accordance with the terms, conditions, specifications and standards contmned In the Proposal submitted to the General Services Comrmss~on, quantities and specified sums contained in 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 in the referenced purchase orders, the City Council hereby authorizes the expenditure of funds therefor m the amount and in accordance with the approval pumhase orders or pursuant to a written contract made pursuant thereto as authorized herein SI~CTION V That th~s ordinance shall become effective immediately upon ~ts passage and approval PASSED AND APPROVED this day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY PO 12573 - BlndVlew - STATE OF TEXAS ORDINANCE (2 01) Agenda Item ,:~ ~z Date~u~Z AGENDA INFORMATION SHEET AGENDA DATE: February 20, 2001 Questions concerning this acqmslt]on may be directed DEPARTMENT: Materials Management to Alex Pettlt 349-8595 ACM: Kathy DuBose, Fiscal and Municipal Services ~-~-~~ SWjECT: An Ordinance awarding a contract for the purchase of CISCO SYSTEMS Catalyst 3548 and Catalyst 5,000 Hardware and Software 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 (Purchase Order 12577 to Innovative Technology Solutions in the amount of $40,535 15) PURCH4SE ORDER INFORMATION: This purchase order is for the acqmslt~on of Clsco hardware and software to cover two issues The first is the equipment required to add the additional 75 network connections for the Englneenng Department at City Hall East to our current data network This will also allow us to consolidate and implement 100 MB connectivity to all connections at City Hall East The second issue deals with module and memory upgrades to be centrally located in the existing Clsco Catalyst 5500 It wall allow us to more closely manage and control access to the Public Safety Network ,and to retire an outdated C~sco product The items listed are being supplied by Innovative Technology Solutions, a QISV approved vendor, and priced at or below State of Texas General Services Comnuss~on contract RECOMMENDATION: We recommend Purchase Order 12577 to Innovative Technology Solutions be approved in the amount of $40,535 15 PRINCIPAL PLACE OF BUSINESS: Innovative Technology Solutions Denton, TX ESTIMA~TED SCHEDULE OF PROJECT: Equipment delivery and mstallataon ~s estimated to be completed within 45 days after receipt of an order Agenda Information Sheet February 20, 2001 Page 2 FISCAL iNFORMATION. This will be funded from Technology Services fund account (468-044-COMP-9847-9103) Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Purchase Order 12577 to Innovative Technology SoluUons Attachment 2 QISV Catalogue based proposal from Innovative Technology Solutions 1520 Agenda ATTACHMENT $ o ~o~ ATTACHMENT 2 Proposal Denton Office Fort Worth Office 3801 135N Suite 126 2512 NE Loop 820 Denton TX 76207 Fort Worth, TX 76106 (940)387-0122 (817)625-9915 Bruce Mitchell Fax (940)383-1352 Metro (972)434-2835 Fax (817)625-9912 ~,~)-387-0122 X 710 See us on the web at www itepartnsr corn Mary Collins Wk 940-349-7283 Fax 940~349-8533 C~ty of Denton - Information System 601 E Hickory Denton TX 76205 Deliver Part Price Extended 1 ) WS.C3548.XL.EN ClSCO SYSTEMS Catalyst 3548 XI Feth 48pt Ri45 Stk Swch 4 3,321 68 13 286 72 Ent Ed 2) w$.x5302. CISCO SYSTEMS Catalyst 5000 Route Sw~tch Module 1 13,296 68 13 296 68 3) $CSRB$.f2fO5 ClSCO SYSTEMS Cisco Catalyst 5000 Series lOS 1 3 990 00 3,990 00 DESKTOP/IBM 4) MEM. RSM. f28M= CISCO SYSTEMS - COMMERCIAL Catalyst 5000 Rsm 1 I 596 00 1 596 00 128mb Dram 5) MEM.RSM-FLC2OM= CISCO SYSTEMS- COMMERCIAL Catalyst 5000 Rsm I 365 75 365 75 Flash Credit Card 20mb 6) LABOR install & Configure RSM and 3548s I 8 000 00 8,000 00 Proposal includes procurement, verificabon of product shipment, and product delivery to COD Information Serv;ces at NO CHARGE Innovat~ve Technology Solutions is a State of Texas Qualified Information Systems Vendor #1-75-245-7404-700 AIl products and labor are hsted on the General Services Commission State Contract Labor 8,000 00 Proposal Description ~ Subtotal 32,535 15 Pubhc Safety Network Upgrade ~ Tax 0 00 I TOTAL $40,535 15 Accepted by Date accepted Quote # 12320, printed Wed, Jan 31, 2001, 8 45 am Page 1 ORDINANCE NO AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF CISCO SYSTEMS CATALYST 3548 AND CATALYST 5,000 HARDWARE AND SOFTWARE 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 (PURCHASE ORDER 12577 TO INNOVATIVE TECHNOLOGY SOLUTIONS IN THE AMOUNT OF $40,535 15) WHEREAS, pursuant to Resolution 92-019, the State Purchasing General Serwces Commission has sohcited, received and tabulated competit~ve b~ds for the purchase of necessary materials, equipment, supphes, or serwces in accordance w;th the procedures of state law on behalf of the C~ty of Denton, and WHEREAS, the C~ty Manager or a designated employee has reviewed and recommended that the h~re, n described materials, eqmpment, supphes, or serwces can be purchased by the C,ty through the General Serwces Commission QISV programs at less cost than the C~ty would expend ff b~ddmg these ~tems md~wdually, and WHEREAS, the C~ty Council has prowded in the C~ty Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies, or services approved and accepted hereto, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered ~tems m the following numbered purchase order for materials, eqmpment, supphes, or services, shown m the "Contract File" hsted hereon, and on file m office of the Purchas;ng Agent, are hereby approved PI3RCHASE ORDER VENDOR AMOUNT 12577 Innovative Technology Solutions $40,535 15 SECTION II That by the acceptance and approval of the above numbered items set forth ~n the referenced contract, the C~ty accepts the offer of the persons submitting the b~ds to the General Services Commiss~on for such ~tems and agrees to purchase the materials, equipment, supphes or serwces m accordance w~th the terms, conditions, specifications, standardst quantities and for the specified sums contained m the b~d documents and related documents filed w~th the General Servxces Commissions, and the purchase orders ~ssued by the City SECTION Ill That should the C~ty and persons submitting approved and accepted items set forth ~n the referenced purchase orders w~sh to enter ~nto a formal written agreement as a result of the C~ty's rat~hcat;on of b~ds awarded by the General Serwces Commission, the C~ty Manager or h~s designated representaUve ~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, specificat~ons and standards contained m the Proposal submitted to the General Serwces CommAss~on, quantities and specified sums contained m the C~ty's purchase orders, and related documents hereto approved and accepted SI~CTION IV That by the acceptance and approval of the above numbered items set forth m the referenced pumhase orders, the C~ty Council hereby authorizes the expenditure of funds therefor ~n the amount and ~n accordance w~th the approval purchase orders or pursuant to a written contract made pursuant thereto as authorized herein SECTION V That th~s ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED th~s day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, C1TY ATTORNEY BY PO 12577 - Innovative Technology Soluuons STATE OF TEXAS ORDINANCE (2 01) Agenda item . ~,-,-~ AGENDA INFORMATION SHEET Date AGENDA DATE: February 20, 2001 Questions concerning this acquisition may be chrected DEPARTMENT: Materials Management to Alex Pettlt 349-8595 ACM: KathyDuBose, Fiscal andMumclpal Services ~ SUBJECT: An Orchnance awarding a contract for the purchase of Public Safety System Upgrade Servers and Workstatmns as approved by the State of Texas General Services Commission through a Qualified Information Serwces Vendor (QISV) catalogue, prov~chng for the expenditure of funds therefore, and providing an effective date (Pumhase Order 12578 to Dell in the amount of $279,879) PURCHASE ORDER INFORMATION: This item covers the pumhase of the eleven Computer Software Servers and seven Dispatcher Workstations mqmred to support the Pubhc Safety Upgrade This agreement provides us w~th the optimum hardware configuration, as recommend by the VlsionAlr Corporation, who is our software upgrade vendor The design engineers at Vls~onA~r provided Denton w~th a comprehensive specification designed to operate, manage, secure, and store the sensitive data mqmred by our Pohce and Fire Departments This system, which is built by DELL COMPUTER CORPORATION, meets or exceeds every aspect of the system specifications recommended by VlsionAir Included m this ~tem ~s the complete installation and initial configuration of all the servers and associated operating system software A full throe years of hardware support is also included in this item This source ~s hsted in the State of Texas QISV Catalogue Successful completmn of this project will provide the City of Denton with a "State of the Art" Public Safety System that will not only grow w~th the C~ty, but w~th technology as well Prices are equal to or less than those currently published in their QISV Catalogue approved by the State of Texas General Serwces Commission RECOMMENDATION: We recommend this purchase order to Dell be approved in the amount of $279,879 PRINCIPAL PLACE OF BUSINESS: Dell Austin, TX Agenda Information Sheet February 20, 2001 Page 2 ESTIMATED SCHEDULE OF PROJECT: We antm~pate dehvery of hardware ~n one week and full ~mplementat~on w~thm two weeks from receipt of an order FISCAL INFORMATION: This Pubhc Safety System Upgrade wall be funded from Technology Plan Account (480-044- COMP-0110-9169) Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Purchase Order 12578 to Dell Attachment 2 Price Proposal from Dell Attachment 3 Page 1 QISV Catalogue 1521 Agenda ATTACHMENT ~E o~ E~ DELL MARKETING LP ATTACHMENT 3 DELL MARKETING LP VID# lli-74.261.68os-4oo I ONE DELL WAY BLDG 8 BOX 7 Address ROUND ROCK TX 78682 Contact II':aUCK"OO~A~ I Phone ;12-723-2983 I Fax ;12-283-9092 I E-mml 2huck~BoormanC~,dell.eom I IClassll20411eomPUTER ~DWA~ A~D PERiPHERALS FOR M~CROCOMPUTERS I~o IIC~met~ and Cases Desktop Cases, Tower Cases, Drive Cab,nets, etc 113 []Cables Pnnter, Disk, Network, etc 1~4 lilacs, D,g,t~,,For Windows <Incluchng L,qmd Crystal D,splay) i t IlCmps Accelerator, Graplucs, Math Co-Processor, Memory (RAM and ROM), Network ° IIs MMs, etc Il9 IlcommumcauonBoards Fax, Modem (!ntemal), etcI 120 IlCommumoaUon Control Umt~ Concentrators, Mult,plexors, Couplers, etc 124 liCon~olle., Prog~an~mable tndu~t.~ Control Dev,ces, Robot~, ctc [ []Data Entry and Remote Job Entry Devtces, Vmee Activated Vome z~ ]]D,g~t,zatlon, Speech Synthesizers, ete Voice Recogmt~on, I~ liD.yes, Compact D,sk (CD ROM, etc) la4 IID~ves, F~oppy D,sk I~ IID,~vas, Har~,xed D,sk 1~7 IID-ves, T~pe ~.9 Expans,ordA¢celerator Boards Hard Drive Controller Cards, Memory, Processor, SCSI, I-- IIV,deo Cards,etc _ 146 IlXmagmg Systems, M,crocomp~r http//www gsc state tx us/ecaffvendor/1742616805400 html 2/1/2001 ORDINANCE NO AN ORDINANCE AWARDD,IG A CONTRACT FOR THE PURCHASE OF PUBLIC SAFETY' SYSTEM UPGRADE SERVERS AND WORKSTATIONS 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 (PURCHASE ORDER 12578 TO DELL IN THE AMOUNT OF $279,879) W[[-IEREAS, pursuant to Resolution 92-019, the State Purchasing General Services Comrmsslon has solicited, received and tabulated competitive bids for the purchase of necessary materials,! equipment, supplies, or services in accordance with 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 herein described materials, equipment, supplies, or serwces can be purchased by the City through the General Services Conumsslon QISV programs at less cost than the City would expend if bidding these items lnchvldually, and WHEREAS, the City Council has provided in the C~ty Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supphes, 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 purchase order for matermls, equipment, supplies, or services, shown in the "Purchase Order" hsted hereon, and on file in office of the Purchasing Agent, are hereby approved PURCHASE ORDER VENDOR AMOUNT 12578 Dell $279,879 SECTION II That by the acceptance and approval of the above numbered ~tems set forth in the referenced contract, the City accepts the offer of the persons submitting the bids to the General Services Commission for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, condmons, specifications, standards~ quantities and for the specified sums contained in the b~d documents and related documents filed with the General Services Commissions, and the purchase orders ~ssued by the City SECTION llI That should the City and persons submitting approved and accepted items set forth in the referenced purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the General Services Commission, the City Manager or his designated representatsve is hereby authorized to execute the written contract which sh~,ll be attached hereto, provided that the written contract is in accordance w~th the terms, condmor~s, specifications and standards contmned in the Proposal submitted to the General Services Commission, quantities and specified sums contained in the City's purchase orders, and related d6cuments herein approved and accepted SECTION IV That by the acceptance and approval of the above numbered items set forth in the referenced purchase orders, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approval purchase orders or pursuant to a written contract made pursuant thereto as authorized hereto SECTION V That th~s ordinance shall become effective ~mmed~ately upon its passage and approval PASSED AND APPROVED this day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY PO 12578 - Dell STATE OF TEXAS ORDINANCE (2 01) ~,genda Item AGENDA INFORMATION SHEET AGENDA DATE' February 20, 2001 Questions concerning this acquisition may be chrected DEPARTMENT: Materials Management to Alex Pettlt 349-8595 ACM. Kathy DuBose, Fiscal and Mumclpal Services /~' ~q~x0./v SUB~iECT: An Orchnance of the C~ty Council of the City of Denton, Texas authorizing the City Manager or his designee to execute a software hcens~ng agreement and related agreements between the City of Denton, Texas and Sp~ndlemedla, Inc, a Qualified Information Systems Vendor ("QISV") of the State of Texas for Tax Software and Related Services, authorizing the expenditure of funds, and providing for an effective date (Purchase Order 12583 to Splndlemedla, Inc m the amount of $117,708) PURCHASE ORDER INFORMATION: The attached purchase order ~s for the acquisition of a client server based property tax software system and related services as outlined m the contract agreement attached to the ordinance The existing tax software is outdated, cumbersome and inefficient No support is available for the system or language m which ~t ~s written An evaluation committee of staff members evaluated several Windows based tax software purchases and chooses Tax Office 2000 to provide the most productive work enmronmcnt The research included demonstrations and site visits to ASIX, Inc Protec, H T E, Inc, CPC Software, Ptax, Gas and Tax Office 2000 RECOMMENDATION: We recommend Purchase Order 12583 to Spmdlemedla, Inc be approved m the amount of $117,708 for the purchase of the Tax Office 2000 software package PRINCIPAL PLACE OF BUSINESS: Splndlemecha, Inc Fort Worth, TX ESTIMATED SCHEDULE OF PROJECT All servers provided in the agreement are to be completed no later than July 1, 2001 FISCAL INFORMATION. Funding for this new Property Tax Software is available from Technology Plan Account (468- 040-COMP-9807-9103 Agenda Informataon Sheet February 20, 2001 Page 2 Respectfully subn~tted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Purchase Order- 12583 to Sp~ndlemed~a, Inc Attachment 2 Proposal from Spmdlemecha, Inc Attachment 3 QISV Cert~ficataon 1529 Agenda Attachment ATTACHMENT 2 Exhibit B Cost Summary 2/7/2001 Denton TAX SERVER Denton IT Pill 733MHZ MHz W/256K RACK MOUNTED 512MB MEMORY 18 2 GB ULTRA3 RAID 10KRPM HOT- PLUGGABLE DLT TAPE 20/40 I 44MB FLOPPY & CD ROM 10/100 FAST ETHERNET WIN 2000 SER, SQL SER 7, Denton IT CRYSTAL REPORTS 8, COMPAQ SYSTEM RACK RACK MOUNT MONITOR Denton IT LIPS POWI~R FOR 3 SERVERS RACK MOLeNT KEYBOARD TAXO~IcE 2000 LEVEL1 $ 33,250 $ 8,600 TRAININO $ 7,500 INSTALLATION/CONFIGURE $1,500 DATA CONVERSION $1,500 Denton IT PENTIUM III 733MHz DUAL PROCESSOR 256K CACHE 512 ME MEMORY 18 2OB PLUGGABLE RAID W/ULTRA 3 10K 10/100 FAST ETHERNET I 44 FLOPPY/CD ROM MS 2000 SERVER E-SOLUTION TAX WEB SYSTEM $18,995 $ 2,995 I-NET UTILITY SUITE $ 2,964 INSTALLATION/CONFIOURE $ 3,200 TRA~ING $1,200 (CONTINUE]D) I Denton IMAGE-SI~RVER Denton IT PENTIUM III 733MHz DUAL PROCESSOR 256KCACHE 512 MB MEMORY 18 2OB PLUGOABLE RAID ULTRA 3 10K RPM 10/100 FAST ETHERNET I 44 FLOPPY & CD ROM MS Server 2000 HP Jb'K~ BOX 80EX 830B $ Dcnt~n IT OPTICAL ARCHIVE MOIC $ Denton IT IMAOEWORI~ SQL EDmON $ 5,999 COMPAQ IMAOINO WK,qTATION $ DenOn IT SCAN, VIEW & PRINT NCR 7731 wrm IMA~E~ OCR, $ CONTEOLLER STATION $ Denton IT IMAGEWORKS RPS INTERGRATION $ 34,200 $ 6,800 TRAINING $ 4,200 INSTALL/CONFIOURE $ ATTACHMENT 3 ~;eneral Services Commission Oma Slmll 1711 San JaUnts - PO, Box 13047 T.m Ctdlal~ .q' plq Austm, Tams 78711.3047 Web Stt~. www,$~.smte ~ us (512) 463-3035 ,I~A Idu~w June 26, 2000 Spindismedl~, lac Gh~ Onlay 307 W 7th 8treat, Suite 902 Fort Wodh, TX 76102 RE VIDtV 1-78-260-2239-100 QtgV Catalogue Pur~m~ing Program Dear Mr Onley Your company him been dmignatod aa a Qualified InfomletJon Systems Vendor (QIaV) with tm Goneml 8ervloze,Cammis~lon (GAG). With this dmelgnedon yaur (x)mpany Im~ been ~l)proved to merkd the cornpumr and'or telm~mmunioBdon ixoduath/aervk~Be em ~0~oved in your QIaV (~dadogue appll~on. If your mm~my submitted a pap~smd catek~gua with your applk~tlon you have 45 ,mlendnr daw from the date of 911o letter to submit ~ rrm~ the URL requb'emente or the program as outlined in (]8C Guideline 8tetemant WQO80t, Ul~yors.l Raa.urmt t.amitor tLIRL~ and E. mell To mail'train your QIS'V status tha~e m requlremant~ that must be met on an ongoing 13isis ~ nMB tirol fsllurm to meet theme rmqulmmantl ~ould rmeult In aulpwnmion from thll program. ~ requlremm.4s ant' 1) To m,mlntain the approved ClISV catalogue on the intamat as Indicated In the (]SC Guideline Statement ~IQOS01, 2} Mellltain an a~tlve atetus On the O8~ Centralized Mmstar Btdder~ LImt (CMBL}, Including but not limited to paying tem~ and meeting oth~ requlremant8 ae designated by the CMBL. 3) Provide the program with an annual report datalllng the volume an ValUe of orderB placed by asct~ eligible entity per G$¢ (]uldmllne Statement Y~IgB04; and 4) Llpctata the program with the most current information concerning your (x~npany Chmngm,~ to products or aervk:me provided, Including ~, mu~t follow (]SC. (]uidellrm Statement ttQ9802 State a0~l~8 are required to utl~lzm thhl program when making purr. hazes for oommoditle, and .ervl~ pertaining to this program (]8C Cooperalive Purchasing Program members arm also aHglble to uae this program This eligible purchasing, antithm hove full authority to utilize thio program You may wi,*h to view our intomat home page at httpJwww gsc rata tx.u~/~tpuroh/qis¥ html for the guideline slatemanto and aciditlanel Informattan about the program. We look forward to your (x)ntlnued ouGos~s with this program lind the Stats of T.0(tm. If you need to oonta~t tho program, you may do 8o at 512.463-8889, fax 512- 463-3508 or E.maJl gso.qbv~gso date Ix us Ctltslogua Purchaelng cc Catalagua Vendor ilia ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AU- THORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A SOFTWARE LICENSING AGREEMENT AND RELATED AGREEMENTS BETWEEN THE CITY OF DENTON, TEXAS AND SPINDLEMEDIA, INC, A QUALIFIED INFORMATION SYS- TEMS VENDOR ("QISV") OF THE STATE OF TEXAS FOR TAX SOFTWARE AND RE- LATED SERVICES, AUTHORIZING THE EXPENDITURE OF FUNDS, AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, Splndlemedla, Inc is a Qualified Information Systems Vendor ("QISV") of the State of Texas, and WHEREAS, the proposed contracted-for goods and services fall within the scope of said QISV status for the purposes of the Catalog Purchasing Method prescribed by Chapter 2157 of the Texas Government Code, and WHEREAS, upon the evaluation and recommendation of staff, the City Council has pre- vlously determaned that the contracted goods and services represent the best value obtainable for said goods and services, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The City Manager, or his designee, is hereby authorized to execute an agreement between the City of Denton and Splndlemecha, Inc, for tax software and related ser- vices, substantially in the form of the attached agreement This authorization includes authoriza- tion to sign related documents that are made a part of or are referenced in the attached agree- ment SECTION 2 The City Manager is authorized to make the expenditures as set forth in the attached agreement and exhibits made a part thereof SECTION 3 This ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY Purchase Order 12583-Spmdlemecha Inc -QISV ORDINANCE Page 2 SOFTWARE LICENSING AGREEMENT THIS AGREEMENT ("Agreement") ~s hereby entered into between the City of Denton, Texas, a Texas home rule mumc~pal corporatmn whose ofhces are located at 215 McKanney, Denton, Texas m Denton County, Texas ("Lmensee") and Sp~ndlemedla, Inc, a Texas corporation, whose offices are located at 210 6th St, State 1005, Fort Worth, Texas 76102 CL~censor") on the following terms and cond~uons 1 Definmons (a) "L~censor" "Owner" or "Spmdlemed~a" means Spindlemedla, Inc , a Texas corporation with a pnncipal place of bus~ness at 210 6th St, State 1005, Fort Worth, Texas 76102 (b) "Licensee" or "C~ty" or "C~ty of Denton" means the C~ty of Denton, Texas, U S A, a Texas home rule mumclpal cotporauon with ~ts pnnc~pal place of business at 215 E McFanney, Denton, Texas 76266 (c) "Effective Date" rs the last date of signature of a party as set forth below (d) "Software" means a set of ~nstruct~ons consrstlng of symbolic languages, processes and logic routines in machine executable form used in the operation of computer eqmpment applied to the performance of specffic tasks (d) "L~censed Software" means the Software, including any Updates or part(s) thereof, listed on any exhibit or attachment to th~s Agreement, and which ~s commonly called Tax Office2000 (e) "Use" means copying of all or any pomon of the Licensed Software from storage umts or med~a into a computer or using any software in the course of computer operaUon (f) "In-house" means used only for adrmnrstratwe purposes by the City of Denton, Texas, which purposes shall include use ~n any city-owned, leased, or other specifically designated c~ty facilities of the C~ty of Denton, Texas (g) "Trade Secret" or "Confidentml Information" means any bus~ness, techmcal or other ~nformat~on d~sclosed by a party which, at the t~me of disclosure, (a) derives independent economic value, actual or potenual, from not being generally known to, and not being readily ascertmnable by proper means by, other persons who can obtmn economic value from ~ts d~sclosure or use, and (b) rs the subject of efforts that are reasonable under the c~mumstances to matntmn secrecy (h) "DP Professional" shall mean any ~nchv~dual or business whmh supphes others with computer eqmpment, software or professmnal adwce regarding such Computer manufacturers, dealers, chstnbutors, retml stores, original eqmpment manufacturers ("OEMs"), ~ndependent sales organizations CISOs"), system ~ntegrators, software C ~Dccuments and Semngs~steve~My DocumentzXDenton Contracts\Spmdlemedla Ltcense Agrmnt 4 doc houses, and data pmcessmg consultants are examples of DP Professionals (0 "Documentation" means all pnnted or electromc documentation whmh L~censor customarily prowdes or makes avmlable w;th the Lmensed Software The partxes agree that "Documentation" ~ncludes all Updates of such documentation and further specffically includes four (4) user's manuals, which dettul the features and funct~onaht~es of the licensed software The part, es further agree that "Documentation" includes any and all written commumcat~ons from L~censor to Dcensee regarding the charactenstacs of the L~censed Software that may be integrated into this Agreement as exhibits or attachments (j) "Update" means (a) any pubhshed rews~on or correction to the Documentation, and (b) any correct~on, enhancement, replacement, evolution or new release (including beta versmns) of the L~censed Software, except for those reasonably designated as new products for whmh Lacensor charges separately (k) "Software Servmes" or "Software Maintenance Services" means the services whmh Iacensor prowdes to Lmensee pursuant to the terms and conaht~ons set forth ~n that eertmn Software Mtuntenance Agreement of even date, entered into between the pamesa copy of whach ~s attached hereto as Exhth~t "A" and ~ncorporated bereln by reference (the "Software M~untenance Agreement") (1) "Warranty Period" means the twelve (12) month period beginning on the date that the Iace~sed Software ~s first used operattonally by the L~censee 2 Software Iacense Licensor hereby grants to Dcensee dunng the term of th~s Agreement a non-exclusive hcense (the "Iacense") to use the Tax Office2000 software (the "Lmensed Software") solely for Ltcensee's m-house use upon payment of the hcense fee set forth In th~s agreement Payment of the hcense fee ~s solely for the right to use the [acensed Software pursuant to the terms and concht~ons of th~s Agreement and does not constitute the purchase of the Lmensed Software or of any right or tttle thereto 3 lanutat~ons Use of the L~censed Software ~s restricted to Dcensee Lmensee shall not copy the Lmensed Software onto any other computer hardware of Dcensee w~thout Licensor's consent, nor shall Lmensee permit a third party to copy the Lmensed Software L~censee shall not have the right to further sub-hcense the Lmensed Software or any part thereof L~censee shall not assign or otherwise transfer, or cause to be transferred, the Dcensed Software or any part thereof, by operation of law or otherwise, chrectly or tnchrectly, ~ncludlng but not hmlted to, through any joint venture or ~n combination w~th any other person or entity L~censee shall not morhfy or cause to be modified by any thxrd party the Lmensed Software or any part thereof 4 propnetar~ R~ghts (a) .Covered Software Licensee acknowledges and agrees that the Licensed Software, including the original and all copxes thereof, xn whole or in part, ~ncludmg all copyright, patent, trade secret and all other ~ntellectual and proprietary rights thereto, are and remain C ~,Documents and Setungs~stevehMy Documents~Denton Contracts~3pmdlemedm L~¢ense Agnnnt 4 doc the sole and exclusive property of the L~censor Dcensee shall take all necessary and reasonable steps to keep the Lacensed Software under adequate security to insure that no unauthorized copies or uses are made thereof and to protect the conf~dent~ahty of the L~censed Software L~censee agrees to notify Licensor lmmechately of the existence of any c~reumstances surrounding any unauthorized knowledge, possession or use of the Licensed Software or any part thereof by any person or entity Licensee understands and agrees that all aspects of the L~censed Software are the trade secrets of L~censor, including but not hnuted to the following systems design, modular program structure, system logic flow, f~le content, wdeo and report formats, coding techmques and routines, file handhng, and report and/or forms generation Notwithstanding the above, ~t Is expressly agreed and understood that Lacensee mamtmns the right to extract and convert ~ts data, or to hire third parties to do so on Its behalf, to Interface w~th other apphcat~ons and to generate reports, and the part,es contract and agree that such act~wtles shall not, by themselves, constitute an actionable tort or breach of contract w~th respect to L~censor's cloamed trade secrets (b) L~¢ense to Custom Work Product Lacensor shall own all right, t~tle and interest ~n and to all Improvements, enhancements and all custormzed work product ~ndependently created by L~eensor, independently or on behalf of L~censee pursuant to this Agreement (hereinafter the "Custom Work Product") L~censee ~s granted a poad-up, perpetual, non- exclusive hcense to use the Custom Work Product ~n object code form (c) Source Code Iacensor w~ll prowde L~censee the latest version of the apphcat~on source code to be stored ~n a designated safety deposit box Licensee shall have full access and rights to the source code ~n the event that Lacensor should materially default m ~ts obhgatlons to L~censee, or terrmnate th~s Agreement other than as permitted m accordance w~th the language berem, excluding a good froth d~spute regarding an uncured and material breach or default of this Agreement by Licensee The Source Code shall be used for continued use and moantenance of the software only All intellectual and proprietary rights shall continue to remoan ~n L~censor subsequent to the release of the source code or termination of th~s Agreement 5 Fees and Payments (a) L~cense Fee In consideration for the License granted hereunder, L~censee agrees to pay to Licensor the hcense fee ~n the amount of $! 17,708 00 (the "Dcense Fee") which ~s due and payable as prowded in Subsection 4(c) below The License Fee Includes the purchase of those ~tems listed on the quote attached hereto as Exhibit "B" which is incorporated herein by reference (b) Taxes The License Fee ~s exclusive of and the Licensee ~s responsible as may be reqmred by law for all taxes on the sale, hcense, or use of the L~cense The Licensee wtll prowde proof that ~t is exempt from sales and use taxes (c) Payment L~censee shall pay Dcensor the License Fee as follows -3- C ~Documents and SetttngsXsteveXMy Documents~Denton ContractsXSpmdlemed~a Dcense Agrnmt 4 doc $29,427 00, being 25% of the Lmense Fee, due upon delivery of the software to Licensee for ~nstallatmn (terms net 30 days) $29,427 00, being 25% of the L~cense Fee, due upon completion of software ~nstallat~on (terms net 30 days) $29,427 00, being 25% of the L~cense Fee, due upon completion of conversion data (terms net 30 days) $29,427 00, being 25% of the Lmense Fee, due upon Acceptance (terms net 30 days) Term and Temunat~on (a) The term of this Agreement and the duration of the Lmense granted hereunder shall be perpetual, subJeCt to the payment of the L~censee set forth in Sectaon 4 hereof and subject to ternunat~on as prowded below (b) In the event of a material breach or default by the Licensee or ~censor in the performance of th~s Agreement, the aggrieved party shall g~ve written not~ce to the other party specifying the nature and extent of the breach The party m breach or default shall have thirty (30) days thereafter to cure any such curable breach or default If such breach or default ~s not cured wtthxn smd thirty (30) day period, the tenmnat~on of th~s Agreement shall become effective on the forty fifth (45) day following smd written notme, at the option of the non-defaulting party (c) The parties specffically agree that Dcensor will be deemed to be ~n breach of ~ts obhgatlons to L~censee, and I.acensee may terminate th~s Agreement by written nonce to L~censor, ~f (0 Licensor is unable, at any t~me dunng the Warranty Period specffied ~n th~s Agreement, to correct any materml malfunction, defect or nonconformity m the Dcensed Software which prevents the L~censed Software from funct~omng m accordance w~th the Functional Reqmrements and th~s Agreement, within thirty (30) days after L~censee's notification to Lmensor specifying ~n reasonable detml in what respects the Dcensed Software fads to conform, or (u) L~censor becomes ~nsolvent, makes a general assignment for the benefit of creditors, files a voluntary pem~on of bankruptcy, suffers or pernuts the appmntment of a receiver for tts business or assets, becomes subject to any proceechng under any bankruptcy or insolvency law, whether domestm or foretgn, or has wound up or liquidated ~ts business voluntarily or otberw~se, and Dcensee has compelhng reasons to beheve that such events will cause Licensor to fall to meet Its warranty or mmntenance obhgat~ons in the foreseeable future -4- C ~Documents and Settlngs~tev¢~My DocumentsXDenton ConWacts~Spmdlemedm Ltcense Agmmt 4 doc . (d) If the Agreement is terminated during the Warranty Period by L~censee due to a default by Dcensor, then in addition to any other remedies at law or in equity available to Dcensee, Licensee may elect 0) for Licensor to return payments it received for the Dcensed Software within fourteen (14) days of terminat~on in which case L~eensee agrees to return the Lacensed Software to Licensor, or (n) to obtmn the release of the Escrow Items in which case L~censee agrees not to receive a return of payments Licensor has received and L~eensee agrees to make payment m full for the Price If the Agreement ~s terminated dunng the Warranty Period by Dcensee due to a default by Licensor under provision 6(c)(lv) of this Agreement (l e, L~censor's default due to insolvency), then, In addition to any other remeches at law or m equity avmlable to Lacensee, L~censee may elect for Licensor to return payments it received for the Licensed Software and Software Services or to obtmn the release of the source code as provided m Subsection 4(c), or both (e) In the event of a termanation of this Agreement, each party shall forthwith return to the other party all papers, materials, and other properties of the other party then m its possession (f) The prowsions contmned m Sectaons I (Definitions), 6(b)-(e) (Tenmnation), 7 (Confidentaal Informataon) and 11 (Independent Contractor Relationship) of this Agreement shall specifically survive terrmnat~on 7 Confidentml Information (a) Acknowledgment of Confldent~alit¥ Each party hereby acknowledges that it may be exposed to confidential and proprietary information of the other party lncluthng, without hrmtauon, technical information (including functional and technical specifications, designs, drawings, analysis, research, processes, computer programs, methods, ideas, "know how" and the hke), business information (sales and marketing research, materials, plans, accounting and fmane~al information, personnel records and the like) and other mformaUon designated as confidential expressly or by the c,rcumstances ~n which it ~s provided CConfldenual Information") Confidential Information does not include information already known or independently developed by the recipient, (n) information in the public dommn prior to its disclosure or becomes publicly available other than through a breach of this Agreement, (iii) is d~sclosed when such d~sclosure ~s compelled pursuant to legal, judicial, or adnumstraUve proceedings, or otherwise required by law, subject to the use of reasonable efforts by a party to notify the other party to allow ~t to seek protective or other court orders, or (iv) information received by the recipient from a third party who, at the time of disclosure, was under no legal duty not to thsclose such mformauon (b) Covenant Not to Disclose Subject to the requirements of the Texas Public Information Act, any Confidential Information received by a party shall be retained m confidence and shall be used, thsclosed, and copied solely for the purpose of, and ~n accordance with th~s Agreement With respect to each party's Confidential Information, the recipient of such C XDocuments and SemngsXsteveXMy Documen~s~emon Contracts~Sp~ndlemedm License Agrmnt 4 doc reformation hereby agrees that dunng the term of th~s Agreement and at all times thereafter ~t shall take reasonable steps to keep the other's Confidential Information under adequate security to ensure agmnst unauthorized access, cop~es, or use thereof, and each party agrees to notdy the other party immediately of the existence of c~rcumstances surrounchng any unauthorized knowledge, possession, or use of the other's Confidential Information known to that party Neither party nor any rec~pient may alter or remove from any software or associated documentation owned or provided by the other party any proprietary, copyright, trademark or trade secret legend Each party shall use at least the same degree of care in safeguarchng the other party's Confidential Information as it uses in safeguarchng its own Confidentaal Information (c) Exception Notwithstanding any other prows~on of th~s Agreement, it is expressly agreed and understood that L~censee may write, or allow third party programmers, DP Professionals or software vendors to write, application software interfaces (APIs), routines or code for Licensee's use, to allow L~censee to share data between the Licensed Software and any other software appbcat~on, and ~t is expressly agreed and understood by the part~es that such actaon, by ~tself, shall not constitute a breach of any duty of confident~ality or non-d~sclosure 8 Installataon and Acceptance (a) Installation Deadline kacensor shall complete all services provided for ~n this Agreement no later than July 1, 2001 (b) Acceptance Procedure Following dehvery, "hve" installation / configuration, and tender by Licensor of the Licensed Software as meeting the acceptance criteria, L~censee shall have the period specd~ed ~n Exhibit "C" which ~s attached hereto and ~ncorporated here~n by reference, to conduct the tests described in Exhibit "C" (Licensed Software Acceptance Plan) to deterrmne whether the L~censed Software conforms to the Apphcable Documentation and Functional Reqmrements W~th~n the time frames specified in Exhibit "C", L~censee shall 0) notify Dcensor that it has accepted the L~censed Software, (ii) notify Licensor that it has rejected the L~censed Software and L~censor shall refund the fees prod by Licensee relating to such Ltcensed Software, or (re)request Licensor to rectify all def~ciencxes in the L~censed Software, ~n which case Licensor shall use reasonable effo~s to rectify the defic~enc~es in a timely manner, and, until such time as Licensee has accepted the Dcensed Software, Licensee shall be entitled to (1) reject the Dcensed Software, ~n which case Licensee shall return such Licensed Software and Licensor shall refund the fees prod by L~censee, or (2) notify Licensor that it accepts the L~censed Software w~th def~cienc~es provided that m no event shall acceptance of the Licensed Software w~th def~c~enc;es by Licensee constitute a wmver of its right to have any non-conformity of the L~censed Software w~th respect to the Documentatren or Functional Requirements corrected in -6- C \Documents and Settmgs~teve~Vly Decuments\Denton Contracts~Spmdlemed~a License Agrnm! 4 dec accordance with the terms of any warranty or Software Mmntenance Agreement between the pmtles 9 Warrant~es and Indemnffmatlons (a) Llrmted Warranty Licensor represents and warrants that dunng the Warranty Period and so long as this License remmns m effect, the Licensed Software will perform m accordance with the Documentation and th~s Agreement and will perform each of the functional reqmrements specified ~n Exhibit "D" attached hereto and incorporated by reference (the "Functional Requirements") Licensor further warrants that the Licensed Software contains no computer wrnses, or other code or instructions, that modify, damage, d~sable or comprormse the security of Licensee's computer systems or networks (b) Licensor represents and warrants that it has the authority to enter into this Agreement and has obtmned all rights and wmvers necessary to grant the rights granted hereunder Licensor represents and warrants that the exercise of the rights granted In this Agreement does not mfnnge any third-party patent, copyaght, trademark, trade secret, or other intellectual property right (c) Lacansor shall, defend and tndemmfy Licensee agmnst any and all chums brought agmnst L~censee, and shall hold Licensee harmless from all corresponding damages, habllltles, settlements, costs and expenses 0ncludlng attorney's fees for independent counsel of Licensee's choosing), arising out of any clmm that the exercise of any of the rights granted m th~s Agreement lnfnnges any third-party patent, copyright, trademark, trade secret or other ~ntellectual property right Lmensee shall give Licensor prompt notice of, and authority to defend or settle, any such clmm and shall give, at Lmensor's expense, reasonable information and assistance (d) When notified of an action or motion that seeks to restrict the exercise of any of the rights granted herein, Licensor may, (and ~n the case of a judgment, order or injunction that restricts the exercise of any of the rights granted herein, shall), at its option and expense, 0) obtain the right for Licensee to exem~se ~ts rights m accordance with this Agreement, (u) substitute other non-lnfnngmg software with equivalent functional capabdmes, or, (ill) modify the Licensed Software, while retaining equivalent functional capabilities, so that it no longer mfnnges (e) Licensor shall have no habfl~ty to Dcensee under this Section in the event lnfnngement of any third-party patent, copyright, trademark, trade secret or other intellectual property right arises solely from (1) components of a Licensee product or system not derived from Licensed Software, (n) comphance with Licensee's specific designs, specifications or written instructions, other than those specified m Functional Requirements, (ill) modification by Licensee of Licensed Software, or (iv) the combination of Licensed Software with equipment or software not authorized or provided by Licensor or otherwise approved by Lacensor other than Licensed Software designed by Licensor to work with certain commercial hardware or other commercially available software -7- C ~Documents and Settmgs~steve~ly Documents~Denton Contracts~Spmdlerned~a L~cense Agnnnt 4 doc (f) Licensor agrees to lndemmfy, defend and hold Dcensee, ~ts officers, employees and agents, harmless from and against any and all claims, suits, causes of action, hab~hty, damages, judgments or expenses, including, but not hn~ted to, reasonable attorney's fees and litigation costs for personal ~n.lunes (including, but not hm~ted to, death) or property damage which arise out of the neghgent or tortuous act or omission of Dcensor incluchng, but not hmited to, the negligent design, manufacture, installation, or servicing of any part of the Licensed Software Litigation costs ~nclude, but are not hnuted to the hmng of ~ndependent counsel of Licensor's choice (g) Except for the lndemmf~catlon prows~ons of th~s Section, claims arising from e~ther party's breach of ~ts confident~ahty obhgat~ons, and claims for bodtly injury or tangible property damage caused by the fault of either party, L~censor's and Licensee's liability for damages under this Agreement, whether arising m contract, tort, or otherwise, even ~f the breaching party has been advised of the poss~bihty of such damages, shall not exceed the amount paid by Licensee to L~censor herein IN NO EVENT SI-IAI.I. ANY PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES EVEN IF THE BREACHING PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (h) Iacensor further represents and warrants that the Licensed Software shall process dates prior to and after January 1, 2000, w~th no adverse ~mpact on the funct~onahty of the Licensed Software or the accuracy of any reports Th~s date processing shall ~nclude, without hnutation, internal date formats that have century recogmt~on, calculations that accommodate same-century and multi-century formulas and date values, date interface values that reflect the century and calculations that accommodate the occurrence of leap years Date calculations will work correctly All date related calculations w~ll recognize that dates contaimng years equal to or greater than 2000 are later than dates in the 1900s Llcensor does not represent that the L~censed Software w~ll be compatible w~th non- L~censor defined formats or interfaces or that other third party software w~ll contain similar year 2000 capablhties, other than that software and hardware that is specd~ed m this Agreement (l) Warranty D~sclaimer EXCEPT AS STATED IN THIS SECTION (Warrant~es and Indemmf~catlons), LICENSOR DISCLAIMS WITH RESPECT TO AI.I. SERVICES, CUSTOM WORK PRODUCT, FIXES, ENHANCEMENTS OR OTHER DELIVERABLES HEREUNDER, ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE OR FITNESS FOR A PARTICULAR PURPOSE 10 Insurance Licensor shall, for the duration of ~ts obhgat~ons under th~s Agreement, Software Maintenance Agreement and any other software maintenance agreement between the parties, maintain the nummum insurance requirements specified in Exhibit "E" attached hereto and incorporated herein by reference, and shall furmsh L~censee w~th its certificates of ~nsurance and cop~es of appropriate endorsements prior to commencement C ~Documents and Settlngs~steve~Vly Documents~enton ConWacts~Spmdlemed~a L~cense Agrmnt 4 doc or continuation of any work or obhgatlons under this Agreement or software mmntenance agreements Licensor shall cause the pohc~es to name Licensee and ~ts employees as adrht~onal msureds with respect to operations to whmh th~s Agreement ~s apphcable These pohcles shall expressly provide primary coverage to all lnsureds, and shall contmn a cross- habfl~ty or a severabfi~ty of interests clause that prowdes that the insurance apphes separately to each insured and that the pohcy covers clmms or stats by one insured agmnst the other Iacensor shall also cause the pohcles to contatn an endorsement requmng that the ~ssuer of such pohcy g~ve not~ce wa certified mml to L~censee thirty (30) days prior to cancellation or nonrenewal of the coverage or upon any material change ~n coverage Lacensor shall produce copies of all endorsements and certtficates of ~nsurance reqmred under this section to Lmensee w~th~n ten (10) days of notification by Licensee of award of Agreement and prior to the commencement of any work or obligation under the Agreement 11 Independent Contractor Relationship) (a) L~censor shall act m the capacity of an independent contractor wtth respect to Licensee Lacensor shall not act as, nor represent itself as being, an agent of Lmensee, and shall not act as, nor represent ~tself as being authorized to conumt Lacensee to any obhgatlon (b) As an ~ndependent contractor, Lacensor shall take (hrectlon from Lacensee related to the results to be achieved by Ltcensor dunng the term of th~s Agreement All such chrectton shall be consistent w~th the scope of servmes to be provided under this Agreement (c) As an tndependent contractor, neaher Lmensor nor its employees, agents, or contractors shall have the status of employees of Lmensee or tts substdmnes Netther Lacensor nor tts employees shall be ehgtble to pamclpate ~n any employee benefit, group tnsurance, or executive compensation plans or bonus programs offered to employees of Lacensee Lmensee shall not provtde social security, unemployment compensatton insurance, worker's compensation ~nsurance, (hsablhty insurance, or simdar coverage, nor any other statutory benefits of employment to Iacensor 12 General Provlstons (a) Notmes Legal nottces sent to either party shall be effecttve when dehvered tn person or transmttted by telecopter machine, one (1) day after being sent by ovemtght courier, or two (2) days after being sent by first class mml postage prepaid to the address set forth above, or at such other address as the parties may from time to time gtve notice This Agreement may be executed tn one or more counterparts, each of whmh when taken together shall constttute an original document (b) Disputes, Chotce of Law This Agreement w~ll be governed by the laws of the State of C \Documents and Settmgs~steve'aMy Documents,Denton ContsactsKgpmdleraed~a L~cense Agnnnt 4 doc Texas Exclusive venue shall be in the courts of Denton County, Texas If either party is reqmred to engage m any proceedings, legal or otherwise to enforce its rights under this Agreement, the prevailing party shall be entitled to recover from the other, in addaUon to any other sums due, the reasonable attorneys fees, costs and necessary dasbursements revolved an said proceethngs (c) Security, No Conflicts Eech party agrees to mform the other of any mformaUon made avmlable to the other that is classified or restricted data, agrees to comply wath the security reqmrements amposed by any state or local government, or by the Umted States Government, and shall return all such material upon request Each party warrants that its partac~paUon in thas Agreement does not create any conflact of interest prohabated by the Umted States government or any other domestic or foreagn government and shall promptly notify the other party ~f any such conflict anses dunng the term hereof (d) Legal Authority Each party hereto represents and warrants that it has full legal power and authority to execute th~s Agreement and to perform the duties and obhgat~ons of such party contmned herem The mdavldual execuung thrs Agreement on behalf of Lacensee has received all requisite authority to execute thas Agreement on behalf of Lacensee (e) Approval by Ltcensee shall not constitute, nor be deemed a release of the respons~bfiny and hablhty of I. acensor, ars employees, assocmtes, agents, subcontractors, and subeonsultants for the accuracy and competency of their designs or other work, nor shall such approval be deemed to be an assumpuon of such respons~bthty by Dcensee for any defect m the design or other work prepared by Iacensor, ars employees, subcontractors, agents, and consultants (f) If any term(s), provas~ons(s), or conthuon(s) of thas Agreement Is held by a court of competent jurisdiction to be mvahd, void or unenforceable, the remmnder of the provasaons shall remmn an full force and effect and an no way be affected, lmpmred or ~nvahdated (g) This Agreement, the Software Mmntenance Agreement between the partaes to be executed contemporaneous berewath, and the accompanying Exhibits to such agreements consUtute the entire agreement between the pames wath respect to the subject matter hereof and supersede all other commumcatlons, whether wntten or oral This Agreement may be modified or amended only by a wnung sagned by the party agamst whom enforcement as sought Except as specffacally permitted herean, neither thls Agreement nor any rights or obhgatlons hereunder may be transferred or assigned without the other party's prior written consent and any attempt to the contrary shall be voad Neather party shall be hable for delays caused by events beyond ats reasonable control Wmver of any provasaon hereof an one instance shall not preclude enforcement thereof on future occasions IN WITNESS WItEREOF, the part,es hereto have caused this Agreement to be executed by thear duly authorized representataves as of the date indicated by thear signatures below 10- C \Documents and Settlngs~tevc~My DocumentskDenton Contracts~Spmdlemed~a L~cense Agrmnt 4 doc LICENSEE LICENSOR CITY OF DENTON SPINDLEMEDIA INC By By Michael W Jez Steven D Johnson C~ty Manager President Date Date ,'PC\ ED AS TO FOR~,,I C ,~Y AI'fORNEY,.~' /~ ll- C '~Documents and Settmgs~steve"aMy Documents~Denton Contracts\Spmdlemedla License Agrmnt 4 doc LIST OF EXHIBITS FOR SOFTWARE LICENSE AGREEMENT BETWEEN SPINDLEMEDIA AND CITY OF DENTON EXHIBI~ "A' -- SOFTWARE MAINTENANCE AGREEMENT EXHIBIT "B" - QUOTE EXHIBIT "C" - LICENSED SOFrWARE ACCEPTANCE PLAN EXHIBIT "D" - FUNCTIONAL REQUIREMENTS EXHIBIT "E" - CITY OF DENTON INSURANCE REQUIREMENTS C 'd)OC U ME~ 1 ~ tevekl.OCALS ~ I\TempkLIST OF EXHIBITS Spmdlemedla doc EXHIBIT "A" SOFTWARE MAINTENANCE AGREEMENT THIS AGREEMENT ("Agreement") ts hereby entered into between the C~ty of Denton, Texas, a Texas home rule mumc~pal corporation whose ofhces are located at 215 Mcganney, Denton, Texas ~n Denton County, Texas ("Customer") and Spmdlemedm, Inc, a Texas corporatmn, whose offices are located at 307 W 7th St, Suite 902~C, Fort Worth, Texas ("Contractor") on the following terms and conchUons 1 Software M~untenance Services (a) Scope of Coverage Dunng the term of th~s Agreement (the "Term"), Contractor agrees to prowde Customer w~th software support services for the Tax Office2000 software (the "Lmensed Software") licensed by Contractor to Customer pursuant to the Software Lacensing Agreement between the part,es Contractor shall provide Customer w~th cop~es of bug fixes and ~ntenm releases of the Lacensed Software which it generally d~stnbutes as mmntenance releases In ad&t~on, Contractor shall make a good faith effort dunng the Term to develop functional enhancements to the Lacensed Software at ~ts prevmhng rates or as otherwise agreed ~n writing For these purposes, a "functtonal enhancement" is a change to the Lmensed Software that Contractor beheves materially exceeds or ~s chfferent from the current version but ~s not necessary to comply w~th the ad valorem tax laws of the State of Texas ("Tax Laws") Th~s may, ~f feasible, ~nclude workarounds or accommodations mqmred to make the Iacensed Software operate w~th other technology that does not comply w~th Year 2000 Standards Unless clearly erroneous, Contractor's charactenzataon of requested service as a "functional enhancement" (rather than a mmntenance release) shall be rhspos~t~ve As a precondition to Contractor's respons~bfl~ties, the Customer shall ensure that (1) the L~censed Software, any associated third patty software and all equipment ~s installed and operated according to apphcable speclhcat~ons, (n) Customer has ~nstalled all updates to assocmted third party software and eqmpment recommended by Contractor and has mmntmned all envtronmental conditions according to apphcable specihcat~ons and industry standards, (iii) Customer has not ~ntroduced other eqmpment or software having an adverse impact on the Licensed Software, 0v) any specifications supphed to Contractor by Customer are accurate and complete and (v) Customer has made no changes to the L~censed Software after the effective date of this Agreement, nor permitted any changes to be made, other than by or w~th the express approval of Contractor or the applicable vendor (b) Annual Load Contractor shall load and balance the certified Appraisal D~stnct Tax Roll on an annual bas~s, no later than 45 days following Contractor's recmpt thereof, provided that the magnetic med~a is free of defects -1 (c) Telenhone Support Telephone support of the Licensed Software ~s avmlable for the customer's trmned personnel dunng the time period from 8 00 a m until 5 00 p m, Texas nme, Monday through Friday, excluding nat~onally-recogmzed hohdays (d) Errors and Alarms For purposes of th~s Agreement, an "Error" ~n the L~censed Software ~s one that prevents the L~censed Software from operating substantially m accordance w~th the Tax Laws or Year 2000 specfficat~ons and standards A "Major Alarm" shall mean any Error ~n the Ltcensed Software that ts causing an ~mmed~ate and sigmficant d~smptaon of an ~mportant business operation of Customer and which could not reasonably be avoided through mtnor operational adjustments A "Minor Alarm" ~s any Error m the L~censed Software other than a Major Alarm (e) Trouble Reports, Response T~mes Customer shall supply Contractor w~th verifiable and reproducible ewdence of Errors m accordance w~th the Contractor's "Trouble Report" procedures Upon receipt of a Trouble Report, Contractor shall respond by telephone to acknowledge receipt of the Trouble Report wtthln twemy-four (24) hours (1) Malor Alarms To the extent a Trouble Report identifies one or more Major Alarms, the Contractor shall, w~th the cooperation of Customer 0ncludmg installation of d~al-m contact via modem) ~mmed~ately commence d~agnos~s of the Error Once the cause of the Error ~s known, Contractor shall prowde a temporary fix or workaround to the Error at the earliest opportumty, but m no event beyond forty-eight (48) hours Contractor shall thereafter prowde a permanent correct~on as soon as practicable (2) Minor Alarms In the case of Manor Alarms, the Contractor shall, w~th~n reasonable time after receiving a Trouble Report, inmate d~agnosls and error correction efforts Manor Alarms shall be corrected by Contractor w~thm a reasonable txme through telephone support or through the issuance of periodic updates From November 1 through June 30 such reasonable t:me shall not exceed 30 days (f) Services Excluded The following items are not included under th~s Agreement, and wall ~ncur addxt~onal charges to the Customer at Contractor's hourly rate set forth on Exhibit "A" attached hereto, ~f requested by Customer (1) Mortgage company tape procesmng ~ncluding all request tapes, bflhng tapes and payment tapes, (2) Conversion of dehnquent tax roll tapes and payment tapes for customer's attorney, (3) All support of untratned personnel, (4) Custom software corrections, changes or mochfications, (5) Programming for custom reports and document creation with utility software such as report writers, word processors and spreadsheets, (6) Programrmng, trmnlng or support required as a result of third party changes such as govemment regulations (excluding tax law changes), changes in forms, changes m hardware, or for operator errors which were not the fault of the software, and (7) Updates and installation of third party software and operating system software products supplied by vendors that charge a separate fee for their support and update serwces 2 Fees and Payment (a) Mmntenance Fee In consideration for the software mmntenance services provided by Contractor to Customer pursuant to th~s Agreement, Customer agrees to pay to Contractor the Mmntenance Fee m the amount of $18,395 whmh sum is included in the Iacensee Fee prowded for m Subsection 5(a) of the Software License Agreement The Contractor may not adjust the Mmntenance Fee more frequently than annually, upon each renewal of the Term (b) Out-of-Pocket Costs & Taxes Except as otherwise set forth ~n Exhibit "A," prices quoted do not include, and Customer shall reimburse Contractor for, Contractor's reasonable, documented out-of-pocket costs mcurred by Contractor ~n the performance of its duties hereunder, including, but not hrmted to travel costs, cab fare, lodging, auto rental, gas, postage, courier fees, long Oastance telephone and other slrmlar out-of-pocket expenses not to exceed to the dmly allowable per d~em hnut of $30 00 Customer shall pay, lndemmfy and hold Contractor harmless from all sales, use, gross receipts, value-added, personal property or other tax or levy 0ncluchng interest and penalties) imposed on the services and deliverables provided hereunder, other than taxes based on the actual ~ncome of Contractor (c) Invomes & Payment Customer shall pay the Mmntenance Fee, and any applicable sumharge or out-of-pocket costs authorized under the terms of this Agreement, within thirty (30) days after date of mvome Customer may not withhold or "setoff" any amounts due hereunder Contractor reserves the right to stop work without prejudice until all amounts due hereunder are prod m full Any late payment shall be subject to any costs of collection (including reasonable legal fees) and shall bear interest at the rate of one (1) percent per month or fraction thereof until prod 3 Term, Termination The term of this Agreement ("Term") shall commence thirty days after the Acceptance date and provided for m the Software License Agreement between the parties of even date (the "Software License Agreement), and shall continue m full force and effect for a period of one (1) year, unless terrmnated earher as provided hereto The Term shall be automatically renewed for successive hke periods unless Customer notifies Contractor at least thtrty (30) days prior to the expiration of the Term (or renewal Term, as the case may be) that the Term shall not be renewed, in which case this Agreement shall terminate upon the expiration of the then current Term This Agreement may be terminated earlier on account of either party's default which remains uncured upon compliance with the procedures set forth in Section 6 hereof 4 Warranties (a) Lm'uted Warranty on Services Dunng the Term, Contractor shall make all reasonable efforts to ensure that the Licensed Software operates substantially in accordance with the written specifications contmned In the user manual provided to Customer and the Functional Requirements set forth in Exhibit "E" of the Software Dcense Agreement Contractor does not warrant that Customer's use of the Licensed Software will be uninterrupted or error free Contractor represents and warrants that none of the Custom Work Product (as defined in the License Agreement) will contain any t~mer, counter, lock or sirmlar device (other than security features specifically approved by Customer in such specifications) that inhibits or in any way bm~ts its ability to operate (b) Certmn Customer Assurances The L~censed Software accurately records, stores recogmzes, interprets, processes and presents both twentaeth and twenty-f~rst century dates (c) Warranty Disclmmer EXCEPT AS STATED IN THIS SECTION AND SECTION 9 OF THE SOFI'WARE LICENSE AGRI~.~MENT, CONTRACTOR DISCLAIMS WITH RESPECT TO AI.L SERVICES, CUSTOM WORK PRODUCT, FIXES, ENHANCEMENTS OR OTHER Dg. IJVERABLES I-I~REUNDER, ALL EXPRESS AND IMPl JE~D WARRANTIF___3, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE 5 Lm'utatlon of Remethes & Llabiht~es The parties acknowledge that the following prows~ons have been negotiated by them and reflect a far allocation of risk (a) Remedies Customer's sole and exclusive remethes for Contractor's default hereunder shall be 0) to obtmn the repmr, replacement or correction of the defectave services or deliverables to the extent warranted under Section 4 or, if Contractor reasonably determines that such remedy is not econormcally or technically feasible, (ii) to obtmn an equitable part~al or full refund of amounts paid with respect to the defective services or deliverables (b) Dablhtles EXCEPT FOR THE INDEMNITY PROVISIONS OF THIS AGREEMENT AND SECTION 9 OF THE SOFTWARE LICENSE AGREEMENT, AND CLAIMS FOR BODILY INJURY OR TANGIBLE PROPERTY DAMAGE CAUSED BY THE FAULT OF CONTRACTOR, CONTRACTOR SHALL NOT BE LIABLE FOR ANY AMOUNT EXCEEDING THE TOTAL AMOUNT OF THE CONTRACT PRICE ACTUAIJI ~Y PAID BY CUSTOMER DURING THE TERM IN NO EVENT SHALL CONTRACTOR BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST SAVINGS, PROFIT OR BUSINESS INTERRUPTION EVEN IF CONTRACTOR IS NOTIFIED IN ADVANCE OF SUCH POSSIBILITY) ARISING OUT OF OR PERTAINING TO THE SUBJECT MATTER OF THIS AGREEMENT -4- 6 Default Either party may be declared ~n default of thxs Agreement ~f ~t breaches any material pmvlsxon hereof and fmls within thirty (30) days after receipt of not, ce of default to correct such default or to commence correct, ye action reasonably acceptable to the other party and proceed with due diligence to completion E~ther party shall be m default hereof ff ~t becomes insolvent, makes an assignment for the benefit of ~ts creditors, a recmver ~s appointed or a petition ~n bankruptcy ~s filed wah respect to the party and ~s not dlsnussed w~thm thirty (30) days 7 Disputes, Chome of Law Th~s Agreement will be governed by the laws of the State of Texas Exclusive venue shall be xn the courts of Denton County, Texas If e~ther party ~s reqmred to engage m any proceedangs, legal or otherwise to enforce ~ts rights under th~s Agreement, the prevailing party shall be entitled to recover from the other, in addition to any other sums due, the reasonable attorneys fees, costs and necessary chsbursements ~nvolved in smd proceedings 8 Insurance, Indemnity Contractor shall, for the duration of ~ts obhgatxons under th~s Agreement, mmntmn the insurance reqmrements as set forth in Sectxon 10 and Exhibit "F" of the Software Lmense Agreement Contractor and Customer, to the extent perrmtted by applicable law, shall indemnify and hold the other harmless from all habfi~ty for bochly injury, death, tangible property damage and related costs and expenses 0nclud~ng attorneys' fees) resultmg from the acts or ormsslons of Its own officers, agents, employees or representatxves Nothing herem shall be construed to wave Customer's governmental ~mmumty defenses 9 Ivlascellaneous This document, the Software L~cense Agreement and the accompanying schedules and exhibits constitute the entire agreement between the part,es w~th respect to the subJeCt matter hereof and supersedes all other commumcat~ons, whether written or oral Th~s Agreement may be modffied or amended only by a writing s~gned by the party agmnst whom enforcement Is sought Except as specifically permitted hereto, neaher tlus Agreement nor any rights or obhgataons hereunder may be transferred or assigned w~thout the other party's prior written consent and any attempt to the contrary shall be vmd Neither party shall be hable for delays caused by events beyond ~ts reasonable control Wmver of any prows~on hereof ~n one ~nstance shall not preclude enforcement thereof on future occasions IN WITNESS WHEREOF, the part,es hereto have caused th~s Agreement to be executed by their duly authorized representatives as of the dates ~ndlcated below CUSTOMER CONTRACTOR CITY OF DENTON SPINDLEMEDIA INC By By ~/'~ ~ M~chael W Jez Steven D Johnson C~ty Manager President Date Date -5- Exhibit A In the event that addtttonal servtces are needed Customer agrees to pay and understands that the hourly rate wdl be $ 90 OO per hour -6- Exhibit B Cost Summary 2/7/2001 Denton TAX SERVER Denton IT PIII 733MHZ MHz w/256K R~CK MOUNTED 512MB MEMORY 18 2 GB ULTRA3 RAID 10KRPM HOT- PLUGGABLE DLT TAPE 20/40 1 44MB FLOPPY & CD ROM 10/100 FAST ETHERNET WIN 2000 SER, SQL SER 7, Denton IT CRYSTAL REPORTS 8, COMPAQ SYSTEM RACK RACK MOUNT MONITOR Denton IT UPS POWER FOR 3 SERVERS RACK MOUNT KEYBOARD TAXOFFICE 2000 LEVELI $ 33,250 $ 8,600 TRAINING $ 7,500 INSTALLATION/CONFIGURE $1,500 DATA CONVERSION $1,500 WEB SERVER Denton IT PENTIUM III 733MHz DUAL PROCESSOR 256KCACHE 512 MB MEMORY 18 2GB PLUGGABLE RAID W/ULTRA 3 10K RPM 10/100 FAST ETHERNET 1 44 FLOPPY/CD ROM MS 2000 SERVER E-SOLUTION TAX WEB SYSTEM $18,995 $ 2,995 I-NET UTILITY SUITE $ 2,964 INSTALLATION/CONFIGURE $ 3,200 TRAINING $1,200 (CON~rlNUED) Denton IMAGE,SERVER Denton IT PENTIUM III 733MHz DUAL PROCESSOR 256K CACHE 512 MI~ MEMORY 18 2OB PLUGGABLE RAID ULTRA 3 10K RPM 10/100 FAST ETHERNET 1 44 FLOPPY & CD ROM MS Server 2000 HP JUKE BOX 80EX 83GB $ Denton IT OPTICAL ARCHIVE MGR. $ Denton IT IMAGEWORKS SQL EDmoN $ 5,999 COMPAQ IMAGING WI~TATION $ Denton 1T SCAN, VIEW & PRRqT NCR 7731 WITH IMAOE, OCR, $ CONTROLLER STATION $ Denton IT IMAGEWORKS RPS INTERGRATION $ 34,200 $ 6,800 TRAININO $ 4,200 $ 3,200 EXHIBIT "C" Licensed Software Acceptance Plan Standards of Performance and Acceptance Criteria The mstallatmn and acceptance of the L~censed Software will be as described m Subparagraphs (a) through (e) of th~s section, whmh pertmns to the mstallatmn of the L~censed Software a Apphcation Software Certification: Lacensor shall certify m writing to Licensee when the apphcat~on software is installed and ready to use per the Software L~cense Agreement The Lacensed Software wdl be considered installed and ready to use when Licensor demonstrates that the apphcat~on software is operational on Lacensee's computer hardware (the "Installation Date") b Performance Criteria and Period: The "Performance Period" shall consUtute a period of fifteen (15) wodong days The Performance Period shall commence on the first workday after the Installauon Date at which t~me the L~censee first uses the Lacensed Software operaUonally (the "First Use Date") If the Lacensed Software provides the features and funcUonahty as described in Functional Requirements as set forth in Exhth~t "D" of flus Agreement for the duratmn of the Performance Period, then the Lacensed Software shall be deemed to have met the Performance Criteria, and payment wdl be due m accordance with the payment schedule c Notice of Acceptance: If the l. acensee fads to give notme of acceptance or non- acceptance to L~censor w~thm ten (10) workon§ days after compleUon of the Performance Period, the Lacensed Software shall be deemed accepted by the Licensee, and payment will be due m accordance w~th the payment schedule d Non. Performance of Apphcat~on Software. If the Performance Criteria are not met dunng the Performance Period, then, as outlined m the Agreement, Lmensee may reject the Licensed Software L~censee may also request Licensor to rectify observed deficiencies m the Lmensed Software, m whmh case L~censor shall mochfy or fix the L~censed Software to meet the features and functmnallty set out m the Functional Reqmrements w~thln 90 calendar days of written notlficat~on of such deficiencies c Acceptance of Replacement L~eensed Software. After dehvcry and upon completion of mstallatmn, Licensor shall certify m writing to the L~censee that replacement Lmcnsed Software has been installed, personnel trmned, and the Licensed Software ~s ready to use Th~s date shall thereafter constitute the Installation Date The Performance Period will commence agmn, as of the first workday date the Licensee ~s able to use the L~censed Software operationally Section "c" shall apply after completion of the performance period C ~DOCUME~Bstove~,OCALS~l\Temp~oftware Acceptance Spindlemedla 2 doc EXHIBIT "D" FUNCTIONAL RQUIREMENTS All requirements contmned within th~s document shall refer to the Tax System operated by the City of Denton Tax Office The attached lists of system functions shall perform properly, and rehably, as installed on the tax computers of the City of Denton Tax Office Integration of ind~wdual elements shall be paramount All ~nteffaces shall be seamless, to the h~ghest extent possible System Security 1 Shall hmat access into all screens, as defined by user and password 2 Shall hmat access, into payment screens, as defined by user and password 3 Shall allow designated admamstrators m various departments to determane access and security for their user group, w~thm specific modules 4 Shall provide aucht trmls for changes to any and all fields, m all applications Interfaces 1 Shall mtefface SQL Table Schema for 2 Shall be compatible and interface with the Denton Central Appraisal District (The Software Group), to load yearly certified rolls, monthly supplements, and address changes by tape or e-mml 3 Shall interface and transfer ex, sung mainframe fries to the new system 4 Shall load or update mortgage company data Browse Capabfiltms 1 Must search (browse) by account number, situs address, owner's last name, or legal description 2 Remarks area must be ahsplayed in property record and payment screens 3 Must browse payment history for at least five (5) years and to search history by account number, owner's last name, amount due, and check number 4 Must scroll forward and backwards 5 Must be able to open multiple windows Basic Requirements 1 The property account field must be able to accept both alpha and numeric characters 2 Must be in compliance with all Texas state tax code laws 3 Shall collect for multiple entities 4 Shall apply exemptions ~n percentages or whole numbers 5 Cash reconciliation on line by cashier and distinguish between cash and check payments for each cashier 6 Shall prorate taxes by entenng the date of sale for property purchased by exempt ent~ties or sold by exempt entities 7 Shall calculate rollback taxes by entenng change of use date on a single account or a batch of accounts and pnnt estimates 8 Shall calculate penalty and interest at any rate on a stngle account or a group of accounts 9 Must be able to enter payments real ttme or tn batch processing 10 Must post payments and make refunds for a selected year or entity 11 Must post overpayments on any balance due 12 Must post creaht card payments 13 Must flag accounts for returned bad checks 14 Must flags or fields to enter bankruptcy and stat information as part of property record 15 Must flag for returned marl wtth bad addresses 16 Must flag spectfic tax years tnacttve for the write off of bad debt 17 Must make adjustments and create record tn transactton htstory Reporting 1 Must provtde balancing report after loathng certtfied Roll and supplements that wtll produce an exception report of accounts not loadtng correctly 2 Must produce the following dmly reports a last of account activity by account number including total payment, base tax, penalty and interest, attorney fees, and overpayments for each account b Show total receipts for the day and total for each cashier c Overpayment report hstang all overpayments on the system d Increase/decrease report showmg account number, amount, and year effected e Lasts mchcatmg total amount of accounts under stat, filed for bankruptcy, agriculture rollback, delinquent f last mdtcatang accounts that have had refunds tssued and removal of overpayment from the overpayment report g Refunds due report 3 Must download files to send to the state for mobile home lien fihngs and releases 4 Must produce reports hstmg loan companies wtth number of accounts coded wtth each company and a detmled report hstmg every account number and owner's name for each loan company 5 Must produce reports monthly to track collecttons on current and dehnquent taxes 6 Must produce report detmlmg accounts that have quarterly installment payment optton and show dollar amount prod 7 Must produce a report of accounts that have taxes flagged macttve I-hstoncal Records 1 Must store prior owners data as part of the property record 2 Must produce a record m transaction htstory mdicattng an overpayment was made 3 Must produce a record tn transaction htstory ln0acattng refunds 4 Must produce a record tn transaction history indtcattng payment transacUon reversed due to a bad check 5 Must write-off overpayments over three years old to general fund 6 Shall wew accounts over ten years old for personal property accounts and twenty years old on residential accounts that have been flagged ~nact~ve Statements 1 Must pnnt tax statements on demand by account or part~al, entire roll 2 Must repnnt receipts and tax statements 3 Must pnnt tax certificates 4 Must produce dehnquent tax statements for current year and an accumulative statement for all dehnquent tax years 5 Must produce bflhng register automatically whenever property record ~s updated w~th apprmsal supplement data, or exemptions Document Management Module 1 Must prowde security to ensure ~ntegnty of documents 2 Must ensure that personnel are trmned to safeguard electromc records 3 Must ensure that read/write privileges are controlled and that an audxt trad of rewrites ~s matntasned 4 Must prowde for backup and recovery of records to protect agmnst mformat~on loss 5 Must ensure that documents generat~l and stored electromcally are created by the same processes each t~me and have a standardized retrieval approach 15 Must pro¥1de for an optical arChlYal and indexing of digital documents 7 Must allow retneval of d~gltal documents through Tax Office 2000 8 Must provide retneYal capabilities for check payments received through in-house lockbox services 9 Must be able to access assocmted tax records by account number, property owner name, and property location 10 Must be able to print ~maged documents Web Module 1 Must search (browse) for at least five (5) years by account number, s~tus address, owner's last name, or legal description 2 Must include all property record mformat~on 0 e, account number, saus address, owner's last name, owner's first name, legal description, property values) EXHIBIT __. CITY OF DENTON INSURANCE REQUIREMENTS STANDARD PROVISIONS. Vgzthout hmtttng any of the other obhgattons or l,abthttes of the Owner, the Owner shall provide and mamtam untd the contracted work has been completed and accepted by the C~y of Denton, Owner, the mmtmum tnsurance coverage as m&cated hereinafter As soon as practicable after nonficatzon of btd award, Owner shall file wtth the Purchasing Department sattsfactory certificates of insurance, conta,mng the b~d number and tztle of the project Owner may, upon written request to the Purchasmg Department, ask for clanficatton of any insurance reqmrements at any t~me, however, Owners are strongly adwsed to make such requests pmor to b~d opemng, stnce the tnsurance requirements may not be modified or watYed after b~d opening unless a written exceptton has been submttted wtth the b~d Owner shall not commence any work or dehver any tnatertal until he or she receives nottficatton that the contract has been accepted, a~pproved, and stgned by the Ctty of Denton. All tnsurance poltctes proposed or obtatned tn sattsfactton of these requtrements shall comply with the following general spectficattons, and shah be mazntazned zn comphance with these general spectftcattons throughout the duration of the Contract, or longer, ~f so noted Each polxcy shall be issued by a company authorized to do business m the State of Texas with an A M Best Company rating of at least A · Any deductibles or self-Insured retentions shall be declared tn the bid proposal If requested by the C~ty, the insurer shall reduce or elumnate such deductibles or self-insured retentmns w~th respect to the Ctty, ~ts offimals, agents, employees and volunteers, or, the Owner shall procure a bond guaranteeing payment of losses and related mvest~gatmns, clmm admmtstrat~on and defense expenses Lmb~hty pohcms shall be endorsed to provide the followtng · ' Name as addttlonai insured the C~ty of Denton, tts Officials, Agents, Employees and volunteers ** That such msurance is pnmary to any other insurance available to the addltmnal msured w~th respect to clams covered under the policy and that th~s insurance apphes separately to each insured agamst whom clam is made or sat ~s brought The ~nclus~on of more than one ~nsured shall not operate to increase the msurer's limit of liability · All pohc~es shall be endorsed to read "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DA YS AD VANCE WRITTEN NOTICE IS REQUIRED ' · Should any of the reqmred ~nsurance be provided under a claims-made form, Owner shall mmntam such coverage contmuously throughout the term of tins contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences ans;ng dunng the contract term winch g~ve rise to clams made after expiration of the contract shall be covered · Should any of the required msurance be provided under a form of coverage that mcludes a general annual aggregate limit prowdmg for clams mvestlgat~on or legal defense costs to be included m the general annual aggregate hm~t, the Owner shall e~ther double the occurrence hn-nts or obtam Owners Protective Liability Insurance · Should any reqmred msurance lapse dunng the contract term, requests for payments ongmatmg after such lapse shall not be processed until the City race,yes satisfactory ewdence of remstated coverage as reqmred by tins contract, effective as of the lapse date If insurance ~s not reinstated, C~ty may, at its sole option, termmate this agreement effective on the date of the lapse All msurance pohctes proposed or obtained tn satisfaction of this Contract shall additionally comply with the following marked specz, ficattons, and shall be mamtatned tn comphance with these additional spectficatzons throughout the duration of the Contract, or longer, f so noted A GeneralL~abihty Insurance General Llab~hty ~nsurance w~th combmed stogie hm~ts of not less than $1,000,000 shall be provided and maintained by the Owner The pohcy shall be written on an occurrence bas~s either ~n a slngle pohcy or m a combmatmn of underlying and umbrella or excess pohc~es If the Commercial General Liability form (ISO Form CG 0001 current edition) is used · Coverage A shall include premises, operations, products, and completed operations, independent Owners, contractual liability covenng tins contract and broad form property damage coverage · Coverage B shall include personal injury · Coverage C, medical payments, is not reqmred If the Comprehensive General Llablhty form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent Owners and property damage resulting fi.om explosion, collapse or underground (XCIY) exposures · Broad form contractual habfllty (preferably by endorsement) covering tlus contract, personal injury liability and broad form property damage liability Automobile Liability Insurance: Owner shall prowde Commermal Automobile Llabd~ty insurance wath Combined Single La-nits (CSL) of not less than $1,000,000 e~ther m a single pohcy or m a combmatmn of basic and umbrella or excess pohmes The policy wall include bodily injury and property damage liability arising out of the operataon, mmntenance and use of all automobiles and mobile equipment used in conjunction w~th this contract S atmfact~on of the above requirement shall be m the form of a policy endorsement for · any auto, or · all owned, hired and non-owned autos Workers Compensation Insurance Owner shall purchase and maintain Worker's Compensation insurance wluch, in addltmn to meeting the munmum statutory requirements for ~ssuance of such tnsurance, has Employer's L~abihty limits of at least $100,000 for each acmdent, $100,000 per each employee, and a $500,000 policy limit for occupational disease The C~ty need not be named as an "Additional Insured" but the insurer shall agree to wave all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured For building or construction projects, the Owner shall comply with the provisions of Attachment 1 in accordance with §406 096 of the Texas Labor Code and ale 28TAC 110 110 of the Texas Worker's Compensation Commission (TWCC) Professional Liability Insurance Professional hablhty insurance with limits not less than $1,000,000 per claun wath respect to neghgent acts, errors or omissions in connection with professaonal services is required under this Agreement ~genda No Aoenda item ~ r)ate_ ~ /~ /),/0 / AGENDA INFORMATION SHEET AGENDA DATE: February 20, 2001 Questions concerning this acqmsltion may be directed DEPARTMENT.' Materials Management to Alex Pettlt 349-8595 ACM: Kathy DuBose, Fiscal and Mumcipal Services SUB,~ECT: An Orchnance awarding a 60 month contract for the lease of a Xerox 2060 Digital Press as approved ,by the State of Texas General Services Comm~sslon through a Qualified Information Services Vendor (QISV) catalogue, providing for the expenditure of funds therefore, and providing an effective date (Purchase Order 13131 to Xerox Corporation (File 2654) in the amount of $70,685 22 for the first of 10 semi-annual payments The total 60-month Lease Agreement cost is $706,852 20 plus $ 0731 per color copy and $ 0307 per black and white copy for each copy over 60,000 per month) LEASE/pURCHASE ORDER INFORMATION: This 60-month lease is for the lease of a Xerox 2060 Digital Press This non-cancelable 60 month, fixed price agreement includes the DocuColor 2060 Digital Press with scanner, high capacity feeder, stacker, automatic stitcher, folder, trimmer, and the Fiery EX2000 pnnt controller Included in the pricing ~s delivery, installation, service, 2x5 mmntenance, supplies on 60,000 color impressions per month, one week on-site training for two people on the DocuColor 2060 Press, 50 hours of network ~nstallatlon and support This agreement also makes provision for any impressions over the 60,000 per month to be provided at a cost of $0 0731 each (any size) for color and $0 04 each for black and white including all supplies (except paper) and service The requested equipment is listed m the State of Texas QISV Catalog #070890606 Successful completion of this project will provide the City of Denton with enhanced h~gh-speed color pnnting at 60 pages per m~nute Current m-house color pnnting capability is 6 pages per minute We have investigated other pnntlng solutions, however, we found the Xerox solution best meets our current needs Purchase Order 13131 in the amount of $70,685 22 is for the first of 10 sem~-annual payments and cover the time span of April - October 2001 Subsequent Purchase Orders will be written as payments come due RECOMMENDATION: We recommend this 60 Month Lease Agreement between the City of Denton and Xerox Corporation be approved in the amount of $706,852 20 paid semi-annually at the rate of 70,685 22 Agenda Informatton Sheet February 20, 2001 Page 2 PRINCIPAL PLACE OF BUSINESS: Xerox Corporatton Dallas, TX ESTIMATED SCHEDULE OF PROJECT: The Xerox 2060 Dtgttal Press and associated eqmpment ts avmlablc wtthm 3 weeks after receipt of an order The renovatmn of thc basement area of City Hall is being designed to house thts umt Completion for that project ts esttmated to be April of 2001 FISCAL INFORMATION: Thts chg~tal press lease agreement will be funded from Warehouse Working Captta] Inventory account (710-043-0582-8701) Indtvtdual budget hne ttems will be charged as copies are made Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasmg Agent Attachment 1 Pumhase Order 13131 to Xerox Corporatton Attachment 2 Price Proposal from Xerox Corporatton Attachment 3 QISV Cemficatton 1528 Agenda ATTACHMENT 2 THE DOCUMENT COMPANY XEROX DocuColor 2060 Digital Press Pricing Breakout 60 Mo Equipment Lease DocuColor 2060 Dtgital Press $2,149 58 Fiery EX2000 Pnnt Controller $821 17 High Capacity Feeder $374 58 High Capacity Stacker $319 03 Integrated Digital Scanner $535 12 Automatic Stitcher / Folder / Trimmer $283 52 Training 25 Hours On-site Trmmng on 2060 Press $71 40 50 Hours Network Installation and Training $147 01 Service All scrvme and supplies on 60,000 Color Impressions per month (excludes paper and staples) $6,294 00 Fiery EX2000 $106 00 High Capacity Feeder $106 00 High Capacity Stacker $106 00 Integrated Digital Scanner $0 00 Automatic Stitcher / Folder / Trimmer $133 56 Second Shift Service (total of 8 00 am to 12 00 am) $333 90 Total Monthly Lease and Service on 60,000 IPM $11,780 87 All Color Cost Per Copy Charges over 60,000 $0 0731 ea All Black & White $0 0307 ea Buy Out At End of Lease $12,500 00 Above Pricing Includes: Delivery and Installation No Down Payment Billing in Arrears - 30 days after installation Xerox Pays Property Tax Xerox Total Satisfaction Guarantee for Life of Lease ATTACHMENT 3 THE DOCUMENT COMPANY XEROX December 5, 2000 Me Karen Smith C~ty of Denton 215 E McK~nney St Denton, Texas 76201 Dear Ms Smith The purpose of th~e letter m to confirm that the Xerox Business Services (XBS) dnns~on products and services are incorporated within our catalog that ~s on file w~th the GSC XBS ~s Xerox They are located at the same address at 6836 Austin Center Blvd, State 300, Austin, Texas 78731 and can be reached at 512-343-5600 The C~ty must accept delivery within 120 days after PO ~s ~ssued and b~ll~ng begins on that date If you have any questions feel free to call me at (512) 343-5646 [.~a Sowell THIS IS A TRUE AND ACCURATE COPY OF THE CATALOGUE APPROVED AND ON FILE WITH THE GENERAL SERVICES COMMISSION ~ DOCUMF..NT COMPANY XEROX Effective Date Order Marling The Document Company, Xerox Contact Name Address One Northpo~nt Centre L~sa Sowell 6836 Austin Center Blvd, State 300 (512) 343-5646 Austin, Texas 78731 Fax (512) 343-5705 X hsa sowell @ usa xerox cam (Vendor ID# 1-16-046-80204) HUB Cerhfled? No All purchase orders resulting from th~s catalog must reference "This P O ~s issued per terms and conditions of the State of Texas QISV Catalogue, BPA # 070890606 The pnces contained in th~s catalog are the same as those found ~n the Xerox National State & Local Government Price L~st Leases and rentals are a part of this catalog efta'rog, however, due to the vanous customer requirements, number of months, possible accessones or additional terms and cond~bons, you w~ll need to contact your local sales rep or L~sa Sowell for detailed pricing NOTE to State Agencies If thxs Qualified Information Systems Vendor prey:des consulting services and ff the value of the consulting contract is reasonably foreseen to exceed $10,000 00, please refer to the Private Consultants Act, Texas Government Code, Chapter 2254, Subchapter B ' NOTES to Eh~ble Purchasers Only Automated Information Systems (AIS) products and sorvme~ may bc purchased from tMs catalog Products not ohg~ble for the catalogue purchase procedure must be edited out by the vendor Disregard any statement m this catalog that states that PriCeS and availability may change with°ut n°tlce This catalog ts reqmred to be kept current by the vendor I)t~regard any "proprietary confidential copyright (C) all rights reserved statements tn this catalog Ehg~ble purchasers are allowed to make copies of this catalog For servmes,and products offered m ties catalog that have only one price, the price shown may be considered both the list pncc attd state price Any terms and conditions tn tlus catalog that conflict with thc Constitution or laws of the state of Texas shall not be enforceable and, thcrctorc, vail not be binding All AlS products and services offered tn this catalog conform and comply with all appheable standards adopted by the DIR, and all products conform to all state and federal requirements such as ANSI ?LL NI~MA OSHA and UL standards ORDINANCE NO AN ORDINANCE AWARDING A 60 MONTH CONTRACT FOR THE LEASE OF A XEROX 2060 DIGITAL PRESS 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 (PURCHASE ORDER 13131 TO XEROX CORPORATION (FILE 2654) IN THE AMOUNT OF $70,685 22 FOR THE FIRST OF 10 SEMI-ANNUAL PAYMENTS THE TOTAL 60-MONTH LEASE AGREEMENT COST IS $706,852 20 PLUS $ 0731 PER COLOR COPY AND $ 0307 PER BLACK AND WHITE COPY FOR EACH COPY OVER 60,000 PER MONTH) WHEREAS, pursuant to Resolution 92-019, the State Purchasing General Services Comm~ssion has sohclted, received and tabulated competitive bids for the purchase of necessary materials, cqmpment, supphes, or services m accordance w~th the procedures of state law on behalf of the City of Denton, and WHEREAS, the C~ty Manager or a designated employee has reviewed and recommended that the here~n described materials, equipment, supplies, or services can be purchased by the City through the General Services Comrmsslon QISV programs at less cost than the City would expend if b~dchng these ~tems lnd~wdually, and WHEREAS, the C~ty Council has prowded ~n the C~ty Budget for the appropriation of funds to be used for the purchase of the materials, equ,pment, suppl,es, or serwces approved and accepted herem, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered ~tems m the following numbered purchase order for materials, eqmpment, supphes, or services, shown m the "Purchase Order" bsted hereon, and on file in office of the Purchasing Agent, are hereby approved PURCHASE .ORDER VENDOR AMOUNT 13131 Xerox Corporation $70,685 22 SECTION li That by the acceptance and approval of the above numbered items set forth m the referenced contract, the Caty accepts the offer of the persons subm~tting the bids to the General Services Commass~on for such ~tems and agrees to purchase the materials, equipment, supphes or services in accordance with the terms, conditions, spec~ficatlons, standards, quantities and for the specified sums contained in the bid documents and related documents fried with the General Services Commissions, and the purchase orders ~ssued by the C~ty SECTION ~ That should the C~ty and persons submitting approved and accepted ~tems set forth m the referenced purchase orders w~sh to enter into a formal written agreement as a result of the City's ratification of bids awarded by the General Services Commission, the C~ty Manager or his designated representative is 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, specifications and standards contmned ~n the Proposal submitted to the General Serwces Commission, quantities and specified sums contained ~n the C~ty's purchase orders, and related documents here~n approved and accepted SI~CTION 1V That by the acceptance and approval of the above numbered ~tems set forth m the referenced purchase orders, the C~ty Council hereby authorizes the expenditure of funds therefor in the amount and m accordance with the approval purchase orders or pursuant to a written contract made pursuant thereto as authorized herein S]~CTION V That this ordinance shall become effective ~mmedlately upon ~ts passage and approval PASSED AND APPROVED th~s day of ,2001 EULINEBROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY PO 13131-Xerox Corporation STATE OF TEXAS ORDINANCE (2 01) LEASE AGREEMENT Tn ~ I)o< t/M~ N ICOM PANY XER( )X Work,beet 998627 Uml l Customer 1 ~gal Name (B~ll to) CI1~{ OF DI NTON Check all that apply Name Ovedlow (ff needed) ATIIq ACC'TS PAYABI b [] I ax I xempt (Cerllflcate Attached) bucci Address [] Asset/Cc/op Name Box#/Routmg 215 h MCKINNEY S 1 ~l Neg°ltated C°ntract # ~79890606 [] Attached Customer P O #s Supphes Lily State DEN YON TX /tp Code 76201 [] ~tate or Local Government Customer lax ID# Iht Rate 9 5% Iotal Iht Payable $ 47436 59 Customer Name (lmlall) CITY OF Dl~ NTON [] Replacement/Modlficatmn of Prmr Xerox Agreement Name Overflow (if needed) Alan ACCTS PAYABLL Agreement covering Xerox IXlmptmta Serial# (or 95#) Installed at Street Add~ess ts hereby [] medltwd [] replaced I ffect~ve Date Floor/RooratRoutmg 215 L MCKINNEY ST Comments Ctty Stale DENql3N IX Lease Information Z~p Code 76201 Lease lerm 60 months County Installed In Denton [ffi Supphes included ~n Ba~c/Pont Charges C'u~tofll~ Requested [retail Date 07J28/2001 [] Refin o! Prior Agrnlt [] Xerox 195#1 [] 3rd party I q Lease Pa,/ment Information M~, I ease Payment I're~l 'with serial number tf m place eqmpment) OpUon Payrc~nt Install Interm [] Monthly [] Other DC2060P DOCUCOLOR 2060 lOT ~12500 [] [] I tDL2000HCI I)DC2000HCS DDC2000SCN [] [] [] Quarterly [2ustomer I ducat~on O [] []Annual $ 9,955 71 MINIMUM MONTHLY LEASE PAYMENT (excl of apphc taxes) []Advance [] Arrcar~ Price Information [] AdJustment Period Ih'mt Charge Meter I 1~ Pant Chaq~e Meter I ~ Para Charge Meter I ~ [] Purchased Su :s [] Cash [] hn d [] Apphcatlon Software [] Trade In Allowance lhnal Principal Payment# [] K 16 Bdhng Addmonal Opttons tchu.k all that apply1 Agreement Presented By Customer AGREEMENT ADDENDUM THI~ I)OCUMI~,NI (]OMI'ANY XEROX ADDENDUM TO FINANCE PROFESSIONAL SERVICES CONTRACT FEES This ADDENDUM ("Addendum") amends the agreement between you and Xerox to which it is attached (the "Agreement ) The parties agree to the following terms which shall be additive to those found elsewhere m the Agreement I In addition to the Agreement, you and Xerox have entered into a Professional Services Contract dated 02/22/2001 (the "Servmes Contract' ) Rather than pay the amount due Xerox under the Services Contract as they become due, you have requested that the total amount of $ 3,400 payable under the Services Contract (the "Services Contract Fees") be added to the amount being financed under the Agreement As such, you and Xerox hereby agree that the Services Contract Fees will be prod by you as part of your Minimum Monthly Lease Payments or Monthly Installment Payments, as apphcable 2 Other than the transfer of your payment obhgatlon for the Services Contract Fees as stated above, the terms of the Services Contract shall remain unchanged and shall m all cases control your and Xerox' rtghts as to the prows~on of the underlying Professional Services In addition, you agree to make all payments under the Agreement related to the Serwces Contract Fees regardless of your behef as to the manner ~n which the Professional Services were provided (and, as such, will pursue any d~spute you have ~n this regard separate and apart from your uncondltmnal obhganon to pay the Services Contract Fees as part of the Agreement) 3 If you breach any of your obhgatlons regarding the Services Contract the Agreement or thru Addendum, any remmnmg port~on of the Services Contract Fees shall become immediately due and payable 4 Except as set forth above, the Agreement shall remmn as stated In the event of a confltct between the terms found elsewhere m the Agreement and this Addendum, this Addendum shall control ])ocuUrokcr I orm~ ~1864 5 (10/1998) 2f7/2001 Page 2 ot 8 LEASE AGREEMENT (Additional Products) '1'f1~, I )()(AJMI~,N'I COMPANY XER{ )X Worksheet 998627 Umt 2 Customer L~gal Name 0hll ~o) CI I'Y OF DENTON Check all that apply Natm Overflow (ff needed) A I~N ACCTS pAYABLE [] Attached Customer P O #s Supphes DC2000LH DC2060/45 EH DFE ~0 [] [] Consqlt~ne Servtces [] [] Price Information [] Ad,lustment Period Print Charge Meter 2 ~ Print Charge Meter 2 ~ Frmt Charge Meter 2 [] Purchased S;~ }lies [] Cash [] Fmd [] Application Software Tulal Puce = Total Initial [ ~¢euse I ee.s = f [] Trade In Allowance Final Prmctpal Payment# [] K 16 Btlhng Addttmnal Optmns (~heck all that apply) Manula~turer Model/Serial # Allowance Suspension [] Run Length Plan r~Flxed Price Plan (check I as required) [] Per FoOt Pricing [] June only Description / $__ fotal Allowance = [] July (inly [~Attached Addenda [] Augustonly lorm~. 51860 I forra~ Iolal Allowance Apphed to I-lqrade In Eqmp Balance [] June July J"JPrl~C of Replcnmt FXlulp [] July August I)ocuBrokcr I ort~ 51860 1 (08/2000) 2/7/2001 Page 3 Ill 8 AGREEMENT ADDENDUM Tll~ Dot t/M~ Nq COMPANY XER( )X ADDENDUM TO FINANCE PROFESSIONAL SERVICES CONTRACT FEES This ADDENDUM ("Addendum') amends the agreement between you and Xerox to which tt is attached (the "Agreement") The parties agree to the following terms which shall be additive to those found elsewhere tn the Agreement 1 In addition to the Agreement, you and Xerox have entered mto a Professional Services Contract dated 02/22/2001 (the "Services Contract ') Rather than pay the amount due Xerox under the Servtees Contract as they become due, you have requested that the total amount of $ 7,000 payable under the Services Contract (the "Services Contract Fees ) be added to the amount being financed under the Agreement As such, you and Xerox hereby agree that the Services Contract Fees will be paid by you as part of your Mtmmum Monthly Lease Payments or Monthly Installment Payments, as applicable 2 Other than the transfer of your payment obligation for the Services Contract Fees as stated above, the terms of the Services Contract shall remain unchanged and shall m all cases control your and Xerox' rights as to the provision of the underlying Professional Sarvlces In adthtlon, you agree to make all payments under the Agreement related to the Services Contract Fees regardless of your behef as to the manner tn which the Professional Services were provided (and, as such, wdl pursue any dispute you have m this regard separate and apart from your uncontht~onal obhgatton to pay the Services Contract Fees as part of the Agreement) 3 If you breach any of your obligations regarding the Services Contract the Agreement or this Addendum, any remaining portion of the Services Contract Fees shall become immediately due and payable 4 Except as set forth above, the Agreement shall remain as stated In the event of a conflict between the terms found elsewhere tn the Agreement and this Addendum, this Addendum shall control l)ocuBroker I orm# 51864 5 (10/1998) 2r//2001 I)ag~. 4 iii 8 LEASE AGREEMENT (Addlttonal Products) TIll, I)OGUM~,N r (]()MPANY XER( Ct~lomer I~gal Name (Bill ~) CITY OF I)ENTON Check all that apply Name Overflow (ff needed) ATYN ACCTS PAYABI E [~ Attached Custoner P O #s Supphcs Date ol Customer Signature on Agaehed Agre. em~nt I.case [] btam or Ix~cal G overnrm~nt Customer Customer Nam{. (Install) CITY Ol DEN'ION Name Overflow 0f needed) Int Rate 9 5% lotal Im Payable $ 3511 20 [] Replacement/Modification of Prior Xerox Agreement Installed dt Mre~t Address 1 loor/Ronm/Routmg 215 F MCKINNEY S I ~ hereby [] modxfled [] replaced Effective Date Clly State DbNTON IX /Ip Cede 76201 Lease Informatmn County Installed tn Denton I~ase lerm 60 months Cmlorcex Ro~tlested lmtall Da~ 02/01/2001 [] Supphes included in BastdPrmt Charges [] Refm ol Prior Agrml [] Xerox (95#t [] 3rd Paxty 1 q AmlRefin $ IntRate % ~lotallntPayabl¢ Lease Pa,/ment Information Product Purchase Down Prev I in 1 ASH35DI S H FCHbPdI~O[ DER ~0 [] $ 41'/08 MINIMUM MONTItL¥ LI~,ASE PAYMENT (excl o£ apphc taxes) Price lnformanon [] Adjustment Period Pened A Mm Affected ?ened B Mm Affected Monthly Base Charge ; 41708 Monthly Oa~e Charge Monthly ltase Charge Pnnt Charge Meter 1 ~ Pnnt Charge Meter 1 ~ Print Charge Meter I IRmtChargeMeter2 ~ PrmtCharl~eMeter2 ~ PrmtChargcMeter2 [] Purchased S~ *llas [] Cash [] I m d [] Apphcatton Software Reorder # Qt¥ Description ~rlce Software rltle [~1 c .,,h ~] ~ [] Trade In Allowaoce I mai Principal Payment# [] K 16 Bflhng Addmonal Opttons (check all that appl¥~ (check I as reqmred) [] Per 1 ¢~t lh-~cmg [] July only [] Attached Addenda Iotal Allowamc Applied to []Trade In Equip Balance [] June July []PrtceofReplenmt I quip ; [] July August ATTACHMENT A XEROX LEASE AGREEMENT (STATE OF TEXAS) TERMS AND CONDITIONS This Agreement ~s between XEROX CORPORA I1ON ( X~rox ) and stale of I~xa~ ( Cny of I)cnlon ) TERM Term ol this lease for Xerox eqmpmunt ~s _60__ months trom date ot equipment mstallatmn This lease can ly~ terminated only by expiration ol thc _60__ month period or by Customer s making all payments due and the pcrlormancc of all of tis other obhgattons requu'cd pursuant to thc terms of paragraph 18 below 2 PRICE A Thc ~mttal monthly Da,se price ts shown on the bid requisition or Xerox Order Agreement whtcbever ts appropriate The monthly lease pncc is subject to a maximum 6% escalation (maintenance portion only) at the option ol Xerox at thc begmnmg of each State of Texas Bscal yeardurmgtbetermot thtsagreement The cxccss copy charge tt apphcable is subject to amaxunum 10% cscalatton at theoptlonofXcrox under these same terms II I xccss copy charges shall be paid by Customer Customer shall report Lqmpmcnt meter readmgs to Xerox at tho end of each month ff thc copy allowance period ts monthly at the end of each slx month period ff thc copy allowuncc period ts %un annual or at the end of each twelve month per~od d the copy allowance period is annual Xerox shall have frec access to the l qmpment to ensure accuracy of the meter readings Metered unit copy charges shall be mvolced upon receipt of Customer's meter card If Customer s meter card ts not tunely received by Xerox the umt copy charges may be estimated by Xerox and mvmced ax.cordmgly until such re'ne as a meter reading ks received Terms ol paymcm arc Net 30 days" The copy allowance ts prorated during any copy allowance pertnd that the cqmpment ts installed for less than thc lull allowance period based on 30 day month 180-day slx month period or 360 day year In addition to any other acts or failure tn act which constitutes a default hereunder if Customer falls to pay when due any amount harem to be paid to Xerox Customer shall be ~n dclault Customer shall pay to Xerox a late charge where permitted of 1% per month ol the unpaM amount due until paid or thc maximum late charge otherwise permitted by apphcable law alter the expiration of any statutordy reqmrcd grace period as part of such default at Xerox' option 3 ~ The [~xlmpment furnished under thts lease agreement may be new rcmaunlactured reconditioned used or currently m place m Customer s location as specflied elsewhere m thcs agreement 4 TRANSPORTATION. BI~IJVERY AND REMOVAL I)ehvcry installation removal and any special rigging charges as shown on the bid rcqmsltton or Xerox Order Agreement as apphcabh, shall be pa~d by Customer These charges are apphcable to machines and accessories $ INSTALLATION The I~qmpment shall be mstalled at the Installation Address shown on purchase orders Thc Customer shall make available at that address a place ot installation that ts m accordance w~th Xerox' installation specthcatlons as ,,ct forth m the appropriate pages ot the Xerox puhhcaUon Installattnn Rcqua'emunts tot Xcmx I qmpment A Thc lxtutpment ts and shall at all tunes be and remain thc sol and exclusive property ol Xerox All replacements substaut~ons and repairs thereto shall become a component part of the Eqmpment and t~tlc thereto shall b¢ ~mmcdtately vested tn Xerox and shall b~ included under thc terms hereof 11 Customer will not remove any ownership ~dentfficatmn tags on thc lxtmpmcnt or sullcr or permit any hen or encumbruncc of any kind against the I qmpmunt or allow it to become I~xtures to real estate 7 S~2~LlhL~,Sg~ Xerox shall rotam title to the Equlpmunt and any and all additions replacements substitutions and repairs thereto Customer grants to Xerox a security interest m any products and proceeds of the foregoing tot thc purpose ot securing the paymcms duc hereunder and all other prom~v.s and ohhgat~ofls of Customer to Xerox arising under this Agreement Customer agrees to sign and execute at any ttmc alone or with Xerox any financing statements or other documents which Xerox deems reasonably necessary to protect and continue Xerox security interest under th~s Agr~mcnt Customer shall prevent and hold Xerox harmLss against thc asscmons ot tntcrcsts or clanns against the [ qmpmcnt by third paints 8 USE AND LOCATION OF EOUIPMENT ANO RISK OF LOSS A Customer shall use the l~.qutpmcnt m a careful and proper manner and shall not usc or deal wnh thc 1 qmpment m any mauncr which ~s inconsistent with the terms ot this Agreement or any applicable laws and rcgulaUons Thc 1 qmpmcnt wall not I~ m~suscd abu~d wasted or allowed to deteriorate except for ordinary wear and tear resulting Rom as intended usc Xerox shall have thc right to mspcct the 1 qmpmcm at any reasonable twne wherever located Xerox may mark the Fqmpmcnt tn conspicuously show that ~t has an interest thcrcm and Customer shall place no conthctmg marks or permit the Xcmx mark to be removed or dclaced B Customer shall bear risk ot loss or damage to Eqmpment arising lmm Customer s ncghgcncc or mtcntmnal acts Xcrnx shall b~ rcspnnslble Ior loss or damage to I qmpment from all other causes C Thc I qmpmunt shall be k~pt at the installation address(cs) and shall not be moved trom that location without thc. prior written con~nt ol Xerox The Customer shall be hable tot all costs assocmtcd wah relocation requested by Customer and approved by Xerox Thc% costs wdl include all apphcable mstallatton removal and spexlal nggmg charges and charges lot thc tune ~pcnt by a Tcchmcal Representative at thc rates m cffuct at the tune ol relocatmn Revised 6/2()~)4 9 ALTERATIONS AND ATTACHMENTS Customt~r ~halllnot make any alterations addmons attachments or unprovem~nts to tht~ Lqmpment without the prior written ¢onwnt el X~rox All additions ~teratmns attachments or ~provements el what~o~wr kind or natur~ which ~come permanently attached to th~ 1 qmpmem shah ~long to and ~come the property of Xvrox ~o A Lx~ept ~ ~t forth hereto Xerox w~ w~thout additmnal charges m~e all ne~s~y adju~tment~ rcpa~ and parts replacement to ke~p th~ t qmpmvnt ~ good operating ~ondttmn The~ ~rwces w~ ~ furm~hed by Xerox ~rwc~ locaUon nearest the msta~atmn address during X~rox normal working hours Service afWr X~rox normal working hours shah ~ furmsh~d on an ~ ava~able bas~ at the rates then m ~lf~ct B X~rox ~hafl not ~ ~qu~d to ~rto~ the ~rv~s or mpl~e parts as ~t lorth m sub paragraph 10 A a~ve ff the Eqmpmem ~s plac~d m an area which wolates Xerox' spa~e or enwonmemal r~u~ements (~ relerenced m paragraph 5 above) ~s ~mpro~rly w~ed moved modified damag~ alte~d or ~rwced by other than employees of Xerox or tf the l~mpment ~s msta~ed m a location whe~ Xerox serwce ~s not available to Xerox' regu~r Government rental customers tot that parucular product L ~y maintenance resulting from other than nermal operatmns oV the ~mpment including Customer s fault or m~su~ of the Lqmpmem w~ ~ mvo~ced to Customer ~ an addttmnal charge 11 WAR~NTY X~rox warrants thai when msta~ed the ~mpment w~ ~ m good operating condmon THE W~R~ EXPRESSED HEREIN IS EXCLUSIVE ~D IS IN LIEU Ot ~Y OTHPR W~R~IPS LXPRPSS OR IMPLILD OR STAT~ORY, INCLUDING BUT NOT I IMI~D TO ~Y IMPLII D W~R~TY OP MLRLH~II ITY OR ~TNESS 1 OR A P~TICUL~ PURPOSE 12 LI~ITATION OF ~MEDI~ AND DAMAGES A X~ROX' SOLE ~D EXCLUSIV~ CIVILITY UNDER THE W~R~TY ~PDCH lED 1N P~AGR~H 11 ~D UNDER ~Y SLRVICI OBLIGATION ASSUMED HEREUNDER OR UNDER ~Y PROVISION el THIS AGRLFMF~ SH~ L BE TO MAKI ~ L NECESS~Y ~JUSTME~S RFPMRS ~D REPLACEMFNTS TO M~NT~N THE FQUIPM~NT IN GOOD OP~RATIN(, CONDITION IN ACCORD~CE WITH THE TERMS ~D CONDITIONS HEREOF B Thc hab~ty of Xerox for bre~h of any w~anty hereunder ~s ~ted to the repa~ or replacement of Lqmpment or supphes on which the bab~ty is b~ C ~ other ~b~ty of Xerox w~th resp~t to a~mg from or m conn~uon w~th th~s agr~ment or from the manufacture ~taHat~on maintenance mpa~ or u~ of ~y ~u~pment covered by or fum~hed under th~ agreement whether m contract or m tort or othe~ l~ted to amounts prod by Customer to Xerox pursuit to the te~s hereof for thc umt of Fqmpment or ~rwcc from which the cla~ aro~ D Xerox shah not ~ ~ble for md~t mc~dent~ or con~quentml damages including but not ~ted to loss of u~ ~venuc or prol~t Remedies ~t forth helm are exclusive X~rox is ~xcu~d from non pe~ormance and shah not ~ hable for any dday m dehw~ or tot non dehw~ m whole or m p~t cau~d by occurrence et ~y contingency ~yond the control et Xerox including but not l~ted to work ~tnppagcs t~ c~vfl dmo~dt~nc~ rmts r~belhons a~cldent explosmn flood storm acts of God and s~mflar occurrences 14 If Customer shah fail to t~ely pay m full any sum due under this ag~m~nt (unless Customer h~ pro~rly executed *ts rights under the ~ctmn entitled ~und~g ) or ff Customer fails to comply w~th any other te~ or condition of thru Agreement ~d ff such failure m not remedied by Customer w~thm they (3H) days ~ter r~etvmg written not,ce trom X~rox th~n Customer shah M ~n d~fault In th~ event of default by Customer X~ox ~ha~ have the cumu~t~ve rights ~d remedies et a ~ured party under the laws of the State of Tex~ In add~tmn to such rem~d~ and not as a ~ttatmn the~of X~rox may m the event of delault d~larc the ~ntffe unpaid balance due h~reunder ~med~t~ly du~ and payable Xerox may take pos~ssmn of Eqmpment Customer shall pay all co~ts and ~xpen~s r~latmg to the enforcement or pr~rvatmn el X~rox rights hereunder including but not ~t~d to re.enable attorney s Under ~xpffatxon or ~arly re.matron of th~s leas~ or upon demand made by X~rox pursuant to paragraph 14 hereol Customer shaB make the ~ qmpmem available to Xerox for ~moval m the s~e condttmn as when dehvered to Customer reasonable we~ and te~ excepted at the Customer loc~tton de%r~d m paragraphs 5 ~d 8 Removal charges ~ as referenced m Paragraph 4 and el~where m thru documenffb~d A W~thout the prmr written count of X~rox Customer shall not (~) a~gn transler or pledge th~ l~m% the ~qu~pment or any part thereol or any interest thereto or (u) sublet or lend the Fqmpment or pe~t ~t to ~ u~d by anyon~ other than Customer or Customer ~mploy~ B X~rox may assign thm I~ or th~ l~mpment m whole or m part to any of ns who~y owned subsidiaries w:thout not*6e to Customer If Xerox wt~hes to ~stgn th~s l~ or the Equipment to any other party X~rox w~H l~rst notify Customer and gem Customer's con%hi Customer w~H ~rt any cla~ or deten~ ~t may have against X~rox and not against any ~uch ass~gn~ 17 FUNDING Customer stales that it ~s 1ts intent to make all lease payments hereundvr Ior the tull t~rm el this Agreement and m this regard Cu~tomtx repr~%nts that thc us~ of the l qmpment ~s ~ssential to ~ts op~ratlons howt~wr m the ~vent through no action mmated by Customer Lg~',latlw, body dots not appropriate lunds tor the contmuatton ol th~s Agr~mcnt lor any ll,,cal year after thc lu'st Il,cai y~ar and ~t has not tund', to continue th~s Agreement from oth~.r sources Customvr may at thc b~gmmng ol thc I~%al y~.ar lot which its legislative, body do~s net appropriate lunds upon thn'ty (30) days prtor written not,ce to Xerox return to X~rox at Customc.r s ~xp~nse the b. qmpmcnt de%r~d m tht~ Agreement and thereupon be released of tis obhgatlons to mak~ all lurther lease payments to Xerox dut~ th~reallcr d (0 the Ixlmpmcnt ~ rcturned to Xerox m good cond~tion and with no encumbrance against tttle (u) the Ioregomg not~ct, states th~ laflur~, ol the legtslat~vc, body te appropriate the necessary funds as the reason for caneellat~on and certifies that thc canceled I~.qu~pment ~s not being replaced by ~qu~pment pt~rtormmg functtons sunder to those performed by the Eqmpment during the n,~xt ensumg it,cai year and (m) the not,cc ~s accompamt.d by payment of all amounts then due to Xerox under thcs Agreement In the cvc.nt ol ',uch non appropriation ol funds and prior to electing to return the FXlmpmeet to Xerox Customer shall make a reasonable effort to ~d a wable asstgnee w~thm Customer's general orgamzat~on that can contmut, the contract and advtse Xerox of the results so that Xt~rox may proct.s,, the necessary documents ff Custom~.r ~ succc~slul m trading such an assignee In the event the Customer must return any f qmpment pursuant to the tc.rms of th~s paragraph Xerox shall r~tam all sums pa~d hereunder by Customer 18 RENEWAL. EXPIRATION OR PURCHASE A Absent renewal of th~s Agreement by Customer th~s Agreement shall ~xp~re at the end ol thc referenced pcrtod If allowable by thc State Customtr shall have the right to renew thcs Agreement for an additional 24 month period Upon written rcqucst by Customer Xerox agrees to lurntsh Customer with a new monthly I~ase rate for all of the Eqmpment subject to th~s Agreement such rate to he m effect for the 24 month renewal period Such rate shall he set at the d~seret~on of Xerox except that Xerox agrees that the rat~ shall be lower than the rate m ~lfact at thc ttm~ of contract exp~ratton Customt,r shall have th~s optmn of ren~.wal provided (1) Customer shall have full, led all of ~ts duties and obhgat~ons under th~ Agreement as of thc tune ~t ~,lects to cxerctse such r~.ncwal option and (2) Customer g~ves Xerox written not,ce by way of a complete and correct Purchase Order covenng thc 24 month renewal Pcr~od wtthm stxty (60) days prtor to the expiration ol the original term Customer must g~vc X~,rox a purchase order covering the 24 month renewal pcrmd prmr to the exp~atmn of the original lease period Wtthm 90 days of termination ol thc or~gmal contract upon wntt~.n request by Customer Xerox will lurmsh Customer w~th the exact rate for the enanmg 24 month renewal permd If no purchase order ~s received by X~rox thru l~asc wtll he terminated as stated above B If allowable by the State Customer shall have the right to purchase th~s l~qmpment during or upon exp~ratmn ol this lease at a purchase pr~ee determmexl by Xerox Customer shall have thru opportumty to purchase prowded (1) ( ustomer shall have fulfilled all of tts duties and obhgattons under th~s Agreement as of the tun~. tt elects to exercise such purch,xv.. option and (2) Customer g~vea Xerox written notice by way of a complete and correct Purcha% Order covering the purchase wtthm s~xty (60) days prmr to thc. exptrauon of the original term Customer must g~ve Xerox a purcha.,,~ order covenng the purcha~ prmr to the ~xpu'at~on ol th~ ortgmal lease period If no purchase order ts reeelved by Xerox thcs lea.',e w~ll ~ terminated as stated show. 19 GENERAL (see Amendment A) Any prov~.s~on of th~s Agreement prohlbtted by the laws ol the State of Texas shall bc ~n~ll~t~vt. to the ~.xt~nt ol such prohibition w~thout mvahdatmg the remaining prows~oas of th~s Agreement Icxcept as otherwise provtded h~rclnabove this Agrecm~.nt w~ll he governed and con,,trued acc0rdmg to tho domestxc laws of the State of Texas Xerox Total Sattsfactton Guarantee "If you are not satisfied w~th any Xerox eqmpment acqmred by you from Xerox (including Sales Agents and partictpatmg Dealers and Retailers), Xerox wtll, at your request, replace ~t wtthout charge with an tdentlcal model or, at the optton of Xerox, with a machme with comparable features and capabihttes Thts guarantee will be effecttve for 3 years followtng the Eqmpment dehvery, unless the eqmpment ts financed by Xerox for more than 3 years, ~n whtch event ~t wall be effecttve dunng the enttre term of Xerox financtng (except for certatn home- office and prevtously-~nstalled models whtch recetve coverage for one year) Thts guarantee apphes only to eqmpment whtch has been conttnuously mamtmned by Xerox or tts authotazed representattves under a Xerox express warranty or Xerox Mmntenance agreement" Amendment A Add the following sentence at the end of Section 19 "Exclusive venue for any lawsmt to enforce the right or obhgattons under thts lease shall be tn the courts of Denton County, Texas" AGENDA INFORMATION SHEET AGENDA DATE: February 20, 2001 Questtons concerning this acquisition may be chrected DEPARTMENT: Materials Management to Tom Shaw 349-7100 Howard Martin 349-8232 ACM' Kathy DuBose, Fiscal and Municipal Services~ SUBJECT: An Orchnance accepting competitive bids and awarding a contract for the Purchase of thirteen (13) Refuse Trucks and one (1) Heavy Duty Cab/Chassis, providing for the expenditure of funds therefore, and provlchng an effective date (Bid 2600 - Refuse Trucks and Heavy Duty Cab/Chassis awarded in the total amount $1,720,320) BID INFORMATION: This bid is for the purchase of thirteen (13) refuse trucks and one (1) heavy-duty cab/chassis The refuse trucks are as follows ,, Four (4) each Front Load · Two (2) each Rear Load · Two (2) each S~de Load · Three (3) each Automated Side Load · One (1) each Cab/Over Roll-Off · One (D each Conventional Cab Roll-Off 13 The heavy-duty cab/chassis will replace the cab/chassis under the hole digger truck utilized by DME · One (1) each Heavy Duty Cab/Chassis RECOMMENDATION: We recommend this bid be awarded to the lowest responsible bidder or the lowest responsible bidder under the 3% Local Preference Legislation Item Qty Description Supplier Bid Indicator Price Extended Pnce 1 4 Front Load Peterbilt Motors Co Local Preference $140,985 $563,940 2 2 Rear Load Dallas Frel~htlmer Lowest B~dder $ 86,089 $172,178 3 ~ Stde Load Lone Star Volvo Lowest B~dder $137,193 $274,386 4 3 Automated Side Load Peterbtlt Motors Co Local Preference $149,299 $447,897 5 1 Cab/Over Roll-Off Peterbtlt Motors Co Local Preference $108,689 $108,689 6 1 Conventtonal Cab Roll-Off ! Dallas Mack Lowest Btdder $ 98,540 $ 98,540 7 1 Heavy Duty Cab/Chassts Dallas Fre~shthner Lowest B~dder $ 54,690 $ 54,690 Total B~d Award $1,720,320 Agenda Information Sheet February 20, 2001 Page 2 RECOMMENDATION (CONTINUED): The recommended award of Items 2, 3, 6 and 7 is based upon the lowest responsible bidder m each case The recommended award of Items 1, 4 and 5 ~s the result of a comparison of those bids meeting specifications after the apphcatlon of the "3% Local Preference Legislation" Peterbilt Motors Company has requested the "3% Local Preference Legislation" be invoked Based upon this comparison, Peterbilt Motors Company is the recommended lowest responsible b~dder for Items 1, 4 and 5 Economic Factors for Local Preference Deterrmnatlons Peterbilt Motors Company · 2000 Property tax approximately $ 342,189 91 · Appraisal Property value approximately $87,657,607 00 · Approximately 1800-2000 employees m Denton over the last 3 Years · 7.5% of their utility bill transferred to General Fund · Continue to be the largest corporate contnbutor to the United Way, contributing approximately $254,864 00 to the community m 2000 Bidders offenng lower prices fmled to meet minimum specdicatlons on the packer body for strength of side and or floor construction, size/capacity of packer cylinders, dimensions of load opening, design of refuse retention openings, and/or operation systems In addition some took exceptlolls to tire sizes, warranty terms, frame strength, engine torque, suspension capacity and/or electrical connecttons on the cab/chassis PRINCIPAL PLACE OF BUSINESS: Peterbilt Motors Company Dallas Mack Denton, TX Dallas, TX Lone Star Volvo Dallas Frelghthner Houston, TX Dallas, TX ESTIMATED SCHEDULE OF PROJECT: Delivery for the completed refuse trucks is estimated to be from 120-180 days after receipt of an order Agenda Information Sheet Febmary 20, 2002 Page 3 FISCAL, INFORMATION: The acqtusitmn of these vehmles will be funded from Motor Pool Fund Account (720-025-0584- 9104) as presented dunng the budget preparation process Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet BID 2600 - Refuse Trucks ATTACHMENT 1 TABULATION SHEET ITEM # 1 - REFUSE TRUCK 40 CUBIC YARD FRONT LOADING - QTY (4) A Bruckner Mack $139,472 *** Mack/McNefius B Lone Star Truck $140,403 Volvo/Pak-Mor C Lone Star Truck $141,638 Volvo D Dallas Mack $141,915 Mack/E-Z Pack E Peterbilt Motors $140,985 $136,755 ** Peterbflt/E-Z Pack F Bruckner Mack $142,175 Mack/Pak-Mor G Dallas Mack $142,315 Mack/McNeflus H Peterbilt Motors $141,385 $137,143 Peterbfit/McNefius I Bruekner Mack $143,400 Mack/Hell J Dallas Freqlhthner $143,670 Fretghflmer/E-Z Pack K Dallas Fretghthner $144,070 Freqththnar/MeNellus L Peterbilt Motors $144,085 $139,762 PeterbflffPak-Mor M Dallas Mack $145,309 Mack/Pak-Mor Iq Peterbilt Motors $145,308 $140,949 Peterbfit/Wlttke O Peterbilt Motors $145,320 $140,960 PeterbtltJHeil P Dallas Mack $146,544 Mack/Heft ITEM # 2 - REFUSE TRUCK 25 CUBIC YARD REAR LOADING - QTY ( 2 ) DESCRIPTION ~ ~,~IOUNT ~ 3%LP MANUFACTURE A Dallas Freighthner $ 86,089 * Freighthner/Leach B Dallas Fre~ghthner $ 87,534 Fre~ghthner/Pak-Mor C Dallas Freqlhthnar $ 88,254 Freighthner/Hefl D Metro Sterling $ 88,995 Sterhn~JLeach E Metro Sterling $ 90,495 Sterhng/Pak-Mor F Metro Sterhng $ 91,160 Sterhng/Heil O Peterbilt Motors $ 92,225 $89,458 Peterbilt/Leach H Peterbilt Motors $ 93,670 $90,860 PeterbflffPak-Mor I Peterbilt Motors $ 94,390 $91,558 PeterbllffI-Iefl J Peterbilt Motors $ 94,425 $91,592 Peterbflt/MeNeflus K Southwest Intemauonal $ 95,205 International/I-,each L Southwest Int~mauonal $ 96,650 International/Pak-Mor M Southwest Intemauonal $ 97,370 International/Hell ITEM # 3 - REFUSE TRUCK SIDE LOADING - QTY ( 2 ) DESCRIPTION ' ~ ~AMOUNT 3% LP MANUFACTURE A Lone Star Truck $137,193 * Volvo/pak-Mor B Peterbilt Motors $130,219 *** $126,312 Peterbtlfflmpac C Peterbilt Motors $141,649 $137,399 Peterbilt/Pak-Mor D Dallas Freighthner $145,,051 Freighfliner/Pak-Mor * Low Bid Award ** 3% Local Preference Award *** Faded to Meet Minimum Specifications BID 2600 - Refuse Trucks TABULATION SHEET ITEM # 4 - AUTOMATED REFUSE SIDE LOADING - QTY ( 3 ) A Lone Star Truck $145,483 Volvo/Hell B Peterbilt Motors $144,869 *** $140,522 PeterbflffMcNellus C Peterbilt Motors $144,969 *** $140,620 Peterbflt/Labne D P0terbllt Motors $145,134 *** $140,778 Peterbflff Wayne E Dallas Fre~hthner $147.876 Fre~ghthnerfMcNellus F , Dallas Frelgbthn~r $147,976 Frelghtllnar/Labne O Dallas Fre~ghthner $148,141 Freighthncr/Leach H Peterbilt Motors $149,299 ** $144,820 PeterbdffHeil I Dallas Frel~bthno~r $152,303 Frel~hthnerPrleil ITEM # 5 - ROLL OFF (CAB OVER STYLE) - QTY ( 1 ) ~ ~.,..~,NT ,~ 3% LP A Bmc~er Mack $105.690 *** Mac~Oalbrea~ B Bomber Mack $105.750 *** Mac~Acc~a~ C Br,e~ner Mack $106.390 *** MacMG & H D Dallas M~k $108.130 Mac~Oalbrea~ E Peterbilt Motors $108.689 ** $105.428 PeterbflffGalbrca~ F Peterbilt Motors $109.178 *** $105.902 PeterbflffAcc~ate G . Dall~ Fre~ghthn~r $112.745 Frc~ghthner/Oalb~ H Peterbilt Motors $112.615 $109.326 Peterbfl~cNetlm ITEM # 6 - ROLL OFF (CAB OVER STYLE) - QTY ( 1 ) ~_qt~lt~TION ~ ~¢~/MOUNT, 3%LP MANUFACTURE Bru¢kn~r Mack $ 96.890 *** Mack/Oalbreath Br, mkn~r Mack $ 96.960 *** Mack/Accurate Bruckner Mack $ 97.600 *** Mack/G&H Dallas Mack $ 98.450 * Mack/Oalbreath Dallas Fre~hthn~ $ 99.587 Frelshthner/Oalbreath Metro Sterhn8 $ 99,998 Sterhns/Oalbreath Peterbilt Motors $104,645 $101,505 Peterbilt/Accurate Peterbilt Motors $103,176 $100,080 Peterbllt/Oalbreath 8outhwest IntemaUonal $106,450 Intematlonal/O & H Peterbilt Motors $108 ~ 102 $104,858 PeterbllfflVlcNellus ITEM # 7 - TANDEM CAB/CHASSIS (ONLY) FOR PRODUCTION DIGGER TRK - QTY ( 1 ) ~ ! DF~RlPTION , ~AMOUNT ' 3% LP MANUFACTURE A Dallas Frel~htlm~r $ 54,6r90 * Frel~hflmer B Metro Sterhnl~ $ 54,995 Sterhn8 C Peterbilt Motors $ 57,935 $56,197 Peterbilt D Southwest IntemaUonal $ 62,295 IntemaUonal 2 * Low Bid Award ** 3% Local Preference Award *** Failed to Meet MImmum Specifications ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING CONTRACTS FOR THE PURCHASE OF THIRTEEN (13) REFUSE TRUCKS AND ONE (1) HE~AVY DUTY CAB/CHASSIS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2600 - REFUSE TRUCKS AND HEAVY DUTY CAB/CHASSIS AWARDED IN THE TOTAL AlviOUNT $1,720,320) WHEREAS, the City has solicited, received and tabulated competitive b~ds for the purchase of necessary materials, equipment, supplies or services m 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 hereto described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown m the "Bid Proposals" submitted therefore, and WHEREAS, Section 271 905 of the Local Government Code allows the City to award a contract to a bidder having its pnnclpal place of business in the City if its bid is within three per cent of the lowest bid price received fi.om a nonresident bidder if the govermng body determines in wntmg, that the local bidder offers the City the best combination of price and additional economic development opportumtles for the City created by the contract award, including the employment of residents of the City and increased tax revenues to the City, and WHEREAS, the City Manager or a designated employee has reviewed the herein described bids for the matermls, eqmpment, supplies or services as shown in the "Bid Proposals" submitted therefore and represents to the City Council that the herein described local bidder's bid is wltlun three per cent of lowest bid price received fi.om a nonresident bidder, and WHEREAS, the City Council has provided in the City Budget for the appropnatnon of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herem, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the number 2, 3, 6 and 7 items m the following numbered bids for materials, equipment, supplies, or sermces, 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 and The City Council hereby determines that the vendor set forth below for items 1, 4 and 5 has its pnnclpal place of busmess m the City of Denton, Texas, its bid is within three per cent of the lowest bid price received from a nonresident bidder and such local bidder offers the City the best combination of price and additional economic development opportumtles for the City created by tlus contract award The number 1, 4 and 5 items in the following numbered bids for materials, equipment, supplies, or services from the below described local bidder and as shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved BID NUMBER, ITEM NO VENDOR AMOUNT 2600 2,7 Dallas Fre~ghthner $ 312,957 2600 3 Lone Star Volvo $ 274,386 2600 6 Dallas Mack $ 98,540 2600 1, 4, 5 Peterbilt Motors Company $1,120,526 SECTION II That by the acceptance and approval of the above numbered atems of the submitted b~ds, the City accepts the offer of the persons submitting the bids for such atems and agrees to purchase the materials, equipment, supphes or services in accordance wath the terms, specaficat~ons, standards, quantatles and for the specified sums contained ~n the B~d Invltat~ons, Bad Proposals, and related documents SECTION III That should the City and persons submitting approved and accepted atems and of the subrmtted b~ds wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the Caty Manager or his designated representative ~s hereby authorized to execute the written contract which shall be attached hereto, prowded that the written contract ~s in accordance with the terms, conditions, speclficataons, standards, quantatles and specified 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 numbered atems of the submitted bids, the City Council hereby authorizes the expendature of funds therefor m the amount and an accordance wxth the approved bads or pursuant to a written contract made pursuant thereto as authorized hereto SECTION V That th~s ordinance shall become effectave lmmedaately upon ~ts passage and approval PASSED AND APPROVED thas day of ,2001 EULINE BROCK, MAYOR ATTEST, JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAI~ FORM ~,/:Local Fi e~el~ ~ ~ e Ordm~EFUSE TRUCK Bid 2600 Agenda Item AGENDA INFORMATION SHEET AGENDA DATE: February 20, 2001 DEPARTMENT: Water Administration ACM Howard Martin, 349-8232 ~ SUBJECT. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH MONTGOMERY WATSON AMERICA, INC. FOR ENGINEERING SERVICES PERTAINING TO TI-IE CONFIGURATION AND INSTALLATION OF SOFTWARE APPLICATIONS FOR THE CITY OF DENTON LAKE RAY ROBERTS WATER TREATMENT PLANT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE BACKGROUND. Tbas proposal will provade the engmeenng services for the configuration, programming, start up and stafftrmnmg for the automatmn and control system for the new Lake Ray Roberts Water Treatment Plant Montgomery Watson as currently under contract wath the Caty of Denton to perform samflar professional services for the upgrade of the exastmg SCADA system at the Lake Lew~swlle WTP They have also been subcontracted by Freese and Nachols to provide the desagn of the electrical and mstrumentataon systems for the new Lake Ray Roberts WTP and tngh servace pump stataon famhtaes The Lake Lewasvflle WTP SCADA project as currently an progress and will completed tbas fiscal year The Lake Ray Roberts WTP project wall be advertased for b~ds ttus month The new control system will be based on an open arcbatecture, meamng the use of eqmpment as not hmated to one vendor, and use andustry standard software and hardware Intellutlon aFax as the soft,yarc that will be used for the project and as one of the leadmg industry standard software packages m use today Intellutaon as the same control software that as beang used for the Lake Lewasvflle Water Treatment Plant SCADA upgrade project, the Water ReelamaUon hftstataons and the Drmnage chvlslon's stonnwater momtonng system The Remote Terminal Umts (RTUs) and Programmable Logm Controllers (PLCs) for the project will be supphed by Control M~cro Systems These hardware devaces are the same supplaers that were selected for the Lake Lewasvalle WTP SCADA project To seIect a system antegrator for the Lake Lewasvalle WTP SCADA project, staff sent a Request for Informataon to 24 vendors that had been contacted concemang the project and that were known to have experience ~n systems antegrat~on and control automauon In the Request for Informataon staff stated the criteria for selectmg and rankmg the system antegraUon firms and a 1 1 revtew coranuttee determined the top four candidates to receive our RFSP document We received five responses to the Request for Information and based on our selection criteria decided on the top four The top four were totaled our Request for Sealed Proposals with the understanchng that we would be evaluating the proposals received pursuant to the rules for high technology procurements contained m TEX LOC GOVT CODE §252.021 and Ordinance No 88-129 of the C~ty, and that we would conduct negotiations wath the successful offerer After recelmng the proposals, the mmewmg committee selected Montgomery Watson's system integration team from Houston to proceed to the negotiation process Montgomery Watson and the City of Denton subsequently entered into a contract agreement that was approved by the Public Utlhtles Board on October 16, 2000 and by City Council on November 7, 2000 This project as currently underway and should be completed this fiscal year Dunng the design phase of the Lake Ray Roberts WTP project, staff considered two alternatives to promde system integration services for the automation and control system for the new plant The conventional approach specifies the scope of work m the construction contract documents and the general contractor for the construction of the plant selects a systems integration firm to subcontract the configuration and programming work Tins approach was used to install the SCADA system at the Pecan Creek Water Reclamation Plant dunng the last plant expansion The alternative approach would have the owner contract with the systems integration firm directly to provide these services and structure the construction contract documents to define the scope responslblht~es of the general construction contractor Since the City of Denton had previously selected Montgomery Watson as the most qualified systems integrator for the Lake Lewmvllle WTP SCADA upgrade project and they were already contracted by Freese and Nichols for the design of the electrical and instrumentation systems for the new Lake Ray Roberts WTP project, staff is reeommenchng they be also provide the configuration and programmmg sermces for tins project The advantageous of tins approach are as follows Montgomery Watson wall design and configure an instrumentation and control system that uses the same software and hardware that is being incorporated into the upgrade of the Lake Lewaswlle WTP SCADA system This will make at much easier to staff and mmntaln both faclhtles · Montgomery Watson as currently under contract by Freese and Nichols to perform the engmeenng design and contract documents for the electrical and the lnstmmentahon/control systems for the project With a direct contract between the City of Denton and Montgomery Watson for the automation system configuration and programmang services, the City wall obtain a "turn key" automation project using the general contractor and has electrical subcontractor to provide the installation of the instrumentation hardware The City of Denton will have a d~rect lane of commumcatlon with the system integrator to monitor performance and assure the end user gets a control system that meets their needs The conventional approach has the systems integration firm working as a sub consultant for the general contractor and not specifically for the owner/end user This contractual separation between the owner and the systems integration firm has often lead to less than 2 2 satisfactory end results for process automation and control ~nstallat~ons for new water and wastewater treatment plant construction projects · The cost to perform the services using e~ther of the two approaches wall be approximately the same The contractor's system antegratlon firm cost would be passed on to the owner as a part of the construction contract By hawng the C~ty of Denton d~rectly contract for these servmes w~th Montgomery Watson, the constmctmn contract would be reduced by a slmdar amount Staff negotmted a contract agreement wath Montgomery Watson based upon terms and condatmns previously agreed to m the ex~stlng contract agreement for the Lake Lewmwlle WTP SCADA project The negotaated contract agreement (Exhibit III) defines the scope of servmes to be provaded by Montgomery Watson dunng the construction phase of the project The contract also includes provlsmns for support services dunng the start up phase as well as provadang staff trmmng, O&M manuals and support services dunng the one-year warranty period aRer final acceptance of the automation system The contract ~s based upon a lump sum fee m the total amount of $ 442,046 OPTIONS. - Approve th~s contract for the configuration, programmxng, start up and staff trmnmg servmes for the automation of the new Lake Ray Roberts Water Treatment Plant - Recommend desired changes to the proposal for consaderat~on by staff and request renegot~atlons with Montgomery Watson - Modify the construction contract documents to include these services in the contractor's scope of work RECOMMENDATION' Staff recommends approval of the contract as negotiated by staff and submatted by Montgomery Watson This ~tem was reviewed and approved by the Pubhc Utfl~taes Board by a vote of 5-0 on February 5, 2001 ESTIMATED SCHEDULE OF PROJECT The Ray Roberts WTP construction project wall be released for bids an February of 2001 w~th contract award scheduled for April The construction phase will cover a 24-month period beganmng m April of 2001 The antm~pated schedule of the project ~s shown ~n Exhibit III FISCAL INFORMATION' The total amount of the Montgomery Watson contact for th~s project $ 442,046 The estimated constructaon cost for the Ray Roberts WTP project ~s shown ~n Exhlbat IV 3 Respectfully submitted Tim Fisher Assistant Director of Water Utflmes Extnblts Exh~blt I - Locatmn Map Extublt II - Professional Services Agreement Exhibit III - Project Schedule Exhibit IV - Construction Cost Estimate 4 4 LAKE RAY ROBERTS Ray Roberts Plant URGER RA~ER Lake Ray Roberts Treatment Plant EXHIBIT I ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH MONTGOMERY WATSON AMERICAS, INC FOR ENGINEERING SERVICES PERTAINING TO THE CONFIGURATION AND INSTALLATION OF SOFTWARE APPLICATIONS FOR THE CITY OF DENTON LAKE RAY ROBERTS WATER TREATM]ENT PLANT, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council deems it in the public ~nterest to engage Montgomery Watson Americas, Inc, a Cahforma Corporation ("MWA"), w~th offices m Fort Worth, Texas, to provide professional engmeenng servmes to the City pertmnmg to the configuration and installation of software epphcat~ons for the C~ty of Denton Lake Ray Roberts Water Treatment Plant, and WHEREAS, the City staffhas reported to the City Council that there ~s a substantial need for the above-described professional engmeenng services, and that hmlted C~ty staff cannot adequately perform the services and tasks w~th ~ts own personnel, and WHEREAS, Chapter 2254 of the Texas Government Code, known as the '~Profesmonal Services Procurement Act", generally provides that a City may not select a provider of professional services on the basis of competlt~ve bids, but must select the prowder on the basis of the promder's demonstrated competence, knowledge, and quahficat~ons, and for a fa, r and reasonable pnce, and WHEREAS, the City's procurement of profesmonal engineering servmes and related supporting supplies and materials provided by MWA m connection wath the above referred to professional ser~ces, are additionally exempt from the reqmrements of the State competitive bldchng law and pursuant to the City of Denton Code of Ordinances as a "high technology procurement" as permitted by Section 252 02 l(c) of the Texas Local Government Code, and W~RBAS, the City Council has provided m the City Budget for the appropriation of funds to be used for the purchase of the professional eng~neenng servmes, as set forth m the Professmnal Services Agreement, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the remtat~ons contmned in the foregoing Preamble to this ordinance are true and correct and the same are incorporated by reference herewith SI~CTION 2 That the C~ty Manager is hereby authorized to execute a Professional Services Agreement w~th Montgomery Watson Americas, Inc for professional eng~neenng services pertmnmg to the configuration and installation of soflware applications for the City of 6 EXHIBIT II Denton Lake Ray Roberts Water Treatment Plant, in substantially the form of the Professional Services Agreement attached hereto and incorporated herewith by reference SECTION 3 That the award of th~s Agreement by the C~ty ~s on the basis of the demonstrated competence, knowledge, and quahficatlons of MWA and the ab~hty of MWA to perform the services needed by the C~ty for a fmr and reasonable price SECTION 4 That the expenditure of funds as provided in the attached Professmnal Services Agreement ~s hereby authorized SECTION 5 That th~s ordinance shall become effective ~mmedlately upon its passage and approval PASSED AND APPROVED tlms the day of _, 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our Documents\Ordmances\01Wiontgomery Watson Americas In¢ PSA-Lake Ray Roberts doc STATE OF TEXAS § COUNTY OF DENTON § PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES PERTAINING TO THE CONFIGURATION AND INSTALLATION OF SOFTWARE APPLICATIONS FOR THE CITY OF DENTON LAKE RAY ROBERTS WATER TREATMENT PLANT THIS AGREEMENT is made and entered ~nto as of the day of ,2001, by and between the C~ty of Denton, Texas, a Texas Mummpal Corporauon, w~th ~ts pnnmpal offices at 215 East McK~nney Street, Denton, Texas 76201 (hereafter "OWNER") and Montgomery Watson Americas, Inc, a California Corporation, with its offices at 7557 Rambler Road, Dallas, Texas 75231 (hereafter "CONSULTANT"), the parties acting herem, by and through their duly-anthonzed representatives and officers WITNESSETH, that m constderataon of the covenants and agreements herein contained, the part~es hereto do mutually AGREE as follows ARTTC~T ,F, I EMPLOYMENT OF CONSULTANT The OWNER hereby contracts wtth CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services here~n ~n connection wah the ProJect as stated ~n the Articles to follow, Wlth dthgence and an accordance w~th the professional standards customarily obtained for such services m the State of Texas The professional services set forth herem are m connectton wtth the following described project (the "ProJect") Professional enganeermg serwces pertatmng to the design, software development, and the performance of related constmctaon phase services, for the SCADA software development project for the Lake Ray Roberts Water Treatment Plant ARTTCI,F~ IT SCOPE OF SERVICES The CONSULTANT shall perform the following Baste Servmes ~n a professmnal manner A To perform those professtonal services as set forth tn the "Scope of Services" for Lake Ray Roberts Water Production Plant, dated February 2001, and prepared by CONSULTANT for OWNER, which document is attached hereto as Attachment "A," and ts incorporated hereto by reference B If there ts any conflict, or if any conflict anuses between the terms of flus Agreement and Attachment "A" attached to thts Agreement, the terms and conditions of this Agreement shall control over the terms and condtuons of the Attachment Page 1 of 11 ARTTCT ,1~. TTT ADDITIONAL SERVICES Any adchtaonal servmes to be performed by the CONSULTANT, ~f authorized by the OWNER, winch are not included as Basra Servmes m the above-deacnbed Scope of Services, set forth as provided by Article II above, shall be later agreed-upon by OWNER and CONSULTANT, who shall determine, an writing, the scope of such additional services, the amount of compensanon for such add~tmnal servaces, and other essential terms pertmmng to the prowsmn of such addltaonal services by the CONSULTANT ARTICT ,~ T~ PERIOD OF SERVICE Tins Agreement shall become effeetave upon executmn by the OWNER and the CONSULTANT and upon the assuance of a notice to proceed by the OWNER, and shall remain an force and effect for the period that may reasonably be reqmred for the completmn of the Project, including Add~tmnal Servmes, ffany, and any reqmred extensions approved by the OWNER Tins Agreement may be sooner terminated m accordance w~th the prowsmns hereof T~me ~s of the essence m tins Agreement CONSULTANT shall make all reasonable efforts to complete the services set forth hereto as expedat~ously as posmble and to meet the schedule reasonably estabhshed by the OWNER, acting through ~ts Assastant Caty Manager for Utflataes, or Ins designee ARTTC. I.F, V COMPENSATION A COMPENSATION TERMS 1 "Expense" as defined as those expenses, if any, incurred by CONSULTANT an the employment of others m outsade firms, for servaces in the area of professmnal engmeenng, or related services Any subcontractor or subconsultant billing reasonably incurred by the CONSULTANT in cormectmn wath the Project shall be mvmced to OWNER at the actual cost plus ten percent 2 "Direct Non-Labor Expense" is defined as that expense, based upon actual cost, for any out-of-pocket expense reasonably recurred by the CONSULTANT m the performance of tins Agreement for long dastanee telephone charges, telecopy charges, messenger servmes, pnntmg and reproduction expenses, out-of-pocket expenses for purchased computer tame, prudently recurred travel expenses related to the work on the Project, and smaflar mmdental expenses recurred m conneetaon with the Project B BILLING AND PAYMENT For and an eons~deratmn of the professmnal servmes to be performed by the CONSULTANT hereto, the OWNER agrees to pay CONSULTANT, based upon the satmfactoTy completmn of the Basra Servmes tasks set forth m the Scope of Serrates as shown ~n Artacle II above, as follows 1 CONSULTANT shall perform ats work on tIns Project m accordance w~th the promsmns of those tasks that are descnbed as set forth m Attachment A - "Scope of Services" ^,Mo~,,o.~.w.~,,~.y~ob~.,~,~do~ Page 2 of 1 1 attached hereto and mcorporated herewith by reference CONSULTANT shall perform the said professional services substantially m accordance with the provisions herem CONSULTANT shall be paid for services rendered pursuant to the Agreement on the basas set forth in the "Schedule of Fees" contained m Attachment B, bdled monthly CONSULTANT shall bill based on percent complete for each task OWNER agrees to pay to CONSULTANT for its professional sermces performed, for ~ts Subcontractor Expense, Equipment Expenses, and for its Direct Non-Labor, out-of pocket expenses ancurred m the ProJect, a total lump-sum amount of fees and expenses of Four Hundred Forty-two Thousand Forty-sm dollars ($442,046 00) 2 Partial payments to the CONSULTANT wdl be made monthly an 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 Utihtles, or his destgnee However, under no circumstances shall any monthly statement for services exceed the value of the work performed at the t~me a statement ~s rendered The OWNER may withhold the final ten (10%) percent, or any other lesser sum that shall adequately protect OWNER, of the above not-to-exceed amount until satisfactory completion of the ProJect by the CONSULTANT 3 Nothing contained m this Article shall reqmre the OWNER to pay for any work which as unsatisfactory as reasonably determined by the Assastant Caty Manager for Utlltues or his designee, or which is not subrmtted by CONSULTANT to the OWNER m comphance w~th the terms of this Agreement The OWNER shall not be required to make any payments to the CONSULTANT at any time when the CONSULTANT is in default under this Agreement 4 It ~s specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would reqmre addational payments by the OWNER for any charge, expense or rermbursement above the not-to-exceed amount as stated herelnabove, w~thout first havang obtained the prior written authorization from the OWNER CONSULTANT shall not proceed to perform any services to be later provided for under Article III "Additional Services," without first obtaimng prior written authorization from the OWNER C ADDITIONAL SERVICES For additional servaces authorized an writing by the OWNER an Amcle III heremabove, CONSULTANT shall be paid based on a to-be-agreed-upon Schedule of Charges Payments for additional servmes shall be due and payable upon submission by the CONSULTANT, and shall be m accordance w~th Amcle V B heremabove Statements for Basle Services and any additional services shall be submitted to OWNER no more frequently than once monthly D PAYMENT If the OWNER fails to make payments due the CONSULTANT for services and expenses wlttnn sixty (60) days after receapt of the CONSULTANT'S unchsputed statement thereof, the amounts due the CONSULTANT wall be increased by the rate of one percent (1%) per month fi.om and after the said SlXtaeth (60th) day, and an addltnon, thereafter, the CONSULTANT may, after gavang ten (10) days written notice to the OWNER, suspend servaces under this Agreement until the CONSULTANT has been paid m full for all amounts then due and owing, and not disputed by OWNER, for services, expenses and charges Provaded, however, nothing hereto shall require the OWNER to pay the late charge of one percent (1%) per month as set forth hereto, af the OWNER reasonably ^,Mo.,.~on,,~w,,o,L.~.~.yRo~.~S^d~ Page 3 of 11 deterrmnes that the CONSULTANT's work ~s tmsat~sfactory, ~n accordance w~th Artmle V B ofttns Agreement, and OWNER has notafied CONSULTANT of that fact m writing ARTICI .~. VI OBSERVATION AND REVIEW OF THE WORK The CONSULTANT w~ll exermse reasonable care and due thbgence in d~scovenng and promptly reporting to the OWNER any defects or deficiencies ~n the work of the OWNER or Contractor at the Lake Ray Roberts Water Production Plant s~te ARTICI.Iq VII RESPONSIBILTIES OF OWNER The completion of this project contemplates several reqmrements to be completed by the OWNER These reqmrements are critical to the completion of the project and ~n meeting the project schedule The following ~tems are the respons~hihty of the OWNER 1 For completion of this project the OWNER'S contractor that ~s constructing the Lake Ray Roberts Water Treatment Plant shall be instructed by the OWNER or his designee to coordinate w~th the CONSULTANT dunng the constmctmn phase to schedule on- s~te inspection and instrumentation verification 2 For construction coordination and on-site ws~t requirements, the OWNER or his designee must not~fy the CONSULTANT at least two weeks ~n advance 3 Any delay ~n schedule by the OWNER (or his contractor) that effects the overall completion date will result m an extension of the Agreement, as well as compensation to the CONSULTANT for any addat~onal expenses reasonably ~ncurred ~n labor, threct expenses, or ~ndirect expenses These costs shall be negotmted and added to the Agreement as Addmonal Servmes Delays ~nclude, and are not hm~ted to ~ncomplete mformation dunng the development of software, or failure to fimsh construction ~n the scheduled time, or lack of access to plant s~te AR TIC, I ,F, VIII OWNERSHIP OF DOCUMENTS All documents prepared or furrnshed by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to tlus Agreement are ~nstmments of servme and shall become the property of the OWNER. upon the termination of th~s Agreement The CONSULTANT ~s entitled to retann cop~es of all such documents The documents prepared and furmshed by the CONSULTANT are intended only to be apphcable to tins project and OWNER's use of these documents ~n other projects shall be at OWNER's sole nsk and expense In the event the OWNER uses the Agreement ~n another project or for other purposes than specffied here~n any of the mformatmn or matenals developed pursuant to this Agreement, CONSULTANT ~s released from any and all hahihty relating to their use m that proJect Page 4 of 11 ARTTCT,E TX i'NDE?ENDENT CONTRACTOR CONSULTANT shall prowde services to OWNER as an independent contractor, not as an employee of the OWNER CONSULTANT shall not have or clmm any right arising from employee status ARTI(2T .~ X INDEMNITY AGREEMENT The CONSULTANT shall mdemmfy and save and hold harmless the OWNER and its officials, officers, agents, attorneys and employees from and against any and all hablhty, claims, demands, damages, losses and expenses, including but not limited to court costs and reasonable attorney fees incurred by the OWNER, and including without limitation damages for bodily and personal mjmy, death, or property damage, to the extent caused by the negligent acts or omissions of the CONSULTANT or its officers, shareholders, agents, subcontractors, subconsultants, attorneys, and/or employees m the executmn, operatmn, or performance of this Agreement Notlung in tins Agreement shall be construed to create a liability to any person who is not a party to this Agreement and nottung hereto shall wmve any of the party's defenses, both at law or equity, to any clatm, cause of action or litigation filed by anyone not a party to this Agreement, including the defense of governmental lmmumty, which defenses are hereby expressly reserved ARTTC. I .F. XT INSURANCE Dunng the performance of the Services under this Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Board or any successor agency, that has a rating with A M Best Rate Carriers of at least an "A-" or above A Commercial General Lmblhty Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 m the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 m the aggregate B Automobile Liability Insurance with bodily injury hnuts of not less than $500,000 for each person and not less than $500,000 for each accident and with property damage limits for not less than $100,000 for each accident C Worker's Compensatmn Insurance m accordance with statutory requirements and Employer's Liability Insurance with lurers of not less than $100,000 for each accident D Professmnal Liability Insurance with Inmts of not less than $500,000 annual aggregate E CONSULTANT shall furmsh insurance certificates or insurance policies to the OWNER to evidence such insurance coverage The Commercial General Liability and the Automobile Liability insurance policies shall name the OWNER as an additional insured on all such poheles to the extent that is legally possible, and shall contain a provision that such insurance A ~o~.~o~.,, w.~.U~o ~.y Ro~. ,~ P age 5 of 11 shall not be cancelled or modified without at least thirty (30) days prior written notice to OWNER and CONSULTANT In such event, the CONSULTANT shall, prior to the effective date of the change or cancellataon of coverage, deliver copies of any such substitute policies, funushmg at least the same policy lamts and coverage to OWNER ARTTC, T,F~ XTT ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under flus Agreement by submtttlng the dispute to arbitration or other means of alternate dispute resolution such as mediation No arbitration or alternate dispute msolutaon arising out of or relating to, thas Agreement involving one party's disagreement may include the other party to the disagreement without the other's approval ARTTCI .R XTTT TERMINATION OF AGREEMENT A Notwithstanding any other pmv~slon of flus Agreement, either party may terminate flus Agreement by promdmg tturty (30) days advance written notice to the other party B Tfus Agreement may alternatively be terminated in whole or in part m the event of either party substantially fmhng to fulfill its obligations under tbas Agreement No such termination will be effected unless the other party is given (1) written not,ce (delivered by certified marl, return mce~pt requested) of intent to terminate and settang forth the reasons specifying the nonperformance or other reason(s), and not less than tharty (30) calendar days to cure the faflttre, and (2) an opportumty for consultation with the ternunatlng party prior to termination C If flus Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all se~vmes upon receipt of the written notice of termination f~om OWNER, and shall render a final bill for services to the OWNER wlthm twenty (20) days after the date of termination The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed, and for reimbursable expenses prior to notice of termination bemg received by CONSULTANT, m accordance with Article V of tbas Agreement Should the OWNER subsequently contract with a new consultant for the continuation of services on the ProJect, CONSULTANT shall cooperate in providing information to the OWNER and to the new consultant If apphcable, OWNER shall allow CONSULTANT a reasonable tmae to transition and to mm over the ProJect to a new consultant CONSULTANT shall turn over all documents prepared or furmshed by CONSLTLTANT pursuant to tbas Agreement to the OWNER on or before the date of termination, but may mmntmn copies of such documents for its files p.R TIO. I.R XIV RESPONSIBILITY FOR CLAIMS AND LIABILITIES A Approval of the work by the OWNER shall not constitute, nor be deemed a release of the responslblhty and liability of the CONSULTANT, its officers, employees, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work performed pursuant to flus Agreement, nor shall such approval by the OWNER be deemed as an assumption of such responsibility by the OWNER for any defect in the design or other work prepared by the ^,Mo.~,omc. w,~,,~.~.y~b*~*0c Page 6 of 11 CONSULTANT, ~ts pnnmpals, officers, employees, agents, subcontractors, and subconsultants B CONSULTANT, as part of the Services, may furmsh, recommend, or identify to OWNER certain tinrd party software As CONSULTANT ~s not the author, manufacturer, or developer of such sofrware, CONSULTANT does not g~ve any warranty, express or ~mphed of tturd party software, and shall not be hable for any defects ~n such sot'c~vare, but will pass the manufacturer's warranty to the OWNER C CONSULTANT warrants that as to Sofb~vare developed under tins Agreement that (0 the Software w~ll perform substantially m accordance w~th written materials prowded w~th the Sol,rare for a period of 90 days from the date from the date that ~t ~s received by OWNER and (u) the med~a on winch the Soft3vare is chsmbuted shall be free from defects ~n materials and workrnansinp for a penod of 90 days from the date that it ~s received by the OWNER CONSULTANT'S entire habthty and CONSULTANT'S exclusive remedy under tins lmuted warranty will be, at CONSULTANT'S optaon, e~ther (t) the return of the price paul for the Software or (n) repmr or replacement of the Sol'~vare or the media that is returned by CONSULTANT Tins hm~ted warranty ~s void if the fmlure of the Software or media is due to accident, abuse, m~sapphca~on or unauthonzed modlficat~on Any replacement Software or med~a wall be warranted for the remainder of the ongmal warranty penod or 30 days, whmhever ts longer D TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CONSULTANT DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE AND THE ACCOlVlPANYING WRITTEN MATERIALS CONSULTANT DOES NOT WARRANT THAT THE SOFTWARE WILL MEET CLIENT'S R~QUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SOFTWARE WILL OPERATE IN COMBINATION WITH ANY OTHER SOFTWARE THAT CLIENT SELECTS FOR ITS USE, OR THAT DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED CONSULTANT FURTHER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF USE OF THE SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS WITH RESPEC~I TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CONSULTANT SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY SOME STATES/JURISDICTIONS DO NOT ALLOW TIlE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO THE OWNER UNDER SUCH CIRCUMSTANCES AR TTC2T .F. XrV NOTICES All notices, commumcatlons, and reports reqmred or permitted under tins Agreement shall be personally delivered to, or telecopled to, or mmled to the respective part, es by depositing same m the Umted States marl at the addresses shown below, postage prepmd, certified mall, return recetpt requested, unless otherwise spemfied hereto To CONSULTANT To OWNER Montgomery Watson Americas, Inc City of Denton, Texas Wayne Hunter, Busmess Umt Manager Michael W Jez, C~ty Manager 7557 Rambler Road, State 1050 215 East McKanney Dallas, Texas 75231 Denton, Texas 76201 Fax (214) 360-9929 Fax (940) 349-8596 All notices given under tins Agreement shall be effective upon their actual receipt by the party to whom such notice is given ARTT(2T .I~. XVT ENTIRE AGREEMENT Tins Agreement consisting of eleven (11) pages and two (2) Attachments constitute the complete and final expression of the Agreement of the parties and is intended as a complete and exclusive statement of the terms of thetr agreements, and supersedes all prior contemporaneous offers, pronuses, representations, negotiations, discussions, comJnumcatlons, understandings, and agreements winch may have been made m connection with the subject matter of ttus Agreement ARTTCT.1R. XVTT SEVERABILITY If any provision of tins Agreement is found or deemed by a court of competent juns&ctlon to be invalid or unenfomeable, it shall be considered severable from the remainder of tins Agreement, and shall not cause the remmnder to be invalid or unenfomeable In such event, the parties shall reform tins Agreement, to the extent reasonably possible, to replace such stricken provision with a valid and enfomeable provision winch comes as close as possible to expressing the original lntentmns of the partaes respecting any such stricken pmvmon ARTICI.F. 3(VIII COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, local laws, rules, regulations, and ordinances apphcable to the work performed by CONSULTANT hereunder, as they may now read or as they may hereafter be amended ARTIO. I.R XD( DISCRIMINATION PROHIBITED In performing the services required hereunder the CONSULTANT shall not dlscnrmnate against any person on the basis of race, color, religion, sex, national ongm or ancestry, age, or physical hah&cap ARTICLE XX PERSONNEL A CONSULTANT represents that it has or will secure at its own expense all personnel required ^~o,,,~o.,0. w.~L,~..~yRo~...,~d~ Page 8 of 11 to perform all the sermees reqmred under thts Agreement Such personnel shall not be employees or officers of, nor have any contractual relattons with the OWNER CONSULTANT shall tmmedmtely reform the OWNER m wnttng of any conflmt of ~nterest or potentml conflict of mterest that CONSULTANT may d~scover, or winch may arise during the term ofthts Agreement B All services required hereunder will be performed by CONSULTANT or under ~ts d~rect supervision All personnel engaged m performing the work prowded for ~n tins Agreement, shall be quahfied, and shall be anthonzed and permitted under state and local laws to perform such services AI~TICI .~ XXI ASSIGNABiLITY The CONSULTANT shall not assign any interest ~n tins Agreement and shall not transfer any ~nterest ~n ttus Agreement (whether by assignment, novation or otherwise) w~thout the prior written consent of the OWNER CONSULTANT shall promptly not~fy OWNER in writing of any change of~ts name as well as of any s~gmficant change ~n ~ts corporate structure or ~n ~ts operations ARTTCT.F~ XXII MODIFICATION No wmver or modfficatmn ofttus Agreement or of any covenant, condttton, hmttatton here~n contmned shall be vahd unless m writing and duly executed by the party to be charged therewith No ewdence of any waiver or mo(hficat~on shall be offered or received m ewdence tn any proceedmg arising between the part,es hereto arising out of, or affectmg thts Agreement, or the rights or obhgat~ons of the part, es hereunder, unless such watver or mochficatmn is tn writing, duly executed The part,es further agree that the prows~ons of th~s Artmle w~ll not be wmved unless as here~n set forth ARTTCI ,R XXII¥ MISCELLANEOUS A The following Attachments are attached to, ~ncorporated herewtth by reference, and are made a part of tins Agreement for all purposes pertinent Attachment "A" - "Scope of Servaces" Attachment "B" - "Schedule of Fees" B CONSULTANT agrees that OWNER shall, nnttl the expiration of four (4) years after the final payment made by OWNER under tins Agreement, have access to and the right to examine any d~rectly pemnent books, documents, papers and records of thc CONSULTANT mvolwng transactaons relating to th~s Agreement CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT famhtaes and shall be prowded adequate and appropnate working space m order to conduct exanunat~ons or auchts ~n comphance w~th tbas Article OWNER shall g~ve CONSULrANT reasonable advance notme of all ~ntended exannnat~ons or audits C Venue of any stat or cause of action under tins Agreement shall he exclusively m Denton ^~o,,..,..',,,,,..~.,.,,,,..~,,~,~,.~,s.~,o~ Page 9 of 11 County, Texas Tlus Agreement shall be governed by and construed in accordance with the laws of the State of Texas D For purposes of flus Agreement, the panics agree that the Project Manager shall be Darryl Corbm, Prmclpal, and the key person who will perform and direct most of the work for the Project Team will be led by Pete Landgraf, Project Engineer Tins Agreement has been entered into with the understanding, expectataon, and the OWNER's reliance, that the above- stated employees of CONSULTANT shall perform all or a s~gmficant portion of the work on the Project Any proposed changes regarding the change of the Project Manager or other key personnel, requested by CONSULTANT, respecting one or more of the above-stated employees, shall be subject to the approval of the OWNER, winch approval the OWNER shall not unreasonably withhold Nothing herean shall hnut CONSULTANT from usmg other qualified and competent members of its firm to perform the other lncadental services requlred hereto, under ~ts supervision or control E CONSULTANT shall commence, can'y on, and complete its work on the Project wlth all apphcable dispatch, and m a sound, economical, efficient manner, and in accordance w~th the provmons hereof In accomphsbang the Project, CONSULTANT shall take such steps as are appropriate to ensure that the work mvolved ~s properly coordinated w~th any related work being earned on by the OWNER F The OWNER shall assist the CONSULTANT by placmg at the CONSULTANT's d~sposal all avaalable mformat~on pertinent to the Project, xneludmg previous reports, any other data relatave to the Project and arranging for the access to, and make all provisions for the CONSULTANT to enter m or upon, public and private property as required for the CONSULTANT to perform professional services under this Agreement OWNER and COlqSULTANT agree that CONSULTANT is entitled to rely upon ~nformat~on furmshed to it by' OWNER without the need for further mqu~ or investigation ~nto such mformatlon G The captions of tins Agreement are for mformataonai purposes only and shall not in any way affect the substantive terms or eond~taons of tlus Agreement IN WITNESS WHEREOF, the OWNER, the C~ty of Denton, Texas has executed ti'us Agreement ~n s~x (6) ongmal counterparts, by and through ~ts duly-authorized C~ty Manager, and CONSULTANT has executed this Agreement by and through ~ts duly-authorized undersigned officer on tbas the day of ,2001 CITY OF DENTON, TEXAS A Texas Mummpal Corporation By MICHAEL W JEZ, C~ty Manager ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY "CONSULTANT" MONTGOMERY WATSON AMERICAS, INC A Cahforma Corporation ATTEST ATTACHMENT A SCOPE OF SERVICES For Lake Ray Roberts Water Production Plant City of Denton, Water Utility Configuration Serwces PROJECT DESCRIPTION The scope of work to be provided by Montgomery Watson includes all engineering services for the design and configuration of the SCADA system for the Lake Ray Roberts Water Production Plant These services will include the development of software apphcattons, assistance in start-up servmes, system trmnmg, operations and mmntenance manuals and maintenance and warranty services Addmonal Attachments 1 Attachment B - Schedule of Fees This scope of work is chvlded into four primary tasks Task 1 ProJect Management Task 2 Engmeenng Services Task 3 Post Design Services Task 4 Warranty and Mmntenance Services TASK 1 - PROJECT MANAGEMENT ProJect Management shall include the following major tasks and subtasks Task lA. Proleet Management 1 Mobilization of team personnel and conduct lmtml meeting with Denton utility staff The Consultant shall coordinate with the Denton utthty the nntlal lack-off meeting Tbas meeting shall include key members of the Project Team and the Denton utdlty Agenda items shall include · Communication issues · Project Scope · Project Schedule · Meeting formats · Dehverables · Data sources 2O · Data Structures for deliverables · Data Retneval Coorchnatlon 2 Provide general project admlmstratlon throughout duration of the project Task lB Proleet Schedule 1 Project schedule will be developed upon receipt of Lake Ray Roberts Water Treatment Plant contractor construction schedule 2 Montgomery Watson will develop and maintain a project schedule, that will identify milestones and transitions points 3 The schedule will be updated on an every other month meeting basis Task 1 Dehverables 1 Agendas for all scheduled meetings 2 Minutes for all scheduled meetings 3 Project schedule TASK 2 - ENGINEERING SERVICES Engineering Services will include the following subtasks Task lA Develop Logic Control Programs 1 Montgomery Watson will develop the control logic programs for the WTP control system Tlus task will include two (2) design meetings to determine the desired method of control and operation of logic sequences, development of standard logic templates to be utilized m each control program, and productmn of the final control logic programs Control programs will be developed for the following processes Raw Water Pump Station ·Raw water flow controls for the gravity feed control valve and the force feed variable speed pumps ·Remote start/stop controls for the pump suction and discharge valve and station isolation valves · Flow controls for the chemical feed · Commumcatlon for valve and radio systems Chemical Feed and Ozone System ·Chemical feed rate closed loop control and momtonng for caustic, polymer, ferric sulfate, chlonne and ammonia for automatic flow pacing · Bulk storage momtonng, alarming and transfer control · Ozone flow rate and ozone generator power rate control Basin, Sludge, Filter and Transfer Pump Systems · Control and momtonng of the rapid mix pump, flocculator drives, and sludge collector drive · Control and momtormg of the sludge draw offprocess · Automatic level control, manual control and monltonng of the transfer pumps · Control and momtonng of the filtration process · Automatic control and momtonng of the ~nfluent channel level · Filter backwash sequencing, wash water recovery and Injection of filter aid polymer High Service Pumping · Control, momtonng and alarming of the clearwell and lugh serwce pumps Electrical Main Sw~tchgear · Momtonng and alarming of the plant power TASK 2B Human Machine Interface (HMI) Screens and Reports 1 Montgomery Watson will configure the HMI software for the WTP control system Tl~s task will mclude one (1) design meeting to determine the preferred operator interface and report formats Configuration serwces will melude developmg the system database, graphic displays, trend graphs, and control wmdows, historical records and reports for day, week, month and year 2 The database will include all PLC I/O points, all direct connect I/O points mcheated on the final Lake Ray Roberts Water Treatment Plant design P&ID plans, up to a maximum of 2000 points The database will include the calculated values, setpomts, and control commands as described m the Logic Control task 3 The display system will include four levels of operator screens These displays will include a plant overview, an overview for each unit process, a detmled screen for each umt within a process and a lustoncal and trenchng summary The screens will melude a logical paging system between screens w~th menus as necessary Trends will be configured for all measured analog values and pertinent derived values Control w~ndows will be configured for each pump, valve and drive A detailed summary d~splay will be prowded for filter backwash recipes and filter process parameters 4 H~stoncal records will be mmntmned for measured analog values, eqmpment status, and alarm occurrences 5 The reports will include a plant production and performance report, a comphance (devmt~on) report, a chemmal and energy usage report, and a eqmpment run ttme and failure report TASK 2C Start-up Control System 1 Montgomery Watson will provide assistance ~n the testmg and start-up of the plant and control system Ttus will include assistance to the contractor m the testing of all PLC I/O point, ~ncludmg s~gnal transfer through the PLC to the HMI software as ~ndmated on water treatment plant P&ID design documents Montgomery Watson will test all PLC programs and HMI software configuratmn and will make all adjustments necessary to pmwde a fully functional and operational system This will include a record of all tests performed After completion of the testing, Montgomery Watson will prowde start-up serrates to put into operation the PLCs and HMI software at the plant Thru will include the control system commumcat~ons network 2 The Lake Ray Roberts Water Treatment Plant constmctmn contractor will prowde all hardware and all eqmpment mstallatmn for the Lake Ray Roberts Water Treatment Plant control system The plant constmctmn contractor under the reqmrernents of the Lake Ray Roberts Water Treatment Plant contract will promde the ozone system and standby generator PLC control programs Th~s contract will only include verifying s~gnal output Task 2 Deliverables 1 Design meeting agendas 2 Design meeting minutes 3 Control logtc program templates (19 maximum) 4 lYO database (maxtmum 2000 points) 5 F~ve formatted reports 6 Start-up test reports and forms TASK 3 - POST DESIGN SERVICES These services are for ass~stlng the Owner m tratmng their personnel in the use and operatxon of the system and prowde them w~th manuals for ass~sung m operatmn and maintenance 23 TASK, 3A Operation and Maintenance Manuals 1 Montgomery Watson will prepare detailed O&M manuals m the set-up, operatmn, mmntenance, and troubleshooting of the WTP computer control system The operations manuals wall include a copy of each screen with a written description of the operations and methods of accessing control functions The deser~ptaons will be incorporated into the computer system as on-hne help screens The maintenance descriptions will include complete annotated PLC programs, a description of the HMI configuratmn with full documentation of instrument addresses and a trouble shooting guide to aid in determ~mng the cause of hardware and soi~are problems The maintenance manuals will be delivered m both hard copy and software forms and wall be accessible through the plant computer system TASK 3B System Training 1 The Consultant will prowde training m the operation, maintenance, and troubleshooting of the WTP control System Trmnmg will be promded at several levels, including operators, technicians, programmers, and managers The tralmng material will consist primarily of the manuals described above 2 The operator trmmng classes will be up to 16 hours in durataon and wall be presented up to 3 times 3 The PLC programming and trouble shooting class will be up to 40 hours m duration and will be presented up to 2 tunes 4 The HMI software class wall be up to 40 hours in duration and will be presented up to 2 tunes 5 Each class may be video taped to provide a complete and comprehensive version of the class presented for use by the utlhty in the future Task 3 Dehverables 1 Operations manuals - 2 hardcopy, 1 electromc copy 2 Maintenance manuals - 2 hardcopy, 1 electromc copy TASK 4 WARRANTY AND MAINTENANCE SERVICES 1 The Consultant shall provide on-site warranty service for one year The year as to began either after final acceptance of the configured system or one month after substantial completion of the Lake Ray Roberts WTP 2 The on-s~te service shall include up to 12 days, 3 days per quarter The 12 days may include reqmred and requested programming changes or warranty 24 replacement If the 12 days are not used for warranty items the City may request the remalmng days to be used for additional tranung or system enhancements 3 If the Owner requests addmonal time it will be negotiated at the time of request Task 4 Deliverables 1 Modfficatlons to Operation and Matntenance manuals - 2 hardcopy, 1 electromc copy ATTACHMENT B Schedule of Fees The BASIC ENGINEERING SERVICES FEE shall provide compensation for all tasks ~dentffied m Attachment A, as reqmred for the completion of this project 1 The Basra Eng~neenng Servme ~s for all eng~neenng services in Attachment A The bas~s for compensation shall be Lump Sum The total maximum BASIC ENGINERING SERVICES FEE shall be Four Hundred Twenty-six Thousand One Hundred Forty-two dollars ($426,142 00) 2 The Warranty Services to be supphed to the C~ty of Denton for the one year period upon completion of the SCADA system ~s for engmeenng services as identffied in Attachment A The total cost for the eqmpment ~s Fifteen Thousand Nine Hundred Four dollars ($15,904 00) The Total Englneenng Fee shall be the sum of the Basic Englneenng Services Fee, Equipment and Reports for both phases The Total Englneenng Fee for this Contract shall not exceed Four Hundred Forty-two Thousand Forty-six dollars ($442,046 00) unless agreed to by both parties for additional englneenng servmes or eqmpment to be prowded Fee Table Basic Eng~neenng Services Lump Sum 1 $426, I42 Mmntenance and Warranty Servmes Lump Sum t $ 15,904 Project Total $442,046 S \Our Documents\Con~racts\01~Vlontgomory Watson Scope Lake Ray Roberts doe 26 OPINION OF PROBABLE CONSTRUCTION COST SUMMARY OF COST - 20 MGD OZONE PLANT AND 60 MGD PUMP STATION FREESE o NICH{ JSV/GGS JMN/RRL December 14, 2000 RAW WATER PUMP STATINON AND PIPELINE -2001 ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL RAW WATER 1SUMP STATION/PIPELINE/ELECTRICAL ILS $1,044 600 $1 044,600 RAW WATER ELECTRICAL BUILDING(A) 1LS $56,300 $56,300 RAW WATER PIPELINE 1LS $1,347,900 $1,347,900 ELECTRICAL/INSTRUMENTATION 1LS $187 153 $187,153 LCOST-2001 ~ ,~,. ~" , 20 MGD OZONE PLANT -2001 ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL RAW WATER ~-~ ~-h~ VAULT PUMPED DIFFUSION VAULT (c) 1LS $114,100 $114,100 SPL~ I =~ BOX (c) 1LS $209 254 $209,254 FLOCCULATION AND SEDIMENTATION BASIN 1LS $2 549,600 $2,549 600 OZONE FACILITY 1LS $4 700,000 $4,700 000 FILTERS 1LS $3,685,400 $3,685,400 AiR SCOUR SYSTEM 1LS $477,289 $477,289 TRANSFER pU~,lp STATION (~) 1LS $808 000 $808,000 CHEMICAL ST(~RAGE TANK AREA 1LS $578 660 $578,600 CHEMICAL ~'~-E[~ FACILITIES 1LS $1,363 100 ~ $1 363,100 CHEMICAL PIPE CHASE 1LS $500,200 $500,200 LINED CHEMIC~,L DRAIN PiT 1LS $28 500 $28,500 CHLORINE AND AMMONIA STORAGE BUILDING ILS $1,200,500 $1 200,500 SLUDGE DEWATERING SYSTEM (F) 1LS $480,900 $480,900 WASHWATER RECLAMATION BASIN 1LS $333,100 $333,100 WASHWATEREECYCLE M,- ~ ,-~ VAULT 1LS $40,700 $40 700 MAIN DRAIN SUMP 1LS $143,600 $143,600 OPERATIONS BUILDING~ (G) 1LS $1,766,600 $1,766,600 SLURRY TRENCH (~) 1LS $338,000 $338 000 YARD PiPiNG 1LS $1 307 000 $1 307,000 SITEWORK/PAVING 1LS $917,100 $917 100 LANDSCAPING,AND IRRIGATION 1LS $65 000 $65 000 ADDITIONAL LANDSCAPING ALLOWANCE 1LS $200,000 $200,000 BACKUP POWI~R {H) 1LS $890,000 $890 000 ELECTRICAL/iNSTRUMENTATION 1LS $3 726,254 $3 726,254 [DTNgg479}t 1\3 2 9 OPINION OF PROBABLE CONSTRUCTION COST SUMMARY OF COST . 20 MGD OZONE PLANT AND 60 MGD PUMP STATION I=R~E ESE ° NICHOLS JMN/RRL December 14, 2000 TOTAL COST 0'~ [DTN99479}t 2\3 3 0 OPINION OF PROBABLE CONSTRUCTION COST SUMMARY OF COST 20 MGD OZONE PLANT AND 60 MGD PUMP STATION FREESE o NICHOLS HIGH SERVICE PUMP STATION -2001 ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 60 MGD PUM? STATION 1 LS $3,505 600 $3,505,600 6 MG STORAGE 1ILS I $1,855,600 $1,855,600 PLANT EFFLUENT METER VAULT 1 LS I $113,700 $113,700 ELECTRICAL/INSTRUMENTATION (B) 1 LS $930,733 $930,733 ~T,,QTAL COST. 2001 ,-~' ,b ~ ' ~, ~ ~' ,', ,,~,~ $6,40~i,633 Unless Ind~cated otherwise unit pnces are taken from the initial cost estimate multiplied by the ENR index factor of I 303 to change costs to 2001 dollars A) Unit pncs ~s reduced s~nco potassium permanganate feeding facility Is taken out from m~tlal design B) E/l&C ~s based on18% of plant costs Increasedtoaccountfornewequlpment Includes RWPS but not pipellne Does nct mciude extra for 0ackup Power C) Unit Pnce from TM 3 Alternative B Pumped diffuss~on mixing with spl[ffer box 23 Nov-gg D) Unit Pnce from TM 2 Table E4 23-Nov-g9 E) Unit Pdce from Memorandum "Cost Comparison of HFR vs LRR 8 Jan-00 F) Unit pncs for Lagoon Facility from TM 5, 10-Dsc gg G) Unit Pdcs Is increased by comments in revised TM 6 and contingencies am Increased from 10% to 15% H) Umt Pnce from TM 7 19-Jan-O0 [DTNgg47g}t 3\3 3 1