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Home My WebLink AboutSeptember 17, 2002 AgendaAgenda 02-031 09/17/02 AGENDA CITY OF DENTON CITY COUNCIL September 17, 2002 After determining that a quorum is present, the City Council will convene in a Work Session on Tuesday, September 17, 2002 at 4:30 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: Receive a report, hold a discussion, and give staff direction regarding the history of the Fry Street Fair, related public safety issues, and staff recommendation to relocate the event. Requests for clarification of consem agenda items listed on the consent agenda for today's City Council regular meeting of September 17, 2002. Following the completion of the Work Session, the Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. When items for consideration are not listed under the Closed Meeting section of the agenda, the City Council will not conduct a Closed Meeting and will convene at he time listed below for its regular or special called meeting. The City Council reserves the fight to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistem with Chapter 551 of the Texas Governmem Code, as amended, as set forth below. 1. Closed Meeting: Consultation with Attorney -- Under TEXAS GOVERNMENT CODE Section 551.071. Consider and discuss status of litigation styled Impact Outdoor Advertising, et al. v. City of Denton, Cause No. TI-2000-01224, curremly pending in the Probate Court of DeNon County, Texas Regular Meeting of the City of Denton City Council on Tuesday, September 17, 2002 at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, DeNon, Texas at which the following items will be considered: Pledge of Allegiance A. U.S. Flag B. Texas Flag "Honor the Texas Flag -- I pledge allegiance to thee, Texas, one and indivisible." PROCLAMATIONS/PRESENTATIONS 2. Proclamations 3. September Yard-of-the-Month Awards 4. Recognition of staff accomplishment s. City of Denton City Council Agenda September 17, 2002 Page 2 CITIZEN REPORTS 5. The following individuals will present citizen reports: A. Joe ialenti regarding the Council decision-making process. B. Robert Kam regarding KDTN - Channel 2. C. Nell Yeldell regarding concrete waste and Customer Service. Dessie Goodson regarding Denton Housing Authority appointees and the City of Denton public transportation. Ross Melton, Jr. regarding the budget, Melton lawsuits, Code Enforcement, the lawyers, and witness subpoenas. F. Paul Mcenany regarding the Fry Street Fair. G. Robert Slusarski regarding the Fry Street Fair. H. Kavita Vadgama regarding the Fry Street Fair. i. B.J. Chiszar regarding the Fry Street Fair. CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda items 6-50). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. if no items are pulled, Consent Agenda items 6.50 below will be approved with one motion, if items are pulled for separate discussion, they will be considered as the fa'st items following approval of the Consent Agenda. Consider approval of the minutes of August 1, 2002, August 13, 2002, August 20, 2002, and August 21, 2002. Consider adoption of an ordinance authorizing the City Manager to execute a personal services agreement with Barbara T. McCall Associates, Inc. to provide certain information and services with regard to legislation of interest to the city. Consider approval of a resolution of the City of Denton, Texas approving the appointment of the Reserve Police Officers listed in the resolution. City of Denton City Council Agenda September 17, 2002 Page 3 Consider approval of a resolution of the City of Denton, Texas, authorizing the City Manager, as Denton's authorized representative, to file a project application with the North Central Texas Council of Governments (NCTCOG) for a regional solid waste program local project to facilitate public awareness and education opportunities to reduce littering and illegal dumping; authorizing the City Manager, or his designee, to act on behalf of the City of Demon in all matters related to the application; and pledging that if a project is received, the City of Denton will comply with the project requirements of the NCTCOG, the Texas Commission on Environmental Quality and the State of Texas; and providing an effective date. 10. Consider approval of a resolution of the City of Denton, Texas, authorizing the City Manager, as Denton's authorized representative, to file a project application with the North Central Texas Council of Governments (NCTCOG) for a regional solid waste program local project to reduce the number of illegal dump sites and expand clean-up events through public and private parmerships; authorizing the City Manager, or his designee, to act on behalf of the City of Denton in all matters related to he application; and pledging that if a project is received, the City of Denton will comply with the project requirements of the NCTCOG, the Texas Commission on Environmental Quality and the State of Texas; and providing an effective date. 11. Consider adoption of an ordinance authorizing the Mayor to execute a Mutual Aid Law Enforcement Agreement between the City of Denton Police Department and the University of North Texas Police Department to allow cooperation in the investigation of criminal activity and to protect health, life, and property against such things as riot and natural disaster or man-made calamity; and providing for an effective date. 12. Consider approval of a resolution of the City of Denton to form a Regional Law Enforcement Mutual Aid Task Force Agreement with other area law enforcement agencies for the purpose of providing and receiving law enforcement assistance; and providing for an effective date. 13. Consider approval of a resolution of the City of Denton authorizing the Denton Police Department's participation in an Inter-jurisdictional Pursuit Policy Agreement with local law enforcement agencies in the greater Dallas-Ft. Worth North Texas area for the purpose of coordinating a law enforcement response to the emergency conditions caused by vehicular pursuits; and providing for an effective date. 14. Consider approval of a resolution appointing members to the Board of Directors of the North Texas Higher Education Authority; and declaring an effective date. 15. Consider adoption of an ordinance accepting competitive bids and awarding a contract for Daycare Program for Low-Income Families; providing for the expenditure of funds therefore; and providing for an effective date (Bid 2878 - Daycare Program for Low- Income Families awarded to Denton City County Day School in the amount of $35,000). 16. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the Congregate and Home Delivered Meals Program for Senior Citizens, providing for the expenditure of funds therefore; and providing for an effective date (Bid 2880 - Congregate and Home Delivered Meals Program for Senior Citizens awarded to SPAN in the amount of $29,000). City of Denton City Council Agenda September 17, 2002 Page 4 17. Consider adoption of an ordinance accepting competitive bids and awarding a contract for Prenatal Program for Low-income Families; providing for the expenditure of funds therefore; and providing for an effective date (Bid 2881 - Prenatal Program for Low- income Families awarded to Family Health Care, inc. for $30,000). 18. Consider adoption of an ordinance accepting competitive bids and awarding a contract for Self-Sufficiency Program for Low income and Homeless Households, providing for the expenditure of funds therefore; and providing for an effective date (Bid 2882 - Self- Sufficiency Program for Low income and Homeless Households awarded to HOPE, inc. in the amount of $30,000). 19. Consider adoption of an ordinance accepting competitive bids and awarding a contract for Domestic Violence, Sexual Assault, Crisis intervention and Prevention Program, providing for the expenditure of funds therefore; and providing for an effective date (Bid 2883 - Relationship Violence and Sexual Assault Program awarded to Denton County Friends of the Family, inc. in the amount of $36,000). 20. Consider adoption of an ordinance accepting competitive bids and awarding a contract for Childcare Expansion Program for Low income Children, providing for the expenditure of funds therefore; and providing for an effective date (Bid 2892 - Childcare Expansion Program for Low-income Children awarded to Demon Christian Preschool in the amount of $30,000). 21. Consider adoption of an ordinance accepting competitive bids and awarding a contract for infant and Child Care Programs for Low-income Families, providing for the expenditure of funds therefore; and providing for an effective date (Bid 2893 - infant and Child Program for Low-income Families awarded to Fred Moore Day Nursery School in the amount of $39,000). 22. Consider adoption of an ordinance of the City of Denton authorizing a 2002-2003 Service Agreement between the City of Denton, Texas and REACH, inc. for provision of group counseling sessions for Denton residents with disabilities; providing for the expenditure of funds; and providing for an effective date. 23. Consider adoption of an ordinance of the City of Denton authorizing a 2002-2003 Service Agreement between the City of Denton, Texas and Cumberland Presbyterian Children's Home for provision of various counseling and other family services; providing for the expenditure of funds; and providing for an effective date. 24. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving guidelines for operation of the City of Denton Home Improvement and Optional Reconstruction Program and eligibility criteria; authorizing expenditures in excess of $25,000 for projects meeting program guidelines and criteria; and providing for an effective date. 25. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving the guidelines for the Rental Rehabilitation Program and eligibility criteria; authorizing expenditures in excess of $25,000 for projects meeting the program guidelines and criteria; and providing for an effective date. City of Denton City Council Agenda September 17, 2002 Page 5 26. Consider adoption of an ordinance of the City of Denton, Texas authorizing a personal and professional services agreement between the City of Denton and Lylm Cardona for consulting services and system assistance in the financial/human resource software known as JD Edwards; and providing an effective date (Personal and Professional Services Agreement with Lynn Cardona in the amount not to exceed $22,000). 27. Consider approval of an ordinance accepting competitive bids and awarding a contract for drug testing and physicals; providing for the expenditure of funds therefore; and providing for an effective date (RFSP 2873 - Occupational Health Services, Contract Nurse, Drug Testing, and Physicals awarded to Pinnacle Diagnostics according to the fee schedule). 28. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of a 32 ft. quarter frame end dump trailer; providing for the expenditure of funds; and providing an effective date (Bid 2888 - 32 Ft. Quarter Frame End Dump Trailer awarded to Clement Trailers Dallas, Inc. in the amount of $28,250). 29. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of a motor grader and rubber tire loader; providing for the expenditure of funds therefore; and providing an effective date (Bid 2889 - Motor Grader, Rubber Ttre Loader awarded to Holt CAT in the amount of $336,706). 30. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of an aerial device (bucket track) 82' and brush chipper; providing for the expenditure of funds; and providing an effective date (Bid 2890 - Aerial Device (Bucket Truck) 82' and Brush Chipper awarded as listed in the total amount of $175,844). 31. Consider adoption of an ordinance providing for the purchase of a post-warranty support contract for the Supervisory Control and Data Acquisition (SCADA) System 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 (File 2896 - Post-Warranty Support Contract awarded to Advanced Control Systems in the amount of $29,484). 32. Consider adoption of an ordinance of the City of Denton, Texas, amending Chapter 28 "Building and Building Regulations" by amending Section 28-11 l(a), License Required; providing for the repeal of all ordinances that conflict herewith; providing a severability clause; providing a savings clause; providing a penalty; providing for publication; and providing for an effective date. 33. Consider adoption of an ordinance of the City of Denton approving a License Agreement between the Texas Municipal Power Agency ("TMPA'), and the City of Denton relating to the encroachment of a City water pipeline across an existing TMPA Easement as part of the City of Denton Loop 288 42-Inch and 36-Inch Water Transmission Pipeline project, located within a tract of land situated in the T. Toby Survey Abstract Number 1288, City of Denton, Denton County, Texas and being a part of the 110.257 acres described in the deed from Teri Taylor Companies, Inc. to Vandalar Partners recorded under Clerk's File City of Denton City Council Agenda September 17, 2002 Page 6 Number 93-R0094497 of the Real Property Records of DeNon County, Texas; authorizing the expenditure of funds therefore; and providing an effective date. 34. Consider adoption of an ordinance of the City of DeNon, Texas approving a real estate contract between the City of DeNon and The Evangelical Lutheran Good Samaritan Society, relating to the purchase of an approximate sixty-nine acre tract or parcel of land being a part of Lot 1, Block A of the lmke Forest Good Samaritan Village, an addition to the City of Denton, DeNon County, Texas, according to the plat thereof recorded in Cabinet F, Page 36, Plat Records, DeNon County, Texas, for use as a community park; authorizing the expenditure of funds therefore; and providing an effective date. 35. Consider approval of an exaction variance of Section 35.20.2(B.) of the Code of Ordinances concerning sidewalk for the San Jacimo Plaza Addition, being a 2.602 acre commercial parcel located in a Regional Center Commercial Downtown (RCC-D)zoning district and on the northeasterly comer of IH35E northbound frontage road and San Jacinto Blvd. The Planning and Zoning Commission recommends approval of a full variance (5-0). (F02-0014) 36. Consider approval of an exaction variance of Section 35.20.3(B.) of the Code of Ordinances concerning sidewalk for the San Jacimo Plaza Addition, being a 3.569 acre commercial parcel located in a Regional Cemer Commercial Downtown (RCC-D)zoning district and on the IH35E northbound frontage road approximately 700 feet north of San Jacinto Blvd. The Planning and Zoning Commission recommends approval of a full variance (5-0). (F02-0015) 37. Consider approval of an exaction variance of Section 35.20.2(H.1.) of the Code of Ordinances concerning easements and fight of ways for the San Jacinto Plaza Addition, being a 2.602 acre commercial parcel located in a Regional Cemer Commercial Downtown (RCC-D) zoning district and on the northeasterly comer of IH35E northbound fromage road and San Jacinto Blvd. The Planning and Zoning Commission recommends approval ora full variance (5-0). (F02-0016) 38. Consider adoption of an ordinance superceding and repealing Ordinance No. 2002-002 (School Zones) revising the p.m. hour of operation for Strickland, Calhoun and McMath middle schools, from the existing "3:30 p.m. until 4:30 p.m. on school days" to "3:00 p.m. until 4:00 p.m. on school days". The Traffic Safety Commission recommends approval. (Unanimous) 39. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to enter into a professional services agreement with TIP Strategies, Inc. to provide consulting services for a Denton Economic Development Strategic Action Plan; and providing an effective date. 40. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to pay the City's annual dues to the Texas Public Power Association; authorizing the expenditure of funds therefor; providing an effective date. City of Denton City Council Agenda September 17, 2002 Page 7 41. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute an agreement for professional legal services with Lloyd, Gosselink, Blevins, Rochelle, Baldwin & Townsend, P.C., for legal services pertaining to representation of the City before the Public Utility Commission of Texas, in the areas of public utility regulatory law and administrative law, respecting the protection of the City's interests in its application to change Denton Municipal Electric's rates for wholesale transmission service; authorizing the expenditure of funds therefor; providing for retroactive effect of the agreement; and providing an effective date. 42. Consider adoption of an ordinance of the City of Denton, Texas amending the provisions of Chapter 26 relating to the furnishing of utilities by amending Sections 26-3(b)(2), 26- 4(a)(2) and (3), 26-4(c), 26-5(b), 26-6(a) through (1), 26-8(a), (c) and (d), 26-9(a), (c), (d), (f), (g), (i), and (k), and 26-10(5); further providing for amendments to Sections 26-6 to provide for an installation charge; to provide for an unauthorized usage penalty; to provide for a meter reading charge; to provide for a meter testing charge; to provide for a meter tampering and/or damage charge; to provide for a meter inaccessibility charge; to provide for a returned payment charge; to provide for a late payment charge due on delinquent balances; to provide for an interest charge on past due account balances prior month past due balance; to provide for a credit report charge; to enact and provide for Section 26-126.2 of the City of Denton Code of Ordinances regarding tampering with or damaging electric or water or wastewater system; illegal connection to electric or, water or, wastewater system; unlawful use of electric or, water or, wastewater system; establishing various penalties for a violation of section 26-126.2 such as punishment as provided in Section 1-12(a)(1) of the Code of Ordinances, and/or the City Attorney authorized to commence an action in a court of competent jurisdiction for an injunction to prevent a violation of this section; and/or recovery for damages to the water, wastewater, or electric systems resulting from a violation of this section; and/or recovery for expenses incurred by the City in responding to a violation of this section; and/or a civil fine of up to one thousand dollars ($1,000) per day for a violation of this section; and/or all other damages, costs, and remedies to which the city may be entitled; providing for publication of the caption of this ordinance; providing for an effective date for section 26-126.2; providing for a severability clause; providing for a repealer clause; providing for a savings clause; providing for an effective date and providing for an effective date as to the remaining provisions of this ordinance. 43. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a professional services agreement in the form of First Amended Task Order No. 02-B with R. J. Covington Consulting, LLC, for transmission cost of service and earnings report filings with the Public Utility Commission of Texas relating to Denton Municipal Electric; authorizing the expenditure of funds therefor; and providing an effective date. 44. Consider adoption of an ordinance of the City of Denton, Texas authorizing the designation of Rate Stabilization Funds to meet rate covenant coverage requirements required by bond rating agencies. 45. Consider the re-appointment of Mayor Pro Tem Mark Burroughs to the North Central Texas Council of Governments Regional Transportation Council. City of Denton City Council Agenda September 17, 2002 Page 8 46. Consider adoption of an ordinance authorizing the City Manager to enter into a lease agreement between the City of Denton, Texas, and Wells Fargo Bank, National Association for lease of space for the Economic Development Department and Public Transportation Office; authorizing the expenditure of funds; and providing for an effective date. 47. Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and the Denton Festival Foundation amending that certain agreement dated July 23, 2002 for supplemental funding for the 2003 Denton Arts and Jazz Festival; providing for the expenditure of funds therefore; and providing for an effective date. 48. Consider adoption of an ordinance of the City of Denton authorizing a service agreement in the amount of $3,000 between the City of Denton, Texas and Denton County Historical Museum, Inc.; providing for the expenditures of funds therefore; and providing for an effective date. 49. Consider approval of a resolution of the City Council of the City of Denton, Texas, authorizing the City Manager, as Denton's authorized representative, to file a project application with the North Central Texas Council of Governments ("NCTCOG") for a funding objective encompassing the following: "create and expand multi-family housing recycling programs throughout the region"; authorizing the City Manager, or his designee, to act on behalf of the City of Denton, Texas in all matters related to the application; and pledging that if a project is received the City of Denton, Texas will comply with the project requirements of the NCTCOG, the Texas Commission on Environmental Quality and the State of Texas; and providing an effective date. 50. Consider approval of a resolution of the City Council of the City of Denton, Texas, authorizing the City Manager, as Denton's authorized representative, to file a project application with the North Central Texas Council of Governments ("NCTCOG") for a funding objective encompassing the following: "expand commercial recycling efforts in business and governments across the region"; authorizing the City Manager, or his designee, to act on behalf of the City of Denton, Texas in all matters related to the application; and pledging that if a project is received the City of Denton, Texas will comply with the project requirements of the NCTCOG, the Texas Commission on Environmental Quality and the State of Texas; and providing an effective date. PUBLIC HEARINGS 51. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas amending Chapter 35, Subchapter 7 of the City of Denton Code of Ordinances, "Denton Development Code," "Special Purpose and Overlay Districts" to add Section 35.7.6 "Historic Conservation Districts" providing for the creation of historic conservation overlay districts; providing for a penalty in the maximum amount of $2000.00 for each and every violation thereof; providing a severability clause; and providing for an effective date. City of Denton City Council Agenda September 17, 2002 Page 9 ITEMS FOR INDIVIDUAL CONSIDERATION 52. Consider appointing a voting delegate and alternate voting delegate to the National League of Cities Annual Congress of Cities. 53. New Business This item provides a section for Council Members to suggest items for future agendas or to request information from the City Manager. 54. Items from the City Manager A. Notification of upcoming meetings and/or conferences B. Clarification of items on the agenda 55. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. 56. Official 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 City Hall of the City of Denton, Texas, on the day of ., 2002 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. This page left blank intemionally. Agenda 02-031 09/17/02 WS#1 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: September 17, 2002 Police and Fire Jon Fortune, Public Safety and Transportation Operations SUBJECT Receive a report, hold a discussion, and give staff direction regarding the history of the Fry Street Fair, related public safety issues, and staff recommendation to relocate the event. BACKGROUND The Fry Street Fair began in 1980 in the back yard of what was then the Sigma Alpha Mu fraternity (Delta Lodge) house. The Fair features booths with food and crafts and as many as 26 bands play during the event. The Brotherhood of Delta Lodge uses the event as a fundraiser for their Organization, and donates some of the proceeds to local charities. The event requires the closure of several city streets and the Lodge works with the Fry Street and area merchants to obtain their signatures for the street closure permits. They coordinate the event with Denton Police and Fire Departments, and pay for much of the police security at the event (See Figure 1). The Lodge pays for trash and debris cleanup, and provides some portable bathroom facilities inside the parameter of their fence. Figure 1 2002 Total Police Hours 527 Man Hours Man Hours Paid by Paid by City Organizer (Approx) (Approx) 49 on-duty 54 on Grant 328 8 dispatcher 16 jailer 8 Judge (64 Reserves) COST COST $9790 $5400 The event began in the Delta Lodge yard with one band playing and has grown to three stages with as many as 26 bands and a crowd of thousands that cover a three-block area adjacent to the University of North Texas (UNT). In 1998, due to the large number of people that attended the event, the Police Department requested that the Fair close at 9 p.m. rather than 10 p.m. to help disperse the large concentration of people in the Fry Street, Hickory Street, and Avenue A area. In 1999, the Police Department requested that the Fair close at 8 p.m. The earlier closing prompts many of the Fair attendees to leave the area rather than loiter for hours. At 8 p.m. there remains at least thirty minutes of daylight to make the exit much safer for pedestrians to return to their vehicles. Though the earlier closing has made the Fair safer, attendance has grown to approximately 10,000 paying customers and another 10,000 who crowd the area for festivities immediately adjacent to the Fair. It is the consensus of Police and Fire administration that the Fair should be moved from the current location to an area that is more conducive to such a large crowd. The primary concern of the Police and Fire Departments is the critical crowd density that increases the probability that a disastrous occurrence may exceed the capabilities of the Police and/or the Fire Departments. Attachment "A" illustrates such occurrences in other cities. The following is a summary of the major concerns: The Fair requires a substantial amount of resources to handle the wide range of illegal and criminal activity that occurs during the event. Figure 2 below provides a summary of the arrest and citation activity for the last five years, and Figure 3 provides a detailed description of the arrest and citation activity for the past two years. To handle a crowd of approximately 20,000, only 75 officers from the Denton Police Department, Denton Fire Marshalls, UNT, Texas Alcoholic Beverage Commission, and the Denton County Sheriffs office work the event. This level of staffing is, in the opinion of Police and Fire Department staff, severely inadequate. While the Delta Lodge pays the cost of security for the Fair area proper, the Police Department is also required to staff additional personnel (jailers, communications operators, and reserves) for which the Delta Lodge does not pay. Additionally, on duty police and fire personnel are required to respond to calls for service created by the Fair in the surrounding neighborhoods. Figure 2 1998 1999 2000 2001 2002 ARRESTS 49 52 39 64 50 CITATIONS 143 210 166 158 149 Note: City of Denton jail has 19 beds and two drunk tanks Figure 3 Arrests Public Intoxication Possession of Marihuana under 2 oz Possession of Controlled Substance class 3 Possession of Drag Paraphernalia Minor in Possession/Alcohol Assault Total DPD Arrests UNT Denton County TABC Calls For Service Disturbance/Other Disturbance/Music Suspicious Person Injured Person Total 2001 23 12 1 3 6 1 46 6 10 2 4 3 1 1 9 Activity Citations Possession of Drag Paraphernalia Disorderly Conduct/Urinating Minor in Possession/Alcohol Total DPD Citations LINT Denton County TABC 3 25 61 89 18 23 28 Arrests Public Intoxication Possession of Marihuana under 2 oz Possession of Controlled Substance class 3 Evading Detention Outstanding Warrant Fail to ID Possession of Drag Paraphernalia Minor in Possession/Alcohol Total DPD Arrests UNT Denton County TABC DPD Calls For Service Disturbance/Other Disturbance/Music Speak with Officer ref: car towed Parking Violations Suspicious Person 2002 11 11 1 Activity 1 2 1 1 1 29 6 10 5 Citations Misc. Hazardous Violation Possession of Glass Container Possession of Drag Paraphernalia Disorderly Conduct/Fighting Disorderly Conduct/Urinating Noise Ordinance Consume alcohol after hours Fireworks Minor in Possession/Alcohol Littering Open Container/Alcohol Total DPD Citations UNT Denton County TABC Note: attendance/activity down from previous year due to threatening weather 4 3 2 2 6 1 1 1 16 1 27 64 16 58 11 Currently, the Fair is held behind the businesses located along West Oak, Fry, and West Hickory Streets. The area is fenced and ingress/egress is limited to those purchasing a ticket. Fry Street and West Hickory are closed to through traffic during the event. As previously stated, the area around the fenced compound attracts several thousand onlookers. The fenced compound and onlookers create a diminished access to buildings, structures and fire hydrants in the area and a reduced response time by police officers. There is inadequate parking for the event. Attendees come from all over the North Texas area and from out of State, and are left to find parking along city streets or in area business/campus parking lots. Fairgoers park North to Denton High School, South to Eagle Drive, East to Carroll Boulevard, and West to Avenue E. Area residents and business owners complain of attendees walking in their yards, littering and parking in their lots. No consideration is given for handicap parking. While planning to provide service to a special event such as the Fair, the Police and Fire Departments must not only consider the large number of people attending, but their ability to respond to a large-scale emergency or disaster and the exceptional demands that the activity places on response services. The Fry Street area is not protected adequately from fire as none of the structures or businesses in the area, other than UNT buildings, have a fire suppression system. The structures along Fry Street, Ave A and West Hickory are older and primarily constructed of wood flaming with brick veneer siding. Should a fire occur in this area while the streets are closed and full of participants, it would cause significant delays in gaining access for fire suppression activity. EMS access is also critical. As the Fair has grown over the past few years gaining access for EMS equipment has proven more difficult. Finally, there are inadequate restroom facilities. While portable restrooms are provided for the attendees inside the fenced compound, no restrooms are provided for the thousands outside the compound. It is common to witness attendees urinating in public resulting in odor and health concerns. Previously, the Lodge has been asked to find an alternate site to help address the above concerns. From 1989 to 1992, the Fair was held at the North Texas Fairgrounds and at Carriage Square on Avenue C. In 1993 the Fair returned to the current location. In an effort to be proactive in addressing these and other issues, Chief Wiley along with several other staff members requested a meeting in June 2002 to discuss the Fair and our concerns with Delta Lodge representatives. The discussion at the meeting centered on problems with the location of the Fair. The potential for riot, injury to participants, emergency response delays, and property damage were all emphasized as risks outweighing the tradition of the Fair being held on Fry Street. The necessity for locating an alternate site was stressed by Chief Wiley, and the reason for the June meeting was to provide sufficient time to plan for next year's event. It was staff's intention to help the Lodge find a site in Denton that is more conducive for their event and one that would provide them more opportunities to expand and be even more successful. At the conclusion of the meeting it was agreed that the Lodge would consider alternate locations and then meet again to discuss the options. In August 2002, staff met again with the Lodge. Chief Wiley reemphasized the need and reasons to find an alternate site. The Lodge reported that Texas Woman's University, UNT, and North Texas Fairgrounds have all denied them opportunity to locate the event on their property. The Lodge advised the City that they want the location of the Fair to be Fry Street, or they will look to other cities. This was not the goal of the Police or Fire Departments. Rather, as previously stated, staff sought to help the Lodge find a site in Denton that is more conducive for their event and one that would provide them more opportunities to expand and be even more successful. However, the Lodge is unwavering in their choice of locations, and it appears at this point, a mutual agreement on the relocation of the Fair cannot be reached. OPTIONS Option 1 - Advise the Police and Fire Departments to grant permits to locate the Fair in the Fry Street area as in the past. Option 2 - In the interest of public safety, advise the Police and Fire Departments to deny permits to locate the Fair in the Fry Street area, and encourage the Lodge to locate the event at a more conducive site. Option 3 - Advise staff to negotiate enhanced standards that provide for an increase in manpower, supplies, materials, and equipment that adequately address public safety concerns at the cost of the Lodge. RECOMMENDATION Staff recommends Option 2. FISCAL IMPACT While the Delta Lodge pays the cost of security for the Fair area proper, the Police Department also is required to staff additional personnel (jailers, communications operators, and reserves), which the Delta Lodge does not pay for. Additionally, on duty Police and Fire personnel are required to respond to calls for service created by the Fair in the surrounding neighborhoods. EXHIBITS Attachment A Respectfully submitted, Charles Wiley Police Chief Ross Chadwick Chief of Fire Prepared by: Lt. Loyd Burns, Denton Police Special Operations Rick Jones, Denton Fire Marshall Attachment "A " Saturday, 'july 1, 20130/' 'Eight dead, three injured· at rock festiv.al.'. By Jan M. Olsen. · Associated. Press Writer · CopentLagen, Denmark · -- Fans rushed the stage, during a Pearl Jam concert at ~ne of Er. rope's .largest'rock festivals Friday, crushing to death at.least .eight people' and injuring three other~, poi. lice said. Details were Sketc. hy, but the ii/juries occurred while the popular. ' rock band was playing. ~t the festival's re'sin Orange Stage,' "Several piople were crushed· or trampled to .death," police said in a .stateL ment: 'The i, ush occurred at 11:40 p;m,, police said, add-' ing that the i~entities of the victims were not immediately available. Members of Pearl "J. ~m ira-' · plored-the crowd to move back because people'were, he- '. lng pressed up against the stage, and: the message was_ -Mem. ber. s of PearI jam implored the c~oWd to move back because people were being. ~' pi'eased up agair~t the. stage, and the me§so, ge was. repeated'over the loudspeakers,..Danish radio said.. repeated over ~he Ioudspeak- · ers, Danish radio said. Ten ambulances rU. shed to the scene, according· to radio ~eports. The A~. erican band'inter- rupted its performance and the following conbert on the 'Orange-Stage by .The Cure · was canceled, but concerts on the fesiival's s/x~other stages continued, ,festival.· spokes- man Leif Skor; said. The annual festival~ which last year was attended by some 1,00,000 people,·began Thursday and is scheduled to end Sunday. The Roskilde festival~ first hel*d.in 1971, was inspired by the 1969 Wo~dsto~k. Festiv/~l' in the United states. It is held annually on a'.farm.in Roskilde, 25 miles· West of the" capital, Copenhagen. In 1979~ 11 people were trampled to death in Cincin- nati, Ohio, as+they rushed for ~'choice seats before the start of a concert by the British rock band The Who.. Last year, 52 .people were killed and 150' injured in Minsk, Be~a~us, in a .sram- pede which began when a hailstorm hit and hundreds Of fans ran from the concert to a subway station.." Cincinnati YOuths create havoc while leaving festival Groups of youths f'ou~t'and overturned t~bles while les~g the do~to~ Bl~k Fs~ly ~on f~vfl. Eight people were ~ted, but ~e ~-. · b~ ~d not for~ ~e ~nce~a-' fion of ~y do~g even~ S~day at ~e ~ee~day f~. Some 2,000 to 4,000 ~u~ yelled obscenities ~d ~ew ~ d~ng a. Sa~&y ~t ~p-hop ~n~'at a five~om pg~ ponce' Capt. Greg S~der s~d S~y. ' Fi~g ~.~ s~er ~oups ~ up · e do~ Fo~ ~ut.'a lO-m~nu~ w~ d~p- ~ ~h ~ ~d fipp~g new- ,per ~x~, ~ s~ P~ple ~ld ~ ~ey he~d ~ho~ ~d ~t you~ ~o~g obje~ at ~, ~d one ~oup a~ a b~ ~er, who w~ slightly injured, but ~e a~s fl~ ~ore ~ ~fld ~ ~em S~der s~& ~out i0 ~ople were ~d for ~or ~e you~ ~ w~t some may c~l ~ng; mo~ng ~ou~ ~ a l~ge' fl~d crowd~ ponce Lt ~ Agenda 02-031 09/17/02 #6 CITY OF DENTON CITY COUNCIL MINUTES August 1, 2002 After determining that a quorum was present, the City Council convened in an annual planning session at 8:00 a.m. in the Board Room of the Wild Home Golf Club at Robson Ranch, 9501 Robson Blvd., Denton, Texas. PRESENT: Mayor Brock; Mayor Pro Tem Burroughs; Council Members Fulton, McNeill, Montgomery, and Phillips. ABSENT: Council Member Redmon 1. Council held a discussion regarding Myers-Briggs type indicators. Linda Dawson and Randy Quinn, Planning Session Moderators, discussed the different types of indicators and how each indicator worked best with other indicators. The discussion focused on how to listen, to approach, and to understand other indicator types. 2. Council participated in a team building exercise and outlined the retreat objectives. Linda Dawson and Randy Quinn facilitated the exercise and outlined the retreat objectives. Council reaffirmed last year's annual retreat outcomes and the Vision Statement as indicated in Attachment A. 3. Council held a discussion regarding future funding of community needs. Linda Dawson and Randy Quinn facilitated the discussion. Council reached consensus as indicated in Attachment A. 4. Council held a discussion regarding economic development. Linda Dawson and Randy Quinn facilitated the discussion with Council reaching consensus as indicated in Attachment A. 5. Council held a discussion regarding city boards and commissions. Linda Dawson and Randy Quinn facilitated the discussion. Council reached consensus as indicated in Attachment A. With no further business, the meeting was adjourned at 5:00 p.m. EULINE BROCK MAYOR CITY OF DENTON, TEXAS On a NASA~ Co'Id Y~: :~;ive a c~ ~he MOON?. Retreat · Teambuilding - know and a · Reaffirm processes -to stay focused on work and build consensus to lead conununily · Address Future Funding of CommuniO~ Needs & Economic Development - identify factors deserving consideration, determine goals, establish timefi'ame and process to address · Determine resolutions - Council and member If you can't see. it, Seeing won't be enough· If you lack the courage to try, The options you may be able to achieve don't matter! community feels pride Everyone belongs. Respectful · "The Place to Be" of differences. · Economically viable, - Majorityoflocalsfeelgov~ resources Io suppor~ the works for them, not isolated dream · Retain distinctiveness · lmprovequalityoflifeas · Bearegionnlplayer, we grow nationally renowned, cutting · Relain small town values edge while cutting edge growth · Outstanding infrastructure, and viability schools A Vision for Denton: The 21st~Century ~ living, working, learning, and playing. Excellence for living .. To develop Denton as a safe, attractive community with strong neighborhoods, a unique identity, and a sense of historical pride. Excelle~~:? entrepreneurial city that attracts high- tech, high-skill, high paying jobs. Excellence for learn' To develop Denton as a community that promotes excellence in lifelong learning by providing education and training opportunities for all citizens. diverse and accessible historical, cultural, and recreational opportunities. Barriers to Achiest~ · Public Schools · Economi~ · Transportation - Revenue deficiency - Commuter rail - Restricted revenue - Hwy dept restrictions sources - Air Quality · Infi'astructure Needs - Public tolerance Public Schools: Strategies to Overcome Barriers t~_i~ physical structures environmeri~culture adjacent to schools - Involve schools in · Build better P&Z, o~her areas of partnerships mutual concern · Coordinate legislative · Help publicize strategies successes · Help address · Host joint retreat of infrastructure needs council and board Economic Concerns: Strategies to Overcome Barrier~~ · Create alliance with ~ schools for overall economic development · Coordinate legislative strategies with C of C · Initiate legislation: - UST - Franchise tax -lmpact fees soumes re: specific needs e.g., sheets, parks, etc. · Develop partnerships with UlqT, TWU, HCTC · Develop sl~ong economic development program via s~'ategic partnerships Infrastructure Needs: Strategies to Overcome ~ local road maintenance entities · Review/revise road · Encourage ride-sharing slandards · Pursue alternative fuel · Undertake planning with vehicles other entities who use the · Modify travel behaviors roads e.g. Cut-down on a.m. · Reduce trips: implement meetings the "Denton Plan" include · Encourage em'rent transit local employment initiative · Host meeting among developers with city Issues to be 1. Future Funding for Community Needs 2. Economic Development Future Funding: What are the Pros/Cons of lncre~ ROI in spades More palatable w/public Non-residents pay Put trans proj in jeopardy Improve air quality Reduction of traffic Improve road conditions Increese reliability, convenience, ease · Maintains local control · Denton uncompetifive · Inefficient use to reduce traffic · Potential political fallout · "It won't help me" · Reduces future flexibility · Complexity of rolling out the issues - timing, split? What community needs would we address with thence sat - Local transpotlation - Quality of life issues (s~'eet repair) improvements: parks, - Combined conference downtown creeks, sidewalks and ar~s center - Infrastructure - All-porpose event center and hotel improvements at the air industrial park - Mass Transit Future Funding: Do we wish to levy an additional Y2¢ 5~~ ,/YES Devote ',4¢ to immediate benefit and use %¢ for long-term transit ,/NO EconomicDfveloPm~ Improving anti~ ~ '' 'm ~~ business perception * Develop and · Business retention implement ED Plan · Physical space options · State transportation · Improving funding construction timelines, · State access issues permitting process · Workforce training · Increased retail · Environmental issues EconomR Issues to · Barriers: Need "one- stop shopping" for prospective businesses · Eliminate confusion between identities · Need help for businesses navigating the process · Separation of authority · Goals: To make Denton competitive with other cities · Create image that Denton is an excellent place for business · Determine most effective organization to achieve snccess Colin Powell "If it ain't broke, don't fix it', ... is the slogan of the complacent, the arrogant or the scared. It is an excuse for inaction. It's a mindset that assumes (or hopes) today's realities will continue tomorrow in a tidy, linear and predictable fashion. Pure fantasy." · Review Staff/Council issues of last year - Review and provide each other feedback on improvements made & to be made · Review Governing Style · Review Council Member Covenants Committees of the Co~ Schedule formal review of ea~~ committee to determine need~~e~"~onship to council · Formalize committee purpose and structure · Establish advisory to whom - council or staff · Require training for commissioners - establish minimal standards · Consider time demands on staff · Establish Sunset date - group & individual (cause) · Define role clarity between council & boards - how to disagree? Overcome Barriers: Council Co~ · Develop p~~ achieving consensus · Provide clear direction to staff · Review agendas of meetings and work sessions to focus on priorities · Consider public participation avenues to assure they are productive and meaningful to Council decision-making · Consider proactive linkage discussions around priorities "Coming together is a beginning; Staying together is progress; Working together is success." Henry Ford Member Resolutions for Effective Team Work for · Mark: provide better feedback re: what involved in · Mike: kozp open mind · Raymond: · Bob: become resource about solutions other cities have discovered · Perry: before deciding · Euline: organize field trips for council · Jane: represent constituents better "I know of no more encouraging fact than the unquestionable ability of man to elevate his life by a conscious endeavor." Henry David Thoreau CITY OF DENTON CITY COUNCIL MINUTES August 13, 2002 After determining that a quorum was present, the City Council convened in a Closed Meeting on August 13, 2002 at 4:00 p.m. in the Council Work Session Room at City Hall, 215 East McKinney Street. PRESENT: Mayor Brock; Mayor Pro Tem Burroughs; Council Members Fulton, McNeill, Montgomery, Phillips, and Redmon. ABSENT: None 1. The following items were discussed in Closed Meeting: A. Deliberations regarding personnel m~qtters - Under TEXAS GOVERNMENT CODE Section 551.074. Deliberated and discussed the appointment and the duties of Larry Calvert to the Construction, Advisory and Appeals Board, George Watkins to the Planning and Zoning Commission, and Cliff Reding to the Zoning Board of Adjustment, all such boards being boards exercising discretionary powers as opposed to purely advisory powers. McNeill motioned, Burroughs seconded to recess the Closed Session until the completion of the Work Session. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carded unanimously. The Council convened in a Planning Session on Tuesday, August 13, 2002 at 4:30 p.m. in the City Council Work Session Room at City Hall. 1. The Council received a report, held a discussion, and gave staff direction regarding local street maintenance and repair. Charles Fiedler, Director of Engineering, and James Coulter, Director of Water Utilities, reviewed the information presented in the agenda back-up materials. Topics of discussion included pavement deterioration, pavement management, and cost of deferred maintenance. Pavement Management topics included pavement management process, inventory, GASB 34 Roadway Assets, condition assessment, pavement surface distresses, other factors in road condition, and cost efficient decision making. Dave Hill, Assistant City Manager for Development Services, presented details regarding a sales tax funding proposal. The proposal would include a lA cent sales tax that would require city voter approval. This would be a four-year program that would have to be re-approved with a new election. The sales tax revenue could only be used for maintenance of those streets in existence on election day. This money would supplement existing city funding to get street maintenance up to standards. Bond funding would only affect property tax owners and not all of the users of the streets. Council discussed the pros and cons of different funding proposals that included funding through ad valorem taxes, bonds and sales tax. Council discussed the option of holding an election on the sales tax proposal in November. City of Denton City Council Minutes August 13, 2002 Page 2 Consensus of the Council was to hold a sales tax election in November with an ordinance on the August 20th meeting calling for the election. Council returned to the Closed Session following the completion of the Work Session. A. Deliberations regarding personnel m~qtters - Under TEXAS GOVERNMENT CODE Section 551.074. Deliberated and discussed the appointment and the duties of Larry Calvert to the Construction, Advisory and Appeals Board, George Watkins to the Planning and Zoning Commission, and Cliff Reding to the Zoning Board of Adjustment, all such boards being boards exercising discretionary powers as opposed to purely advisory powers. Following the completion of the Closed Meeting, the Council convened in a Special Called Session. 1. The Council considered nominations/appointments to the City's Boards and Commissions. Redmon motioned, Fulton seconded to approve the nominations made by Council Member Fulton at the prior meeting. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "nay", Phillips "aye", Redmon "aye", and Mayor Brock "nay". Motion carried with a 5-2 vote. With no further business, the meeting was adjourned at 7:43 p.m. EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES August 20, 2002 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, August 20, 2002 at 4:00 p.m. in the Council Chambers at City Hall. PRESENT: Mayor Brock; Mayor Pro Tem Burroughs; Council Members Fulton, McNeill, Montgomery, and Phillips. ABSENT: Council Member Redmon 1. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for the City Council regular meeting of August 20, 2002. Council Member Redmon arrived at the meeting. The City Council attended a reception for Board and Commission members at 4:30 p.m. in the Council Work Session Room at City Hall. The City Council then convened in the Council Chambers at 6:00 p.m. to consider approval of a resolution of appreciation for retiring Board/Commission members. 1. Resolution of Appreciation Montgomery motioned, Burroughs seconded to approve the Resolution of Appreciation for the Retiring Board and Commission members. On roll xote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. Regular Meeting of the City of Denton City Council on Tuesday, August 20, 2002 at 6:30 p.m. in the Council Chambers at City Hall. 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. PROCLAMATIONS/PRESENTATIONS 2. Mayor Brock presented a proclamation for "DISD Recognized Status Day". Mayor Brock presented Yard-of-the-Month Awards to: Becky and Jessica Smith Wilhelmina Showalter Bob and Pam Sherlock James and Patricia McKeown Pat Dodson Joe and Angie Pace Marvin and Nancy Jones - Xeriscaped Yard Greenhouse Restaurant- commercial City of Denton City Council Minutes August 20, 2002 Page 2 3. "Sister Cities international 2001 Innovation Award in Municipal Cooperation" between the City of Denton Texas and San Nicolas de los Garza N.L. Mexico. Captain Paul Abbott presented the Mayor and City with an award and certificate from Sister Cities international 4. Presentation to the City of Denton of the Government Finance Officers Association Distinguished Budget Award for the Fiscal Year 2001-2002 Budget. Charles Cox, Government Finance Officers Association, presented the Distinguished Budget Award for Fiscal Year 2001-2002 budget to the City of Denton. 5. Recognition of staff accomplishments. City Manger Conduffpresented staff accomplishments to the Council. CITIZEN REPORTS 6. Dessie Goodson regarding the City of Denton public transportation system. Ms. Goodson stated she had attended a public heating on transportation and no one from the Council had attended. She again questioned the funding for the LiNK system and again complained about the service received from the transit system. 7. Ross Melton regarding Code Enforcement, the lawyers and the budget. Mr. Melton stated again that he was concerned about Code Enforcement and the budget. CONSENT AGENDA Mike Cochran, 610 West Oak, Denton, 76201, submitted a request to speak on Agenda item #19. Burroughs motioned, Montgomery seconded to approve the Consent Agenda and accompanying ordinances and resolutions. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried tmanimous ly. Approved the minutes of July 16, 2002, July 23, 2002, August 6, 2002, and August 8, 2002. 9. NO. 2002-249 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO FiLE AN APPLiCATiON, EXECUTE GRANTS, AND SUBSEQUENT AMENDMENTS WITH THE U.S. DEPARTMENT OF TRANSPORTATION FEDERAL TRANSIT ADMINISTRATION AND THE TEXAS DEPARTMENT OF TRANSPORTATION FOR GRANTS AUTHORIZED BY 49 U.S.C. §5307, AND OTHER APPLICABLE LAWS; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes August 20, 2002 Page 3 10. NO. 2002-250 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NUMBER FIVE TO THE CONTRACT BETWEEN THE CITY OF DENTON, TEXAS AND ARCHER WESTERN CONTRACTORS, LTD.; PROVIDING FOR AN INCREASE IN THE SCOPE OF WORK AND AN INCREASE IN PAYMENT AMOUNT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE [ORDINANCE NO. 2001-192; BiD NO. 2612 - LAKE RAY ROBERTS 20 MGD WATER TREATMENT PLANT AWARDED TO ARCHER WESTERN CONTRACTORS, LTD. IN THE AMOUNT OF $35,785,257; SAID CONTRACT AMOUNT BEING INCREASED BY CHANGE ORDER NO. FOUR TO BE A REVISED CONTRACT AMOUNT OF $36,791,883.31; PLUS CHANGE ORDER NUMBER FIVE IN THE AMOUNT NOT TO EXCEED $57,110.55 FOR ADDiTiONAL SECURITY MEASURES AND EQUIPMENT; CHANGE ORDER NO. FIVE WILL BE PAID FROM FUNDS WITHIN THE EXISTING CONTRACT (ALLOWANCE BB)]. 11. NO. 2002-251 AN ORDINANCE ESTABLISHING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND CITY OF FORT WORTH PROVIDING FOR FIRE MUTUAL AID PURSUANT TO THE AUTHORITY GRANTED AND iN COMPLIANCE WITH THE PROVISIONS OF THE TEXAS GOVERNMENT CODE, CHAPTER 791, THE "INTERLOCAL COOPERATION ACT." 12. NO. 2002-252 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND UNIVERSITY OF NORTH TEXAS TO PROVIDE FOR MOTOR CARRIER PASSENGER SERVICE FOR UNT STUDENTS, STAFF AND FACULTY; AND PROVIDING FOR AN EFFECTIVE DATE. 13. NO. 2002-253 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS WOMAN'S UNIVERSITY TO PROVIDE FOR MOTOR CARRIER PASSENGER SERVICE FOR TWU STUDENTS, STAFF AND FACULTY; AND PROVIDING FOR AN EFFECTIVE DATE. 14. NO. 2002-254 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENCO AREA 9-1-1 DISTRICT FOR THE PURPOSE OF ESTABLISHING THE DENTON POLICE DEPARTMENT AS THE PRIMARY PUBLIC SAFETY ANSWERING PO1NT (PSAP) WITHIN THE DENCO ENHANCED 9-1-1 SYSTEM; AND PROVIDING FOR AN EFFECTIVE DATE. City of Denton City Council Minutes August 20, 2002 Page 4 15. 16. 17. 18. 19. 20. NO. 2002-255 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A TRACTOR LOADER/BACKHOE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BiD 2786 - EARTHMOViNG EQUIPMENT iTEM 4 AWARDED TO RDO EQUIPMENT IN THE AMOUNT OF $78,973). NO. 2002-256 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING AN ADDiTiONAL EXPENDITURE OF $1,191,871.00 FOR OUTDOOR AQUATIC FACILITIES ASSOCIATED WITH THE iNTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON INDEPENDENT SCHOOL DISTRICT FOR THE CONSTRUCTION OF AN AQUATIC CENTER; AND PROVIDING AN EFFECTIVE DATE. Granted a special permit to the Denton Independent School District and its contractors pursuant to the City's Noise Ordinance, Section 20-1 of the Code of Ordinances of he City of Denton, Texas, for extended hours of operations for construction activities for the proposed Aquatic Center located adjacent and west of Sherman Drive and north of Loop 288 in the City of Denton; and providing an effective date. NO. R2002-031 A RESOLUTION REQUESTING THAT THE TEXAS MUNICIPAL LEAGUE SUPPORT BENEFICIAL AMENDMENTS TO THE TEXAS TRANSPORTATION CODE PROViSiONS CONCERNING COORDINATED COUNTY TRANSPORTATION AUTHORITIES; AND PROVIDING AN EFFECTIVE DATE. NO. R2002-032 A RESOLUTION REQUESTING THE TEXAS MUNICIPAL LEAGUE TO SUPPORT BENEFICIAL AMENDMENTS TO CHAPTER 351 OF THE TEXAS TAX CODE CLARIFYING THE USE OF HOTEL/MOTEL TAX FUNDS; AND PROVIDING AN EFFECTIVE DATE. NO. R2002-033 A RESOLUTION OF THE CITY OF DENTON CITY COUNCIL REQUESTING THE TEXAS MUNICIPAL LEAGUE TO SUPPORT LEGISLATION THAT AUTHORIZES THE GOVERNOR'S DIVISION OF EMERGENCY MANAGEMENT TO PROVIDE TECHNICAL AND FINANCIAL TOOLS TO ASSIST MUNiCiPAL GOVERNMENTS WITH IMPLEMENTING EMERGENCY MANAGEMENT PLANS AND SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. City of Denton City Council Minutes August 20, 2002 Page 5 INDIVIDUAL CONSIDERATION/PUBLIC HEARINGS 21. The Council considered adoption of an ordinance on second reading to voluntarily annex approximately 345.5 acres of land generally located north of Loop 288, east of Bonnie Brae, and west of Locust in the northern section of the City of Denton extraterritorial jurisdiction (ETJ). The Planning and Zoning Commission recommended approval (6-0). (A02-O00O Doug Powell, Director of Planning and Development, reviewed the details of the proposal. He stated that item #22 would not be needed if Council approved items #23 and #24. Council agreed to have one presentation from the developer for all four agenda items. Joel Broder, Visiquest Properties, made a presentation to the Council regarding the proposed development. Mark Donaldson presented information on the proposed Comprehensive Plan amendment. The following ordinance was considered: NO. 2002-257 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY 345.5 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED NORTH OF LOOP 288, EAST OF BONNIE BRAE, AND WEST OF LOCUST IN THE NORTHERN SECTION OF THE CITY OF DENTON EXTRATERRITORIAL JURISDICTION IN THE E. PiZANO SURVEY, ABSTRACT NUMBER 994, DENTON COUNTY, TEXAS, AND BEING PART OF THE CALLED 7.597 ACRE TRACT DESCRIBED IN THE DEED FROM ONE LONGHORN LAND, L.L.C., TO 1-35 CRAWFORD ROAD PARTNERS RECORDED BY COUNTY CLERK'S FILE NUMBER 98-F0077377 REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABiLiTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (A02-0001) Burroughs motioned, McNeill seconded to adopt the ordinance. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carded unanimously. Items #23 and #24 were considered. 23. The Council held a public heating and considered adoption of an ordinance amending Ordinance 99-439, regarding a Comprehensive Plan Amendment, from Neighborhood Centers land use designation to Community Mixed Use Centers land use designation. The area for amendment encompasses approximately 57.1 acres. The site was generally located north of Loop 288, east of Bonnie Brae, and west of Locust. A grocery store and "medium to big box" commercial activity were proposed in the area for amendment, which is part of a larger development containing residential, commercial, and civic uses. The Planning and Zoning Commission recommended that a maximum of 40 acres be amended to Community Mixed Use Centers (5-1). (C402-0003) City of Denton City Council Minutes August 20, 2002 Page 6 The Mayor opened the public hearings for Items #23 and #24 No one spoke during the public hearings. The Mayor closed the public heatings. The following ordinance was considered: NO. 2002-258 AN ORDINANCE AMENDING THE DENTON PLAN 1999-2020 BY ADOPTING AN AMENDMENT TO THE LAND USE PLAN OF THE LAND ELEMENT OF THE DENTON PLAN FOR THE CITY OF DENTON, TEXAS; THE AREA FOR AMENDMENT ENCOMPASSING APPROXIMATELY 57.1 ACRES AND GENERALLY LOCATED NORTH OF LOOP 288, EAST OF BONNIE BRAE, AND WEST OF LOCUST, IN THE CITY OF DENTON, PROVIDING A SAVINGS AND REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (CA-02-0003) Burroughs motioned, Fulton seconded to approve the 57.1 acres as proposed by the applicant. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carded unanimously. 24. The Council held a public heating and considered adoption of an ordinance rezoning multiple parcels totaling approximately 750 acres from Neighborhood Residential 1 (NR-1), Neighborhood Residential 2 (NR-2), Neighborhood Residential 4 (NR-4), Neighborhood Residential 6 (NR-6), Neighborhood Residential Mixed-Use 12 (NRMU-12), and Neighborhood Residential Mixed-Use (NRMU) zoning districts to Neighborhood Residential 2 (NR-2), Neighborhood Residential 3 (NR-3), Neighborhood Residential 4 (NR-4), Neighborhood Residential 6 (NR-6), Neighborhood Residential Mixed-Use 12 (NRMU-12), Neighborhood Residential Mixed-Use (NRMU), and Community Mixed-Use General (CM-G) zoning districts. The property was generally located north of Loop 288, east of Bonnie Brae, and west of Locust Street. Single-family dwelling units, multi-family dwelling units, commercial development, and civic uses were proposed. The Planning and Zoning Commission recommended approval (6-0) with a maximum of 40 acres of Community Mixed-Use General (CM-G) and an additional 17.1 acres of Neighborhood Residential Mixed-Use (NRMU). (Z02-0027) The following ordinance was considered: NO. 2002-259 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 1 (NR- 1), NEIGHBORHOOD RESIDENTIAL 2 (NR-2), NEIGHBORHOOD RESIDENTIAL 4 (NR-4), NEIGHBORHOOD RESIDENTIAL 6 (NR-6), NEIGHBORHOOD RESIDENTIAL MIXED-USE 12 (NRMU- 12), AND NEIGHBORHOOD RESIDENTIAL MIXED-USE (NRMU) ZONING DISTRICT CLASSIFICATIONS AND USE DESIGNATIONS TO NEIGHBORHOOD RESIDENTIAL 2 (NR-2), City of Denton City Council Minutes August 20, 2002 Page 7 NEIGHBORHOOD RESIDENTIAL 3 (NR-3), NEIGHBORHOOD RESIDENTIAL 4 (NR-4), NEIGHBORHOOD RESIDENTIAL 6 (NR-6), NEIGHBORHOOD RESIDENTIAL MIXED-USE 12 (NRMU-12), NEIGHBORHOOD RESIDENTIAL MIXED-USE (NRMU) AND COMMUNITY MIXED-USE GENERAL (CM-G) ZONING DISTRICT CLASSIFICATIONS AND USE DESIGNATIONS FOR APPROXIMATELY 750 ACRES OF LAND GENERALLY LOCATED NORTH OF LOOP 288, EAST OF BONNIE BRAE, AND WEST OF LOCUST STREET AND LEGALLY DESCRIBED AS TRACTS 23 AND 24 OF THE V. GAILER SURVEY AND TRACTS 9, 10, AND 11 OF THE M. MAY SURVEY; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z02-0027) Burroughs motioned, Redmon seconded to approve the proposal as requested with a general staff direction to explore the possibilities to tie in the school sites. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carded unanimously. 22. The Council held a public heating and considered adoption of an ordinance zoning approximately 345.5 acres of land to a Neighborhood Residential 1 (NR-1) zoning district. The site was generally located north of Loop 288, east of Bonnie Brae, and west of Locust in the northem section of the City of Denton extraterritorial jurisdiction (ET J). The Planning and Zoning Commission recommended approval (6-0). (Z02-0032) This item was not considered. 25. The Council held a public heating and considered a Specific Use permit for approximately 2.9 acres. The site was in a Downtown Commercial General (DC-G) zoning district. The subject property was located at the southeast comer of Carroll Boulevard and Eagle Drive. A convenience store and gas station was proposed. The Planning and Zoning Commission recommended approval (6-0). (Z02-0029) Doug Powell, Director of Planning and Development, presented the details of the proposal. The Mayor opened the public heating. The following individuals spoke during the public heating: Steve Walker, representing the applicant, - favor Bob Crouch, 801 North Locust, Denton, 76201 - favor The Mayor closed the public heating. The following ordinance was considered: City of Denton City Council Minutes August 20, 2002 Page 8 NO. 2002-260 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT ALLOWING GASOLINE SALES ON 2.9 ACRES OF LAND COMMONLY KNOWN AS 321 EAGLE DRIVE, 918 AND 922 SOUTH MYRTLE STREET WiTHiN A DOWNTOWN COMMERCIAL GENERAL (DC-G) DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. McNeill motioned, Burroughs seconded to adopt the ordinance. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carded unanimously. 26. The Council held a public heating and received citizen input on the 2002-03 proposed budget. Kathy DuBose, Assistant City Manager for Fiscal Services, presented details on the budget. The Mayor opened the public heating. The following individuals spoke during the public heating regarding the budget: Dessie Goodson, 509 Congress, Demon, 76201 Robbie Swafford, 2725 Misty Wood Lane, Demon, 76209 Judy Self, 1927 North Locust, Demon, 76201 The following individuals submitted Comment Cards: Shirley and J. B. Haisler, 1200 Cowing Road, Sanger, 76266 The Mayor closed the public heating. ITEMS FOR INDIVIDUAL CONSIDERATION 27. The Council considered adoption of an ordinance ordering an election to be held in the City of Demon, Texas, on November 5, 2002 for the purpose of determining whether a local sales and use tax will be adopted in Denton, Texas at the rate of one-fourth of one-percent to provide revenue for the maintenance and repair of municipal streets; designating a voting place and appointing election officials; providing for bilingual notice of the election; ordering that an electronic voting system be used; making additional provisions for the conduct thereof; providing an open meetings clause; and providing an effective date. Council discussed the pros and cons of holding a sales tax election at this time and the possible outcome it might have on the County Transportation issue. City of Denton City Council Minutes August 20, 2002 Page 9 Bob Ralph, 1717 West Oak, Denton, 76201, spoke on the issue in favor of postponing the election and forming a citizen committee to study the issue. Burroughs motioned, Redmon seconded to postpone consideration of the ordinance with staff notifying Council 90 days before the notification time for the next election date. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carded unanimously. 28. The Council received a report, held a discussion, and gave staff direction regarding the 2002- 03 proposed budget. Council Member Fulton requested to revisit the hotel/motel tax question and the division of entities and how determination was made for funding the organizations. City Manager Conduff stated that the proposed budget did not fund any new entities. If the Council wanted to so do, it needed to provide staff direction on how to fund the new organizations. Council held a discussion regarding the use of the hotel occupancy tax funds, determination of which agencies were funded, council contingency funds, and whether to delay the hiring of new fire fighters. Burroughs motioned, Mayor seconded to direct staff to move forward with the budget as proposed with the exception of restoring the Council contingency budgets. On roll vote, Burroughs "aye", Fulton "nay", McNeill "aye", Montgomery "aye", Phillips "nay", Redmon "nay", and Mayor Brock "aye". Motion carded with a 4-3 vote. Mayor Brock left the meeting with a conflict of interest. 29. The Council considered adoption of an ordinance on second reading amending the existing Gas Franchise between the City and TXU Gas Company, to provide for a different consideration and to authorize the lease of facilities within the City's rights-of-way; providing for acceptance by TXU Gas Company; funding and determining that the meeting at which this ordinance is passed is open to the public as required by law; and providing an effective date. McNeill motioned, Fulton seconded to adopt the ordinance on second reading. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", and Redmon "aye". Motion carded unanimously. 30. The Council considered adoption of an ordinance on second reading amending the existing Electric Franchise between the City and Oncor Electric Delivery Company, to provide for a different consideration; providing for acceptance by Oncor Electric Delivery Company; funding and determining that the meeting at which this ordinance is passed is open to the public as required by law; and providing an effective date. Montgomery motioned, Fulton seconded to adopt the ordinance on second reading. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", and Redmon "aye". Motion carded unanimously. City of Denton City Council Minutes August 20, 2002 Page 10 31. New Business The following items of New Business were suggested by Council for future agendas: A. Council Member Phillips requested an update on the West Nile vires and a public update on what the City was doing to keep individuals informed. B. Council Member Redmon asked about the feasibility of a pocket park for Township II and the dedication of roads for the Villas of Piney Creek. the possibility of painting state C. Council Member Redmon asked about championship titles on the new water tower. 32. Items from the City Manager City Manager Conduff did not have any items for Council. 33. There was no continuation of Closed Meeting Texas Open Meetings Act. 34. There was no official action on Closed Meeting of the Texas Open Meetings Act. under Sections 551.071-551.086 of the Item(s) under Sections 551.071-551.086 With no further business, the meeting was adjourned at 9:50 p.m. EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES August 21, 2002 Joint Meeting of the City of Denton City Council and the Denton Independent School District Board of Trustees on Wednesday, August 21, 2002 at 12 noon in the Board Room at the DISD Central Services Building, 1307 N. Locust, Denton, Texas. PRESENT: Mayor Brock; Mayor Pro Tem Burroughs; Council Members Fulton, McNeill, Montgomery, Phillips, and Redmon. ABSENT: None 1. Mayor Brock called the Council to order and announced a quorum of Council was present. 2. The Council received a report and held a discussion regarding an update on the Clear Creek Natural Heritage Center. Howard Martin, Assistant City Manager for Utilities, reviewed the history of the project. Consultants for the project reviewed the site location, features of the site and proposed uses. 3. The Council received a report and held a discussion regarding an update on the Denton lSD Bond Referendum. Ray Braswell, Superintendent of Schools, presented the details of the bond proposal. 4. The Council received a report and held a discussion regarding the Denton 1SD Accountability Ratings. Ray Braswell, Superintendent of Schools, reviewed the DISD's accountability ratings for each school. 5. The Council received a report and held a discussion regarding an update on the Infrastructure Improvements to 2181 South and 380 East. Dave Hill, Assistant City Manager for Development Services, reviewed the infrastructure improvements planned for Highway 380. 6. With no further business, the meeting was adjourned at 1:45 p.m. EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS This page left blank intemionally. Agenda 02-031 09/17/02 #7 AGENDA INFORMATION SHEET AGENDA DATE: September 17, 2002 DEPARTMENT: City Manager's Office CM/DCM/ACM: Michael A. Conduff, City Manager SUBJECT: Consider adoption of an ordinance authorizing the City Manager to execute a personal services agreement with Barbara T. McCall Associates, Inc. to provide certain information and services with regard to legislation of interest to the city. BACKGROUND: Since 1997, Denton has joined the cities of Austin, Dallas, Lubbock and formerly Piano, who is no longer a member due to budgetary constraints, as part of the Texas Cities Legislative Coalition that contracts for the services of Barbara T. McCall Associates, Inc. Ms. McCall provides advocacy assistance to local government and their agencies. As our Washington contact, Ms. McCall provides information about legislative and executive action on issues of common interest, transmitting city positions on the issues to the Congressional delegation and to the Administration, and pursuing defined projects or individual legislative priorities for each city. This includes establishing and maintaining contact with the Texas Senators and the city's Representatives. As our Washington representative, she also maintains communications with the White House and many federal agencies and departments. The services of Barbara T. McCall Associates, Inc. have been beneficial to the City of Denton in making elected officials and staff aware of federal grant deadlines and pending legislation that could impact the city. During the last fiscal year, Ms. McCall and her associates assisted the staff in obtaining support for earmarked funds for airport improvements. Her services were instrumental in tracking grants, and legislative priorities. In addition, Ms. McCall has assisted Denton in obtaining information regarding law enforcement and homeland security, tax issues, environmental issues, transportation issues and keeping Denton abreast of proposed legislation and funding opportunities. The contract retains the adviser's services, provides thirty-six (36) hours of assured-usage hours and includes optional hours not to exceed one hundred (100). RECOMMENDATIONS: Approve the ordinance allowing the City Manager to execute the contract. PRIOR ACTION/REVIEW (Council, Boards, Commission): Previous contracts have been approved in 1998, 1999, 2000 and 2001 with the adoption of Ordinance No. 98-348, Ordinance No. 99-380, Ordinance No. 2000-356 and Ordinance No. 2001-321. FISCAL INFORMATION: The service cost of the basic contract is $24,600 including a retainer of $16,000 per one-year period, thirty-six assured-usage hours of service, and reimbursable costs not to exceed $5,000 plus optional hours of service not to exceed one hundred hours at a cost orS100 per hour. The maximum total impact would be $34,600, which has been included in the 2002-2003 fiscal year budget. Prepared by: Pamela Rambo-Estill Management Assistant Respectfully submitted: Betty Williams Director of Management & Public Information Attachments: Ordinance Contract S:\Our Documents\Ordinances\02\McCall Contract Ordinance.doc ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PERSONAL SERVICES AGREEMENT WITH BARBARA T. MCCALL ASSOCIATES, iNC. TO PROVIDE CERTAIN INFORMATION AND SERVICES WITH REGARD TO LEGISLATION OF 1NTEREST TO THE CITY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton wishes to employ Barbara T. McCall Associates, Inc. to provide personal services with regard to legislation which is of imerest to the City; and WHEREAS, the City of DeNon will be participating with a number of other cities that have entered into similar Personal Services Agreements with Barbara T. McCall Associates, Inc.; and WHEREAS, due to the concurrent participation of other Texas cities and that Barbara T. McCall has unique qualifications and experience that no other person can offer the City during this period of time as a Personal Services Contract, this Contract is exempt from competitive bidding in accordance with Tex. Loc. Gov't Code §252.002(a)(4); and WHEREAS, the City Council deems it in the public imerest to authorize the City Manager to enter into a Personal Services Contract with Barbara T. McCall Associates, Inc. for the above-mentioned legislative services; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Manager is hereby authorized to enter into a Personal Services Agreemem with Barbara T. McCall Associates, inc., substantially in the form of the attached Agreemem, which is made a part of this ordinance for all purposes, to provide information about legislation and other related personal services to the City. SECTION 2. That the City Manager is hereby authorized to make the expenditures as outlined in the attached Agreement. SECTION 3. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 PERSONAL SERVICES AGREEMENT Between the City of Denton, Texas State of Texas, County of DentOn and BARBARA T. McCALL ASSOCIATES, INC. Washington, D.C. WHEREAS, the City of Denton, ("City"), in consultation with other major cities in Texas, has determined that there is a need for jointly sponsored Washington representation; and WHEREAS, this need is particularly pressing in relation to: 1. information about legislative and executive action on issues of common interest, transmitting City positions on these issues to the Congressional delegation and to the Administration, and o obtaining individual City service to pursue defined projects or individual legislative priorities; and WHEREAS, Barbara McCall, due to the concurrent participation of other Texas cities has unique qualifications and experience that no other person can offer the city during this period of time; and WHEREAS, Barbara T. McCall is known to the Cities and is capable of and willing to undertake such representation in Washington as a personal services contract exempt from competitive bidding in accordance with Section 252.022 (a) of the Texas Local Government Code; NOW, THEREFORE, the City of Denton, in association with and recognizing the concurrent participation of the Cities of Austin, Dallas, and Lubbock (collectively, the "Cities"), enters into this personal services agreement with Barbara T. McCall Associates, Inc. ("Consultant"). I. OBLIGATIONS OF THE CONSULTANT The Consultant will operate a trait to act as a Washington office for the Cities and head this unit and as Washington Assistant to the Cities. The Consultant will furnish requisite staff, office space, utilities, furnishings, and equipment, secretarial services, common-use office supplies and services, and general administrative support. The Consultant will consult with the "Committee" (see Section liE) to determine issues of specific interest to the Cities and to determine policies and positions which the Cities as a group hold and wish to be pursued. In cases in which the City positions differ from or conflict with the Cities' group position, the Consultant will consult with the City and the Committee to determine the proper course of action. Information. The Consultant will provide regular information on Washington issues and events of interest to the Cities. This will be done by: a) a regular "Washington Report," b) written reports, bulletins, and memoranda on developments regarding Texas-specific issues, and c) direct phone contact. The Consultant will present federal affairs briefings for the Cities at times and places specified by the Committee. Congressional Relations. The Consultant will establish and maintain on a regular basis contact with the Texas Senators and the Cities' delegation in the House of Representatives. Administrative Relations. The Consultant will advise and consult on behalf of the City with the White House and the following federal agencies or departments: Commerce, SBA, Treasury, HUD, Labor, HHS, DOT, EPA, Interior, Justice, DOE, and such other agencies, departments and commissions as may be necessary to the performance of Washington service to the City. 2 F. Individual City Services. The Consultant will initiate and pursue research, reports, meetings, consultation and other activities on matters of interest to the City and will respond to requests for similar actions from the City. She will inform the Administration and Congress of the needs of the City. Such services and activities will be provided at a cost of $100.00 per hour. Should billable costs for the contract period appear to exceed the costs specified in Sections II, B or C. The consultant will notify the City, together with her estimates of the extra amounts expected to be required, the reasons therefore, and her recommendation to the City. II. OBLIGATIONS OF THE CITY Ao The City will contract with the Consultant for specified services for a period of one year, commencing October 1, 2002 and ending September 30, 2003. B. Service Costs 1. The service cost of this Contract is composed of three elements: A retainer of sixteen thousand dollars ($16,000.00) per the one year period. b) Thirty-six assured-usage hours of service at one hundred dollars ($100.00) per hour, totaling three thousand six hundred dollars ($3,600.00). c) Optional use hours of service at the rate of one hundred dollars ($100.00) per hour, not to exceed ten thousand dollars ($10,000.00). C. Reimbursable Costs--Not to Exceed five thousand dollars ($5,000.00). Costs incident to travel outside Washington, D.C. for long-distance telephone calls and for expedited communication services shall be reimbursed to the Consultant upon submission of its invoice to the City. It is understood that travel is to be pre-authorized by the City or the Committee. In the case of travel authorized by the Committee, the City agrees to pay its pro-rata share of the costs. Costs for the following items which exceed the allocation for such items in the basic contract cost shall, when authorized by the City and the 3 Do Committee, be reimbursed to the Consultant upon presentation of an invoice: a) b) c) d) e) If an expenditure under this section is authorized Committee, the City agrees to pay its pro-rata share. Subscription and dues. Printing and graphics. Supplies. Provision of local ground transportation in Washington. Rental of meeting facilities and other meeting expenses. by the Contract costs are payable as follows: The retainer and assured hourly costs of (nineteen thousand six hundred dollars ($19,600) are payable, quarterly, in advance in these amounts: October 1, 2002 $4,900.00 January 1, 2003 94,900.00 April 1, 2003 ~4,900.00 July 1, 2003 ~4,900.00 The optional hourly costs above the first thirty-six hours of service are payable upon billing by the Consultant, after the assured hours of service have been exceeded. (Sec. II, B. 2) The Committee. The City will appoint a member to a Committee of the Cities associated in this effort. The Committee will appoint its own chairperson and determine the times and places of its meetings. The functions of the Committee are: a) to determine common positions on federal issues which the Consultant is to pursue on behalf of the Cities. 4 III. b) to discuss apparent conflicts or differences on issues or projects which may arise among the Cities and to resolve them in terms of a course of action for the Consultant. c) to monitor the function and operation of the Washington office to determine if it is fulfilling the goals and objectives for which it was designed. d) to authorize travel and other reimbursable expenses to be incurred for the common purposes of the Cities. F. General. The City will inform the Consultant of the person(s) authorized to request services and to serve as the chief contact. The City will supply the Consultant with a summary of the federal programs in which the City is participating and other information necessary to an understanding of the City's purposes in relation to the federal govemment. THE CITY AND THE CONSULTANT AGREE THAT CERTAIN EXCLUSIONS SHALL APPLY. The Consultant will not: A. Directly or indirectly participate in or intervene in any political campaign on behalf of or in opposition to any candidate for public office. B. Will not represent the interests of local constituents in pursuit of federal business. City except those which are instrumentalities or agencies of the City. By virtue of this agreement, represent other local agencies in the D. Perform any legal, engineering, accounting, or other professional services. similar E. Expend more than two thousand five hundred dollars ($2,500.00) provided by this contract in efforts to influence HUD directly, as specified in Sec 7 (d) and 13 (g) of the Department of Housing and Urban Development Act 42 USC 3535 (d) and 3537 b(g) and 24 CFR Sec. 86.1. THE CITY AND THE CONSULTANT AGREE VI. VII. Either party may terminate this agreement at any time by giving the other at least thirty days' written notice. B. This agreement shall take effect on October 1, 2002. PROFESSIONAL COMPETENCY ho The Consultant agrees that in the performance of these personal services, Consultant shall be responsible to the level of competency and shall use the same degree of skill and care presently maintained by other practicing professionals performing the same or similar types of work. For the purpose of this Agreement, the key person who will be performing most of the work hereunder shall be Barbara T. McCall. However, nothing herein shall limit Consultant from using other qualified and competent members of her firm to perform the services required herein so long as they are working in a support role to Ms. McCall. The City shall be able to make copies of any reports and documents prepared or obtained under the terms of this Agreement. The City shall be able to use copies of these reports and documents without restriction on their use and without further compensation to Consultant. ESTABLISHMENT AND MAINTENANCE OF RECORDS Full and accurate records shall be maintained by the Consultant at its place of business with respect to all matters covered by this. Agreement. Such records shall be maintained for a period of at least three years after receipt of final payment under this Agreement. AUDITS AND INSPECTION At any time during normal business hours and upon reasonable notice to the Consultant, there shall be made available to the City all of the Consultant s records with respect to all matters covered by this Agreement. The Consultant shall permit the City to audit, examine, and make excerpts or transcripts from such records, and to make audits of contracts, invoices, materials, and other data relating to all matters covered by this Agreement. INDEMNITY AND INDEPENDENT CONTRACTOR RELATIONSHIP The Consultant shall perform all services as an independent contractor not under the direct supervision and control of the City. Nothing herein shall be construed as creating a relationship of employer and employee between the parties. The City and Consultant agree to cooperate in the defense of claims, actions, suits, or proceedings of any kind brought by a third party which may result from or directly or indirectly arise fi'om any negligence and/or errors or omissions on the part of the Consultant or from any breach of the Consultant s obligations under this Agreement. In the event of any litigation or claim under this Agreement in which the City is joined as a party, Consultant shall provide suitable counsel to defend City and Consultant against such claim, provided the Consultant shall have the fight to proceed with the competent counsel of its own choosing. The Consultant agrees to defend, indemnify, and hold harmless the City and all of its officers, agents, servants, and employees against any all such claims to the extent of coverage by Consultant s commercial liability policy. The Consultant agrees to pay all expenses, including, but not limited to attorney s fees, and satisfy all judgements which may be incurred or rendered against the Consultant s commercial liability insurance policy. Nothing herein constitutes a waiver of any rights or remedies the City may have to pursue under either law or equity, including, without limitation, a cause of action for specific performance or for damages, a loss to the City resulting from Consultant s negligent errors or omissions, or breach of contract, and all such rights and remedies are expressly reserved. Consultant shall maintain and shall be caused to be in force at all times during the term of this Agreement, a legally binding policy of commercial liability insurance, with a rating of at least A- with Best Rated Carders. Such coverage shall cover any claim hereunder occasioned by the Consultant s negligent professional act and/or error or omission, in an amount not less than $500,000 combined single limit coverage occurrence. In the event of change or cancellation of the policy by the insurer, the Consultant hereby covenants to forthwith advise the City thereof; and in such event, the consultant shall, prior to the effective date of change or cancellation, serve substitute policies furnishing the same coverage. The Consultant shall provide a copy of such policy or the declarations page of the policy or a certificate of insurance, whichever is reasonably satisfactory, to the City through its City Manager simultaneously with the execution of this Agreement. IX. COMPLIANCE WITH LAWS The consultant shall comply with all applicable laws. X. GOVERNING LAW This agreement shall be govemed by the laws of the State of Texas, venue and jurisdiction of any suit or cause of action arising under this agreement shall lie exclusively in a court of competent jurisdiction sitting in Denton County, Texas. In wimess hereof, the City of Deuton, Texas, has caused this agreement to be executed by its duly authorized City Manager and Consultant has executed this agreement through its duly authorized President, dated this ~ day of 2002. FOR THE CITY OF DENTON, TEXAS Michael A. Conduff City Manager Attest: Jennifer Walters City Secretary Barbara T. McCall, President Barbara T. McCall Associates, Inc. 1401 K Street, NW Suite 700 Washington, DC 20005 202-842-5430 Federal Employer ID #: 52-1906049 Approved to legal form: By: Dorothy Palumbo, City Attorney 8 Agenda 02-031 09/17/02 #8 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET September 17, 2002 Police Jon E. Fortune, Public Safety and Transportation Services SUBJECT Consider approval of a resolution of the City of DeNon, Texas approving the appointment of'the Reserve Police Officers listed in the resolution. BACKGROUND The City of, DeNon has maimained a Reserve Officer Unit f,or over thirty years. The members of, the Reserve Unit are certified police officers who volunteer to assist the Police Department at special events, incidents that require a large number of, officers such as searches f,or missing children, and emergency situations such as natural disasters. These officers may carry weapons only when authorized by the Chief of, Police and when discharging official duties as duly constituted peace officers. Section 341.012 of, the Texas Local Government Code requires that the City Council approve persons appointed to the Police Reserve Force before those persons may carry a weapon or otherwise act as a peace officer. The Council last approved the list of, reserve officers in a resolution on June 15, 1999. Since that time, four reserve officers have left the Unit and seven other officers have been selected f,or the Unit. Therefore, this resolution is necessary f,or the appointment of, the new reserve officers. RECOMMENDATION The Police Departmem strongly recommends approval of the Resolution. (1) The Reserve Unit makes a significam comribution to the public safety and security of'the citizens of'Demon. (2) The Reserve Unit provides additional staffing and resources f,or the Police Department at a very minimal cost. FISCAL IMPACT There is no fiscal impact to the City. Prepared by: Joanie Housewright, Captain Support Services Division Respectfully submitted, Charles Wiley, Chief` of, Police S:\Our Docmments~esolurions\02~eserve Police Appointments.doc RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING THE APPOINTMENT OF THE RESERVE POLICE OFFICERS LISTED IN THE RESOLUTION. WHEREAS, Section 341.012 of the Texas Local Government Code requires that the City Council approve persons appointed to the Police Reserve Force before those persons may carry a weapon or otherwise act as a peace officer; and WHEREAS, the City Council deems it to be in the best interests of the public safety and security of the citizens of Denton to authorize members of the Police Reserve Force to exercise the full authority allowed by statute; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The following members of the Police Reserve Force are hereby approved: Robert Beadle Charles Beavers Art Behrens Sarah Blair Terry Collins Mark Courson Ron Hull Mike Hupp Lin Jones Doug Kriese Chuck Kull Paul Leslie Kirby Lord Mitch Manning Wes McBride Mike Quintero Dale Russell SECTION 2. The members of the Police Reserve Force approved in Section I may carry weapons only when authorized by the Chief of Police and when discharging official duties as duly constituted peace officers. SECTION 3. This Resolution shall be effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Agenda 02-031 09/17/02 #9 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: September 17, 2002 Police Jon Fortune, Public Safety and Transportation Operations SUBJECT Consider approval of a resolution of the City Council of the City of Demon, Texas, authorizing the City Manager, as Denton's authorized representative, to file a project application with the North Cemral Texas Council of Govemmems (NCTCOG) for a regional solid waste program local project to facilitate public awareness and education opportunities to reduce littering and illegal dumping; authorizing the City Manager, or his designee, to act on behalf of the City of Denton in all matters related to the application; and pledging that if a project is received, the City of Demon will comply with the project requiremems of the NCTCOG, the Texas Commission on Environmemal Quality and the State of Texas; and providing an effective date. BACKGROUND On September 1, 2000 the City of Denton created an Environmental Crimes Unit staffed by a licensed police officer, funded by a North Cemral Texas Council of Govemmemal Illegal Dumping/Litter Abatement Program Grant. This program has been a success with the dedication of one officer to enforce illegal dumping and litter laws, resulting in over 100 citations issued and over 18 misdemeanor and felony cases filed. Funding was also used to erect "No Littering" and "No Dumping" signs throughout the City, to provide training to Police Officers and Code Enforcemem Officers in Demon and surrounding communities, and to provide educational materials to the public, both in English and Spanish. The City has gained positive recognition in the area through news features by local and regional media and through participation in the NCTCOG Regional Solid Waste (SID) Stop Illegal Dumping Ad-Hoc subcommittee. The City of Demon Police Departmem is requesting authorization to file an application with NCTCOG for funding to "facilitate public awareness and education opportunities to reduce littering and illegal dumping". The gram funding is allocated from environmemal fees collected by the Texas Commission on Environmemal Quality (TCEQ), formerly the Texas Natural Resources Conservation Commission (TNRCC), and distributed to the regional Council of Governments throughout the State. This program will further the current efforts of the Illegal Dumping and Litter Abatement Program by educating enforcemem personnel and civilian volumeers as to the applicable revised State and local environmemal laws and the hazards faced by enforcemem personnel when dealing with illegal dump sites, and to alter the attitude and mindset of the public toward litter and illegal dumping in an attempt to achieve a positive long-term effect on this problem. PRIOR ACTION/REVIEW None FISCAL INFORMATION The requested gram funding consists of $4,850 for a public awareness and education program. The required local match consists of in-kind comributions, specifically currem employee salary and benefits and office space, totaling $19,876. Therefore, the City will incur no additional cost for this program. Respectfully submitted, Charles Wiley Chief of Police Prepared by: Officer M.J. Sweet Environmental Crimes Investigator Denton Police Department S:\Our DocmmentskResolurions\02~SolidWasteProj ecr 1.doc RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORiZiNG THE CITY MANAGER, AS DENTON'S AUTHORIZED REPRESENTATIVE, TO FILE A PROJECT APPLICATION WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS (NCTCOG) FOR A REGIONAL SOLID WASTE PROGRAM LOCAL PROJECT TO FACILITATE PUBLIC AWARENESS AND EDUCATION OPPORTUNITIES TO REDUCE LiTTERiNG AND ILLEGAL DUMP1NG; AUTHORiZiNG THE CITY MANAGER, OR HIS DESIGNEE, TO ACT ON BEHALF OF THE CITY OF DENTON iN ALL MATTERS RELATED TO THE APPLICATION; AND PLEDGING THAT IF A PROJECT IS RECEIVED THE CITY OF DENTON WILL COMPLY WITH THE PROJECT REQUIREMENTS OF THE NCTCOG, THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND THE STATE OF TEXAS; AND PROViDiNG AN EFFECTIVE DATE. WHEREAS, the North Central Texas Council of Governments is directed by the Texas Commission on Environmemal Quality to administer solid waste project funds for implementation the COG's adopted regional solid waste management plan; and WHEREAS, the City of DeNon is qualified to apply for project funds under the Request for Projects; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Manager or his designee is authorized to request project funding under the North Central Texas Council of Governmems' Request for Projects of the Regional Solid Waste Local Project Funding Program and act on behalf of the City of Denton in all matters related to the project application for a project to facilitate public awareness and education opportunities to reduce littering and illegal dumping and any subsequent project contract and project that may result. SECTION 2. If the project is funded, the City of DeNon will comply with the project requirements of the North Central Texas Council of Governments, Texas Commission on Environmemal Quality and the State of Texas. SECTION 3. The project funds and any project-funded equipmem or facilities will be used only for the purposes for which they are imended under the project. SECTION 4. The activities will comply with and support the adopted regional and local solid waste managemem plans adopted for the geographical area in which the activities are performed. Page 1 S:\Our Docmments~esolurions\02~SolidWasteProj ecr 1.doc SECTION 5. passage in accordance with accordingly so resolved. That this resolution shall take effect immediately from and after its the provisions of the Charter of the City of Demon, and it is PASSED AND APPROVED this the day of ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 Agenda 02-031 09/17/02 #10 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: September 17, 2002 Police Jon Fortune, Public Safety and Transportation Operations SUBJECT Consider approval of a resolution of the City Council of the City of Demon, Texas, authorizing the City Manager, as Denton's authorized representative, to file a project application with the North Cemral Texas Council of Govemmems (NCTCOG) for a regional solid waste program local project to reduce the number of illegal dump sites and expand clean-up evems through public and private partnerships; authorizing the City Manager, or his designee, to act on behalf of the City of Denton in all matters related to the application; and pledging that if a project is received, the City of Demon will comply with the project requirements of the NCTCOG, the Texas Commission on Environmental Quality and the State of Texas; and providing an effective date. BACKGROUND On September 1, 2000 the City of Denton created an Environmental Crimes Unit staffed by a licensed Police Officer, funded by a North Cemral Texas Council of Governmemal Illegal Dumping/Litter abatement program grant. This program has been a success with the dedication of one officer to enforce illegal dumping and litter laws, resulting in over 100 citations issued and over 18 misdemeanor and felony cases filed. Funding was also used to erect "No Littering" and "No Dumping" signs throughout the city, to provide training to police officers and Code Enforcemem officers in Demon and surrounding communities, and to provide educational materials to the public, both in English and Spanish. The City has gained positive recognition in the area through news features by local and regional media and through participation in the NCTCOG Regional Solid Waste (SID) Stop Illegal Dumping Ad-Hoc subcommittee. The City of Demon Police Departmem is requesting authorization to file an application with NCTCOG for funding to "reduce the number of illegal dumpsites and expand clean-up evems through public and private partnerships". The gram funding is allocated from environmemal fees collected by the Texas Commission on Environmemal Quality (TCEQ), formerly the Texas Natural Resources Conservation Commission (TNRCC), and distributed to the regional Council of Governments throughout the State. This program will further the current efforts of the Illegal Dumping and Litter Abatement Program by cleaning up illegal dumpsites where suspects cannot be determined, to clean up transient litter on city streets and storm drains, and offset the cost of proper disposal of materials collected at clean up sites. There is currently inadequate funding budgeted for these tasks that must be done. PRIOR ACTION/REVIEW None FISCAL INFORMATION The requested gram funding consists of $23,500 for a dumpsite/litter clean-up program. The required local match consists of in-kind comributions, specifically currem employee salary and benefits, office space, and equipmem, totaling $22,876. Therefore, the City will incur no additional cost for this program. Prepared by: Officer M.J. Sweet Environmental Crimes Investigator Denton Police Department Respectfully submitted, Charles Wiley Chief of Police S:\Our DocmmentskResolurions\02~SolidWasteProj ect2.doc RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORiZiNG THE CITY MANAGER, AS DENTON'S AUTHORIZED REPRESENTATIVE, TO FILE A PROJECT APPLICATION WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS (NCTCOG) FOR A REGIONAL SOLID WASTE PROGRAM LOCAL PROJECT TO REDUCE THE NUMBER OF ILLEGAL DUMP SITES AND EXPAND CLEAN-UP EVENTS THROUGH PUBLIC AND PRIVATE PARTNERSHIPS; AUTHORiZiNG THE CITY MANAGER, OR HIS DESIGNEE, TO ACT ON BEHALF OF THE CITY OF DENTON IN ALL MATTERS RELATED TO THE APPLICATION; AND PLEDGING THAT IF A PROJECT IS RECEIVED THE CITY OF DENTON WILL COMPLY WITH THE PROJECT REQUIREMENTS OF THE NCTCOG, THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND THE STATE OF TEXAS; AND PROViDiNG AN EFFECTIVE DATE. WHEREAS, the North Central Texas Council of Governments is directed by the Texas Commission on EnvironmeNal Quality to administer solid waste project funds for implementation the COG's adopted regional solid waste management plan; and WHEREAS, the City of DeNon is qualified to apply for project funds under the Request for Projects; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Manager or his designee is authorized to request project funding under the North CeNral Texas Council of Governments' Request for Projects of the Regional Solid Waste Local Project Funding Program and act on behalf of the City of Denton in all matters related to the project application for a project to reduce the number of illegal &mp sites and expand clean-up evens through public and private partnerships and any subsequeN project contract and project that may result. SECTION 2. If the project is funded, the City of DeNon will comply with the project requirements of the North Central Texas Council of Governments, Texas Commission on EnvironmeNal Quality and the State of Texas. SECTION 3. The project funds and any project-funded equipmeN or facilities will be used only for the purposes for which they are iNended under tle project. SECTION 4. The activities will comply with and support the adopted regional and local solid waste managemeN plans adopted for the geographical area in which the activities are performed. Page 1 S:\Our DocmmentskResolurions\02kSolidWasteProj ect2.doc SECTION 5. passage in accordance with accordingly so resolved. That this resolution shall take effect irrmediately from and after its the provisions of the Charter of the City of Denton, and it is PASSED AND APPROVED this the day of ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 Agenda 02-031 09/17/02 #11 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: September 17, 2002 Police Jon Fortune, Public Safety and Transportation Operations SUBJECT Consider adoption of an ordinance authorizing the Mayor to execute a Mutual Aid Law Enforcement Agreement between the City of Denton Police Department and the University of North Texas Police Department to allow cooperation in the investigation of criminal activity and to protect health, life, and property against such things as riot and natural disaster or man-made calamity; and providing for an effective date. BACKGROUND The City of DeNon and the University of North Texas curremly have a Mutual Aid Law Enforcement Agreement that authorizes police officers from both Departments to enforce laws anywhere within the city limits. It further defines the conditions and responsibilities of a cooperative working relationship between the two Departments to assist in the investigation of criminal activity, the enforcement of laws and ordinances, the protection of the public health, life and property during riots or other civil disturbances involving violence or threat of violence, and the effective response to natural or man-made disasters. This ordinance authorizes the renewal of the current Agreement and is consistent with the current Agreement. RECOMMENDATION Staff believes the Agreemem is in the best imerest of the citizens of DeNon and recommends approval. It will provide the Police Departmem with assistance from the UNT Police Department in the investigation of criminal activity and enforcemem of State laws and City ordinances It will provide additional resources to the Police Department in the protection of the public health, life and property during riots or civil disturbances involving violence or the threat of violence. 3. It will provide additional resources for the City in the effective response to natural or man-made disasters. PRIOR ACTION/REVIEW The Agreement has been reviewed by the City's Legal Department and authorized representatives of University of North Texas. UNT Police Chief Richard Deter and Chief Wiley have both reviewed and approve of this Agreement. FISCAL IMPACT There is no fiscal impact to the City. Respectfully submitted, Charles Wiley Chief of Police Prepared by: Joanie Housewright Captain Support Operations Division S:\Our D ocmm ent s\Or din an ces\02kPoliceAgr eem entUNTan dDPD.doc ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A MUTUAL AID LAW ENFORCEMENT AGREEMENT BETWEEN THE CITY OF DENTON POLICE DEPARTMENT AND THE UNIVERSITY OF NORTH TEXAS POLICE DEPARTMENT TO ALLOW COOPERATION IN THE iNVESTiGATiON OF CRIMINAL ACTIVITY AND TO PROTECT HEALTH, LIFE, AND PROPERTY AGAINST SUCH THINGS AS RIOT AND NATURAL DISASTER OR MAN-MADE CALAMITY; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: That the Mayor is hereby authorized to execute an Agreement between the City of Denton the University of North Texas for the purpose of allowing cooperation in the investigation of criminal activity and to protect health, life, and property against riot, against unlawful assembly accompanied by the use of force or violence, and during times of natural disaster or man-made calamity, a true and correct copy of which is attached hereto and incorporated by reference herein. SECTION2: That the City Council authorizes the performance of the services as provided pursuant to the provisions of said Agreement. SECTION 3: That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __ day of ,2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULiNE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: MUTUAL AiD LAW ENFORCEMENT AGREEMENT BETWEEN THE UNIVERSITY OF NORTH TEXAS POLICE DEPARTMENT CITY OF DENTON POLICE DEPARTMENT WHEREAS, pursuant to the powers granted under Chapter 51 and Chapter 105 of the Texas Education Code, the City of Denton, Texas, and The University of North Texas desire to form a mutual aid law enforcement agreement to cooperate in the investigation of criminal activity and enforcement of the laws of this state, and the ordinances of the City of Denton, and to provide additional law enforcement officers to protect health, life, and property against riot, against unlawful assembly accompanied by the use of force or violence, and during times of natural disaster or man-made calamity; NOW, THEREFORE, in consideration of the mutual promises each to the other made, the parties do hereby agree as follows: The following terms shall have the following meanings when used in this agreement: A. "Law Enforcement Officer" means any commissioned peace officer; B. "Member" means a party to this agreement; "Chief Law Enforcement Officer" means the Chief of Police of the City of Denton Police Department and the Chief of Police of The University of North Texas Police Department; "Chief Administrative Officer" means the Mayor of the City of Denton and the President of The University of North Texas; E. "Assignee" means a peace officer commissioned by one of the members; "Agreement" means this written Mutual Aid Law Enforcement Agreement between the Members. The Members agree to form and by this agreement do form a mutual aid law enforcement group ("the Group") whose jurisdiction shall be throughout the territorial boundaries of the Members. The purpose of the Group is to cooperate in the investigation of criminal activity and enforcement oft.he laws of this state and the ordinances of the City of Denton and to assist in providing additional law enforcement officers to protect health, life and property against riot, unlawful assembly characterized by the use of force or violence, and during times of natural disaster or man-made calamity. IV, Subject to the Members' discretion as to participation and determination of availability of personnel, a Member may assign its law enforcement personnel to the Group to perform law enforcement duties outside the Member's normal territorial limits provided the Chief Law Enforcement Officer, or his/her designee, has determined the assignment is necessary: A. for investigation of criminal activity and for law enforcement; or to protect the health, life and property of any other Member, its inhabitants, and the visitors thereto, by reason of riot unlawful assembly characterized by the use of force or violence, or threat thereof, or during time of natural disaster or man-made calamity. The Chief Law Enforcement Officer of a Member, or his/her designee, in his/her sole discretion, at any time, may withdraw his/her Assignee and discontinue participation in any activity initiated pursuant to this agreement. Vii While any Assignee is in the service of the Group, he/she shall be a peace officer with all the same powers he/she might have when within the normal territorial limits of the Member where he/she is regularly employed. Additionally, such Assignee shall have the same investigative authority as if he/she were investigating criminal activity within the normal territorial limits of the Member where he/she is regularly employed. In those situations whereby a Member requests assistance with supervison and/or security at planned special events and activities, i.e. university football games, Fry Street Fair, university Homecoming Parade, etc., the Chief Law Enforcement Officer or his/her designee, of a Member is hereby granted the authority to determine and negotiate the amount, if any, of compensation due the Member or its Assignee(s) with the Chief Law Enforcement Officer, or his/her designee, of the Member requesting special events assistance. Vl/I. Each Assignee, while in the service of the Group, shall be under the command of the Chief Law Enforcement Officer of the Member where he/she is regularly employed. IX. The Chief Law Enforcement Officer of each Member may enter into memorandums of understanding, not inconsistent with the Agreement, that he/she deems necessary with the Chief Law Enforcement Officer of other Members to give full force and effect to the Agreement. Such memorandums specifically include the delegation of authority to determine the exercise of primary and secondary jurisdiction and response to calls for service within the geographical boundaries of the Member's concurrent jurisdictions. IX* Any Assignee shall receive the same wage, salary, pension, and any and all other compensation and other rights for service with the Group, including injury or death benefits, and workers compensation benefits, equipment, clothing, and vehicles, as though the service has been rendered within the normal territorial limits of the Member where he/she is regularly employed. Moreover, all wage and disability payments, including workers compensation benefits, pension payments damage to equipment and clothing, medical expenses and expenses for travel, food and lodging shall be paid by the Member which regularly employs said Assignee in the same manner as though the service bad been rendered within the territorial limits of the Member where he/she is regularly employed. In the event that any person performing law enforcement services pursuant to this agreement should be cited as a party to any civil lawsuit, state or federals arising out of the performance of those services, he/she shall be entitled to the same benefits that he/she would be entitled to receive if such civil actions had arisen out of the performance of his/her duties where he/she is regularly employed, and in the territorial limits of the Member by which he/she is regularly employed. XI. Third party claims against Members shall be governed by the Texas Tort Claims Act or other appropriate statutes, ordinances or laws of the State of Texas. XII. It is expressly understood and agreed that, in execution of this agreement, no Member waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. XIlI. The validity of this agreement and of any of its terms or provisions, as well as the rights and duties of the Members hereunder, shall be governed by the laws of the State of Texas. XIV. In the case that any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision contained herein, and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. XV. This instrument contains all the commitments and agreements of the Members, and any oral or written commitments not contained herein shall have no force or effect to alter any term or condition of this agreement. XVI. This agreement shall be executed by the Mayor of the City of Denton and by the President of The University of North Texas. XVII. This agreement shall become effective between the Members on September I, 2002. This agreement shall remain in full force and effect for a period of one year from the effective date hereof and shall automatically be renewed for an additional one year period on each anniversary date. However, at any time, any Member may discontinue participation in this agreement by giving thirty (30) days written notice by certified mail to the Chief Law Enforcement Officer of each Member. This agreement may be amended or modified in writing by mutual agreement of the Members, with said amendment or modification being attached to or incorporated into this agreement. Richard Deter Chief of Police University of North Texas Police Dept. Charles Wiley Chief of Police City of Denton Police Department Date Date Signed this day of ,2002. The City of Denton, Texas Attest: Euline Brock Mayor City of Denton, Texas City Secretary Approved as to form: Signed this day of .,2002 The University of North Texas President Approved as to form: Office o~~ounsel This page left blank intemionally. Agenda 02-031 09/17/02 #12 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: September 17, 2002 Police Jon Fortune, Public Safety and Transportation Operations SUBJECT Consider approval of a resolution of the City of DeNon to form a Regional Law Enforcement Mutual Aid Task Force Agreement with other area law enforcement agencies for the purpose of providing and receiving law enforcemem assistance; and providing for an effective date. BACKGROUND Chapter 791 of the Texas Government Code authorizes local government entities to enter into Interlocal Contracts and Section 362.002 of the Texas Local Government Code specifically authorizes Mutual Aid agreements such as the agreement proposed in this agenda item. This Agreemem is proposed and endorsed by the North Texas Police Chiefs Association. This Agreement will allow the Denton Police Department to participate in the Greater Dallas-Ft. Worth Regional Law Enforcement Mutual Aid Task Force. The purpose of the Task Force is to cooperate in the investigation of criminal activity; enforcement of the laws of this State; and to protect health, life and property from riot, disaster, threat of concealed explosives, unlawful assembly characterized by force, and violence or threatened violence by groups of three or more persons. This Agreement also authorizes police officers to take law enforcement action, including arrests, while working in other jurisdictions. It further assigns jurisdictional responsibility for officer compensation and benefits and any liability that may be incurred as a result of the actions of police officers acting under this Agreement. RECOMMENDATION Staff believes the Agreemem is in the best imerest of the citizens of DeNon and recommends approval. It will provide the Police Departmem with assistance from other law enforcemem agencies in the investigation of criminal activity and the enforcemem of State laws and City ordinances. It will provide additional resources to the Police Department in the protection of the public health, life and property during riots or civil disturbances involving violence or the threat of violence. 3. It will provide additional resources for the City in the effective response to natural or man-made disasters. PRIOR ACTION/REVIEW The Agreement has been reviewed and approved by the City's Legal Department. FISCAL IMPACT There is no fiscal impact the City. Respectfully submitted, Prepared by: Charles Wiley Chief of Police Joanie Housewright Captain Support Operations Division S :\Om' Docmnen*s~Resolufions\02~LawEnforcemen*MutaalAidTaskForceAoc RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON TO FORM A REGIONAL LAW ENFORCEMENT MUTUAL AID TASK FORCE AGREEMENT WITH OTHER AREA LAW ENFORCEMENT AGENCIES FOR THE PURPOSE OF PROVIDING AND RECEIVING LAW ENFORCEMENT ASSIST ANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton desires to contribute to the protection and safety of citizens in this City and in surrounding communities; and WHEREAS, the legislature has authorized the formation ofinterlocal assistance agreements between and among the cities and their law enforcement agencies; and WHEREAS, the City of Denton wishes to participate in an interlocal assistance agreement among local law enforcement agencies in the greater Dallas -Ft. Worth North Texas ar ea for the purpose or providing and receiving law enforcement assistance; and WHEREAS, the City of Denton and other local law enforcement agencies have tentatively approved an Interlocal assistance agreement to be known as the Greater Dallas - Fort Worth Regional Law Enforcement Mutual Aid Task Force Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON: SECTION 1. That the City Manager is hereby authorized to execute the attached "Greater Dallas-Fort Worth Regional Law Enfor cement Mutual Aid Task Force Agreement." SECTION 2. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Denton, and it is accordingly so resolved. PASSED AND APPROV ED on this the day of ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: Page 1 S :\Om' D o c~lent s~R es olutions\02 ~LawEn for cenlentMutaalAidTaslcF or ce.do c APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 GREATER DALLAS-FORT WORTH REGIONAL LAW ENFORCEMENT MUTUAL AID TASK FORCE AGREEMENT 1. Preamble: WHEREAS, the governmental entities which are parties to this agreement desire to form a law enforcement mutual aid task force to cooperate in the investigation of criminal activity; enforcement of the laws of this State; and, to protect health, life and property from riot, disaster, threat of concealed explosives, unlawful assembly characterized by force and violence or threatened violence by groups of three or more persons; and, WHEREAS, Chapter 791, et. seq. of the Texas Government Code authorizes local government entities to enter into Interlocal Contracts and Section 362.002 of the Texas Local Government Code specifically authorizes Mutual Aid Task Force agreements such as this agreement; NOW, THEREFORE, it is mutually agreed by the parties hereto to enter into this Agreement upon the following terms: 2. Definitions: The following terms shall have the following meanings when used in this Agreement: "Law Enforcement Officer" means any commissioned peace officer as defined under the Texas Code of Criminal Procedure. "Member" means any local government Dallas-Fort Worth International Airport Board Airport"), which is a party to this Agreement. entity, including the (hereinafter "DFW "Chief Law Enforcement Officer" means the Chief of Police or the Director of Public Safety of a municipality or DFW Airport, or the Sheriff of a County. "Requesting Member" means a member who requests law enforcement assistance from another member under this Agreement. "Responding member" means a member to whom a request for assistance is directed by a requesting member under this Agreement. DFW Regional Mut. Aid Agreement - Page 1 3. Name: The members hereby form a mutual aid law enforcement task force to be named the Greater Dallas-Forth Worth Regional Law Enforcement Mutual Aid Task Force (hereinafter "Task Force"). 4. Purpose: The purpose of the Task Force is to cooperate in the investigation of criminal activity; enforcement of the laws of this State; and, to protect health, life and property from riot, disaster, threat of concealed explosives, unlawful assembly characterized by force, and violence or threatened violence by groups of three or more persons. 5. Request for Assistance: Any request for assistance under this Agreement shall, when reasonably possible, include a statement of the amount and type of equipment and number of law enforcement personnel requested, and shall specify the location to which the equipment and personnel are to be dispatched. However, the amount and type of equipment and number of personnel actually furnished by a responding member shall be determined by the responding member's chief law enforcement officer or his designee. 6. Response to Request for Assistance: Responding members will assign law enforcement officers to perform law enforcement duties outside the responding member's territorial limits, but within the territorial limits of a requesting member, subject to the responding member's determination of availability of personnel and discretion when: A. Such assignment is requested by the chief law enforcement officer or his designee, of a requesting member, and B. The chief law enforcement officer, or his designee, of the responding member has determined, in his sole discretion, that the assignment is necessary to fulfill the purposes of this agreement in providing police protection and services within the territorial limits of the requesting member. 7. Operational control: All personnel of the responding member shall report to the requesting member's officer in tactical control at the location to which said law enforcement personnel have been dispatched and shall be under the operational command of the requesting member's chief law enforcement officer or his designee. DFW Regional Mut. Aid Agreement - Page 2 8. Release: Law Enforcement Officers of the responding member will be released by the requesting member when their services are no longer necessary. 9. Withdrawal from Response: The chief law enforcement officer, or his designee, of the responding member, in his sole discretion, may at any time withdraw the personnel and equipment of the responding member or discontinue participation in any activity initiated pursuant to this Agreement. 10. Qualifications of Office and Oath: While any law enforcement officer regularly employed by a responding member is in the service of the requesting member under this Agreement, said law enforcement officer shall be deemed to be a peace officer of the requesting member and be under the command of the requesting member's chief law enforcement officer with all powers of a law enforcement officer of the requesting member as if said law enforcement officer were within the territorial limits of the governmental entity where said officer is regularly employed. The qualifications of office of said law enforcement officers where regularly employed shall constitute his or her qualifications for office within the territorial limits of the requesting member and no additional oath, bond or compensation shall be required. 11. Right to Reimbursement: Each party to this agreement, when providing services of personnel as a responding party, expressly waives the right to receive reimbursement for services performed or equipment utilized under this Agreement even though a request for such reimbursement may be made pursuant to Chapter 362 of the Texas Local Government Code. 12. Officer Benefits: Any law enforcement officer or other police personnel assigned to the assistance of another member pursuant to this Agreement shall receive the same wage, salary, pension, and all other compensation in all other rights of employment in providing such service, including injury, death benefits and worker compensation benefits and well as any available insurance, indemnity or litigation defense benefits Said benefits shall be the same as though the law enforcement officer or personnel in question had been rendering service within the territorial limits of the member where he or she is regularly employed. All wage and disability payments, including worker compensation benefits, pension payments, damage to equipment, medical expenses, travel, food and lodging shall be paid by the member which regularly employs the officer providing service pursuant to this Agreement in the same manner as though such service had been rendered within the limits of the member where such person or law enforcement officer is DFW Regional Mut. Aid Agreement - Page 3 regularly employed. Each responding member shall remain responsible for the payment of salary and benefits as well as for legal defense of the responding member's officers or personnel when acting pursuant to this agreement. 13. Liability: In the event that any person performing law enforcement services pursuant to this Agreement shall be named or cited as a party to any civil claim or lawsuit arising from the performance of their services, said person shall be entitled to the same benefits from their regular employer as they would be entitled to receive if such similar action or claim had arisen out of the performance of their duties as a member of the department where they are regularly employed and within the jurisdiction of the member by whom they are regularly employed. The Members hereby agree and covenant that each Member shall remain solely responsible for the legal defense and any legal liability due to the actions of an officer or other personnel regularly employed by said member. Nothing herein shall be construed to expand or enlarge the legal liability of a Member for any alleged acts or omissions of any employee beyond that which might exist in the absence of this Agreement. Nothing herein shall be construed as a waiver of any legal defense of any nature whatsoever to any claim against a Member or against an officer or employee of a Member. 14. Waiver of Claims: Each party of this Agreement to its members respectively waives all claims against each and every other party or member for compensation from any loss, damage, personal injury or death occurring as a consequence of the performance of this Agreement even though such alleged damage may have or is alleged to have occurred as a result of alleged negligent or other tortious conduct of any party to this Agreement. 15. Immunity Not Waived: The parties hereto expressly do not waive any immunity or other defenses to any civil claims with the execution of this agreement. It is understood and agreed that, by executing this Agreement, no party or member hereto waives, nor shall be deemed hereby to waive, any immunity or defense which otherwise is available in claims arising which are signs of or connection with, any activity conducted pursuant to this Agreement. 16. Venue: Each party to this Agreement agrees that if legal action is brought under this Agreement, the venue shall lie in the county in which the defendant member is located, and if located in more than one county, then it shall lie in the county in which the principal offices of said defendant member are located. The Parties hereby stipulate and agree that this Agreement is to be construed and applied under Texas law. DFW Regional Mut. Aid Agreement - Page 4 17. Arrest Authority Outside Primary Jurisdiction: It is expressly agreed and understood that a law enforcement officer employed by a responding party who performs activities pursuant to this Agreement may make arrests outside the jurisdiction in which said officer is regularly employed, but within the area covered by this Agreement; provided, however, that the law enforcement agency of the requesting jurisdiction and/or the jurisdiction in which the arrest is made shall be notified of such arrest without unreasonable delay. The police officers employed by the parties to this Agreement shall have such investigative or other law enforcement authority in the jurisdictional area encompassed by the members, collectively, to this Agreement as is reasonable and proper to accomplish the purposes for which a request for mutual aid assistance is made pursuant to this Agreement. 18. Clauses Severable: The provisions of this Agreement are to be deemed severable such that should any one or more of the provisions or terms contained in this Agreement be, for any reason, held to be invalid, illegal, void, or unenforceable; such holding shall not affect the validity of any other provision or term herein and the agreement shall be construed as if such invalid, unenforceable, illegal or void provision or term did not exist. 19. Termination: Any Party to this Agreement may terminate it's participation or rights and obligations as a Party by providing thirty (30) days written notice via certified mail to the Chief Law Enforcement Officer of every other Party. Should one Party terminate its participation in, or withdraw from, this Agreement, such termination or withdrawal shall have no effect upon the rights and obligations of the remaining Parties under this Agreement. 20. Effective Date: This Agreement becomes effective immediately upon the execution by the Parties hereto and continues to remain in effective until terminated pursuant to Section 19 above. 21. Modification: This Agreement may be amended or modified by the mutual agreement of the parties hereto in writing to be attached to and incorporated into this Agreement. This instrument contains the complete agreement of the parties hereto and any oral modifications, or written amendments not incorporated to the Agreement, shall be of no force or effect to alter any term or condition herein. DFW Regional Mut. Aid Agreement - Page 5 22. Execution of Agreement: This Agreement shall be executed by the duly authorized official of the respective Parties pursuant to approving resolutions of the governing body of the respective units of local government. Copies of said approving resolutions shall be attached hereto and made a part hereof. This agreement may be executed in multiple original copies by the respective Parties. 23. Compliance with Law: The Parties shall observe and comply with all applicable Federal, State and Local laws, rules, ordinances and regulations that affect the provision of services provided herein. 24. Interjurisdictional Pursuit Agreement: The Parties hereto expressly understand and agree that this agreement does not in any way modify or restrict the procedures or guidelines which are followed by any law enforcement agency or Member pursuant to the Inter-Jurisdictional Pursuit Policy Agreement to which some Members or their law enforcement agencies, may be parties. To the extent any provision of, or action taken pursuant to, the Inter-Jurisdictional Pursuit Policy Agreement may be construed to conflict with the terms and conditions of this Agreement, the terms of the Inter-Jurisdictional Pursuit Policy Agreement shall control as to those particular actions. 25. Coordinating Agency. The Parties hereby agree that the City of Highland Park Department of Public Safety shall served as the Coordinating Agency of the Agreement. The Chief Law Enforcement Officer, or his designee, of said Coordinating Agency shall maintain on file executed originals of this Agreement, related resolutions or orders of the Parties and other records pertaining to this Agreement. Said Coordinating Agency shall notify all members of the identity of the current Parties hereto every twelve (12) months. Executed and entered into on this __ day of Member Agency: Authorized official: Printed name: Title: Date of governing body approving resolution: ,2002 by: DFW Regional Mut. Aid Agreement - Page 6 Agenda 02-031 09/17/02 #13 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: September 17, 2002 Police Jon Fortune, Public Safety and Transportation Operations SUBJECT Consider approval of a resolution of the City of Denton authorizing the Denton Police Department's participation in an Inter-jurisdictional Pursuit Policy Agreement with local law enforcement agencies in the greater Dallas-Ft. Worth North Texas area for the purpose of coordinating a law enforcement response to the emergency conditions caused by vehicular pursuits; and providing for an effective date. BACKGROUND This Agreemem is proposed and endorsed by the North Texas Police Chiefs Association. The purpose and intent of this Agreement is to coordinate law enforcement response to the emergency conditions caused by vehicular pursuits that may be initiated by another jurisdiction and emer the city or that may be initiated by DeNon Police officers and travel imo other jurisdictions. This Agreement provides for the Police Department to decline to participate in another agency's pursuit should the reason for the pursuit conflict with the Department's pursuit policy. The Agreemem provides guidelines, including required notification to other jurisdictions of approaching pursuits, limitations on the number of police vehicles that may be involved in a pursuit, prohibited practices, and delineation of responsibilities in cases of arrest or motor vehicle accidents. These guidelines are consistent with the Police Department's current pursuit policy. RECOMMENDATION Staff believes the Agreemem is in the best imerest of the citizens of DeNon and recommends approval. 1. It will provide the Police Department with assistance from other law enforcement agencies during a motor vehicle pursuit. While the inherent danger of a motor vehicle pursuit can never be eliminated, the guidelines in this Agreement serve to reduce such danger to both police officers and citizens. PRIOR ACTION/REVIEW The Agreement has been reviewed and approved by the City's Legal Department. FISCAL IMPACT There is no fiscal impact to the City. Respectfully submitted, Prepared by: Charles Wiley Chief of Police Joanie Housewright Captain Support Operations Division S :\Om- D o cmnen* s~R es olutions\02 ~P olicePm-suitP olicy, doc RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON AUTHORIZING THE DENTON POLICE DEPARTMENT'S PARTICIPATION IN AN INTER-JURISDICTIONAL PURSUIT POLICY AGREEMENT WITH LOCAL LAW ENFORCEMENT AGENCIES IN THE GREATER DALLAS-FT. WORTH NORTH TEXAS AREA FOR THE PURPOSE OF COORDINATING A LAW ENFORCEMENT RESPONSE TO THE EMERGENCY CONDITIONS CAUSED BY VEHICULAR PURSUITS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton desires to contribute to the protection and safety of citizens in this City and in surrounding communities; and WHEREAS, the legislature has authorized the formation ofinterlocal assistance agreements between and among the cities and their law enforcement agencies; and WHEREAS, the City of Denton wishes t o participate in an interlocal assistance agreement among local law enforcement agencies in the greater Dallas -Ft. Worth North Texas area for the purpose or providing and receiving law enforcement assistance; and WHEREAS, the City of Denton and other loca 1 law enforcement agencies have tentatively approved an Interlocal assistance agreement to be known as the Greater Dallas - Fort Worth Regional Law Enforcement Mutual Aid Task Force Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON: SECTION 1. That the City Manager or his designee is hereby authorized to execute the attached "Inter-Jurisdictional Pursuit Policy Agreement." SECTION 2. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Denton, and it is accordingly so resolved. PASSED AND APPROVED on this the day of ,2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: Page 1 S :\Om- D o c~lent s~R es olutions\02 ~P olicePm-suitP olicy, doc APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 Pursuit Agreement, page 1 INTER-JURISDICTIONAL PURSUIT POLICY AGREEMENT I. General Considerations If the reason or nature of a pursuit is in conflict with an agency's pursuit policy, that agency may decline to participate in the pursuit even though that agency's assistance has been requested. Any agency involved in the pursuit may, in its discretion, choose to terminate its involvement in a pursuit at any time. The purpose and intent of this agreement is to coordinate law enforcement response to the emergency conditions caused by vehicular pursuits. This agreement is not to be construed to limit the legal authority of any law enforcement agency or officer. Nor is this agreement to be construed to impose any standard of conduct or care upon any officer or agency beyond that existing under applicable law. This agreement is intended by the participating agencies to be in full force and effect as the general order of each such participating agency. II. Notifications Before entering another jurisdiction, or as soon as practical, the pursuing agency will, if reasonably possible, notify the other jurisdictional agency of the following information: 1. A pursuit has entered or is about to enter their jurisdiction. 2. The location and direction of travel. The primary offense for which the vehicle and occupants are wanted. The vehicle license number and complete description of vehicle and occupants. The number and description of pursuing units as well as their relative location to the vehicle being pursued. 6. Whether or not assistance is needed. As appropriate, the initial agency will notify the jurisdictional agency that the pursuit is: (1) leaving the jurisdiction; (2) has been discontinued; or, (3) has ceased and of the ending location. Pursuit Agreement, page 2 III. Control of the Pursuit The initiating agency will have control of and will be responsible for the pursuit. Other agencies will not participate unless requested to assist. A total of no more than three (3) vehicles from the combined jurisdictions will be involved in any pursuit unless the controlling supervisor from the originating agency requests or approves additional assistance. At least one of the three involved units should, if practical, be a supervisor. One additional unit from the jurisdiction through which the pursuit is proceeding may trail the pursuit by keeping the pursuit in sight from a distance to assist officers if needed. IV. Prohibited Practices The intentional use of roadblocks designed to stop the pursued vehicle unless necessary to protect against the imminent death or serious bodily injury to an officer or another person. Intentional bumping or ramming of the pursued vehicle unless necessary to protect against the imminent death or serious bodily injury to an officer or another person. Intentionally forcing the pursued vehicle off the roadway unless necessary to protect against the imminent death or serious bodily injury to an officer or another person. Pursuing a vehicle the wrong way on a one-way street or the wrong way on a divided roadway. Shooting at the pursued vehicle, unless necessary to protect against the imminent death or serious bodily injury to an officer or another person. Deployment or use of "stop sticks" or "road spikes" unless the officer deploying the device has been appropriately trained in said deployment and the deploying officer is authorized to deploy the device by his employing agency. Pursuit Agreement, page 3 Responsibilities A. Initiating agency 1. Arrest and custody of the persons charged. 2. Arraignment of arrested persons. 3. Disposition of any passenger. 4. Disposition of the arrested person's vehicle. 5. Coordination of all reports related to the arrest, citations and criminal charges. Agency of Primary Jurisdiction Reporting of any traffic collision(s) that occur as a result of a pursuit. As a matter of professional courtesy, a supervisor from the agency where the pursuit ceases will respond to the location to offer immediate assistance at the scene and to determine any pertinent information regarding the pursuit. On behalf of the Agency or Entity reflected below, I agree to follow the terms and conditions of this Agreement. Participating Agency and City Manager or his designee Chief Law Enforcement Officer or his designee Printed name Title Date This page left blank intemionally. Agenda 02-031 09/17/02 #14 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: September 17, 2002 Fiscal and Municipal Services Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider approval of a resolution appointing members to the Board of Directors of the North Texas Higher Education Authority; and declaring an effective date. BACKGROUND The North Texas Higher Education Authority, Inc. (NTHEA) was established as a non-profit corporation for the purpose of furthering educational opportunities of students by providing funds for the acquisition of student loans. The Cities of Arlington and Denton exercise the powers enumerated under Section 53.47 of the Texas Education Code and the directors of the Authority are appointed by the Cities. Under Section 53.47 the Authority may issue revenue bonds or borrow money to provide funds for the purchase of student loans guaranteed under provisions of the Higher Education Act of 1965, as amended. The Authority issued its first revenue bonds for such purpose in 1979. PRIOR AC TION/REVIEW At its August 20, 2002 meeting, the North Texas Higher Education Authority Board took action to nominate individuals to Places 2, and 4 on its board for the term October 1, 2002 through September 30, 2004. The incumbents, Governor Jackson, Place 2, and Mr. Dan Tonn, Place 4 have expressed a willingness to serve another term. Therefore, the names of Mr. Governor Jackson, and Mr. Dan Tonn are respectfully submitted for the City Council's consideration for reappointment. FISCAL INFORMATION There is no fiscal impact to the City. EXHIBITS Letter from NTHEA Resolution Respectfully submitted: Kathy DuBose, Assistant City Manager Fiscal and Municipal Services Higher Education Servicing Corporation 1250 E. Copeland Rd~, Suite 200 Arlington, Texas 76011-4921 (817) 265-9158 August 21, 2002 Honorable Euline Brock Denton City Council City of Denton 215 East McKinney Demon, Texas 76201 Re: No~ Texas Higher Education Authority, Appointment for Places 2 and 4 Dear Mayor Brock: At its August 20, 2002 meeting, the North Texas Higher Education Authority Board took action to nominate individuals to Places 2 and 4 on its board for the term October 1, 2002 through September 30, 2004. The incumbents, Governor Jac~on for Place 2 and Mr. DM Tonn for Place 4, have expressed a willingness to serve another term, Therefore, the names of Mr. Governor Jackson and Mr. Daniel Tonn are respectfully submitted for the City Council's consideration for re-appointment. I will very much appreciate your notifying me of the action taken by the City Council on the nominees. Please extend our continued thanks to the individual Council members for their support of the Authority and its activities. Sincerely, President of the of Directors S:\Our Documcnts\Rosolutions\02\Nor/h Toxas llighcr Education Au/hority.doc RESOLUTION NO. A RESOLUTION APPOINTING MEMBERS NORTH TEXAS HIGHER EDUCATION EFFECTIVE DATE. TO THE BOARD OF DIRECTORS OF THE AUTHORITY; AND DECLARING AN WHEREAS, the term of office for Places 2 and 4 on the Board of Directors of the North Texas Higher Education Authority, Inc. have expired; and WHEREAS, the Board has nominated Mr. Govenor Jackson - Place 2 and Mr. Dan Tonn - Place 4 on the Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. That Mr. Govenor Jackson is hereby reappointed to Place 2 on the Board of Directors of the North Texas Higher Education Authority, Inc. for a term commencing October 1, 2002 and continuing through September 30, 2004. SECTION 2. That Mr. Dan Tonn is hereby reappointed to Place 4 on the Board of Directors of the North Texas Higher Education Authority, Inc. for a term commencing October 1, 2002 and continuing through September 30, 2004. SECTION 3. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: This page left blank intemionally. AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET September 17, 2002 Materials Management Kathy DuBose, Fiscal and Municipal Services~ Agenda 02-031 09/17/02 #15 Questions concerning this acquisition may be directed to Barbara Ross 349-7235 SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a comract for daycare program for low-income families; providing for the expenditure of funds therefore; and providing for an effective date (Bid 2878-Daycare Program for Low-Income Families awarded to DeNon City County Day School in the amoum of $35,000). BID INFORMATION This bid is for a licensed childcare program provider for children of low-to-moderate income working parents, parents enrolled full time in school or a training program, unemployed parents who are seeking employmem, and parems working and enrolled in school part time. Services will be extended to children 18 months to five years, with hours of operation from 6:30 A.M. to 5:30 P.M. The program includes well-balanced meals and a learning developmem curriculum. RECOMMENDATION We recommend this be awarded to the sole bidder, DeNon City County Day School, in the amoum of $35,000. PLACE OF BUSINESS Demon City County Day School Demon, TX ESTIMATED SCHEDULE OF PROJECT This agreemem is for October 1, 2002 through September 30, 2003, unless the comract is sooner terminated under Section VII "Suspension or Termination" of the comract agreemem. FISCAL INFORMATION CDBG funds have been appropriated for the program from accoum 220099.7762 325323 A. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachmem 1: Tabulation Sheet 1-AIS-Bid 2878 Daycare Program BID # 2878 Date: 08/13/2002 DAYCARE PROGRAM FOR LOW INCOME FAMILIES Denton City County ~i~ci~,~ ~,ac~ o~ ~i~.. 1 TOTAL BASE BID $35,000.00 3 5 7 9 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR DAYCARE PROGRAM FOR LOW-INCOME FAMILIES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (BID 2878-DAYCARE PROGRAM FOR LOW-INCOME FAMILIES, AWARDED TO DENTON CITY COUNTY DAY SCHOOL, IN THE AMOUNT OF $35,000). 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 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, equipmem, supplies or services as shown in 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, equipmem, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the following competitive bids for materials, equipment, supplies, or services, described in the "Bid Proposals" on file in the office of City's Purchasing Agem filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO. CONTRACTOR AMOUNT 2878 1 DeNon City County Day School $35,000 SECTION 2. That the acceptance and approval of the above competitive bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. That the City and persons submitting 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 bids, the City Manager or his designated represemative is hereby authorized to execute the written contracts which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documems herein approved and accepted. SECTION 4. That by the acceptance and approval of the above competitive bids, 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 herein. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-BID 2878 DAYCARE PROGRAM 2002-2003 SERVICE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DENTON CITY COUNTY DAY SCHOOL BID # 2878 This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Municipal Corporation, hereinafter referred to as "City", and Denton City County Day School, 1603 Paisley, Denton, TX 76209, hereinafter referred to as "Organization"; WHEREAS, City's Human Services Advisory Committee ("HSAC") has reviewed the proposal for services and has determined that Organization performs an important service for the residents of Denton without regard to race, religion, color, age or national origin, and HSAC recommends the purchase of services; and WHEREAS, City has determined that the proposal for services merits assistance and can provide needed services to citizens of City and has provided funds in its budget for the purpose of paying for contractual services; NOW, THEREFORE, the parties hereto mutually agree as follows: SCOPE OF SERVICES Organization shall in a satisfactory and proper manner perform the following tasks, for which the monies provided by City may be used: To provide low cost day care for children ages 2 years to 5 years of age from low- income families where parent(s) are working full-time, going to school full-time, attending school and working part-time, or are actively seeking employment. B. To provide two nutritional meals, breakfast and lunch, for the children it serves. Provide one English as a Second Language (ESL) classroom to children from households that speak Spanish as their primary language. Organization shall perform those services described in the Work Statement herein attached as Exhibit A. OBLIGATIONS OF ORGANIZATION In consideration of the receipt of funds from City, Organization agrees to the following terms and conditions: Page 1 of 17 Thirty-five thousand dollars ($35,000.00) may be paid to Organization by City, and the only expenditures reimbursed from these funds, shall be those in accordance with the project budget, attached hereto as Exhibit B and incorporated herein by reference, for those expenses listed in the scope of services as provided herein. Organization shall not utilize these funds for any other purpose. It will establish, operate, and maintain an account system for this program that will allow for a tracing of funds and a review of the financial status of the program. C. It will permit authorized officials of City to review its books at any time. It will reduce to writing all of its rules, regulations, and policies and file a copy with City's Community Services Office along with any amendments, additions, or revisions whenever adopted. It will not enter into any contracts that would encumber City funds for a period that would extend beyond the term of this Agreement. It will promptly pay all bills when submitted unless there is a discrepancy in a bill; any errors or discrepancies in bills shall be promptly reported to City's Community Services Division for further direction. It will appoint a representative who will be available to meet with City officials when requested. It will indemnify and hold harmless City from any and all claims and suits arising out of the activities of Organization, its employees, and/or contractors. I. It will submit to City copies of year-end audited financial statements. TIME OF PERFORMANCE The services funded by City shall be undertaken and completed by Organization within the following time frame: October 1, 2002 through September 30, 2003, unless the contract is sooner terminated under Section 7 "Suspension or Termination". COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS Organization shall comply with all applicable federal laws, laws of the State of Texas and ordinances of the City of Denton. Page 2 of 17 REPRESENTATIONS Organization assures and guarantees that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Agreement. The person or persons signing and executing this Agreement on bchalf of Organization, do hereby warrant and guarantee that he, she, or they have been fully authorized by Organization to execute this Agreement on behalf of Organization and to validly and legally bind Organization to all terms, performances and provisions herein set forth. City shall have the right, at its option, to either temporarily suspend or permanently terminate this Agreement if there is a dispute as to the legal authority of either Organization or the person signing the Agreement to enter into this Agreement. Organization is liable to City for any money it has received from City for performance of the provisions of this Agreement if City has suspended or terminated this Agreement for the reasons enumerated in this Section. Organization agrees that the funds and resources provided Organization under the terms of this Agreement will in no way be substituted for funds and resources from other sources, nor in any way serve to reduce the resources, services, or other benefits which would have been available to, or provided through, Organization had this Agreement not been executed. e COVENANTS During the period of time that payment may be made hereunder and so long as any payments remain unliquidated, Organization shall not, without the prior written consent of the Community Development Administrator or her authorized representative: Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the assets of Organization now owned or hereafter acquired by it, or permit any pre- existing mortgages, liens, or other encumbrances to remain on, or attached to, any assets of Organization which are allocated to the performance of this Agreement and with respect to which City has ownership hereunder. (2) Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes or claims for money due or to become due. (3) Sell, convey, or lease all or substantial part of its assets. (4) Make any advance or loan to, or incur any liability for any other firm, person, entity or corporation as guarantor, surety, or accommodation endorser. Page 3 of 17 (5) Sell, donate, loan or transfer any equipment or item of personal property purchased with funds paid to Organization by City, unless City authorizes such transfer. Organization agrees, upon written request by City, to require its employees to attend training sessions sponsored by the Community Development Division. o PAYMENTS PAYMENTS TO ORGANIZATION. City shall pay to Organization a maximum amount of money not to exceed Thirty-five Thousand Dollars ($35,000.00) for services rendered under this Agreement. City will pay these funds on a reimbursement basis to Organization within 20 days after City has received supporting documentation. Organization's failure to request reimbursement on a timely basis, may jeopardize present or future funding. EXCESS PAYMENT. Organization shall refund to City within ten working days of City's request, any sum of money which has been paid by City and which City at any time thereafter determines: (1) has resulted in overpayment to Organization; or (2) has not been spent strictly in accordance with the terms of this Agreement; or (3) is not supported by adequate documentation to fully justify the expenditure. Organization's reimbursement request for any one month period will not exceed one-fifth (1/5) of any budgeted line items for costs as specified in Exhibit B. DEOBLIGAT1ON OF FUNDS/REVERSION OF ASSETS. In the event that actual expenditures deviate from Organization's provision of a corresponding level of performance, as specified in Exhibit A, City hereby reserves the right to reappropriate or recapture any such under expended funds. If City finds that Organization is unwilling and/or unable to comply with any of the terms of this Contract, City may require a refund of any and all money expended pursuant to this Contract by Organization, as well as any remaining unexpended funds which shall be refunded to City within ten working days of a written notice to Organization to revert these financial assets. The reversion of these financial assets shall be in addition to any other remedy available to City either at law or in equity for breach of this Contract. CONTRACT CLOSE OUT. Organization shall submit the contract close out package to City, together with a final expenditure report, for the time period covered by the last invoice requesting reimbursement of funds under this Agreement, within 15 working days Page 4 of 17 following the close of the contract period. Organization shall utilize the form agreed upon by City and Organization. o MAINTENANCE OF RECORDS Organization agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under this Agreement, in compliance with the provisions of Exhibit B, attached hereto, and with any other applicable Federal and State regulations establishing standards for financial management. Organization's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. Nothing in this Section shall be construed to relieve Organization of fiscal accountability and liability under any other provision of this Agreement or any applicable law. Organization shall include the substance of this provision in all subcontracts. Organization agrees to retain all books, records, documents, reports, and written accounting procedures pertaining to the operation of programs and expenditures of funds under this Agreement for five years. Nothing in the above subsections shall be construed to relieve Organization of responsibility for retaining accurate and current records, which clearly reflect the level and benefit of services, provided under this Agreement. At any reasonable time and as often as City may deem necessary, the Organization shall make available to City, HUD, or any of their authorized representatives, all of its records and shall permit City, HUD, or any of their authorized representatives to audit, examine, make excerpts and copies of such records, and to conduct audits of all contracts, invoices, materials, payrolls, records of personnel, conditions or employment and all other data requested by said representatives. Se REPORTS AND INFORMATION At such times and in such form as City may require, organization shall furnish such statements, records, data and information as City may request and deem pertinent to matters covered by this Agreement. Organization shall submit quarterly beneficiary and financial reports to City no less than once each three months. The beneficiary report shall detail client information, including race, income, female head of household and other statistics required by City. The financial report shall include information and data relative to all programmatic and financial reporting as of the beginning date specified in Section 1 of this Agreement. Page 5 of 17 Unless the City has granted a written exemption, Organization shall submit an audit conducted by independent examiners with ten days after receipt of such. 10. EVALUATION Organization agrees to participate in an implementation and maintenance system whereby the services can be continuously monitored. Organization agrees to make available its financial records for review by City at City's discretion. In addition, Organization agrees to provide City the following data and reports, or copies thereof: Ao All external or internal audits. Organization shall submit a copy of the annual independent audit to City within ten days of receipt. B. All external or internal evaluation reports. C° Quarterly performance/beneficiary reports to be submitted in January, April, July and September, to include such information as requested by the City's Community Services Division including but not limited to: number of persons or households assisted, race, gender, disability status and household income. Beneficiary reports shall be due to City within 15 working days after the completion of each quarter. D° Organization agrees to submit quarterly financial statements in January, April, July, and September. Each statement shall include current and year-to-date period accounting of all revenues, expenditures, outstanding obligations and beginning and ending balances. Financial reports shall be due to City within 15 working days after the completion of each quarter. E. An explanation of any major changes in program services. Fo To comply with this section, Organization agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of funds received and the services performed under this Agreement. Organization's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. Organization agrees to retain all books, records, documents, reports, and written accounting procedures pertaining to the services provided and expenditure of funds under this Agreement for the period of time and under the conditions specified by the City. Go Nothing in the above subsections shall be construed to relieve Organization of responsibility for retaining accurate and current records, which clearly reflect the level and benefit of services, provided under this Agreement. Page 6 of 17 11. DIRECTORS' MEETINGS During the term of this Agreement, Organization shall deliver to City copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to City in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. Organization understands and agrees that City's representatives shall be afforded access to all meetings of its Board of Directors. Minutes of all meetings of Organization's governing body shall be available to City within teen days after Board approval. 12. SUSPENSION OR TERMINATION The City may terminate this Agreement with cause if the Organization violates any covcnants, agrccmcnts, or guarantccs of this Agrccmcnt, the Organization's insolvency or filing of bankruptcy, dissolution, or receivership, or the Organization's violation of any law or regulation to which it is bound under the terms of this Agreement. Bo The City may terminate this Agreement for convenience at any time. If the City terminates this Agreement for convenience, Organization will be paid an amount not to exceed the total amount of accrued expenditures as of the effective date of termination. In no event xvill this compensation exceed an amount, which bears the same ratio to the total compensation as the services actually performed bears to the total services of Organization covered by the Agreement, less payments previously made. In case of suspension, City shall advise Organization, in writing, as to conditions precedent to the resumption of funding and specify a reasonable date for compliance. In case of termination, Organization will remit to City any unexpended City funds. Acceptance of these funds shall not constitute a waiver of any claim City may otherwise have arising out of this Agreement. 13. PERSONNEL POLICIES Personnel policies shall be established by Organization and shall be available for examination. Such personnel policies shall: mo Be no more liberal than City's personnel policies, procedures, and practices, including policies with respect to employment, salary and wage rates, working hours and holidays, fringe benefits, vacation and sick leave privileges, and travel; and B. Be in writing and shall be approved by the governing body of Organization and by City. Page 7 of 17 Co Do mo Co Do mo 14. EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS Organization will submit for City approval, a written plan for compliance with the Equal Employment and Affirmative Action Federal provisions, within 120 days of the effective date of this Agreement. Organization shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. Organization will furnish all information and reports requested by City, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, State and Federal rules and regulations. In the event of Organization's non-compliance xvith the non-discrimination requirements, the Agreement may be canceled, terminated, or suspended in whole or in part, and Organization may be barred from further contracts with City. 15. WARRANTIES Organization represents and warrants that: All information, reports and data heretofore or hereafter requested by City and furnished to City, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to City. Any supporting financial statements heretofore requested by City and furnished to City, are complete, accurate and fairly reflect the financial conditions of Organization on the date shown on said report, and the results of the operation for the period covered by the report, and that since said date, there has been no material change, adverse or otherwise, in the financial condition of Organization. No litigation or legal proceedings are presently pending or threatened against Organization. None of the provisions herein contravene or are in conflict with the authority under which Organization is doing business or with the provisions of any existing indenture or agreement of Organization. Organization has the power to enter into this Agreement and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Agreement. Page 8 of 17 Fo Co Do mo Go None of the assets of Organization are subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements furnished by Organization to City. Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for payment. 16. CHANGES AND AMENDMENTS Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of this Agreement expressly provide that another method shall be used. Organization may not make transfers between or among approved line items within budget categories set forth in Exhibit B without prior written approval of the Community Development Administrator for the City. Organization shall request, in writing, the budget revision in a form prescribed by City, and such request for revision shall not increase the total monetary obligation of City under this Agreement. In addition, budget revisions cannot significantly change the nature, intent, or scope of the program funded under this Agreement. Organization will submit revised budget and program information, whenever the level of funding for Organization or the program(s) described herein is altered according to the total levels contained in any portion of Exhibit B. it is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such modifications are to be automatically incorporated into this Agreement without written amendment hereto, and shall become a part of the Agreement on the effective date specified by the law or regulation. City may, from time to time during the term of the Agreement, request changes in Exhibit A which may include an increase or decrease in the amount of Organization's compensation. Such changes shall be incorporated in a written amendment hereto, as provided in Subsection A of this Section. Any alterations, deletions, or additions to the Contract Budget Detail incorporated in Exhibit B shall require the prior written approval of City. Organization agrees to notify City of any proposed change in physical location for work performed under this Agreement at least 30 calendar days in advance of the change. Page 9 of 17 Organization shall notify City of any changes in personnel or governing board composition. It is expressly understood that neither the performance of Exhibit A for any program contracted hereunder nor the transfer of funds between or among said programs will be permitted. 17. NOTIFICATION OF ACTION BROUGHT In the event that any claim, demand, suit or other action is made or brought by any person(s), firm corporation or other entity against Organization, Organization shall give written notice thereof to City within two working days after being notified of such claim, demand, suit or other action. Such notice shall state the date and hour of notification of any such claim, demand, suit or other action; the names and addresses of the person(s), firm, corporation or other entity making such claim, or that instituted or threatened to institute any type of action or proceeding; thc basis of such claim, action or proceeding; and the name of any person(s) against whom such claim is being made or threatened. Such written notice shall be delivered either personally or by mail. 18. INDEMNIFICATION Ao It is expressly understood and agreed by both parties hereto that City is contracting with Organization as an independent contractor and that as such, Organization shall save and hold City, its officers, agents and employees harmless from all liability of any nature or kind, including costs and expenses for, or on account of, any claims, audit exceptions, demands, suits or damages of any character whatsoever resulting in whole or in part from the performance or omission of any employee, agent or representative of Organization. Be Organization agrees to provide the defense for, and to indemnify and hold harmless City its agents, employees, or contractors from any and all claims, suits, causes of action, demands, damages, losses, attorney fees, expenses, and liability arising out of the use of these contracted funds and program administration and implementation except to the extent caused by the willful act or omission of City, its agents or employees. mo 19. INSURANCE Organization shall observe sound business practices with respect to providing such bonding and insurance as would provide adequate coverage for services offered under this Agreement. Page 10 of 17 Do E° mo The premises on and in which the activities described in Exhibit A are conducted, the employees conducting these activities, shall be covered by premise liability insurance, commonly referred to as "Owner/Tenant" coverage with City named as an additional insured. Upon request of Organization, City may, at its sole discretion, approve alternate insurance coverage arrangements. Organization will comply with applicable workers' compensation statutes and will obtain employers' liability coverage where available and other appropriate liability coverage for program participants, if applicable. Organization will maintain adequate and continuous liability insurance on all vehicles owned, leased, or operated by Organization. All employees of Organization who are required to drive a vehicle in the normal scope and course of their employment must possess a valid Texas Driver's license and automobile liability insurance. Evidence of the employee's current possession of a valid license and insurance must be maintained on a current basis in Organization's files. Actual losses are not covered by insurance as required by this Section are not allowable costs under this Agreement, and remain the sole responsibility of Organization. The policy or policies of insurance shall contain a clause which requires that City and Organization be notified in writing of any cancellation or change in the policy at least thirty (30) days prior to such change or cancellation. 20. CONFLICT OF INTEREST Organization covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be perforated under this Agreement. Organization further covenants that in the performance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body. Organization further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use his/her position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself/herself, or others; particularly those with which he/she has family, business, or other ties. No officer, member, or employee of City and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall participate in any decision relating to the Agreement which affects his or her personal interest or the interest in any corporation, partnership, or association in which he or she has a direct or indirect interest. Page 11 of 17 21. NEPOTISM Organization shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by Organization, or is a member of Organization's governing board. The term "member of immediate family" includes: wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, stepparent, stepchild, half-brother and half-sister. 22. NOTICE Any notice or other written instrument required or permitted to be delivered under the terms of this Agreement shall be deemed to have been delivered, whether actually received or not, when deposited in the United States mail, postage prepaid, registered or certified, return receipt requested, addressed to Organization or City, as the case may be, at the following addresses: CITY City of Denton, Texas Attn: City Manager 215 E. McKinney Denton, TX 76201 ORGANIZATION Denton City-County Day School ATTN: Carolyn Berry, Exec. Director 1603 Paisley Drive Denton, TX 76209 Either party may change its mailing address by sending notice of change of address to the other at the above address by certified mail, return receipt requested. mo 23. MISCELLANEOUS Organization shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any claim arising thereunder to any party or parties, bank, trust company or other financial institution without the prior written approval of City. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform to the original intent of both parties hereto. In no event shall any payment to Organization hereunder, or any other act or failure of City to insist in any one or more instances upon the terms and conditions of this Agreement constitute or be construed in any way to be a waiver by City of any breach of covenant or default which may then or subsequently be committed by Organization. Page 12 of 17 D0 Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to City to enforce its rights hereunder, which .rights, powers, privileges, or remedies are always specifically preserved. No representative or agent of City may waive the effect o£this provision. This Agreement, together with referenced exhibits and a~rttments, constitutes the e~tire agreement between the parties hereto, and any prior agreement, assertion, staten~ent, understanding, or other commitment occurring during the term of this Agreement, or subsequent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Agreement. In the event any disagreement or dispute should arise between the parties hereto pertaining to the interpretation or meaning of any part of this Agreement or its governing rules, codes, laws, ordinances, or regulations, City as the party ultimately responsible to HUD for matters of compliance, will have the final authority to render or to secure an interpretation. This Agreement shall be interpreted in accordance with the laws of the State of TexasI and venue of any litigation concerning this Agreement shall be in a court of comp6tent juris,diction sitting in Denton County, Texas. IN WITNESS WHEREOF, the parties do hereby affix their signhtures and enter into this Agreement as of the day of ,2002. CITY OF DENTON, TEXAS ATTEST: JENNIFER WALTERS CITY SECRETARY BY: MICHAEL A. CONDUFF CITY MANAGER BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 13 of 17 ATTEST: B6AKD SECRETARY DENTON CITY-COUNTY DAY SCHOOL Pago 14 Of 17 City of Denton - Community Development Division Qualifying Income Limits for Federally Assisted Programs FY 2002/2003 Maximum Income Levels Family Size 1 2 3 4 5 6 7 8 Moderate Income 80% AMI - <65% AMI Low Income 65% AMI - <50% AMI Very-Low Income 50% AMI - <30% AMI Extremely-Low Income <30% AMI $37,250 - $30,251 $42,550 - $34,601 $47,900 - $38,901 $53,200- $43,251 $57,450- $46,701 $61,700- $50,151 $65,950- $53,601 $70,200- $57,051 Source: $30,250- $23,301 $34,600- $26,601 $38,900- $29,951 $43,250- $33,251 $46,700 - $35,901 $50,150-$38,551 $53,600- $41,251 $57,050 - $43,901 $23,300- $13,951 $26,600- $15,951 $29,950- $17,951 $33,250- $19,951 $35,900- $21,551 $38,550- $23,151 $41,250- $24,751 $43,900- $26,351 $13,950 or Below $15,950 or Below $17,950 or Below $19,950 or Below $21,550 or Below $23,150 or Below $24,750 or Below $26,350 or Below U.S. Department of Housing and Urban Development Effective: October 2002 Page 15 of 17 DENTON CITY COUNTY DAY SCHOOL EXHIBIT "A" WORK STATEMENT · Provide childcarc on a sliding scale to low and moderate-income residents of Denton based on income and family size. Children two years through five years of age will be eligible for the program. Parents must be working and/or attending school full-time, or a combination of going to school and working full-time to be eligible to enroll their child. Parents will be required to volunteer at the childcare. Provide a safe, healthy environment that will meet the development needs of the child. Activities will be designed for each age group to meet the individual and group needs. The curriculum will include education emphasizing effective earning skills, creative arts, motor skills, physical development, speech development, music, personal hygiene and manners. Provide breakfast, lunch, and an afternoon snack for each child. All meals will meet the USDA and Texas Department of Human Services Special Nutrition food requirements for children in childcare. · Must be licensed by the Texas Department of Protective and Regulatory Services. · Must meet or exceed the Texas Department of Human Services minimum standards for Day Care Centers. · Must be a North Central Texas Child Care Services designated vendor. Provide operation hours from 6:30 a.m. to 5:30 p.m. Monday through Friday. · Provide one English as a Second Language (ESL) classroom to children from households that speak Spanish as their primary language. OUTCOME MEASURES Organization will conduct pre and post assessments to determine kindergarten readiness on each child entering the 4-5 year old classroom. Pre assessments will take place in September or when the child begins the school. Post assessments will take place in the spring. 75% of children will be able to master 90% of the pre- kindergarten goals on the post assessment test. Page 16 of 17 EXHIBIT "B" BUDGET DENTON CITY COUNTY DAY SCHOOL City of Denton Funding $35,000.00 City of Denton funding will be used to pay teachers' salaries. City of Denton funding will only be used to pay for the salary of direct care staff. Page 17 of 17 This page left blank intemionally. AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET September 17, 2002 Materials Management Kathy DuBose, Fiscal and Municipal Services~ Agenda 02-031 09/17/02 #16 Questions concerning this acquisition may be directed to Barbara Ross 349-7235 SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a contract for Congregate and Home Delivered Meal Program for Senior Citizens; providing for the expenditure of funds therefore; and providing for an effective date (Bid 2880-Congregate and Home Delivered Meal Program for Senior Citizens awarded to SPAN, Inc. in the amount of $29,000). BID INFORMATION This bid is for providing congregate and home delivery of meals for senior citizens. This program provides a hot noon meal at the MLK Recreation Center and the Denton Senior Center; and home delivered meals for residents at Heritage Oaks. The program targets at-risk, low-income, frail, and minority elderly. RECOMMENDATION We recommend this be awarded to the sole bidder, SPAN Inc., in the amount of $29,000. PLACE OF BUSINESS SPAN, Inc. Denton, TX ESTIMATED SCHEDULE OF PROJECT This agreement shall commence upon approval and terminate on September 30, 2003, unless the contract is sooner terminated under Section VII "Suspension or Termination" of the contract agreement. FISCAL INFORMATION CDBG funds have been appropriated for this program from account 220099.7762 223589A. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet 1-AIS-Bid 2880 Congregate and Home Delivered Meals B]'D # 2880 Attachment 1 Date: 08/13/2002 CON(~RE(~ATE & HOHE DELIVERED HEALS PROGRAH I TOTAL BASE BID $29,000.00 3 7 9 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR CONGREGATE & HOME DELIVERED MEAL PROGRAM FOR SENIOR CITIZENS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (BID 2880-CONGREGATE AND HOME DELIVERED MEAL PROGRAM FOR SENIOR CiTiZENS AWARDED TO SPAN, iNC., iN THE AMOUNT OF $29,000). 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 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 in 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 1. That the following competitive bids for materials, equipment, supplies, or services, described in the "Bid Proposals" on file in the office of City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO. CONTRACTOR AMOUNT 2880 1 SPAN, inc. $29,000 SECTION 2. That the acceptance and approval of the above competitive bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. That the City and persons submitting 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 bids, the City Manager or his designated representative is hereby authorized to execute the written contracts which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION 4. That by the acceptance and approval of the above competitive bids, 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 herein. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-0RD-BID 2880 CONGREGATE AND HOME DELIVERED MEALS CONTRACT ORDINANCE 2002-2003 SERVICE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND SPAN, INC. BID # 2880 This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Municipal Corporation, hereinafter referred to as "City", and SPAN, Inc., 1800 Malone, Denton, TX 76201, a non-profit corporation, hereinafter referred to as "Organization"; WHEREAS, City's Human Services Advisory Committee ("HSAC") has reviewed the proposal for services and has determined that Organization performs an important service for the residents of Denton without regard to race, religion, color, age or national origin, and HSAC recommends the purchase of services; and WHEREAS, City has determined that the proposal for services merits assistance and can provide needed services to citizens of City and has provided funds in its budget for the purpose of paying for contractual services; NOW, THEREFORE, the parties hereto mutually agree as follows: SCOPE OF SERVICES Organization shall in a satisfactory and proper manner perform the following tasks, for which the monies provided by City may be used: To provide congregate meals to elderly citizens at the Denton Senior Center and at the American Legion Hall. B. To provide home delivered meal to seniors living in the City of Denton. Target persons who are 60 years of age and older, persons at-risk, low income, frail and minority elderly for home delivered meal assistance. Organization shall perform those services described in the Work Statement herein attached as Exhibit A. OBLIGATIONS OF ORGANIZATION In consideration of the receipt of funds from City, Organization agrees to the following terms and conditions: Twenty-nine Thousand Dollars ($29,000.00) may be paid to Organization by City, and the only expenditures reimbursed from these funds, shall be those in accordance with the Page 1 of 17 project budget, attached hereto as Exhibit B and incorporated herein by reference, for those expenses listed in the scope of services as provided herein. Organization shall not utilize these funds for any other purpose. It will establish, operate, and maintain an account system for this program that will allow for a tracing of funds and a review of the financial status of the program. C. It will permit authorized officials of City to review its books at any time. Do It will reduce to writing all of its rules, regulations, and policies and file a copy with City's Community Development Division along with any amendments, additions, or revisions whenever adopted. Eo It will not enter into any contracts that would encumber City funds for a period that would extend beyond the term of this Agreement. Fo It will promptly pay all bills when submitted unless there is a discrepancy in a bill; any errors or discrepancies in bills shall be promptly reported to City's Community Services Division for further direction. It will appoint a representative who will be available to meet with City officials when requested. It will indemnify and hold harmless City from any and all claims and suits arising out of the activities of Organization, its employees, and/or contractors. I. It will submit to City copies of year-end audited financial statements. o TIME OF PERFORMANCE The services funded by City shall be undertaken and completed by Organization within the following time frame: October 1, 2002 through September 30, 2003, unless the contract is sooner terminated under Section 7 "Suspension or Termination". COMPLIANCE WITH FEDERAL, STATE and LOCAL LAWS A° Organization shall comply with all applicable federal laws, laws of the State of Texas and ordinances of the City of Denton. Page 2 of 17 Do REPRESENTATIONS Organization assures and guarantees that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Agreement. The person or persons signing and executing this Agreement on behalf of Organization, do hereby warrant and guarantee that he, she, or they have been fully authorized by Organization to execute this Agreement on behalf of Organization and to validly and legally bind Organization to all terms, performances and provisions herein set forth. City shall have the right, at its option, to either temporarily suspend or permanently terminate this Agreement if there is a dispute as to the legal authority of either Organization or the person signing the Agreement to enter into this Agreement. Organization is liable to City for any money it has received from City for performance of the provisions of this Agreement if City has suspended or terminated this Agreement for the reasons enumerated in this Section. Organization agrees that the funds and resources provided Organization under the terms of this Agreement will in no way be substituted for funds and resources from other sources, nor in any way serve to reduce the resources, services, or other benefits which would have been available to, or provided through, Organization had this Agreement not been executed. COVENANTS During the period of time that payment may be made hereunder and so long as any payments remain unliquidated, Organization shall not, without the prior written consent of the Community Development Administrator or her authorized representative: Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the assets of Organization now owned or hereafter acquired by it, or permit any pre- existing mortgages, liens, or other encumbrances to remain on, or attached to, any assets of Organization which are allocated to the performance of this Agreement and with respect to which City has ownership hereunder. (2) Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes or claims for money due or to become due. (3) Sell, convey, or lease all or substantial part of its assets. (4) Make any advance or loan to, or incur any liability for any other firm, person, entity or corporation as guarantor, surety, or accommodation endorser. Page 3 of 17 mo D° (5) Sell, donate, loan or transfer any equipment or item of personal property purchased with funds paid to Organization by City, unless City authorizes such transfer. Organization cannot use funds received under this Agreement to acquire or improve real property. Organization agrees, upon written request by City, to require its employees to attend training sessions sponsored by the Community Development Office. PAYMENTS PAYMENTS TO ORGANIZATION. City shall pay to Organization a maximum amount of money not to exceed Twenty-nine Thousand Dollars ($29,000.00) for services rendered under this Agreement. City will pay these funds on a reimbursement basis to Organization within twenty days after City has received supporting documentation. Organization's failure to request reimbursement on a timely basis, may jeopardize present or future funding. EXCESS PAYMENT. Organization shall refund to City within ten working days of City's request, any sum of money which has been paid by City and which City at any time thereafter determines: (1) has resulted in overpayment to Organization; or (2) has not been spent strictly in accordance with the terms of this Agreement; or (3) is not supported by adequate documentation to fully justify the expenditure. Organization's reimbursement request for any one month period will not exceed one-fifth (1/5) of any budgeted line items for costs as specified in Exhibit B. DEOBLIGATION OF FUNDS/REVERSION OF ASSETS. In the event that actual expenditures deviate from Organization's provision of a corresponding level of performance, as specified in Exhibit A, City hereby reserves the right to reappropriate or recapture any such under expended funds. If City finds that Organization is unwilling and/or unable to comply with any of the terms of this Contract, City may require a refund of any and all money expended pursuant to this Contract by Organization, as well as any remaining unexpended funds which shall be refunded to City within ten working days of a written notice to Organization to revert these financial assets. The reversion of these financial assets shall be in addition to any other remedy available to City either at law or in equity for breach of this Contract. Page 4 of 17 CONTRACT CLOSE OUT. Organization shall submit the contract close out package to City, together with a final expenditure report, for the time period covered by the last invoice requesting reimbursement of funds under this Agreement, within 15 working days following the close of the contract period. Organization shall utilize the form agreed upon by City and Organization. MAINTENANCE OF RECORDS Organization agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under this Agreement, in compliance with the provisions of Exhibit B, attached hereto, and with any other applicable Federal and State regulations establishing standards for financial management. Organization's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. Nothing in this Section shall be construed to relieve Organization of fiscal accountability and liability under any other provision of this Agreement or may applicable law. Organization shall include the substance of this provision in all subcontracts. Organization agrees to retain all books, records, documents, reports, and written accounting procedures pertaining to the operation of programs and expenditures of funds under this Agreement for five years and under the conditions specified by City. Nothing in the above subsections shall be construed to relieve Organization of responsibility for retaining accurate and current records that clearly reflect the level and benefit of services provided under this Agreement. Do At any reasonable time and as often as City may deem necessary, the Organization shall make available to City, HUD, or any of their authorized representatives, all of its records and shall permit City, HUD, or any of their authorized representatives to audit, examine, make excerpts and copies of such records, and to conduct audits of all contracts, invoices, materials, payrolls, records of personnel, conditions or employment and all other data requested by said representatives. REPORTS AND INFORMATION At such times and in such form as City may require, Organization shall furnish such statements, records, data and information as City may request and deem pertinent to matters covered by this Agreement. Organization shall submit quarterly beneficiary and financial reports to City no less than once each three months. The beneficiary report shall detail client information, including race, income, female head of household and other statistics required by City. The financial report shall Page 5 of 17 include information and data relative to all programmatic and financial reporting as of the beginning date specified in Section 1 of this Agreement. Unless the City has granted a written exemption, Organization shall submit an audit conducted by independent examiners with ten days after receipt of such. 10. EVALUATION Organization agrees to participate in an implementation and maintenance system whereby the services can be continuously monitored. Organization agrees to make available its financial records for review by City at City's discretion. In addition, Organization agrees to provide City the following data and reports, or copies thereof: All external or internal audits. Organization shall submit a copy of the annual independent audit to City within ten days of receipt. B. All external or internal evaluation reports. Co Quarterly performance/beneficiary reports to be submitted in January, April, July and September, to include such information as requested by the City's Community Development Division including but not limited to: number of persons or households assisted, race, gender, disability status and household income. Beneficiary reports shall be due to City within 15 working days after the completion of each quarter. Do Organization agrees to submit quarterly financial statements in January, April, July, and September. Each statement shall include current and year-to-date period accounting of all revenues, expenditures, outstanding obligations and beginning and ending balances. Financial reports shall be due to City within 15 working days after the completion of each quarter. E. An explanation of any major changes in program services. To comply with this section, Organization agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of funds received and the services performed under this Agreement. Organization's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. Organization agrees to retain all books, records, documents, reports, and written accounting procedures pertaining to the services provided and expenditure of funds under this Agreement for the period of time and under the conditions specified by the City. Go Nothing in the above subsections shall be construed to relieve Organization of responsibility for retaining accurate and current records that clearly reflect the level and benefit of services provided under this Agreement. Page 6 of 17 11. DIRECTORS' MEETINGS During the term of this Agreement, Organization shall deliver to City copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to City in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. Organization understands and agrees that City's representatives shall be afforded access to all meetings of its Board of Directors. Minutes of all meetings of Organization's governing body shall be available to City within ten days after Board approval. 12. SUSPENSION OR TERMINATION The City may terminate this Agreement with cause if the Organization violates any covenants, agreements, or guarantees of this Agreement, the Organization's insolvency or filing of bankruptcy, dissolution, or receivership, or the Organization's violation of any law or regulation to which it is bound under the terms of this Agreement. The City may terminate this Agreement for convenience at any time. If the City terminates this Agreement for convenience, Organization will be paid an amount not to exceed the total amount of accrued expenditures as of the effective date of termination. In no event will this compensation exceed an amount, which bears the same ratio to the total compensation as the services actually performed bears to the total services of Organization covered by the Agreement, less payments previously made. In case of suspension, City shall advise Organization, in writing, as to conditions precedent to the resumption of funding and specify a reasonable date for compliance. In case of termination, Organization will remit to City any unexpended City funds. Acceptance of these funds shall not constitute a waiver of any claim City may otherwise have arising out of this Agreement. 13. PERSONNEL POLICIES Personnel policies shall be established by Organization and shall be available for examination. Such personnel policies shall: mo Be no more liberal than City's personnel policies, procedures, and practices, including policies with respect to employment, salary and wage rates, working hours and holidays, fringe benefits, vacation and sick leave privileges, and travel; and B. Be in writing and shall be approved by the governing body of Organization and by City. Page 7 of 17 14. EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS Organization will submit for City approval, a written plan for compliance with the Equal Employment and Affirmative Action Federal provisions, within 120 days of the effective date of this Agreement. Organization shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. Co Organization will furnish all information and reports requested by City, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, State and Federal rules and regulations. D° In the event of Organization's non-compliance with the non-discrimination requirements, the Agreement may be canceled, terminated, or suspended in whole or in part, and Organization may be barred from further contracts with City. 15. WARRANTIES Organization represents and warrants that: mo All information, reports and data heretofore or hereafter requested by City and furnished to City, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to City. Bo Any supporting financial statements heretofore requested by City and furnished to City, are complete, accurate and fairly reflect the financial conditions of Organization on the date shown on said report, and the results of the operation for the period covered by the report, and that since said date, there has been no material change, adverse or otherwise, in the financial condition of Organization. C. No litigation or legal proceedings are presently pending or threatened against Organization. Do None of the provisions herein contravene or are in conflict with the authority under which Organization is doing business or with the provisions of any existing indenture or agreement of Organization. Organization has the power to enter into this Agreement and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Agreement. Page 8 of 17 Fo None of the assets of Organization are subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements furnished by Organization to City. Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for payment. 16. CHANGES AND AMENDMENTS Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of this Agreement expressly provide that another method shall be used. Organization may not make transfers between or among approved line items within budget categories set forth in Exhibit B without prior written approval of the Community Development Administrator for the City. Organization shall request, in writing, the budget revision in a form prescribed by City, and such request for revision shall not increase the total monetary obligation of City under this Agreement. In addition, budget revisions cannot significantly change the nature, intent, or scope of the program funded under this Agreement. Co Organization will submit revised budget and program information, whenever the level of funding for Organization or the program(s) described herein is altered according to the total levels contained in any portion of Exhibit B. It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such modifications are to be automatically incorporated into this Agreement without written amendment hereto, and shall become a part of the Agreement on the effective date specified by the law or regulation. City may, from time to time during the term of the Agreement, request changes in Exhibit A which may include an increase or decrease in the amount of Organization's compensation. Such changes shall be incorporated in a written amendment hereto, as provided in Subsection A of this Section. Fo Any alterations, deletions, or additions to the Contract Budget Detail incorporated in Exhibit B shall require the prior written approval of City. Go Organization agrees to notify City of any proposed change in physical location for work performed under this Agreement at least 30 calendar days in advance of the change. Organization shall notify City of any changes in personnel or governing board composition. Page 9 of 17 It is expressly understood that neither the performance of Exhibit A for any program contracted hereunder nor the transfer of funds between or among said programs will be permitted. 17. NOTIFICATION OF ACTION BROUGHT In the event that any claim, demand, suit or other action is made or brought by any person(s), firm corporation or other entity against Organization, Organization shall give written notice thereof to City within two working days after being notified of such claim, demand, suit or other action. Such notice shall state the date and hour of notification of any such claim, demand, suit or other action; the names and addresses of the person(s), firm, corporation or other entity making such claim, or that instituted or threatened to institute any type of action or proceeding; the basis of such claim, action or proceeding; and the name of any person(s) against whom such claim is being made or threatened. Such written notice shall be delivered either personally or by mail. 18. INDEMNIFICATION mo It is expressly understood and agreed by both parties hereto that City is contracting with Organization as an independent contractor and that as such, Organization shall save and hold City, its officers, agents and employees harmless from all liability of any nature or kind, including costs and expenses for, or on account of, any claims, audit exceptions, demands, suits or damages of any character whatsoever resulting in whole or in part from the performance or omission of any employee, agent or representative of Organization. Bo Organization agrees to provide the defense for, and to indemnify and hold harmless City its agents, employees, or contractors from any and all claims, suits, causes of action, demands, damages, losses, attorney fees, expenses, and liability arising out of the use of these contracted funds and program administration and implementation except to the extent caused by the willful act or omission of City, its agents or employees. 19. INSURANCE mo Organization shall observe sound business practices with respect to providing such bonding and insurance as would provide adequate coverage for services offered under this Agreement. Bo The premises on and in which the activities described in Exhibit A are conducted, the employees conducting these activities, shall be covered by premise liability insurance, Page 10 of 17 Do Fo Co commonly referred to as "Owner/Tenant" coverage with City named as an additional insured. Upon request of Organization, City may, at its sole discretion, approve alternate insurance coverage arrangements. Organization will comply with applicable workers' compensation statutes and will obtain employers' liability coverage where available and other appropriate liability coverage for program participants, if applicable. Organization will maintain adequate and continuous liability insurance on all vehicles owned, leased, or operated by Organization. All employees of Organization who are required to drive a vehicle in the normal scope and course of their employment must possess a valid Texas Driver's license and automobile liability insurance. Evidence of the employee's current possession of a valid license and insurance must be maintained on a current basis in Organization's files. Actual losses are not covered by insurance as required by this Section are not allowable costs under this Agreement, and remain the sole responsibility of Organization. The policy or policies of insurance shall contain a clause which requires that City and Organization be notified in writing of any cancellation or change in the policy at least 30 days prior to such change or cancellation. 20. CONFLICT OF INTEREST Organization covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Organization further covenants that in the performance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body. Organization further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use his/her position for a purpose that is or gives the appearance of being motivated by desire for private gain for himseliTherseli; or others; particularly those with which he/she has family, business, or other ties. No officer, member, or employee of City and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall participate in any decision relating to the Agreement which affects his or her personal interest or the interest in any corporation, partnership, or association in which he or she has a direct or indirect interest. Page 11 of 17 21. NEPOTISM Organization shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by Organization, or is a member of Organization's governing board. The term "member of immediate family" includes: wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister. 22. NOTICE Any notice or other written instrument required or permitted to be delivered under the terms of this Agreement shall be deemed to have been delivered, whether actually received or not, when deposited in the United States mail, postage prepaid, registered or certified, return receipt requested, addressed to Organization or City, as the case may be, at the following addresses: CITY City of Denton, Texas Attn: City Manager 215 E. McKinney Denton, TX 76201 ORGANIZATION SPAN, Inc. ATTN: Executive Director 1800 Malone Denton, TX 76201 Either party may change its mailing address by sending notice of change of address to the other at the above address by certified mail, return receipt requested. 23. MISCELLANEOUS Organization shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any claim arising thereunder to any party or parties, bank, trust company or other financial institution without the prior written approval of City. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform to the original intent of both parties hereto. Co In no event shall any payment to Organization hereunder, or any other act or failure of City to insist in any one or more instances upon the terms and conditions of this Agreement constitute or be construed in any way to be a waiver by City of any breach of covenant or default which may then or subsequently be committed by Organization. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to City to enforce its rights hereunder, which rights, Page 12 of 17 powers, privileges, or remedies are always specifically preserved. No representative or agent of City may waive the effect of this provision. This Agreement, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understanding, or other commitment occurring during the term of this Agreement, or subsequent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Agreement. In the event any disagreement or dispute should arise between the parties hereto pertaining to the interpretation or meaning of any part of this Agreement or its governing rules, codes, laws, ordinances, or regulations, City as the party ultimately responsible to HUD for matters of compliance, will have the final authority to render or to secure an interpretation. This Agreement shall be interpreted in accordance with the laws of the State of Texas and vcnuc of any litigation concerning this Agreement shall be in a court of competent jurisdiction sitting in Denton County, Texas. IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this Agreement as of the day of ,2002 CITY OF DENTON, TEXAS ATTEST: JENNIFER WALTERS CITY SECRETARY BY: MICHAEL A. CONDUFF CITY MANAGER BY: Page 13 of 17 APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY CITY ATTORNEY BY: ATTEST: SPAN, INC. //:.. /' EXECUTIVE DI:CTOR///'~ SECRETARY Page 14 of 17 City of Denton - Community Development Division Qualifying Income Limits for Federally Assisted Programs FY 2002/2003 Maximum Income Levels Family Size 1 2 3 4 5 6 7 8 Moderate Income 80% AMI - <65% AMI Low Income 65% AMI - <50% AMI Very-Low Income 50% AMI - <30% AMI Extremely-Low Income <3O% AMI $37,250 - $30,251 $42,550- $34,601 $47,900 - $38,901 $53,200- $43,251 $57,450- $46,701 $61,700- $50,151 $65,950- $53,601 $70,200- $57,051 Source: $30,250- $23,301 $34,600- $26,601 $38,900- $29,951 $43,250- $33,251 $46,700- $35,901 $50,150- $38,551 $53,600- $41,251 $57,050 - $43,901 $23,300- $13,951 $26,600- $15,951 $29,950- $17,951 $33,250- $19,951 $35,900- $21,551 $38,550- $23,151 $41,250- $24,751 $43,900- $26,351 $13,950 or Below $15,950 or Below $17,950 or Below $19,950 or Below $21,550 or Below $23,150 or Below $24,750 or Below $26,350 or Below U.S. Department of Housing and Urban Development Effective: October 2002 Page 15 of 17 EXHIBIT A WORK STATEMENT SPAN, INC. Organization ~vill provide congregate meals at the Denton Senior Center and the American Legion Hall to clients of those respective facilities every Monday through Friday, with the exception of designated holidays. Organization will promote better mental and physical health for older people through nutritious meals and socialization. Organization will provide home delivered meal assistance to seniors living in the City of Denton every Monday through Friday, with the exception of designated holidays. Organization will target persons who are 60 years and older, at-risk, low income, frail and minority elderly for home delivered meal assistance. Program must show evidence of marketing meal services to low-income, frail and minority elderly clients. OUTCOME MEASURES Organization will provide meals to at least 400 unduplicated City of Denton residents during the course of the contract year. Organization will provide at least 15,000 meals to residents of Denton during the contract year. · At least 20% of clients receiving meals services will come from minority households. Page 16 of 17 EXHIBIT B BUDGET. SPAN, INC. CONTRACT BUDGET Reimbursement for Meals $29,000.00 Through this Service Agreement, the City of Denton will pay for a portion of the cost of each congregate and home delivered meal. The City's reimbursement to SPAN, Inc. will be on a per meal basis. SPAN will charge the City of Denton the following prices throughout the contract year. Cost of Congregate Meals Cost of Home Delivered Meals $ 1.50 ea. $ 1.50 ea. Reimbursement requests may come to the City of Denton on a monthly or quarterly basis. Page 17 of 17 This page left blank intemionally. Agenda 02-031 09/17/02 #17 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET September 17, 2002 Materials Management Kathy DuBose, Fiscal and Municipal Services~ Questions concerning this acquisition may be directed to Barbara Ross 349-7235 SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a contract for Prenatal Program for low-income families; providing for the expenditure of funds therefore; and providing for an effective date (Bid 2881-Prenatal Program for Low-Income Families awarded to Family Health Care, Inc. in the amount of $30,000). BID INFORMATION The Prenatal Program for Low-Income Families will provide prenatal care to non-Medicaid eligible pregnant women who have financial difficulties and are unable to afford prenatal care without some assistance. The services these women will receive will include: initial prenatal visit with history, physical, sonogram, lab work, and social worker assessment. This program will also work with the Denton County Health Department to provide outreach on prenatal care and participate with the Denton County Health Department on any infant mortality projects or work groups. Clients will be provided the opportunity to attend childbirth and parenthood classes. Advanced Practice Nurses (APN) will provide client care and consult with the supervising physicians as appropriate. RECOMMENDATION We recommend this be awarded to the sole bidder, Family Health Care, Inc., in the amount of $30,000. PRINCIPLE PLACE OF BUSINESS Family Health Care, Inc. Denton, TX ESTIMATED SCHEDULE OF PROJECT This agreement shall commence upon approval and terminate on September 30, 2003, unless sooner terminated in accordance with Section XXVI "Termination" of the contract agreement. Agenda Information Sheet September 17, 2002 Page 2 FISCAL INFORMATION CDBG funds have been appropriated for this program account 90200210.1360.10100. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet 1-AIS-Bid 2881 Prenatal Program for Low Income Families BID # 2881 Attachment 1 Date: 08/13/2002 PRENATAL PROGRAIVl FOR LOW INCOIVlE FAIVlILIES Family Health TOTAL BASE BID $30,000.00 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR PRENATAL PROGRAM FOR LOW-INCOME FAMILIES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (BID 2881- PRENATAL PROGRAM FOR LOW-INCOME FAMILIES AWARDED TO FAMILY HEALTH CARE, iNC. iN THE AMOUNT OF $30,000). 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 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 in 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 1. That the following competitive bids for materials, equipment, supplies, or services, described in the "Bid Proposals" on file in the office of City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO. CONTRACTOR AMOUNT 2881 1 Family Health Care, Inc. $30,000 SECTION 2. That the acceptance and approval of the above competitive bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. That the City and persons submitting 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 bids, the City Manager or his designated representative is hereby authorized to execute the written contracts which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION 4. That by the acceptance and approval of the above competitive bids, 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 herein. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-BID 2881 PRENATAL PROGRAM FOR LOW INCOME FAMILIES 2002-2003 CDBG SERVICE AGREEMENT BETWEEN THE CITY OF DENTON AND FAMILY HEALTH CARE, INC. BID it 2881 This Agreement is made and entered into by and between the City of Denton, a Texas municipal corporation, acting by and through its City Manager, pursuant to ordinance, hereinaf- ter referred to as CITY, and Family Health Care, Inc, 513 South Locust, Denton, TX 76201, a Texas non-profit corporation, hereinafter referred to as CONTRACTOR. WHEREAS, CITY has received certain funds from the U.S. Department of Housing and Urban Development under Title I of the Housing and Community Development Act of 1974, as amended; and WHEREAS, CITY has adopted a budget for such funds and included therein an author- ized budget for expenditure of funds for; and WHEREAS, CITY has designated the Community Development Office as the division responsible for the administration of this Agreement and all matters pertaining thereto; and WHEREAS, CITY wishes to engage CONTRACTOR to carry out such project; NOW, THEREFORE, the parties hereto agree, and by the execution hereof are bound to the mutual obligations and to the performance and accomplishment of the conditions hereinafter described. TERM This Agreement shall commence on or as of October 1, 2002, and shall terminate on Sep- tember 30, 2003, unless sooner terminated in accordance with Section 26 "Termination". RESPONSIBILITIES CONTRACTOR hereby accepts the responsibility for the performance of all services and activities described in the Work Statement attached hereto as Exhibit A, and incorporated herein by reference, in a satisfactory and efficient manner as determined by CITY, in accordance with the terms herein. CITY will consider CONTRACTOR's executive officer to be CONTRAC- TOR's representative responsible for the management of all contractual matters pertaining hereto, unless written notification to the contrary is received from CONTRACTOR, and ap- proved by CITY. The CITY's Community Development Administrator will be CITY's representative re- sponsible for the administration of this Agreement. mo Bo CITY'S OBLIGATION Limit of Liability. CITY will reimburse CONTRACTOR for expenses incurred pursu- ant and in accordance with the project budget attached hereto as exhibit B and incorpo- rated herein by reference. Notwithstanding any other provision of the Agreement, the to- tal of all payments and other obligations made or incurred by CITY hereunder shall not exceed the sum of Thirty Thousand Dollars ($30,000.00). Measure of Liability. in consideration of full and satisfactory services and activities hereunder by CONTRACTOR, CITY shall make payments to CONTRACTOR based on the Budget attached hereto and incorporated herein for all purposes as Exhibit B, subject to the limitations and provisions set forth in this Section and Section 7 of this Agreement. (1) The parties expressly understand and agree that CITY's obligations under this Section are contingent upon the actual receipt of adequate Community Develop- ment Block Grant (CDBG) funds to meet CITY's liabilities under this Agreement. If adequate funds are not available to make payments under this Agreement, CITY shall notify CONTRACTOR in writing within a reasonable time after such fact has been determined. CITY may, at its option, either reduce the amount of its liability, as specified in Subsection A of this Section or terminate the Agreement. If CDBG funds eligible for use for purposes of this Agreement are reduced, CITY shall not be liable for further payments due to CONTRACTOR under this Agree- ment. (2) It is expressly understood that this Agreement in no way obligates the General Fund or any other monies or credits of the City of Denton. (3) CITY shall not be liable for any cost or portion thereof which: (a) has been paid, reimbursed or is subject to payment or reimbursement, from any other source; (b) was incurred prior to the beginning date, or after the ending date specified in Section 1; (c) is not in strict accordance with the terms of this Agreement, including all exhibits attached hereto; (d) has not been billed to CITY within 90 calendar days following billing to CONTRACTOR, or termination of the Agreement, whichever date is ear- lier; or (e) is not an allowable cost as defined by Section 11 of this Agreement or the project budget. (4) CITY shall not be liable for any cost or portion thereof which is incurred with re- spect to any activity of CONTRACTOR requiring prior written authorization form CITY, or after CITY has requested that CONTRACTOR furnish data con- cerning such action prior to proceeding further, unless and until CITY advises CONTRACTOR to proceed. CITY shall not be obligated or liable under this Agreement to any party other than CONTRACTOR for payment of any monies or provision of any goods or ser- vices. o COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS A. CONTRACTOR shall comply with all applicable federal laws, laws of the State of Texas and ordinances of the City of Denton. REPRESENTATIONS CONTRACTOR assures and guarantees that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Agreement. The person or persons signing and executing this Agreement on behalf of CONTRAC- TOR, do hereby warrant and guarantee that he, she, or they have been fully authorized by CONTRACTOR to execute this Agreement on behalf of CONTRACTOR and to validly and legally bind CONTRACTOR to all terms, performances and provisions herein set forth. CITY shall have the right, at its option, to either temporarily suspend or permanently terminate this Agreement if there is a dispute as to the legal authority of either CON- TRACTOR or the person signing the Agreement to enter into this Agreement. CON- TRACTOR is liable to CITY for any money it has received from CITY for performance of the provisions of this Agreement if CITY has suspended or terminated this Agreement for the reasons enumerated in this Section. Do CONTRACTOR agrees that the funds and resources provided CONTRACTOR under the terms of this Agreement will in no way be substituted for funds and resources from other sources, nor in any way serve to reduce the resources, services, or other benefits which would have been available to, or provided through, CONTRACTOR had this Agreement not been executed. o PERFORMANCE BY CONTRACTOR CONTRACTOR will provide, oversee, administer, and carry out all of the activities and services set out in the WORK STATEMENT, attached hereto and incorporated herein for all purposes as Exhibit A, utilizing the funds described in Exhibit B, attached hereto and incorpo- rated herein for all purposes and deemed by both parties to be necessary and sufficient payment for full and satisfactory performance of the program, as determined solely by CITY and in ac- cordance with all other terms, provisions and requirements of this Agreement. No modifications or alterations may be made in the Work Statement without the prior written approval of the City's Community Development Administrator. e PAYMENTS TO CONTRACTOR mo Payments to Contractor. The CITY shall pay to the CONTRACTOR a maximum amount of money totaling Thirty Thousand Dollars ($30,000.00) for services rendered under this Agreement. CITY will pay these funds on a reimbursement basis to the CON- TRACTOR within twenty days after CITY has received supporting documentation. CONTRACTOR's failure to request reimbursement on a timely basis may jeopardize present or future funding. Funds are to be used for the sole purpose of providing prenatal care to indigent persons. Excess Payment. CONTRACTOR shall refund to CITY within ten working days of CITY's request, any sum of money which has been paid by CITY and which CITY at any time thereafter determines: (1) has resulted in overpayment to CONTRACTOR; or (2) has not been spent strictly in accordance with the terms of this Agreement; or (3) is not supported by adequate documentation to fully justify the expenditure. Disallowed Costs/Reversion of Assets. Upon terminated of this Agreement, should any expense or change for which payment has been made be subsequently disallowed or dis- approved as a result of any auditing or monitoring by CITY, the Department of Housing and Urban Development, or any other Federal agency, CONTRACTOR will refund such amount to CITY within ten working days of a written notice to CONTRACTOR, which specifies the amount disallowed. If CITY finds that CONTRACTOR is unwilling and/or unable to comply with any of the terms of this Contract, CITY may require a refund of any and all money expended pursuant to this Contract by CONTRACTOR, as well as any remaining unexpended funds which shall be refunded to CITY within ten working days of a written notice to CONTRACTOR to revert these financial assets. The revision of these financial assets shall be in addition to any other remedy available to CITY either at law or in equity for breach of this Contract. Refunds of disallowed costs may not be made from these or any funds received from or through CITY. De Obligation of Funds. In the event that actual expenditure rates deviate from CON- TRACTOR's provision of a corresponding level of performance, as specified in Exhibit A, CITY hereby reserves the right to reappropriate or recapture any such underexpended funds. Uo Contract Close Out. CONTRACTOR shall submit the Agreement close out package to CITY, together with a final expenditure report, for the time period covered by the last in- voice requesting reimbursement of funds under this Agreement, within 15 working days following the close of the Agreement period. CONTRACTOR shall utilize the form agreed upon by CITY and CONTRACTOR. ge WARRANTIES CONTRACTOR represents and warrants that: All information, repons and data heretofore or hereafter requested by CITY and fur- nished to CITY, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to CITY. Any supporting financial statements heretofore requested by CITY and furnished to CITY, are complete, accurate and fairly reflect the financial condition of CONTRAC- TOR on the date shown on said report, and the results of the operation for the period cov- ered by the report, and that since said date, there has been no material change, adverse or otherwise, in the financial condition of CONTRACTOR. No litigation or legal proceedings are presently pending or threatened against CON- TRACTOR. None of the provisions herein contravene or are in conflict with the authority under which CONTRACTOR is doing business or with the provisions of any existing indenture or agreement of CONTRACTOR. CONTRACTOR has the power to enter into this Agreement and accept payments here- under, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Agreement. None of the assets of CONTRACTOR is subject to any lien or encumbrance of any char- acter, except for current taxes not delinquent, except as shown in the financial statements furnished by CONTRACTOR to CITY. Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for payment. COVENANTS During the period of time that payment may be made hereunder and so long as any pay- ments remain unliquidated, CONTRACTOR shall not, without the prior written consent of the Community Development Administrator or her authorized representative: (1) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the assets of CONTRACTOR now owned or hereafter acquired by it, or permit any pre-existing mortgages, liens, or other encumbrances to remain on, or attached to, any assets of CONTRACTOR which are allocated to the performance of this Agreement and with respect to which CITY has ownership hereunder. (2) Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes or claims for money due or to become due. (3) Sell, convey, or lease all or substantial part of its assets. (4) Make any advance or loan to, or incur any liability for any other firm, person, en- tity or corporation as guarantor, surety, or accommodation endorser. (s) Sell, donate, loan or transfer any equipment or item of personal property pur- chased with funds paid to CONTRACTOR by CITY, unless CITY authorizes such transfer. Should CONTRACTOR use funds received under this Agreement to acquire or improve real property under CONTRACTOR's control, CONTRACTOR agrees and covenants: (1) That the property shall be used to meet one of the national objectives stated in 24 CFR 570 until August 31, 2007. (2) That should CONTRACTOR transfer or otherwise dispose of said property on or before August 31, 2007, CONTRACTOR shall reimburse CITY in the amount of the fair market value of this property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the prop- erty. CONTRACTOR agrees, upon written request by CITY, to require its employees to attend training sessions sponsored by the Community Development Division. 10. ALLOWABLE COSTS Costs shall be considered allowable only if incurred directly and specifically in the per- formance of and in compliance with this Agreement and in conformance with the stan- dards and provisions of Exhibits A and B. Approval of CONTRACTOR's budget, Exhibit B, does not constitute prior written ap- proval, even though certain items may appear herein. CITY's prior written authorization is required in order for the following to be considered allowable costs: (1) Encumbrances or expenditures during any one month period which exceeds one- fifth (1/5) of the total budget as specified in Exhibit B. (2) CITY shall not be obligated to any third parties, including any subcontractors of CONTRACTOR, and CITY funds shall not be used to pay for any contract ser- vice extending beyond the expiration of this Agreement. (3) Out of town travel. (4) Any alterations or relocation of the facilities on and in which the activities speci- fied in Exhibit A are conducted. Any alterations, deletions or additions to the Personnel Schedule incorporated in Exhibit B. (6) Costs or fees for temporary employees or services. (7) Any fees or payments for consultant services. (8) Fees for attending out of town meetings, seminars or conferences. Written requests for prior approval are CONTRACTOR's responsibility and shall be made within sufficient time to permit a thorough reviexv by CITY. CONTRACTOR must obtain written approval by CITY prior to the commencement of procedures to solicit or purchase ser- vices, equipment, or real or personal property. Any procurement or purchase which may be ap- proved under the terms of this Agreement must be conducted in its entirety in accordance with the provisions of this Agreement. 11. PROGRAM INCOME For purposes of this Agreement, program income means earnings of CONTRACTOR realized from activities resulting from this Agreement or from CONTRACTOR's man- agement of funding provided or received hereunder. Such earnings include, but are not limited to, income from interest, usage or rental or lease fees, income produced from con- tract-supported services of individuals or employees or from the use or sale of equipment or facilities of CONTRACTOR provided as a result of this Agreement, and payments from clients or third parties for services rendered by CONTRACTOR under this Agree- ment. CONTRACTOR shall maintain records of the receipt and disposition of program income in the same manner as required for other contract funds, and reported to CITY in the for- mat prescribed by CITY. CITY and CONTRACTOR agree, based upon advice received Co Co Do from representatives of the U.S. Department of Housing and Urban Development (HUD), that any fees collected for services performed by CONTRACTOR shall be spent only for service provision. These fees or other program income will be deducted from the regular reimbursement request. CONTRACTOR shall include this Section in its entirety in all of its sub-contracts which involve other income-producing services or activities. It is CONTRACTOR's responsibility to obtain from CITY a prior determination as to whether or not income arising directly or indirectly from this Agreement, or the perform- ance thereof, constitutes program income. CONTRACTOR is responsible to CITY for the repayment of any and all amounts determined by CITY to be program income, unless otherwise approved in writing by CITY. 12. MAINTENANCE OF RECORDS CONTRACTOR agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under this Agreement, in compliance with the provisions of Exhibit B, attached hereto, and with any other applica- ble Federal and State regulations establishing standards for financial management. CON- TRACTOR's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. Nothing in this Section shall be con- strued to relieve CONTRACTOR of fiscal accountability and liability under any other provision of this Agreement or any applicable law. CONTRACTOR shall include the substance of this provision in all subcontracts. CONTRACTOR agrees to retain all books, records, documents, reports, and written ac- counting procedures pertaining to the operation of programs and expenditures of funds under this Agreement for five years. Nothing in the above subsections shall be construed to relieve CONTRACTOR of re- sponsibility for retaining accurate and current records which clearly reflect the level and benefit of services provided under this Agreement. At any reasonable time and as often as CITY may deem necessary, the CONTRACTOR shall make available to CITY, HUD, or any of their authorized representatives, all of its records and shall permit CITY, HUD, or any of their authorized representatives to audit, examine, make excerpts and copies of such records, and to conduct audits of all contracts, invoices, materials, payrolls, records of personnel, conditions or employment and all other data requested by said representatives. 13. REPORTS AND INFORMATION At such times and in such form as CITY may require, CONTRACTOR shall furnish such statements, records, data and information as CITY may request and deem pertinent to matters covered by this Agreement. CONTRACTOR shall submit quarterly beneficiary and financial reports to CITY no less than once each three months. The beneficiary report shall detail client information, including race, income, female head of household and other statistics required by CITY. The financial re- port shall include information and data relative to all programmatic and financial reporting as of the beginning date specified in Section 1 of this Agreement. Beneficiary and financial reports shall be due to City within 15 working days after the completion of each quarter. Unless the CITY has granted a written exemption, CONTRACTOR shall submit an audit conducted by independent examiners within ten days after receipt of such. 14. MONITORING AND EVALUATION CITY shall perform on-site monitoring of CONTRACTOR's performances under this Agreement. Bo CONTRACTOR agrees that CITY may carry out monitoring and evaluation activities to ensure adherence by CONTRACTOR to the Work Statement, and Program Goals and Objectives, which are attached hereto as Exhibit A, as well as other provisions of this Agreement. CONTRACTOR agrees to cooperate fully with CITY in the development, implementa- tion and maintenance of record-keeping systems and to provide data determined by CITY to be necessary for CITY to effectively fulfill its monitoring and evaluation responsibili- ties. CONTRACTOR agrees to cooperate in such a way so as not to obstruct or delay CITY in such monitoring and to designate one of its staff to coordinate the monitoring process as requested by CITY staff. After each official monitoring visit, CITY shall provide CONTRACTOR with a written report of monitoring findings. Fo CONTRACTOR shall submit copies of any fiscal, management, or audit reports by any of CONTRACTOR's funding or regulatory bodies to CITY within five working days of receipt by CONTRACTOR. 15. DIRECTORS' MEETINGS During the terms of this Agreement, CONTRACTOR shall cause to bc dclivcrcd to CITY copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to CITY in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. CONTRACTOR understands and agrees that CITY representatives shall be afforded access to all of the Board of Directors' meetings. Minutes of all meetings of CONTRACTOR's governing body shall be available to CITY within ten days after Board approval. 16. INSURANCE CONTRACTOR shall observe sound business practices with respect to providing such bonding and insurance as would provide adequate coverage for services offered under this Agreement. The premises on and in which the activities described in Exhibit A are conducted, and the employees conducting these activities, shall be covered by premise liability insurance, commonly referred to as "Owner/Tenant" coverage with CITY named as an additional insured. Upon request of CONTRACTOR, CITY may, at its sole discretion, approve al- ternate insurance coverage arrangements. CONTRACTOR will comply with applicable workers' compensation statues and will obtain employers' liability coverage where available and other appropriate liability cov- erage for program participants, if applicable. CONTRACTOR will maintain adequate and continuous liability insurance on all vehicles owned, leased or operated by CONTRACTOR. All employees of CONTRACTOR who are required to drive a vehicle in the normal scope and course of their employment must possess a valid Texas driver's license and automobile liability insurance. Evidence of the employee's current possession of a valid license and insurance must be maintained on a current basis in CONTRACTOR's files. Actual losses not covered by insurance as required by this Section are not allowable costs under this Agreement, and remain the sole responsibility of CONTRACTOR. The policy or policies of insurance shall contain a clause which requires that City and Contractor be notified in writing of any cancellation of change in the policy at least 30 days prior to such change or cancellation. 17. EQUAL OPPORTUNITY mo CONTRACTOR shall submit for CITY's approval, a written plan for compliance with the Equal Employment and Affirmative Action Federal provisions, within 30 days of the effective date of this Agreement. CONTRACTOR shall comply with all applicable equal employment opportunity and af- firmative action laws or regulations. Co CONTRACTOR will furnish all information and reports requested by the CITY, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, state and Federal rules and regulations. In the event of CONTRACTOR's non-compliance with the non-discrimination require- ments, CITY may cancel or terminate the Agreement in whole or in part, and CON- TRACTOR may be barred from further contracts with CITY. 18. PERSONNEL POLICIES Personnel policies shall be established by CONTRACTOR and shall be available for ex- amination. Such personnel policies shall: mo Be no more liberal than CITY's personnel policies, procedures, and practices, including policies with respect to employment, salary and wage rates, working hours and holidays, fringe benefits, vacation and sick leave privileges, and travel; and Be in writing and shall be approved by the governing body of CONTRACTOR and by CITY. 19. CONFLICT OF INTEREST CONTRACTOR covenants that neither it nor any member of its governing body pres- ently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. CON- TRACTOR further covenants that in the performance of this Agreement, no person hav- ing such interest shall be employed or appointed as a member of its governing body. CONTRACTOR further covenants that no member of its governing body or its staff, sub- contractors or employees shall possess any interest in or use his position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself, or others, particularly those with which he has family, business, or other ties. No officer, member, or employee of CITY and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall participate in any decision relating to the Agreement which affects his or her personal interest or the interest in any corporation, partnership, or association in which he or she has a direct or indirect interest. 20. NEPOTISM CONTRACTOR shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by CONTRACTOR, or is a member of CONTRACTOR's governing board. The term "member of immediate family" in- cludes: wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister. 21. POLITICAL OR SECTARIAN ACTIVITY None of the performance rendered hereunder shall involve, and no portion of the funds received by CONTRACTOR hereunder shall be used, either directly or indirectly, for any political activity (including, but not limited to, an activity to further the election or defeat of any candidate for public office) or any activity undertaken to influence the passage, defeat or final content of legislation. None of the performance rendered hereunder shall involve, and no portion of the funds received by CONTRACTOR hereunder shall be used for or applied directly or indirectly to the construction, operation, maintenance or administration, or be utilized so as to bene- fit in any manner any sectarian or religious facility or activity. B° Co 22. PUBLICITY Where such action is appropriate, CONTRACTOR shall publicize the activities con- ducted by CONTRACTOR under this Agreement. in any news release, sign, brochure, or other advertising medium, disseminating information prepared or distributed by or for CONTRACTOR, the advertising medium shall state that the U.S. Department of Housing and Urban Development's Community Development Block Grant Program funding through the City of Denton has made the project possible. All published material and written reports submitted under this project must be originally developed material unless otherwise specifically provided in this Agreement. When ma- terial not originally developed is included in a report, the report shall identify the source in the body of the report or by footnote. This provision is applicable when the material is in a verbatim or extensive paraphrase format. All published material submitted under this project shall include the following reference on the front cover or title page: This document is prepared in accordance with the City of Denton's Com- munity Development Block Grant Program, with funding received from the United States Department of Housing and Urban Development. All reports, documents, studies, charts, schedules, or other appended documentation to any proposal, content of basic proposal, or contracts and any responses, inquiries, corre- spondence and related material submitted by CONTRACTOR shall become the property of CITY upon receipt. 23. FUNDING APPLICATIONS CONTRACTOR agrees to notify CITY each time CONTRACTOR is preparing or sub- mitting any application for funding in accordance with the following procedures: When the application is in the planning stages, CONTRACTOR shall submit to CITY a description of the funds being applied for, and the proposed use of funds. Bo Upon award of or notice of award, whichever is sooner, CONTRACTOR shall notify CITY of such award and the effect, if any, of such funding on the funds and program(s) contracted hereunder. Such notice shall be submitted to CITY, in writing, within ten working days of receipt of the notice of award or funding award by CONTRACTOR, to- gether with copies of the budget, program description, and Agreement. CONTRACTOR shall not use funds provided hereunder, whether directly or indirectly, as a contribution, or to prepare applications to obtain any federal or private funds under any federal or private program without the prior written consent of CITY. 24. CHANGES AND AMENDMENTS Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of this Agreement expressly provide that another method shall be used. CONTRACTOR may not make transfers between or among approved line items within budget categories set forth in Exhibit B without prior written approval of CITY. CON- TRACTOR shall request, in writing, the budget revision in a form prescribed by CITY, and such request for revision shall not increase the total monetary obligation of CITY un- der this Agreement. In addition, budget revisions cannot significantly change the nature, intent, or scope of the program funded under this Agreement. CONTRACTOR will submit revised budget and program information, whenever the level of funding for CONTRACTOR or the program(s) described herein is altered according to the total levels contained in any portion of Exhibit B. It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such modifications are to be automatically incorporated into this Agreement without writ- ten amendment hereto, and shall become a part of the Agreement on the effective date specified by the law or regulation. mo CITY may, from time to time during the term of the Agreement, request changes in Ex- hibit A, which may include an increase or decreased in the amount of CONTRACTOR's compensation. Such changes shall be incorporated in a written amendment hereto, as provided in Subsection A of this Section. Fo Any alterations, deletion, or additions to the Contract Budget Detail incorporated in Ex- hibit B shall require the prior written approval of CITY. CONTRACTOR agrees to notify CITY of any proposed change in physical location for work perlbrmed under this Agreement at least 30 calendar days in advance of the change. CONTRACTOR shall notify CITY of any changes in personnel or governing board com- position. It is expressly understood that neither the performance of Exhibit A for any program con- tracted hereunder nor the transfer of funds between or among said programs will be permitted. 25. SUSPENSION OF FUNDING Upon determination by CITY of CONTRACTOR's failure to timely and properly per- form each of the requirelnents, time conditions and duties provided herein, CITY, without limit- ing any rights it may otherwise have, may, at its discretion, and upon ten working days written notice to CONTRACTOR, withhold further payments to CONTRACTOR. Such notice may be given by mail to the Executive Officer and the Board of Directors of CONTRACTOR. The no- tice shall set forth the default or failure alleged, and the action required for cure. The period of such suspension shall be of such duration as is appropriate to accomplish corrective action, but in no event shall it exceed 30 calendar days. At the end of the suspension period, if CITY determines the default or deficiency has been satisfied, CONTRACTOR may be restored to full compliance status and paid all eligible funds withheld or impounded during the suspension period. If however, CITY determines that CONTRACTOR has not come into com- pliance, the provisions of Section 26 may be effectuated. 26. TERMINATION CITY may terminate this Agreement for cause under any of the following reasons or for other reasons not specifically enumerated in this paragraph: (1) CONTRACTOR's failure to attain compliance during any prescribed period of suspension as provided in Section 25. (2) CONTRACTOR's violation of covenants, agreements or guarantees of this Agreement. (3) Termination or reduction of funding by the United States Department of Housing and Urban Development. (4) Finding by CITY that CONTRACTOR: (a) is in such unsatisfactory financial condition as to endanger performance under this Agreement; (b) has allocated inventory to this Agreement substantially exceeding reason- able requirements; (c) is delinquent in payment of taxes, or of costs of performance of this Agreement in the ordinary course of business. Appointment of a trustee, receiver or liquidator for all or substantial part of CONTRACTOR's property, or institution of bankruptcy, reorganization, rear- rangement of or liquidation proceedings by or against CONTRACTOR. (6) CONTRACTOR's inability to conform to changes required by Federal, State and local laws or regulations as provided in Section 4, and Section 24(D), of this Agreement. (7) The commission of an act of bankruptcy. (8) CONTRACTOR's violation of any law or regulation to which CONTRACTOR is bound or shall be bound under the terms of the Agreement. CITY shall promptly notify CONTRACTOR in writing of the decision to terminate and the effective date of termination. Simultaneous notice of pending termination maybe made to other funding source specified in Exhibit B. CITY may terminate this Agreement for convenience at any time. If CITY terminates this Agreement for convenience, CONTRACTOR will be paid an amount not to exceed the total of accrued expenditures as of the effective date of termination. In no event will this compensation exceed an amount which bears the same ratio to the total compensation as the services actually performed bears to the total services of CONTRACTOR covered by the Agreement, less payments previously made. Co CONTRACTOR may terminate this Agreement in whole or in part by written notice to CITY, if a termination of outside funding occurs upon which CONTRACTOR depends for performance hereunder. CONTRACTOR may opt, within the limitations of this Agreement, to seek an alternative funding source, with the approval of CITY, provided the termination by the outside funding source was not occasioned by a breach of contract as defined herein or as defined in a contract between CONTRACTOR and the funding source in question. CONTRACTOR may terminate this Agreement upon the dissolution of CONTRAC- TOR's organization not occasioned by a breach of this Agreement. Do Upon receipt of notice to terminate, CONTRACTOR shall cancel, withdraw or otherwise terminate any outstanding orders or subcontracts, which relate to the performance of this Agreement. CITY shall not be liable to CONTRACTOR or CONTRACTOR's creditors for any expenses, encumbrances or obligations whatsoever incurred after the termination date listed on the notice to terminate referred to in this paragraph. Notwithstanding any exercise by CITY of its right of suspension or termination, CON- TRACTOR shall not be relieved of liability to CITY for damages sustained by CITY by virtue of any breach of the Agreement by CONTRACTOR, and CITY may withhold any reimbursement to CONTRACTOR until such time as the exact amount of damages due to CITY from CONTRACTOR is agreed upon or othe~wvise determined. 27. NOTIFICATION OF ACTION BROUGHT In the event that any claim, demand, suit or other action is made or brought by any per- son(s), firm corporation or other entity against CONTRACTOR, CONTRACTOR shall give written notice thereof to CITY within two working days after being notified of such claim, de- mand, suit or other action. Such notice shall state the date and hour of notification of any such claim, demand, suit or other action; the names and addresses of the person(s), firm, corporation or other entity making such claim, or that instituted or threatened to institute any type of action or proceeding; the basis of such claim, action or proceeding; and the name of any person(s) against whom such claim is being made or threatened. Such written notice shall be delivered ei- ther personally or by mail. 28. INDEMNIFICATION mo It is expressly understood and agreed by both parties hereto that CITY is contract- ing with CONTRACTOR as an independent contractor and that as such, CON- TRACTOR shall save and hold CITY, its officers, agents and employees harmless from all liability of any nature or kind, including costs and expenses for, or on ac- count of, any claims, audit exceptions, demands, suits or damages of any character whatsoever resulting in whole or in part from the performance or omission of any employee, agent or representative of CONTRACTOR. Bo CONTRACTOR agrees to provide the defense for, and to indemnify and hold harmless CITY its agents, employees, or contractors from any and all claims, suits, causes of action, demands, damages, losses, attorney fees, expenses, and liability arising out of the use of these contracted funds and program administration and implementation except to the extent caused by the willful act or omission of CITY, its agents, employees, or contractors. Do Go E° 29. MISCELLANEOUS CONTRACTOR shall not transfer, pledge or otherwise assign this Agreement or any in- terest therein, or any claim arising thereunder, to any party or parties, bank, trust com- pany or other financial institution without the prior written approval of CITY. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the re- maining provisions shall remain in full force and effect and continue to conform to the original intent of both parties hereto. In no event shall any payment to CONTRACTOR hereunder, or any other act or failure of CITY to insist in any one or more instances upon the terms and conditions of this Agreement constitute or be construed in any way to be a waiver by CITY of any breach of covenant or default which may then or subsequently be committed by CONTRAC- TOR. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to CITY to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved. No repre- sentative or agent of CITY may waive the effect of this provision. This Agreement, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, un- derstanding or other comnfitment antecedent to this Agreement, whether written or oral, shall have no force or effect whatsoever; nor shall an agreement, assertion, statement, un- derstanding, or other commitment occurring during the term of this Agreement, or subse- quent thereto, have any legal force or effect whatsoever, unless properly executed in writ- ing, and if appropriate, recorded as an amendment of this Agreement. In the event any disagreement or dispute should arise between the parties hereto pertain- ing to the interpretation or meaning of any part of this Agreement or its governing rules, codes, laws, ordinances or regulations, CITY as the party ultimately responsible to HUD for matters of compliance, will have the final authority to render or to secure an interpre- tation. For purposes of this Agreement, all official communications and notices among the par- ties shall be deemed made if sent postage paid to the parties and address set forth belo;v: TO CITY: City Manager City of Denton 215 E. McKinney Denton, Texas 76201 TO CONTRACTOR: Family Health Care, Inc. ATTN: Patrice Capan, Executive Director 513 South Locust Denton, TX 76201 This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any litigation concerning this Agreement shall be in a court competent jurisdic- tion sitting in Denton County, Texas. of WITNESS OF WHICH this Agreement has bogn oxocutod on this tho ,2002. CITY OF DENTON ATTEST: JENNIFER WALTERS CITY SECRETARY BY: MIC~ A. COlqDUFF CITY MANAGER BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY CITY ATTORNEY BY: f~~//~~..'~. ~.zT~ FAMILY HEALTH CARE, INC. ATTEST: BY: EXECUTIVE Dllt.ECT~I~ B(~ARD SECRETARY City of Denton - Community Development Division Qualifying Income Limits for Federally Assisted Programs FY 2002/2003 Maximum Income Levels Family Size Moderate Income 80% AMI - <65% AMI Low Income 65% AMI - <50% AMI Very-Low Income 50% AMI - <30% AMI 1 $37,250 - $30,251 $30,250- $23,301 2 $42,550- $34,601 $34,600 - $26,601 3 $47,900- $38,901 $38,900 - $29,951 4 $53,200- $43,251 $43,250- $33,251 5 $57,450- $46,701 $46,700- $35,901 6 $61,700 - $50,151 $50,150- $38,551 7 $65,950- $53,601 $53,600- $41,251 8 $70,200- $57,051 $57,050 - $43,901 Source: U.S. Department of Housing and Urban Development $23,300- $13,951 $26,600- $15,951 $29,950- $17,951 $33,250- $19,951 $35,900- $21,551 $38,550- $23,151 $41,250- $24,751 $43,900- $26,351 Effective: October 2002 Extremely-Low Income <30% AMI $13,950 or Below $15,950 or Below $17,950 or Below $19,950 or Below $21,550 or Below $23,150 or Below $24,750 or Below $26,350 or Below S:~Our DocunlcntsxConlracts\02\Pamily hcalth care02 doc EXHIBIT "A" WORK STATEMENT FAMILY HEALTH CARE, INC. Provide prenatal care to non-Medicaid eligible pregnant women who have financial diffi- culties and are unable to afford prenatal care without some assistance. · The services these women will receive will include: initial prenatal visit with history, physical, sonogram, lab work, and social worker assessment. Work with the Denton County Health Department to provide outreach on prenatal care and participate with the Denton County Health Department on any infant mortality pro- jects or work groups. · Clients will be provided the opportunity to attend childbirth and parenthood classes. · Advanced Practice Nurses (APN) will provide client care and consult with the supervis- ing physicians as appropriate. OUTCOME MEASURES · Newborn babies of mothers served by the program will have a low birth weight rate of 5% or less. · The rate of Gestation Disease in mothers will be 4% or less. · First trimester enrollment for the program will be at least 40%. · A minimum of 12 women per month from the City of Denton will be served through the prenatal program. Page 20 of 22 S/,Our Docunlcnls'Conlracts\02\Panlily health care02 doc EXHIBIT "B" BUDGET FAMILY HEALTH CARE, INC. PRENATAL CLINIC Initial Visit $114.00 Return or Postpartum $ 47.00 Ultrasound $105.00 Follow up Ultrasound $ 55.00 Non-Stress Test $ 35.00 Nutritionist Visit $ 45.00 Case Management $ 35.00 Total Budget $30,000.00 Family Health Care, Inc. will be reimbursed on a fee for service basis for services provided to residents of Denton. Fees for particular services are broken down above. Page 21 ot'22 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET September 17, 2002 Materials Management Kathy DuBose, Fiscal and Municipal Services~ Agenda 02-031 09/17/02 #18 Questions concerning this acquisition may be directed to Barbara Ross 349-7235 SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a comract for Self- Sufficiency Program for Low-income and Homeless Households; providing for the expenditure of funds therefore; and providing for an effective date (Bid 2882-Self-Sufficiency Program for Low income and Homeless Households awarded to HOPE, inc. in the amoum of $30,000). BID INFORMATION This bid is for providing services to the homeless and potemially homeless in DeNon who can help themselves, and desire to do so, therefore moving toward establishing and maimaining self-reliance and becoming reimegrated as productive members of the community. Services include providing crisis management, verification and assistance with application to the Housing Authority for homeless or involumary displaced persons, coordinating services for the emire family and assisting in budget planning, goal setting and job searching. RECOMMENDATION We recommend this be awarded to the sole bidder, HOPE, Inc., in the amoum of $30,000. ESTIMATED SCHEDULE OF PROJECT This agreemem shall commence upon approval and terminate on September 30, 2003, unless sooner terminated in accordance with Section XXVi "Termination" of the contract agreement. PLACE OF BUSINESS HOPE, Inc. Demon, TX FISCAL INFORMATION CDBG funds have been appropriated for this program from accoum 90200211.1360.10100. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachmem 1: Tabulation Sheet 1-AIS-Bid 2882 Self Sufficiency Program Attachment 1 Bid # 2882 Date: 08/13/2002 PRENATAL PROGRAM FOR LOW fNCOME FAMfLfES iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii I TOTAL BASE BID $30,000.00 3 7 9 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR SELF-SUFFICIENCY PROGRAM FOR LOW-INCOME AND HOMELESS HOUSEHOLDS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (BID 2882-SELF-SUFFICIENCY PROGRAM FOR LOW INCOME AND HOMELESS HOUSEHOLDS AWARDED TO HOPE, INC. IN THE AMOUNT OF $30,000). 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 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 in 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 1. That the following competitive bids for materials, equipment, supplies, or services, described in the "Bid Proposals" on file in the office of City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO. CONTRACTOR AMOUNT 2882 1 HOPE, Inc. $30,000 SECTION 2. That the acceptance and approval of the above competitive bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. That the City and persons submitting 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 bids, the City Manager or his designated representative is hereby authorized to execute the written contracts which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION 4. That by the acceptance and approval of the above competitive bids, 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 herein. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2002. EULINEBROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-BID 2882 SELF SUFFICIENCY PROGRAM ORDINANCE 2002-2003 CDBG SERVICE AGREEMENT BETWEEN THE CITY OF DENTON AND HOPE, INC. BID # 2882 This Agreement is made and entered into by and between the City of Denton, a Texas municipal corporation, acting by and through its City Manager, pursuant to ordinance, hereinafter referred to as CITY, and HOPE, INC., 117 West Sycamore, Denton, TX 76201, a Texas non-profit corporation, hereinafter referred to as CONTRACTOR. WHEREAS, CITY has received certain funds from the U.S. Department of Housing and Urban Development under Title I of the Housing and Community Development Act of 1974, as amended; and WHEREAS, CITY has adopted a budget for such funds and included therein an authorized budget for expenditure of funds for assistance to homeless and potentially homeless families; and WHEREAS, CITY has designated the Community Development Division as the division responsible for the administration of this Agreement and all matters pertaining thereto; and WHEREAS, CITY wishes to engage CONTRACTOR to carry out such project; NOW, THEREFORE, the parties hereto agree, and by the execution hereof are bound to the mutual obligations and to the performance and accomplishment of the conditions hereinafter described. This Agreement shall commence on or as of October 1, 2002, and shall terminate on September 30, 2003, unless sooner terminated in accordance with Section 26 "Termination". e RESPONSIBILITIES CONTRACTOR hereby accepts the responsibility for the performance of all services and activities described in the Work Statement attached hereto as Exhibit A, in a satisfactory and efficient manner as determined by CITY, in accordance with the terms herein. CITY will consider CONTRACTOR'S executive officer to be CONTRACTOR's representative responsible for the management of all contractual matters pertaining hereto, unless written notification to the contrary is received from CONTRACTOR, and approved by CITY. Page 1 of 22 Ao o CITY'S OBLIGATION Limit of Liability. CITY will reimburse CONTRACTOR for expenses incurred pursuant in accordance with the project budget included as a part of Exhibit B. Notwithstanding any other provision of the Agreement, the total of all payments and other obligations made or incurred by CITY hereunder shall not exceed the sum of Thirty Thousand Dollars ($30,000.00). Measure of Liability. In consideration of full and satisfactory services and activities hereunder by CONTRACTOR, CITY shall make payments to CONTRACTOR based on the Budget attached hereto and incorporated herein for all purposes as Exhibit B, subject to the limitations and provisions set forth in this Section and Section 7 of this Agreement. The parties expressly understand and agree that CITY's obligations under this Section are contingent upon the actual rcceipt of adequate Community Development Block Grant (CDBG) funds to meet CITY's liabilities under this Agreement. If adequate funds are not available to make payments under this Agreement, CITY shall notify CONTRACTOR in writing within a reasonable time after such fact has been determined. CITY may, at its option, either reduce the amount of its liability, as specified in Subsection A of this Section or terminate the Agreement. If CDBG funds eligible for use for purposes of this Agreement are reduced, CITY shall not be liable for further payments due to CONTRACTOR under this Agreement. (2) It is expressly understood that this Agreement in no way obligates the General Fund or any other monies or credits of the City of Denton. (3) CITY shall not be liable for any cost or portion thereof which: (a) has been paid, reimbursed or is subject to payment or reimbursement, from any other source; (b) was incurred prior to the beginning date, or after the ending date specified in Section 1; (c) is not in strict accordance with the terms of this Agreement, including all exhibits attached hereto; (d) has not been billed to CITY within 90 calendar days following billing to CONTRACTOR, or termination of the Agreement, whichever date is earlier; or Page 2 of 22 A° (e) is not an allowable cost as defined by Section 11 of this Agreement or the project budget. (4) CITY shall not be liable for any cost or portion thereof which is incurred with respect to any activity of CONTRACTOR requiring prior written authorization form CITY, or after CITY has requested that CONTRACTOR furnish data concerning such action prior to proceeding further, unless and until CITY advises CONTRACTOR to proceed. (5) CITY shall not be obligated or liable under this Agreement to any party other than CONTRACTOR for payment of any monies or provision of any goods or services. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS CONTRACTOR understands that funds provided to it pursuant to this Agreement are funds, which have been made available to CITY by the Federal Government (U.S. Department of Housing and Urban Development) under the Housing and Community Development Act of 1974, as amended, in accordance with an approved Grant Application and specific assurances. Accordingly, CONTRACTOR assures and certifies that it will comply with the requirements of the Housing and Community Development Act of 1974 (P.L. 93-383) as amended and with regulations promulgated thereunder, and codified at 24 CFR 570. The foregoing is in no way meant to constitute a complete compilation of all duties imposed upon CONTRACTOR by law or administrative ruling, or to narrow the standards, which CONTRACTOR must follow. CONTRACTOR further accrues and certifies that if the regulations and issuances promulgated pursuant to the Act are amended or revised, it shall comply with them, or notify CITY, as provided in Section 24 of this Agreement. CONTRACTOR agrees to abide by the conditions of and comply with the requirements of the Office of Management and Budget Circulars Nos. A-110 and A-122. CONTRACTOR shall comply with all applicable federal laws, laws of the State of Texas and ordinances of the City of Denton. o REPRESENTATIONS CONTRACTOR assures and guarantees that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Agreement. Page 3 of 22 The person or persons signing and executing this Agreement on behalf of CONTRACTOR, do hereby warrant and guarantee that he, she, or they have been fully authorized by CONTRACTOR to execute this Agreement on behalf of CONTRACTOR and to validly and legally bind CONTRACTOR to all terms, performances and provisions herein set forth. Co CITY shall have the right, at its option, to either temporarily suspend or permanently terminate this Agreement if there is a dispute as to the legal authority of either CONTRACTOR or the person signing the Agreement to enter into this Agreement. CONTRACTOR is liable to CITY for any money it has received from CITY for performance of the provisions of this Agreement if CITY has suspended or terminated this Agreement for the reasons enumerated in this Section. Do CONTRACTOR agrees that the funds and resources provided CONTRACTOR under the terms of this Agreement will in no way be substituted for funds and resources from other sources, nor in any way serve to reduce the resources, services, or other benefits which would have been available to, or provided through, CONTRACTOR had this Agreement not been executed. PERFORMANCE BY CONTRACTOR CONTRACTOR will provide, oversee, administer, and carry out all of the activities and services set out in the WORK STATEMENT, attached hereto and incorporated herein for all purposes as Exhibit A, utilizing the funds described in Exhibit B, attached hereto and incorporated herein for all purposes and deemed by both parties to be necessary and sufficient payment for full and satisfactory performance of the program, as determined solely by CITY and in accordance with all other terms, provisions and requirements of this Agreement. No modifications or alterations may be made in the Work Statement without the prior written approval of the City's Community Development Administrator. o PAYMENTS TO CONTRACTOR Payments to Contractor. The CITY shall pay to the CONTRACTOR a maximum amount of money totaling Thirty Thousand Dollars ($30,000.00) for services rendered under this Agreement. CITY will pay these funds on a reimbursement basis to the CONTRACTOR within 20 days after CITY has received supporting documentation. CONTRACTOR's failure to request reimbursement on a timely basis may jeopardize present or future funding. Funds are to be used for the sole purpose of providing assistance to homeless and potentially homeless families. Page 4 of 22 Excess Payment. CONTRACTOR shall refund to CITY within ten working days of CITY's request, any sum of money which has been paid by CITY and which CITY at any time thereafter determines: (1) has resulted in overpayment to CONTRACTOR; or (2) has not been spent strictly in accordance with the terms of this Agreement; or (3) is not supported by adequate documentation to fully justify the expenditure. Disallowed Costs/Reversion of Assets. Upon terminated of this Agreement, should any expense or change for which payment has been made be subsequently disallowed or disapproved as a result of any auditing or monitoring by CITY, the Department of Housing and Urban Development, or any other Federal agency, CONTRACTOR will refund such amount to CITY within ten working days of a written notice to CONTRACTOR, which specifies the amount disallowed. If CITY finds that CONTRACTOR is unwilling and/or unable to comply with any of the terms of this Contract, CITY may require a refund of any and all money expended pursuant to this Contract by CONTRACTOR, as well as any remaining unexpended funds which shall be refunded to CITY within ten working days of a written notice to CONTRACTOR to revert these financial assets. The reversion of these financial assets shall be in addition to any other remedy available to CITY either at law or in equity for breach of this Contract. Refunds of disallowed costs may not be made from these or any funds received from or through CITY. Do Deobligation of Funds. In the event that actual expenditure rates deviate from CONTRACTOR's provision of a corresponding level of performance, as specified in Exhibit A, CITY hereby reserves the right to reappropriate or recapture any such under expended funds. Contract Close Out. CONTRACTOR shall submit the Agreement close out package to CITY, together with a final expenditure report, for the time period covered by the last invoice requesting reimbursement of funds under this Agreement, within 15 working days following the close of the Agreement period. CONTRACTOR shall utilize the form agreed upon by CITY and CONTRACTOR. WARRANTIES CONTRACTOR represents and warrants that: All information, reports and data heretofore or hereafter requested by CITY and furnished to CITY, are complete and accurate as of the date shown on the information, Page 5 of 22 data, or report, and, since that date, have not undergone any significant change without written notice to CITY. Any supporting financial statements heretofore requested by CITY and furnished to CITY, are complete, accurate and fairly reflect the financial condition of CONTRACTOR on the date shown on said report, and the results of the operation for the period covered by the report, and that since said date, there has been no material change, adverse or otherwise, in the financial condition of CONTRACTOR. Co No litigation or legal proceedings are presently pending or threatened against CONTRACTOR. None of the provisions herein contravene or are in conflict with the authority under which CONTRACTOR is doing business or with the provisions of any existing indenture or agreement of CONTRACTOR. CONTRACTOR has the power to enter into this Agreement and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Agreement. None of the assets of CONTRACTOR is subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements furnished by CONTRACTOR to CITY. Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for payment. COVENANTS During the period of time that payment may be made hereunder and so long as any payments remain unliquidated, CONTRACTOR shall not, without the prior written consent of the Community Development Administrator or her authorized representative: (1) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the assets of CONTRACTOR now owned or hereafter acquired by it, or permit any pre-existing mortgages, liens, or other encumbrances to remain on, or attached to, any assets of CONTRACTOR which are allocated to the performance of this Agreement and with respect to which CITY has ownership hereunder. (2) Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes or claims for money due or to become due. (3) Sell, convey, or lease all or substantial part of its assets. Page 6 of 22 (4) Make any advance or loan to, or incur any liability for any other firm, person, entity or corporation as guarantor, surety, or accommodation endorser. (5) Sell, donate, loan or transfer any equipment or item of personal property purchased with funds paid to CONTRACTOR by CITY, unless CITY authorizes such transfer. CONTRACTOR agrees, upon written request by CITY, to require its employees to attend training sessions sponsored by the Community Services Division. 10. ALLOWABLE COSTS Costs shall be considered allowable only if incurred directly specifically in the performance of and in compliance with this Agreement and in conformance with the standards and provisions of Exhibits A and B. Approval of CONTtL~,CTOR's budget, Exhibit B, does not constitute prior written approval, even though certain items may appear herein. CITY's prior written authorization is required in order for the following to be considered allowable costs: Encumbrances or expenditures during any one month period which exceeds one- fifth (1/5) of the total budget as specified in Exhibit B. (2) CITY shall not be obligated to any third parties, including any subcontractors of CONTRACTOR, and CITY funds shall not be used to pay for any contract service extending beyond the expiration of this Agreement. (3) Out of town travel. (4) Any alterations or relocation of the facilities on and in which the activities specified in Exhibit A are conducted. Any alterations, deletions or additions to the Personnel Schedule incorporated in Exhibit B. (6) Costs or fees for temporary employees or services. (7) Any fees or payments for consultant services. (8) Fees for attending out of town meetings, seminars or conferences. Written requests for prior approval are CONTRACTOR's responsibility and shall be made within sufficient time to permit a thorough review by CITY. CONTRACTOR must obtain written approval by CITY prior to the commencement of procedures to solicit or Page 7 of 22 Ao purchase services, equipment, or real or personal property. Any procurement or purchase, which may be approved under the terms of this Agreement, must be conducted in its entirety in accordance with the provisions of this Agreement. 11. PROGRAM INCOME For purposes of this Agreement, program income means earnings of CONTRACTOR realized from activities resulting from this Agreement or from CONTRACTOR's management of funding provided or received hereunder. Such earnings include, but are not limited to, income from interest, usage or rental or lease fees, income produced from contract-supported services of individuals or employees or from the use or sale of equipment or facilities of CONTRACTOR provided as a result of this Agreement, and payments from clients or third parties for services rendered by CONTRACTOR under this Agreement. CONTRACTOR shall maintain records of the receipt and disposition of program income in the same manner as required for other contract funds, and reported to CITY in the format prescribed by CITY. CiTY and CONTRACTOR agree, based upon advice received from representatives of the U.S. Department of Housing and Urban Development (HUD), that any fees collected for services performed by CONTRACTOR shall be spent only for service provision. These fees or other program income will be deducted from the regular reimbursement request. CONTRACTOR shall include this Section in its entirety in all of its sub-contracts which involve other income-producing services or activities. It is CONTRACTOR's responsibility to obtain from CITY a prior determination as to whether or not income arising directly or indirectly from this Agreement, or the performance thereof, constitutes program income. CONTRACTOR is responsible to CITY for the repayment of any and all amounts determined by CITY to be program income, unless otherwise approved in writing by CITY. 12. MAINTENANCE OF RECORDS CONTRACTOR agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under this Agreement, in compliance with the provisions of Exhibit B, attached hereto, and with any other applicable Federal and State regulations establishing standards for financial management. CONTRACTOR's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. Nothing in this Section shall be construed to relieve CONTRACTOR of fiscal accountability and liability under any other provision of this Agreement or any applicable law. CONTRACTOR shall include the substance of this provision in all subcontracts. Page 8 of 22 CONTRACTOR agrees to retain all books, records, documents, reports, and written accounting procedures pertaining to the operation of programs and expenditures of funds under this Agreement for the period of time and under the conditions specified by CITY. Nothing in the above subsections shall be construed to relieve CONTRACTOR of responsibility for retaining accurate and current records, which clearly reflect the level and benefit of services, provided under this Agreement. At any reasonable time and as often as CITY may deem necessary, the CONTRACTOR shall make available to CITY, HUD, or any of their authorized representatives, all of its records and shall permit CITY, HUD, or any of their authorized representatives to audit, examine, make excerpts and copies of such records, and to conduct audits of all contracts, invoices, materials, payrolls, records of personnel, conditions or employment and all other data requested by said representatives. 13. REPORTS AND INFORMATION At such times and in such form as CITY may require, CONTRACTOR shall furnish such statements, records, data and information as CITY may request and deem pertinent to matters covered by this Agreement. CONTRACTOR shall submit quarterly beneficiary and financial reports to CITY no less than once each three months. The beneficiary report shall detail client information, including race, income, female head of household and other statistics required by CITY. The financial report shall include information and data relative to all programmatic and financial reporting as of the beginning date specified in Section 1 of this Agreement. Beneficiary and financial reports shall be due to City within 15 working days after the completion of each quarter. Unless the CITY has granted a written exemption, CONTRACTOR shall submit an audit conducted by independent examiners with ten days after receipt of such. Bo 14. MONITORING AND EVALUATION CITY shall perform on-site monitoring of CONTRACTOR's performances under this Agrccmcnt. CONTRACTOR agrees that CITY may carry out monitoring and evaluation activities to ensure adherence by CONTRACTOR to the Work Statement, and Program Goals and Objectives, which are attached hereto as Exhibit A, as well as other provisions of this Agreement. Page 9 of 22 CONTRACTOR agrees to cooperate fully with CITY in the development, implementation and maintenance of record-keeping systems and to provide data determined by CITY to be necessary for CITY to effectively fulfill its monitoring and evaluation responsibilities. CONTRACTOR agrees to cooperate in such a way so as not to obstruct or delay CITY in such monitoring and to designate one of its staff to coordinate the monitoring process as requested by CITY staff. After each official monitoring visit, CITY shall provide CONTRACTOR with a written report of monitoring findings. CONTRACTOR shall submit copies of any fiscal, management, or audit reports by any of CONTRACTOR's funding or regulatory bodies to CITY within five (5) working days of receipt by CONTRACTOR. 15. DIRECTORS' MEETINGS During the terms of this Agreement, CONTRACTOR shall cause to be delivered to CITY copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to CITY in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. CONTRACTOR understands and agrees that CITY representatives shall be afforded access to all of the Board of Directors' meetings. Minutes of all meetings of CONTRACTOR's governing body shall be available to CITY within ten working days after Board approval. Page 10 of 22 Co Co 16. INSURANCE CONTRACTOR shall observe sound business practices with respect to providing such bonding and insurance as would provide adequate coverage for services offered under this Agreement. The premises on and in which the activities described in Exhibit A are conducted, and the employees conducting these activities, shall be covered by premise liability insurance, commonly referred to as "Owner/Tenant" coverage with CITY named as an additional insured. Upon request of CONTRACTOR, CITY may, at its sole discretion, approve alternate insurance coverage arrangements. CONTRACTOR will comply with applicable workers' compensation statues and will obtain employers' liability coverage where available and other appropriate liability coverage for program participants, if applicable. CONTRACTOR will maintain adequate and continuous liability insurance on all vehicles owned, leased or operated by CONTRACTOR. All employees of CONTRACTOR who are required to drive a vehicle in the normal scope and course of their employment must possess a valid Texas driver's license and automobile liability insurance. Evidence of the employee's current possession of a valid license and insurance must be maintained on a current basis in CONTRACTOR's files. Actual losses not covered by insurance as required by this Section are not allowable costs under this Agreement, and remain the sole responsibility of CONTRACTOR. The policy or policies of insurance shall contain a clause which requires that City and Contractor be notified in writing of any cancellation of change in the policy at least 30 days prior to such change or cancellation. 17. EQUAL OPPORTUNITY CONTRACTOR shall submit for CITY's approval, a written plan for compliance with the Equal Employment and Affirmative Action Federal provisions, within 30 days of the effective date of this Agreement. CONTRACTOR shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. CONTRACTOR will furnish all information and reports requested by the CITY, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, state and Federal rules and regulations. Page 11 of 22 In the event of CONTRACTOR's non-compliance with the non-discrimination requirements, CITY may cancel or terminate the Agreement in whole or in part, and CONTRACTOR may be barred from further contracts with CITY. 18. PERSONNEL POLICIES Personnel policies shall be established by CONTRACTOR and shall be available for examination. Such personnel policies shall: Be no more liberal than CITY's personnel policies, procedures, and practices, including policies with respect to employment, salary and wage rates, working hours and holidays, fringe benefits, vacation and sick leave privileges, and travel; and Be in writing and shall be approved by the governing body of CONTRACTOR and by CITY. 19. CONFLICT OF INTEREST CONTRACTOR covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. CONTRACTOR further covenants that in the performance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body. CONTRACTOR further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use his position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself, or others, particularly those with which he has family, business, or other ties. Co No officer, member, or employee of CITY and no member of its goveming body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall participate in any decision relating to the Agreement which affects his or her personal interest or the interest in any corporation, partnership, or association in which he or she has a direct or indirect interest. 20. NEPOTISM CONTRACTOR shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by CONTRACTOR, or is a member of CONTRACTOR's governing board. The term "member of immediate family" Page 12 of 22 includes: wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, stepparent, stepchild, half-brother and half-sister. 21. POLITICAL OR SECTARIAN ACTIVITY None of the performance rendered hereunder shall involve, and no portion of the funds received by CONTRACTOR hereunder shall be used, either directly or indirectly, for any political activity (including, but not limited to, an activity to further the election or defeat of any candidate for public office) or any activity undertaken to influence the passage, defeat or final content of legislation. None of the performance rendered hereunder shall involve, and no portion of the funds received by CONTRACTOR hereunder shall be used for or applied directly or indirectly to the construction, operation, maintenance or administration, or be utilized so as to benefit in any manner any sectarian or religious facility or activity. 22. PUBLICITY Where such action is appropriate, CONTRACTOR shall publicize the activities conducted by CONTRACTOR under this Agreement. In any news release, sign, brochure, or other advertising medium, disseminating information prepared or distributed by or for CONTRACTOR, mention shall be made of the U.S. Department of Housing and Urban Development's Community Development Block Grant Program funding through the City of Denton having made the project possible. All published material and written reports submitted under this project must be originally developed material unless otherwise specifically provided in this Agreement. When material not originally developed is included in a report, the report shall identify the source in the body of the report or by footnote. This provision is applicable when the material is in a verbatim or extensive paraphrase format. All published material submitted under this project shall include the following reference on the front cover or title page: This document is prepared in accordance with the City of Denton's Community Development Block Grant Program, with funding received from the United States Department of Housing and Urban Development. All reports, documents, studies, charts, schedules, or other appended documentation to any proposal, content of basic proposal, or contracts and any responses, inquiries, correspondence and related material submitted by CONTRACTOR shall become the property of CITY upon receipt. Page 13 of 22 23. FUNDING APPLICATIONS CONTRACTOR agrees to notify CiTY each time CONTRACTOR is preparing or submitting any application for funding in accordance with the following procedures: When the application is in the planning stages, CONTRACTOR shall submit to CITY a description of the funds being applied for, and the proposed use of funds. Upon award of or notice of award, whichever is sooner, CONTRACTOR shall notify CITY of such award and the effect, if any, of such funding on the funds and program(s) contracted hereunder. Such notice shall be submitted to CITY, in writing, within ten working days of receipt of the notice of award or funding award by CONTRACTOR, together with copies of the budget, program description, and Agreement. Co CONTRACTOR shall not use funds provided hereunder, whether directly or indirectly, as a contribution, or to prepare applications to obtain any federal or private funds under any federal or private program without the prior written consent of CITY. 24. CHANGES AND AMENDMENTS Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of this Agreement expressly provide that another method shall be used. CONTRACTOR may not make transfers between or among approved line items within budget categories set forth in Exhibit B without prior written approval of CITY. CONTRACTOR shall request, in writing, the budget revision in a form prescribed by CITY, and such request for revision shall not increase the total monetary obligation of CITY under this Agreement. In addition, budget revisions cannot significantly change the nature, intent, or scope of the program funded under this Agreement. Co CONTRACTOR will submit revised budget and program information, whenever the level of funding for CONTRACTOR or the program(s) described herein is altered according to the total levels contained in any portion of Exhibit B. Do It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such modifications are to be automatically incorporated into this Agreement without written amendment hereto, and shall become a part of the Agreement on the effective date specified by the law or regulation. CITY may, from time to time during the term of the Agreement, request changes in Exhibit A, which may include an increase or decreased in the amount of Page 14 of 22 CONTRACTOR's compensation. Such changes shall be incorporated in a written amendment hereto, as provided in Subsection A of this Section. Any alterations, deletion, or additions to the Contract Budget Detail incorporated in Exhibit B shall require the prior written approval of CITY. Go CONTRACTOR agrees to notify CITY of any proposed change in physical location for work performed under this Agreement at least 30 calendar days in advance of the change. CONTRACTOR shall notify CITY of any changes in personnel or governing board composition. It is expressly understood that neither the performance of Exhibit A for any program contracted hereunder nor the transfer of funds between or among said programs will be permitted. 25. SUSPENSION OF FUNDING Upon determination by CITY of CONTRACTOR's failure to timely and properly perform each of the requirements, time conditions and duties provided herein, CITY, without limiting any rights it may otherwise have, may, at its discretion, and upon ten working days written notice to CONTRACTOR, withhold further payments to CONTRACTOR. Such notice may be given by mail to the Executive Officer and the Board of Directors of CONTRACTOR. The notice shall set forth the default of failure alleged, and the action required for cure. The period of such suspension shall be of such duration as is appropriate to accomplish corrective action, but in no event shall it exceed 30 calendar days. At the end of the suspension period, if CITY determines the default of deficiency has been satisfied, CONTRACTOR may be restored to full compliance status and paid all eligible funds withheld or impounded during the suspension period. If however, CITY determines that CONTRACTOR has not come into compliance, the provisions of Section 26 may be effectuated. 26. TERMINATION A. CITY may terminate this Agreement with cause for any of the following reasons: CONTRACTOR's failure to attain compliance during any prescribed period of suspension as provided in Section 25. (2) CONTRACTOR's violation of covenants, agreements or guarantees of this Agreement. Page 15 of 22 (3) Termination or reduction of funding by the United States Department of Housing and Urban Development. (4) Finding by CITY that CONTRACTOR: (a) is in such unsatisfactory financial condition as to endanger performance under this Agreement; (b) has allocated inventory to this Agreement substantially exceeding reasonable requirements; (c) is delinquent in payment of taxes, or of costs of performance of this Agreement in the ordinary course of business. Appointment of a trustee, receiver or liquidator for all or substantial part of CONTRACTOR's property, or institution of bankruptcy, reorganization, rearrangement of or liquidation proceedings by or against CONTRACTOR. (6) CONTRACTOR's inability to conform to changes required by Federal, State and local laws or regulations as provided in Section 4, and Section 24(D), of this Agreement. (7) The commission of an act of bankruptcy. (8) CONTRACTOR's violation of any law or regulation to which CONTRACTOR is bound or shall be bound under the terms of the Agreement. CITY shall promptly notify CONTRACTOR in writing of the decision to terminate and the effective date of termination. Simultaneous notice of pending termination maybe made to other funding source specified in Exhibit B. CITY may terminate this Agreement for convenience at any time. If CITY terminates this Agreement for convenience, CONTRACTOR will be paid an amount not to exceed the total of accrued expenditures as of the effective date of termination. In no event will this compensation exceed an amount which bears the same ratio to the total compensation as the services actually performed bears to the total services of CONTRACTOR covered by the Agreement, less payments previously made. CONTRACTOR may terminate this Agreement in whole or in part by ~vritten notice to CITY, if a termination of outside funding occurs upon which CONTRACTOR depends for performance hereunder. CONTRACTOR may opt, within the limitations of this Agreement, to seek an alternative funding source, with the approval of CITY, provided the termination by the outside funding source was not occasioned by a breach of contract as defined herein or as defined in a contract between CONTRACTOR and the funding source in question. Page 16 of 22 CONTRACTOR may terminate this Agreement upon the dissolution of CONTRACTOR's organization not occasioned by a breach of this Agreement. Do Upon receipt of notice to terminate, CONTRACTOR shall cancel, withdraw or otherwise terminate any outstanding orders or subcontracts, which relate to the performance of this Agreement. CITY shall not be liable to CONTRACTOR or CONTRACTOR's creditors for any expenses, encumbrances or obligations whatsoever incurred after the termination date. Notwithstanding any exercise by CITY of its right of suspension or termination, CONTRACTOR shall not be relieved of liability to CITY for damages sustained by CITY by virtue of any breach of the Agreement by CONTRACTOR, and CITY may withhold any reimbursement to CONTRACTOR until such time as the exact amount of damages due to CITY from CONTRACTOR is agreed upon or otherwise determined. 27. NOTIFICATION OF ACTION BROUGHT In the event that any claim, demand, suit or other action is made or brought by any person(s), firm corporation or other entity against CONTRACTOR, CONTRACTOR shall give written notice thereof to CITY within two working days after being notified of such claim, demand, suit or other action. Such notice shall state the date and hour of notification of any such claim, demand, suit or other action; the names and addresses of the person(s), firm, corporation or other entity making such claim, or that instituted or threatened to institute any type of action or proceeding; the basis of such claim, action or proceeding; and the name of any person(s) against whom such claim is being made or threatened. Such written notice shall be delivered either personally or by mail. 28. INDEMNIFICATION mo It is expressly understood and agreed by both parties hereto that CITY is contracting with CONTRACTOR as an independent contractor and that as such, CONTRACTOR shall save and hold CITY, its officers, agents and employees harmless from all liability of any nature or kind, including costs and expenses for, or on account of, any claims, audit exceptions, demands, suits or damages of any character whatsoever resulting in whole or in part from the performance or omission of any employee, agent or representative of CONTRACTOR. Bo CONTRACTOR agrees to provide the defense for, and to indemnify and hold harmless CITY its agents, employees, or contractors from any and all claims, suits, causes of action, demands, damages, losses, attorney fees, expenses, and liability arising out of the use of these contracted funds and program administration and Page 17 of 22 mo Do implementation except to the extent caused by the willful act or omission of CITY, its agents, employees, or contractors. 29. MISCELLANEOUS CONTRACTOR shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any claim arising thereunder, to any party or parties, bank, trust company or other financial institution without the prior written approval of CITY. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform to the original intent of both parties hereto. in no event shall any payment to CONTRACTOR hereunder, or any other act or failure of CITY to insist in any one or more instances upon the terms and conditions of this Agreement constitute or be construed in any way to be a waiver by CITY of any breach of covenant or default which may then or subsequently be committed by CONTRACTOR. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to CITY to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved. No representative or agent of CITY may waive the effect of this provision. This Agreement, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understanding or other commitment antecedent to this Agreement, whether written or oral, shall have no force or effect whatsoever; nor shall an agreement, assertion, statement, understanding, or other commitment occurring during the term of this Agreement, or subsequent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Agreement. In the event any disagreement or dispute should arise between the parties hereto pertaining to the interpretation or meaning of any part of this Agreement or its governing rules, codes, laxvs, ordinances or regulations, CITY as the party ultimately responsible to HUD for matters of compliance, will have the final authority to render or to secure an interpretation. For purposes of this Agreement, all official communications and notices among the parties shall be deemed made if sent postage paid to the parties and address set forth below: Page 18 of 22 Go CITY: City Manager City of Denton 215 E. McKinney St. Denton, Texas 76201 CONTRACTOR: HOPE, Inc.' ATTN: Executive Director 117 West Sycamore Denton, TX 76201 This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any litigation concerning this Agreement shall be in a court competent jurisdiction sitting in Denton County, Texas~ IN WITNESS OF WHICH this Agreement has been executed on this the ,2002. day of CITY OF DENTON ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: MICHAEL A. CONDUFF CITY MANAGER BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY ATTEST: BOARD SECRETARY BY: HOPE, INC. EXECUTIVE DIRECTOR Page 19 of 22 City of Denton - Community Development Division Qualifying Income Limits for Federally Assisted Programs FY 2002/2003 Maximum Income Levels Family Size 1 2 3 4 5 6 7 8 Moderate Income 80% AMI - <65% AMI Low Income 65% AMI - <50% AMI Very-Low Income 50% AMI - <30% AMI Extremely-Low Income <30% AMI $37,250- $30,251 $42,550- $34,601 $47,900- $38,901 $53,200- $43,251 $57,450- $46,701 $61,700- $50,151 $65,950- $53,601 $70,200- $57,051 Source: $30,250- $23,301 $34,600- $26,601 $38,900- $29,951 $43,250- $33,251 $46,700- $35,901 $50,150 - $38,551 $53,600- $41,251 $57,050 - $43,901 $23,300- $13,951 $26,600 - $15,951 $29,950- $17,951 $33,250-$19,951 $35,900- $21,551 $38,550- $23,151 $41,250- $24,751 $43,900- $26,351 $13,950 or Below $15,950 or Below $17,950 or Below $19,950 or Below $21,550 or Below $23,150 or Below $24,750 or Below $26,350 or Below U.S. Department of Housing and Urban Development Effective: October 2002 Pagc 20 of 22 EXHIBIT "A" WORK STATEMENT HOPE, INC. Program A The program will provide assistance to families who are homeless or potentially homeless, and who have the desire and ability to establish self-reliance. The funding requested will provide rent, utility, and food to client families for 30 - 90 days. The case manager will meet with the client families on a weekly basis to assist with defining goals, budget skills, assessment of job skills, educational needs, and community referral. Organization will monitor expenses, receipts, income, and attempts to move toward stated goals. Client families will have the ability, after program assistance, to maintain permanent housing. Program B The purpose of the project is to assist families who are documented under HUD guidelines as homeless, toward establishing and maintaining self-sufficiency. The funding will provide rent and utility assistance, and limited other financial aid, as determined by the needs of the transitional housing families. The transitional housing program will provide rent and utility assistance for 12 to 24 months. Organization will assist the transitional housing families with assessment of educational or vocational skills, budget skills, job search skills, and counseling or other social services. Organization will also monitor records of expenses incurred, receipts, and proof of income. Client families who are in the transitional housing program will be able, after the one or two year assistance period, to improve their situation enough to be able to afford decent, safe housing. Organization will utilize the assistance of the local non-profit service coordination agency to maintain client information in a centralized computer database. Organization will actively participate on the Denton County Homeless Coalition and will provide statistical information to the D.C.H.C. upon request in a reasonable time frame. OUTCOME MEASURES 75% of clients served will come from special needs populations as defined by the Continuum of Care Plan. Organization will assist 3 more families with transitional housing than were assisted in the 2000-2001 contract year. Page 21 of 22 EXHIBIT "B" PROJECT BUDGET HOPE, INC. Program A - 30/90 Day Assistance Program Program Budget $ 5,000.00 Funds may be used to pay for client rent, utilities, food, gas and other necessary expenses that would assist the client to maintain self-sufficiency. Only 15% or less of the funds may be used to pay for staff (case manager) salaries. Program B - Transitional Housing Program Error! No table of contents entries found.Funds may be used for rent assistance, rent deposits, utility assistance, and utility deposits for clients. Only 15% or less of the funds may be used to pay for staff (case manager) salaries. Page 22 of 22 Agenda 02-031 09/17/02 #19 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET September 17, 2002 Materials Management Kathy DuBose, Fiscal and Municipal Services~ Questions concerning this acquisition may be directed to Barbara Ross 349-7235 SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a contract for Domestic Violence, Sexual Assault, Crisis Intervention and Prevention Program; providing for the expenditure of funds therefore; and providing for an effective date (Bid 2883-Relationship Violence and Sexual Assault Program awarded to Demon County Friends of the Family, Inc. in the amoum of $36,000). BID INFORMATION This bid is to provide shelter and protective services to assist victims of domestic violence and sexual assault, as well as programs to reduce the incidence of domestic violence and sexual assault. RECOMMENDATION We recommend this be awarded to the sole bidder, Denton County Friends of the Family, Inc., in the amoum of $36,000. PLACE OF BUSINESS Denton County Friends of the Family, Inc. Denton, TX ESTIMATED SCHEDULE OF PROJECT This agreement shall commence upon approval and terminate on September 30, 2003, unless the contract is sooner terminated under Section VII "Suspension or Termination" of the contract agreement. FISCAL INFORMATION CDBG funds have been appropriated for this program from accoum 220099.7762 206076 A. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet 1-AIS-Bid 2883 Relationship Violence & Sexual Assault Program B]'D # 2883 Attachment 1 Date: 08/13/2002 RELATIONSHIP VIOLENCE AND SEXUAL ASSAULT PROGRAIVl Denton County Friends of the ~i!~ TOTAL BASE BID $36,000.00 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR DOMESTIC VIOLENCE, SEXUAL ASSAULT, CRISIS INTERVENTION AND PREVENTION PROGRAM; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (BID 2883-RELATIONSHIP VIOLENCE AND SEXUAL ASSAULT PROGRAM AWARDED TO DENTON COUNTY FRIENDS OF THE FAMILY, INC. IN THE AMOUNT OF $36,000). 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 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, equipmem, supplies or services as shown in 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, equipmem, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the following competitive bids for materials, equipment, supplies, or services, described in the "Bid Proposals" on file in the office of City's Purchasing Agem filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO. CONTRACTOR AMOUNT 2883 1 DeNon County Friends of the Family, Inc. $36,000 SECTION 2. That the acceptance and approval of the above competitive bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. That the City and persons submitting 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 bids, the City Manager or his designated represemative is hereby authorized to execute the written contracts which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documems herein approved and accepted. SECTION 4. That by the acceptance and approval of the above competitive bids, the City Council hereby authorizes the expenditure of funds therefor in the amoum and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-RELATIONSHIP VIOLENCE & SEXUAL ASSUALT PROGRAM 2002- 2003 SERVICE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND FRIENDS OF THE FAMILY BID//2883 This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Municipal Corporation, hereinafter referred to as "City", and Friends of the Family, P.O. Box 640, Denton, TX 76202, hereinafter referred to as "Organization"; WHEREAS, City's Human Services Advisory Committee ("HSAC") has reviewed the proposal for services and has determined that Organization performs an important service for the residents of Denton without regard to race, religion, color, age or national origin, and HSAC rec- ommends the purchase of services; and WI-IEREAS, City has determined that the proposal for services merits assistance and can provide needed services to citizens of City and has provided funds in its budget for the purpose of paying for contractual services; NOW, THEREFORE, the parties hereto mutually agree as follows: 1. SCOPE OF SERVICES Organization shall in a satisfactory and proper manner perform the following tasks, for which the monies provided by City may be used: A. Provide protective residential shelter for families with 24-hour service to shelter resi- dents. B. Provide counseling, on both a residential and non-residential basis, to family members, to assist them in dealing with the emotional and physical trauma of domestic violence. C. Provide counseling services to victims'of sexual assault and their families. D. Provide community education services concerning sexual assault and domestic violence. E. Provide a toll free crisis hotline available 24 hours per day to all individuals in need of access to domestic violence support issues, information and referral to other services. F. Provide child and adolescent treatment services for children ages 3 through 17 include play therapy, activity therapy, individual and group therapy. Organization shall perform those services described in the Work Statement herein attached as Exhibit A. Page 1 of 17 e OBLIGATIONS OF ORGANIZATION In consideration of the receipt of funds from City, Organization agrees to the following terms and conditions: Thirty Six Thousand Dollars ($36,000.00) may be paid to Organization by City, and the only expenditures reimbursed from these funds, shall be those in accordance with the pro- ject budget, attached hereto as Exhibit B and incorporated herein by reference, for those expenses listed in the scope of services as provided herein. Organization shall not utilize these funds for any other purpose. It will establish, operate, and maintain an account system for this program that will allow for a tracing of funds and a review of the financial status of the program. C. It will permit authorized officials of City to review its books at any time. Do It will reduce to writing all of its rules, regulations, and policies and file a copy with City's Community Development Division along with any amendments, additions, or revi- sions whenever adopted. It will not enter into any contracts that would encumber City funds for a period that would extend beyond the term of this Agreement. Fo It will promptly pay all bills when submitted unless there is a discrepancy in a bill; any errors or discrepancies in bills shall be promptly reported to City's Community Services Division for further direction. Go It will appoint a representative who will be available to meet with City officials when re- quested. Ho It will indemnify and hold harmless City from any and all claims and suits arising out of the activities of Organization, its employees, and/or contractors. I. It will submit to City copies of year-end audited financial statements. TIME OF PERFORMANCE The services funded by City shall be undertaken and completed by Organization within the following time frame: October 1, 2002 through September 30, 2003, unless the contract is sooner terminated under Section 7 "Suspension or Termination". Page 2 of 17 mo Bo Co Ao e COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS Organization shall comply with all applicable federal laws, laws of the State of Texas and ordinances of the City of Denton. Se REPRESENTATIONS Organization assures and guarantees that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Agreement. The person or persons signing and executing this Agreement on behalf of Organization, do hereby warrant and guarantee that he, she, or they have been fully authorized by Or- ganization to execute this Agreement on behalf of Organization and to validly and legally bind Organization to all terms, performances and provisions herein set forth. City shall have the right, at its option, to either temporarily suspend or permanently ter- minate this Agreement if there is a dispute as to the legal authority of either Organization or the person signing the Agreement to enter into this Agreement. Organization is liable to City for any money it has received from City for performance of the provisions of this Agreement if City has suspended or terminated this Agreement for the reasons enumer- ated in this Section. Organization agrees that the funds and resources provided Organization under the terms of this Agreement will in no way be substituted for funds and resources from other sources, nor in any way serve to reduce the resources, services, or other benefits which would have been available to, or provided through, Organization had this Agreement not been executed. e COVENANTS During the period of time that payment may be made hereunder and so long as any pay- ments remain unliquidated, Organization shall not, without the prior written consent of the Community Development Administrator or her authorized representative: Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the assets of Organization now owned or hereafter acquired by it, or permit any pre- existing mortgages, liens, or other encumbrances to remain on, or attached to, any assets of Organization which are allocated to the performance of this Agreement and with respect to which City has ownership hereunder. Page 3 of 17 Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes or claims for money due or to become due. (3) Sell, convey, or lease all or substantial part of its assets. (4) Make any advance or loan to, or incur any liability for any other firm, person, en- tity or corporation as guarantor, surety, or accommodation endorser. (5) Sell, donate, loan or transfer any equipment or item of personal property pur- chased with funds paid to Organization by City, unless City authorizes such trans- fer. Organization agrees, upon written request by City, to require its employees to attend training sessions sponsored by the Community Services Division. PAYMENTS PAYMENTS TO ORGANIZATION. City shall pay to Organization a maximum amount of money not to exceed Thirty Six Thousand Dollars ($36,000.00) for services rendered un- der this Agreement. City will pay these funds on a reimbursement basis to Organization within 20 days after City has received supporting documentation. Organization's failure to request reimbursement on a timely basis, may jeopardize present or future funding. EXCESS PAYMENT. Organization shall refund to City within ten working days of City's request, any sum of money which has been paid by City and which City at any time thereafter determines: (1) has resulted in overpayment to Organization; or (2) has not been spent strictly in accordance with the terms of this Agreement; or (3) is not supported by adequate documentation to fully justify the expenditure. Organization's reimbursement request for any one month period will not exceed one-fifth (1/5) of any budgeted line items for costs as specified in Exhibit B. DEOBLIGATION OF FUNDS/REVERSION OF ASSETS. In the event that actual expenditures deviate from Organization's provision of a corresponding level of performance, as speci- fied in Exhibit A, City hereby reserves the right to reappropriate or recapture any such under expended funds. If City finds that Organization is unwilling and/or unable to com- ply with any of the terms of this Contract, City may require a refund of any and all money expended pursuant to this Contract by Organization, as well as any remaining un- Page 4 of 17 Eo Ao Bo C° Do expended funds which shall be refunded to City within ten working days of a written no- tice to Organization to revert these financial assets. The reversion of these financial as- sets shall be in addition to any other remedy available to City either at law or in equity for breach of this Contract. CONTRACT CLOSE OUT. Organization shall submit the contract close out package to City, together with a final expenditure report, for the time period covered by the last invoice requesting reimbursement of funds under this Agreement, within 15 working days fol- lowing the close of the contract period. Organization shall utilize the form agreed upon by City and Organization. 0 MAINTENANCE OF RECORDS Organization agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under this Agreement, in compli- ance with the provisions of Exhibit B, attached hereto, and with any other applicable Federal and State regulations establishing standards for financial management. Organiza- tion's record system shall contain sufficient documentation to provide in detail full sup- port and justification for each expenditure. Nothing in this Section shall be construed to relieve Organization of fiscal accountability and liability under any other provision of this Agreement or any applicable law. Organization shall include the substance of this provi- sion in all subcontracts. Organization agrees to retain all books, records, documents, reports, and written account- ing procedures pertaining to the operation of programs and expenditures of funds under this Agreement for five years. Nothing in the above subsections shall be construed to relieve Organization of responsi- bility for retaining accurate and current records that clearly reflect the level and benefit of services provided under this Agreement. At any reasonable time and as often as City may deem necessary, the Organization shall make available to City, HUD, or any of their authorized representatives, all of its records and shall permit City, HUD, or any of their authorized representatives to audit, examine, make excerpts and copies of such records, and to conduct audits of all contracts, invoices, materials, payrolls, records of personnel, conditions or employment and all other data re- quested by said representatives. Page 5 of 17 e REPORTS AND INFORMATION At such times and in such form as City may require, Organization shall furnish such statements, records, data and information as City may request and deem pertinent to matters cov- ered by this Agreement. Organization shall submit quarterly beneficiary and financial reports to City no less than once each three months. The beneficiary report shall detail client information, including race, income, female head of household and other statistics required by City. The financial report shall include information and data relative to all programmatic and financial reporting as of the begin- ning date specified in Section 1 of this Agreement. Unless the City has granted a written exemption, Organization shall submit an audit con- ducted by independent examiners with ten days after receipt of such. 10. EVALUATION Organization agrees to participate in an implementation and maintenance system whereby the services can be continuously monitored. Organization agrees to make available its financial records for review by City at City's discretion. In addition, Organization agrees to provide City the following data and reports, or copies thereofi All external or internal audits. Organization shall submit a copy of the annual independ- ent audit to City within ten days of receipt. B. All external or internal evaluation reports. Quarterly performance/beneficiary reports to be submitted in January, April, July and September, to include such information as requested by the City's Community Develop- ment Division including but not limited to: number of persons or households assisted, race, gender, disability status and household income. Beneficiary reports shall be due to City within 15 working days after the completion of each quarter. Organization agrees to submit quarterly financial statements in January, April, July, and September. Each statement shall include current and year-to-date period accounting of all revenues, expenditures, outstanding obligations and beginning and ending balances. Financial reports shall be due to City within 15 working days after the completion of each quarter. E. An explanation of any major changes in program services. Page 6 of 17 To comply with this section, Organization agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of funds received and the services performed under this Agreement. Organization's record system shall contain sufficient documentation to provide in detail full support and justification for each ex- penditure. Organization agrees to retain all books, records, documents, reports, and writ- ten accounting procedures pertaining to the services provided and expenditure of funds under this Agreement for the period of time and under the conditions specified by the City. Go Nothing in the above subsections shall be construed to relieve Organization of responsi- bility for retaining accurate and current records that clearly reflect the level and benefit of services provided under this Agreement. 11. DIRECTORS' MEETINGS During the term of this Agreement, Organization shall deliver to City copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to City in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. Organization understands and agrees that City's representatives shall be afforded access to all meetings of its Board of Directors. Minutes of all meetings of Organization's governing body shall be available to City within 10 days after Board approval. 12. SUSPENSION OR TERMINATION mo The City may terminate this Agreement with cause if the Organization violates any cove- nants, agreements, or guarantees of this Agreement, the Organization's insolvency or fil- ing of bankruptcy, dissolution, or receivership, or the Organization's violation of any law or regulation to which it is bound under the terms of this Agreement. B° The City may terminate this Agreement for convenience at any time. If the City termi- nates this Agreement for convenience, Organization will be paid an amount not to exceed the total amount of accrued expenditures as of the effective date of termination. In no event will this compensation exceed an amount, which bears the same ratio to the total compensation as the services actually performed bears to the total services of Organiza- tion covered by the Agreement, less payments previously made. In case of suspension, City shall advise Organization, in writing, as to conditions prece- dent to the resumption of funding and specify a reasonable date for compliance. Page 7 of 17 nation. A. Bo Bo Co In case of termination, Organization will remit to City any unexpended City funds. Ac- ceptance of these funds shall not constitute a waiver of any claim City may otherwise have arising out of this Agreement. 13. PERSONNEL POLICIES Personnel policies shall be established by Organization and shall be available for exami- Such personnel policies shall: Be no more liberal than City's personnel policies, procedures, and practices, including policies with respect to employment, salary and wage rates, working hours and holidays, fringe benefits, vacation and sick leave privileges, and travel; and Be in writing and shall be approved by the governing body of Organization and by City. 14. EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS Organization will submit for City approval, a written plan for compliance with the Equal Employment and Affirmative Action Federal provisions, within one hundred twenty (120) days of the effective date of this Agreement. Organization shall comply with all applicable equal employment opportunity and af- firmative action laws or regulations. Organization will furnish all information and reports requested by City, and will permit access to its books, records, and accounts for purposes of investigation to ascertain com- pliance with local, State and Federal rules and regulations. In the event of Organization's non-compliance with the non-discrimination requirements, the Agreement may be canceled, terminated, or suspended in whole or in part, and Or- ganization may be barred from further contracts with City. 15. WARRANTIES Organization represents and warrants that: All information, reports and data heretofore or hereafter requested by City and furnished to City, are complete and accurate as of the date shown on the information, data, or re- port, and, since that date, have not undergone any significant change without written no- tice to City. Page 8 of 17 Bo Co Do Eo mo Bo Co Any supporting financial statements heretofore requested by City and furnished to City, are complete, accurate and fairly reflect the financial conditions of Organization on the date shown on said report, and the results of the operation for the period covered by the report, and that since said date, there has been no material change, adverse or otherwise, in the financial condition of Organization. No litigation or legal proceedings are presently pending or threatened against Organiza- tion. None of the provisions herein contravene or are in conflict with the authority under which Organization is doing business or with the provisions of any existing indenture or agree- ment of Organization. Organization has the power to enter into this Agreement and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and con- ditions of this Agreement. None of the assets of Organization are subject to any lien or encumbrance of any charac- ter, except for current taxes not delinquent, except as shown in the financial statements furnished by Organization to City. Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for payment. 16. CHANGES AND AMENDMENTS Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of this Agreement expressly provide that another method shall be used. Organization may not make transfers between or among approved line items within budget categories set forth in Exhibit B without prior written approval of the Community Development Administrator for the City. Organization shall request, in writing, the budget revision in a form prescribed by City, and such request for revision shall not in- crease the total monetary obligation of City under this Agreement. In addition, budget revisions cannot significantly change the nature, intent, or scope of the program funded under this Agreement. Organization will submit revised budget and program information, whenever the level of funding for Organization or the program(s) described herein is altered according to the total levels contained in any portion of Exhibit B. Page 9 of 17 It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such modifications are to be automatically incorporated into this Agreement without writ- ten amendment hereto, and shall become a part of the Agreement on the effective date specified by the law or regulation. City may, from time to time during the term of the Agreement, request changes in Exhibit A which may include an increase or decrease in the amount of Organization's compensa- tion. Such changes shall be incorporated in a written amendment hereto, as provided in Subsection A of this Section. Any alterations, deletions, or additions to the Contract Budget Detail incorporated in Ex- hibit B shall require the prior written approval of City. Go Organization agrees to notify City of any proposed change in physical location for work performed under this Agreement at least 30 calendar days in advance of the change. Organization shall notify City of any changes in personnel or governing board composi- tion. It is expressly understood that neither the performance of Exhibit A for any program con- tracted hereunder nor the transfer of funds between or among said programs will be per- mitted. 17. NOTIFICATION OF ACTION BROUGHT In the event that any claim, demand, suit or other action is made or brought by any per- son(s), firm corporation or other entity against Organization, Organization shall give written no- tice thereof to City within two working days after being notified of such claim, demand, suit or other action. Such notice shall state the date and hour of notification of any such claim, demand, suit or other action; the names and addresses of the person(s), firm, corporation or other entity making such claim, or that instituted or threatened to institute any type of action or proceeding; the basis of such claim, action or proceeding; and the name of any person(s) against whom such claim is being made or threatened. Such written notice shall be delivered either personally or by mail. 18. INDEMNIFICATION Ae It is expressly understood and agreed by both parties hereto that City is contracting with Organization as an independent contractor and that as such, Organization shall save and hold City, its officers, agents and employees harmless from all liabil- ity of any nature or kind, including costs and expenses for, or on account of, any Page 10 of 17 Be Ao Bo Do mo Fo claims, audit exceptions, demands, suits or damages of any character whatsoever re- sulting in whole or in part from the performance or omission of any employee, agent or representative of Organization. Organization agrees to provide the defense for, and to indemnify and hold harmless City its agents, employees, or contractors from any and all claims, suits, causes of action, demands, damages, losses, attorney fees, expenses, and liability arising out of the use of these contracted funds and program administration and implementation except to the extent caused by the willful act or omission of City, its agents or em- ployees. 19. INSURANCE Organization shall observe sound business practices with respect to providing such bond- ing and insurance as would provide adequate coverage for services offered under this Agreement. The premises on and in which the activities described in Exhibit A are conducted, the employees conducting these activities, shall be covered by premise liability insurance, commonly referred to as "Owner/Tenant" coverage with City named as an additional in- sured. Upon request of Organization, City may, at its sole discretion, approve alternate insurance coverage arrangements. Organization will comply with applicable workers' compensation statutes and will obtain employers' liability coverage where available and other appropriate liability coverage for program participants, if applicable. Organization will maintain adequate and continuous liability insurance on all vehicles owned, leased, or operated by Organization. All employees of Organization who are re- quired to drive a vehicle in the normal scope and course of their employment must pos- sess a valid Texas Driver's license and automobile liability insurance. Evidence of the employee's current possession of a valid license and insurance must be maintained on a current basis in Organization's files. Actual losses are not covered by insurance as required by this Section are not allowable costs under this Agreement, and remain the sole responsibility of Organization. The policy or policies of insurance shall contain a clause which requires that City and Organization be notified in writing of any cancellation or change in the policy at least 30 days prior to such change or cancellation. Page 11 of 17 20. CONFLICT OF INTEREST mo Organization covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Organization further covenants that in the performance of this Agreement, no person having such inter- est shall be employed or appointed as a member of its governing body. Organization further covenants that no member of its governing body or its staff, subcon- tractors or employees shall possess any interest in or use his/her position for a purpose that is or gives the appearance of being motivated by desire for private gain for him- self/herself, or others; particularly those with which he/she has family, business, or other ties. Co No officer, member, or employee of City and no member of its governing body who ex- ercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall participate in any decision relating to the Agreement which affects his or her personal interest or the interest in any corporation, partnership, or association in which he or she has a direct or indirect interest. 21. NEPOTISM Organization shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by Organization, or is a member of Organization's governing board. The term "member of immediate family" includes: wife, hus- band, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, steppar- ent, stepchild, half-brother and half-sister. 22. NOTICE Any notice or other written instrument required or permitted to be delivered under the terms of this Agreement shall be deemed to have been delivered, whether actually received or not, when deposited in the United States mail, postage prepaid, registered or certified, return re- ceipt requested, addressed to Organization or City, as the case may be, at the following ad- dresses: CITY ORGANIZATION City of Denton, Texas Attn: City Manager 215 E. McKinney Denton, TX 76201 Friends of the Family ATTN: Executive Director P.O. Box 640 Denton, TX 76202 Page 12 of 17 Either party may change its mailing address by sending notice of change of address to the other at the above address by certified mail, return receipt requested. 23. MISCELLANEOUS Organization shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any claim arising thereunder to any party or parties, bank, trust company or other financial institution without the prior written approval of City. Bo If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the re- maining provisions shall remain in full force and effect and continue to conform to the original intent of both parties hereto. Co In no event shall any payment to Organization hereunder, or any other act or failure of City to insist in any one or more instances upon the terms and conditions of this Agree- ment constitute or be construed in any way to be a waiver by City of any breach of cove- nant or default which may then or subsequently be committed by Organization. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to City to enforce its rights hereunder, which rights, pow- ers, privileges, or remedies are always specifically preserved. No representative or agent of City may waive the effect of this provision. Do This Agreement, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, un- derstanding, or other commitment occurring during the term of this Agreement, or subse- quent thereto, have any legal force or effect whatsoever, unless properly executed in writ- ing, and if appropriate, recorded as an amendment of this Agreement. Eo In the event any disagreement or dispute should arise between the parties hereto pertain- ing to the interpretation or meaning of any part of this Agreement or its governing rules, codes, laws, ordinances, or regulations, City as the party ultimately responsible to HUD for matters of compliance, will have the final authority to render or to secure an interpre- tation. This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any litigation concerning this Agreement shall be in a court of competent juris- diction sitting in Denton County, Texas. IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this Agreement as of the day of ., 2002. Page 13 of 17 CITY OF DENTON, TEXAS ATTEST: JENNIFER WALTERS CITY SECRETARY BY: MICHAEL A. CONDUFF CITY MANAGER BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY CITY ATTORNEY BY: ATTEST: EXECUTIVE DI{~CTOR Page 14 of 17 City of Denton - Community Development Division Qualifying Income Limits for Federally Assisted Programs FY 2002/2003 Maximum Income Levels Family Size Moderate Income 80% AMI - <65% AMI Low Income 65% AMI - <50% AMI Very-Low Income 50% AMI - <30% AMI Extremely-Low Income _<30% AMI $37,250 - $30,251 $42,550- $34,601 $47,900- $38,901 $53,200- $43,251 $57,450- $46,701 $61,700- $50,151 $65,950- $53,601 $70,200- $57,051 Source: $30,250- $23,301 $34,600- $26,601 $38,900- $29,951 $43,250- $33,251 $46,700 - $35,901 $50,150- $38,551 $53,600- $41,251 $57,050 - $43,901 $23,300- $13,951 $26,600- $15,951 $29,950 - $17,951 $33,250- $19,951 $35,900- $21,551 $38,550- $23,151 $41,250- $24,751 $43,900- $26,351 $13,950 or Below $15,950 or Below $17,950 or Below $19,950 or Below $21,550 or Below $23,150 or Below $24,750 or Below $26,350 or Below U.S. Department of Housing and Urban Development Effective: October 2002 Page 15 of 17 EXHIBIT "A" WORK STATEMENT FRIENDS OF THE FAMILY · Accept clients without regard to income level, age, gender, race, national origin, physical handicap, sexual preference, or political persuasion. · Meet or exceed the shelter guidelines of the appropriate licensing or accreditation entity. · Provide a toll free, 24-hour crisis hotline available to residents of Denton in a relationship violence crisis, sexual assault crisis or in need of information and referral. · Provide protective residential shelter for families with 24-hour service to shelter resi- dents. · Provide relationship violence outreach including community education to all residents of Denton with an emphasis on low-income areas of the community. · Provide a sexual assault program including a rape crisis team on call 24 hours per day to advocate for the victim, a Rape Crisis Advocate, information and support, and individual and group counseling. · Provide child and adolescent treatment services for ages 3 through 17 including play therapy, activity therapy, and individual and group therapy. · Provide a batterers intervention program geared to facilitate the batterer to take responsi- bility for his or her abusive behavior and generate non-controlling, non-abusive behaviors to handle situations. · Provide a parenting program designed specifically for families experiencing crisis and extreme stress or refer victims of domestic violence to such a program in the community.. · Work with other human service agencies to assist homeless or potentially homeless fami- lies to achieve self-sufficiency. · Work with local homeless providers to provide housing and transitional services to home- less and potentially homeless families who are victims of domestic violence and/or sexual assault. · Participate in the Denton County Homeless Coalition and provide statistical information to the Denton County Homeless Coalition upon request in a reasonable time frame. OUTCOME MEASURES · Provide services to at least 500 City of Denton residents during the contract year. · Assist at least 12 City of Denton households to move from the shelter into a tran- sitional housing or permanent housing program. Page 16 of 17 EXHIBIT "B" BUDGET FRIENDS OF THE FAMILY TOTAL CONTRACT BUDGET Employee Salaries (Direct Care Staff Only) Monthly Request $36,000.00 $36,000.00 $ 3.000.00 Page 17 of 17 This page left blank intemionally. AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET September 17, 2002 Materials Management Kathy DuBose, Fiscal and Municipal Services~ Agenda 02-031 09/17/02 #20 Questions concerning this acquisition may be directed to Barbara Ross 349-7235 SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a contract for Childcare Expansion Program for Low-Income Children; providing for the expenditure of funds therefore; and providing for an effective date (Bid 2892-Childcare Expansion Program for Low-Income Children awarded to Demon Christian Preschool in the amount of $30,000). BID INFORMATION The Childcare Expansion Program for Low-Income Children will provide licensed childcare services on a sliding fee scale to at-risk preschool children from low-income households. The children are ages three and four years old, and are at-risk of not succeeding in the public school system without early intervention. RECOMMENDATION We recommend this be awarded to the sole bidder, Demon Christian Preschool, in the amount of $30,000. PLACE OF BUSINESS Denton Christian Preschool Denton, TX ESTIMATED SCHEDULE OF PROJECT This agreemem shall commence upon approval and terminate on September 30, 2003, unless the contract is sooner terminated under Section VII "Suspension or Termination" of the contract agreement. FISCAL INFORMATION CDBG funds have been appropriated for this program from account 220099.7762 325307 A. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachmem 1: Tabulation Sheet Bid # 2892 Attachment 1 Date: 9/3/02 Childcare Expansion Program For Low Income Families Denton Christian 1 TOTAL BASE BID $30,000.00 3 7 9 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR CHILDCARE EXPANSION PROGRAM FOR LOW-INCOME CHILDREN; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (BID 2892-CHILDCARE EXPANSION PROGRAM FOR LOW- INCOME CHILDREN AWARDED TO DENTON CHRISTIAN PRESCHOOL IN THE AMOUNT OF $30,000). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipmem, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipmem, supplies or services as shown in 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, equipmem, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the following competitive bids for materials, equipmem, supplies, or services, described in the "Bid Proposals" on file in the office of City's Purchasing Agem filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO. CONTRACTOR AMOUNT 2892 1 DeNon Christian Preschool $30,000 SECTION 2. That the acceptance and approval of the above competitive bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipmem, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. That the City and persons submitting 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 bids, the City Manager or his designated represemative is hereby authorized to execute the written contracts which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documems herein approved and accepted. SECTION 4. That by the acceptance and approval of the above competitive bids, 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 herein. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-BID 2892 CHILDCARE EXPANSION PROGRAM 2002-2003 SERVICE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DENTON CHRISTIAN PRESCHOOL BID # 2892 This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Municipal Corporation, hereinafter referred to as "City", and Denton Christian Pre- school, 1114 West University Drive, Denton, TX 76201, a non-profit corporation, hereinafter referred to as "Organization"; WHEREAS, City's Human Services Advisory Committee ("HSAC") has reviewed the proposal for services and has determined that Organization performs an important service for the residents of Denton without regard to race, religion, color, age or national origin, and HSAC rec- ommends the purchase of services; and WHEREAS, City has determined that the proposal for services merits assistance and can provide needed services to citizens of City and has provided funds in its budget for the purpose of paying for contractual services; NOW, THEREFORE, the parties hereto mutually agree as follows: SCOPE OF SERVICES Organization shall in a satisfactory and proper manner perform the following tasks, for which the monies provided by City may be used: mo Provide low cost day care for at least eleven children between the ages of 3 and 4 years old from low-income households who would not have been served by the organization without CITY funds. Provide day care between 8:30 a.m. and 11:30 a.m. Monday through Friday and provide one full meal and snack to the children daily. Organization shall perform those services described in the Work Statement herein at- tached as Exhibit A. OBLIGATIONS OF ORGANIZATION In consideration of the receipt of funds from City, Organization agrees to the following terms and conditions: Thirty Thousand Dollars ($30,000.00) may be paid to Organization by City, and the only expenditures reimbursed from these funds, shall be those in accordance with the project Page 1 of 17 budget, attached hereto as Exhibit B and incorporated herein by reference, for those ex- penses listed in the scope of services as provided herein. Organization shall not utilize these funds for any other purpose. Bo It will establish, operate, and maintain an account system for this program that will allow for a tracing of funds and a review of the financial status of the program. C. It will permit authorized officials of City to review its books at any time. Do It will reduce to writing all of its rules, regulations, and policies and file a copy with City's Community Services Office along with any amendments, additions, or revisions whenever adopted. Eo It will not enter into any contracts that would encumber City funds for a period that would extend beyond the term of this Agreement. Fo It will promptly pay all bills when submitted unless there is a discrepancy in a bill; any errors or discrepancies in bills shall be promptly reported to City's Community Services Division for further direction. Go It will appoint a representative who will be available to meet with City officials when re- quested. It will indemnify and hold harmless City from any and all claims and suits arising out of the activities of Organization, its employees, and/or contractors. I. It will submit to City copies of year-end audited financial statements. TIME OF PERFORMANCE The services funded by City shall be undertaken and completed by Organization within the following time frame: October 1, 2002 through September 30, 2003, unless the contract is sooner terminated under Section 7 "Suspension or Termination". m COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS mo Organization shall comply with all applicable federal laws, laws of the State of Texas and ordinances of the City of Denton. Page 2 of 17 mo REPRESENTATIONS Organization assures and guarantees that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Agreement. The person or persons signing and executing this Agreement on behalf of Organization, do hereby warrant and guarantee that he, she, or they have been fully authorized by Or- ganization to execute this Agreement on behalf of Organization and to validly and legally bind Organization to all terms, performances and provisions herein set forth. City shall have the right, at its option, to either temporarily suspend or permanently ter- minate this Agreement if there is a dispute as to the legal authority of either Organization or the person signing the Agreement to enter into this Agreement. Organization is liable to City for any money it has received from City for performance of the provisions of this Agreement if City has suspended or terminated this Agreement for the reasons enumer- ated in this Section. Organization agrees that the funds and resources provided Organization under the terms of this Agreement will in no way be substituted for funds and resources from other sources, nor in any way serve to reduce the resources, services, or other benefits which would have been available to, or provided through, Organization had this Agreement not been executed. COVENANTS During the period of time that payment may be made hereunder and so long as any pay- ments remain unliquidated, Organization shall not, without the prior written consent of the Community Development Administrator or her authorized representative: (1) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the assets of Organization now owned or hereafter acquired by it, or permit any pre- existing mortgages, liens, or other encumbrances to remain on, or attached to, any assets of Organization which are allocated to the performance of this Agreement and with respect to which City has ownership hereunder. (2) Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes or claims for money due or to become due. (3) Sell, convey, or lease all or substantial part of its assets. (4) Make any advance or loan to, or incur any liability for any other firm, person, en tity or corporation as guarantor, surety, or accommodation endorser. Page 3 of 17 Bo Co Do mo (5) Sell, donate, loan or transfer any equipment or item of personal property pur- chased with funds paid to Organization by City, unless City authorizes such trans- fer. Organization agrees, upon written request by City, to require its employees to attend training sessions sponsored by the Community Services Division. PAYMENTS PAYMENTS TO ORGANIZATION. City shall pay to Organization a maximum amount of money not to exceed Thirty Thousand Dollars ($30,000.00) for services rendered under this Agreement. City will pay these funds on a reimbursement basis to Organization within 20 days after City has received supporting documentation. Organization's failure to request reimbursement on a timely basis, may jeopardize present or future funding. EXCESS PAYMENT. Organization shall refund to City within ten working days of City's request, any sum of money which has been paid by City and which City at any time thereafter determines: (1) has resulted in overpayment to Organization; or (2) has not been spent strictly in accordance with the terms of this Agreement; or (3) is not supported by adequate documentation to fully justify the expenditure. Organization's reimbursement request for any one month period will not exceed one-fifth (1/5) of any budgeted line items for costs as specified in Exhibit B. DEOBLIGATION OF FUNDS/REVERSION OF ASSETS. In the event that actual expenditures deviate from Organization's provision of a corresponding level of performance, as speci- fied in Exhibit A, City hereby reserves the right to reappropriate or recapture any such under expended funds. If City finds that Organization is unwilling and/or unable to com- ply with any of the terms of this Contract, City may require a refund of any and all money expended pursuant to this Contract by Organization, as well as any remaining un- expended funds which shall be refunded to City within ten working days of a written no- tice to Organization to revert these financial assets. The reversion of these financial as- sets shall be in addition to any other remedy available to City either at law or in equity for breach of this Contract. CONTRACT CLOSE OUT. Organization shall submit the contract close out package to City, together with a final expenditure report, for the time period covered by the last invoice requesting reimbursement of funds under this Agreement, within 15 working days following the close of the contract period. Organization shall utilize the form agreed Page 4 of 17 lowing the close of the contract period. Organization shall utilize the form agreed upon by City and Organization. ge MAINTENANCE OF RECORDS Organization agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under this Agreement, in compli- ance with the provisions of Exhibit B, attached hereto, and with any other applicable Federal and State regulations establishing standards for financial management. Organiza- tion's record system shall contain sufficient documentation to provide in detail full sup- port and justification for each expenditure. Nothing in this Section shall be construed to relieve Organization of fiscal accountability and liability under any other provision of this Agreement or any applicable law. Organization shall include the substance of this provi- sion in all subcontracts. Organization agrees to retain all books, records, documents, reports, and written account- ing procedures pertaining to the operation of programs and expenditures of funds under this Agreement for five years. Nothing in the above subsections shall be construed to relieve Organization of responsi- bility for retaining accurate and current records which clearly reflect the level and benefit of services provided under this Agreement. At any reasonable time and as often as City may deem necessary, the Organization shall make available to City, HUD, or any of their authorized representatives, all of its records and shall permit City, HUD, or any of their authorized representatives to audit, examine, make excerpts and copies of such records, and to conduct audits of all contracts, invoices, materials, payrolls, records of personnel, conditions or employment and all other data re- quested by said representatives. 0 REPORTS AND INFORMATION At such times and in such form as City may require, Organization shall furnish such statements, records, data and information as City may request and deem pertinent to matters cov- ered by this Agreement. Organization shall submit quarterly beneficiary and financial reports to City no less than once each three months. The beneficiary report shall detail client information, including race, income, female head of household and other statistics required by City. The financial report shall include information and data relative to all programmatic and financial reporting as of the begin- ning date specified in Section 1 of this Agreement. Page 5 of 17 Unless the City has granted a written exemption, Organization shall submit an audit con- ducted by independent examiners with ten days after receipt of such. 10. EVALUATION Organization agrees to participate in an implementation and maintenance system whereby the services can be continuously monitored. Organization agrees to make available its financial records for review by City at City's discretion. In addition, Organization agrees to provide City the following data and reports, or copies thereofi mo All external or internal audits. Organization shall submit a copy of the annual independ- ent audit to City within ten days of receipt. B. All extemal or internal evaluation reports. Quarterly performance/beneficiary reports to be submitted in January, April, July and September, to include such information as requested by the City' Community Services Division including but not limited to: number of persons or households assisted, race, gender, disability status and household income. Beneficiary reports shall be due to City within 15 working days after the completion of each quarter. Organization agrees to submit quarterly financial statements in January, April, July, and September. Each statement shall include current and year-to-date period accounting of all revenues, expenditures, outstanding obligations and beginning and ending balances. Financial reports shall be due to City within 15 working days after the completion of each quarter. E. An explanation of any major changes in program services. To comply with this section, Organization agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of funds received and the services performed under this Agreement. Organization's record system shall contain sufficient documentation to provide in detail full support and justification for each ex- penditure. Organization agrees to retain all books, records, documents, reports, and writ- ten accounting procedures pertaining to the services provided and expenditure of funds under this Agreement for the period of time and under the conditions specified by the City. Nothing in the above subsections shall be construed to relieve Organization of responsi- bility for retaining accurate and current records, which clearly reflect the level and benefit of services, provided under this Agreement. Page 6 of 17 11. DIRECTOR'S MEETINGS During the term of this Agreement, Organization shall deliver to City copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to City in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. Organization understands and agrees that City's representatives shall be afforded access to all meetings of its Board of Directors. Minutes of all meetings of Organization's governing body shall be available to City within 10 days after Board approval. 12. SUSPENSION OR TERMINATION mo The City may terminate this Agreement with cause if the Organization violates any cove- nants, agreements, or guarantees of this Agreement, the Organization's insolvency or fil- ing of bankruptcy, dissolution, or receivership, or the Organization's violation of any law or regulation to which it is bound under the terms of this Agreement. Bo The City may terminate this Agreement for convenience at any time. If the City termi- nates this Agreement for convenience, Organization will be paid an amount not to exceed the total amount of accrued expenditures as of the effective date of termination. In no event will this compensation exceed an amount, which bears the same ratio to the total compensation as the services actually performed bears to the total services of Organiza- tion covered by the Agreement, less payments previously made. In case of suspension, City shall advise Organization, in writing, as to conditions prece- dent to the resumption of funding and specify a reasonable date for compliance. In case of termination, Organization will remit to City any unexpended City funds. Ac- ceptance of these funds shall not constitute a waiver of any claim City may otherwise have arising out of this Agreement. 13. PERSONNEL POLICIES Personnel policies shall be established by Organization and shall be available for exami- nation. Such personnel policies shall: mo Be no more liberal than City's personnel policies, procedures, and practices, including policies with respect to employment, salary and wage rates, working hours and holidays, fringe benefits, vacation and sick leave privileges, and travel; and B. Be in writing and shall be approved by the governing body of Organization and by City. Page 7 of 17 mo Bo Do mo C° D° E° 14. EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS Organization will submit for City approval, a written plan for compliance with the Equal Employment and Affirmative Action Federal provisions, within one hundred twenty (120) days of the effective date of this Agreement. Organization shall comply with all applicable equal employment opportunity and af- firmative action laws or regulations. Organization will fumish all information and reports requested by City, and will permit access to its books, records, and accounts for purposes of investigation to ascertain com- pliance with local, State and Federal rules and regulations. In the event of Organization's non-compliance with the non-discrimination requirements, the Agreement may be canceled, terminated, or suspended in whole or in part, and Or- ganization may be barred from further contracts with City. 15. WARRANTIES Organization represents and warrants that: All information, reports and data heretofore or hereafter requested by City and furnished to City, are complete and accurate as of the date shown on the information, data, or re- port, and, since that date, have not undergone any significant change without written no- tice to City. Any supporting financial statements heretofore requested by City and furnished to City, are complete, accurate and fairly reflect the financial conditions of Organization on the date shown on said report, and the results of the operation for the period covered by the report, and that since said date, there has been no material change, adverse or otherwise, in the financial condition of Organization. No litigation or legal proceedings are presently pending or threatened against Organiza- tion. None of the provisions herein contravene or are in conflict with the authority under which Organization is doing business or with the provisions of any existing indenture or agree- ment of Organization. Organization has the power to enter into this Agreement and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and con- ditions of this Agreement. Page 8 of 17 None of the assets of Organization are subject to any lien or encumbrance of any charac- ter, except for current taxes not delinquent, except as shown in the financial statements furnished by Organization to City. Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for payment. 16. CHANGES AND AMENDMENTS mo Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of this Agreement expressly provide that another method shall be used. Bo Organization may not make transfers between or among approved line items within budget categories set forth in Exhibit B without prior written approval of the Community Development Administrator for the City. Organization shall request, in writing, the budget revision in a form prescribed by City, and such request for revision shall not in- crease the total monetary obligation of City under this Agreement. In addition, budget revisions cannot significantly change the nature, intent, or scope of the program funded under this Agreement. Co Organization will submit revised budget and program information, whenever the level of funding for Organization or the program(s) described herein is altered according to the total levels contained in any portion of Exhibit B. Do It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such modifications are to be automatically incorporated into this Agreement without writ- ten amendment hereto, and shall become a part of the Agreement on the effective date specified by the law or regulation. Eo City may, from time to time during the term of the Agreement, request changes in Exhibit A which may include an increase or decrease in the amount of Organization's compensa- tion. Such changes shall be incorporated in a written amendment hereto, as provided in Subsection A of this Section. Fo Any alterations, deletions, or additions to the Contract Budget Detail incorporated in Ex- hibit B shall require the prior written approval of City. G° Organization agrees to notify City of any proposed change in physical location for work performed under this Agreement at least 30 calendar days in advance of the change. Ho Organization shall notify City of any changes in personnel or governing board composi- tion. Page 9 of 17 It is expressly understood that neither the performance of Exhibit A for any program con- tracted hereunder nor the transfer of funds between or among said programs will be per- mitted. 17. NOTIFICATION OF ACTION BROUGHT In the event that any claim, demand, suit or other action is made or brought by any per- son(s), firm corporation or other entity against Organization, Organization shall give written no- tice thereof to City within two working days after being notified of such claim, demand, suit or other action. Such notice shall state the date and hour of notification of any such claim, demand, suit or other action; the names and addresses of the person(s), firm, corporation or other entity making such claim, or that instituted or threatened to institute any type of action or proceeding; the basis of such claim, action or proceeding; and the name of any person(s) against whom such claim is being made or threatened. Such written notice shall be delivered either personally or by mail. 18. INDEMNIFICATION Ae It is expressly understood and agreed by both parties hereto that City is contracting with Organization as an independent contractor and that as such, Organization shall save and hold City, its officers, agents and employees harmless from all liabil- ity of any nature or kind, including costs and expenses for, or on account of, any claims, audit exceptions, demands, suits or damages of any character whatsoever re- sulting in whole or in part from the performance or omission of any employee, agent or representative of Organization. Organization agrees to provide the defense for, and to indemnify and hold harmless City its agents, employees, or contractors from any and all claims, suits, causes of action, demands, damages, losses, attorney fees, expenses, and liability arising out of the use of these contracted funds and program administration and implementation except to the extent caused by the willful act or omission of City, its agents or em- ployees. 19. INSURANCE Organization shall observe sound business practices with respect to providing such bond- ing and insurance as would provide adequate coverage for services offered under this Agreement. Bo The premises on and in which the activities described in Exhibit A are conducted, the employees conducting these activities, shall be covered by premise liability insurance, Page 10 of 17 Co D° Fo A° Bo Co commonly referred to as "Owner/Tenant" coverage with City named as an additional in- sured. Upon request of Organization, City may, at its sole discretion, approve altemate insurance coverage arrangements. Organization will comply with applicable workers' compensation statutes and will obtain employers' liability coverage where available and other appropriate liability coverage for program participants, if applicable. Organization will maintain adequate and continuous liability insurance on all vehicles owned, leased, or operated by Organization. All employees of Organization who are re- quired to drive a vehicle in the normal scope and course of their employment must pos- sess a valid Texas Driver's license and automobile liability insurance. Evidence of the employee's current possession of a valid license and insurance must be maintained on a current basis in Organization's files. Actual losses are not covered by insurance as required by this Section are not allowable costs under this Agreement, and remain the sole responsibility of Organization. The policy or policies of insurance shall contain a clause which requires that City and Organization be notified in writing of any cancellation or change in the policy at least 30 days prior to such change or cancellation. 20. CONFLICT OF INTEREST Organization covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Organization further covenants that in the performance of this Agreement, no person having such inter- est shall be employed or appointed as a member of its governing body. Organization further covenants that no member of its governing body or its staff, subcon- tractors or employees shall possess any interest in or use his/her position for a purpose that is or gives the appearance of being motivated by desire for private gain for him- self/herself, or others; particularly those with which he/she has family, business, or other ties. No officer, member, or employee of City and no member of its governing body who ex- ercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall participate in any decision relating to the Agreement which affects his or her personal interest or the interest in any corporation, partnership, or association in which he or she has a direct or indirect interest. Page 11 of 17 21. NEPOTISM Organization shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by Organization, or is a member of Organization's governing board. The term "member of immediate family" includes: wife, hus- band, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, steppar- ent, stepchild, half-brother and half-sister. 22. NOTICE Any notice or other written instrument required or permitted to be delivered under the terms of this Agreement shall be deemed to have been delivered, whether actually received or not, when deposited in the United States mail, postage prepaid, registered or certified, return re- ceipt requested, addressed to Organization or City, as the case may be, at the following ad- dresses: CITY ORGANIZATION City of Denton, Texas Attn: City Manager 215 E. McKinney Denton, TX 76201 Denton Christian Preschool ATTN: Director 1114 West University Denton, TX 76201 Either party may change its mailing address by sending notice of change of address to the other at the above address by certified mail, return receipt requested. 23. MISCELLANEOUS mo Organization shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any claim arising thereunder to any party or parties, bank, trust company or other financial institution without the prior written approval of City. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the re- maining provisions shall remain in full force and effect and continue to conform to the original intent of both parties hereto. Co In no event shall any payment to Organization hereunder, or any other act or failure of City to insist in any one or more instances upon the terms and conditions of this Agree- ment constitute or be construed in any way to be a waiver by City of any breach of cove- nant or default which may then or subsequently be committed by Organization. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to City to enforce its rights hereunder, which rights, pow- Page 12 of 17 ers, privileges, or remedies are always specifically preserved. No representative or agent of City may waive the effect of this provision. This Agreement, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, un- derstanding, or other commitment occurring during the term of this Agreement, or subse- quent thereto, have any legal force or effect whatsoever, unless properly executed in writ- ing, and if appropriate, recorded as an amendment of this Agreement. Eo In the event any disagreement or dispute should arise between the parties hereto pertain- ing to the interpretation or meaning of any part of this Agreement or its governing rules, codes, laws, ordinances, or regulations, City as the party ultimately responsible to HUD for matters of compliance, will have the final authority to render or to secure an interpre- tation. This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any litigation concerning this Agreement shall be in a court of competent juris- diction sitting in Denton County, Texas. IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this Agreement as of the _~/tat day of ~/jo,h~,o~,.,-.,,z.~ ,2002. / CITY OF DENTON, TEXAS ATTEST: JENNIFER WALTERS CITY SECRETARY MICHAEL A. CONDUFF CITY MANAGER BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY CITY ATTORNEY ':/,/-::- ..: Page 13 of 17 DENTON CHRISTIAN PRESCHOOL ATTEST: BY: BY: BOARD SECRETARY Page 14 of 17 City of Denton - Community Development Division Qualifying Income Limits for Federally Assisted Programs FY 2002/2003 Maximum Income Levels Family Size Moderate Income 80% AMI- <65% AMI Low Income 65% AMI- <50% AMI Very-Low Income 50% AMI - <30% AMI Extremely-Low Income <30% AMI $37,250 - $30,251 $42,550 - $34,601 $47,900 - $38,901 $53,200- $43,251 $57,450- $46,701 $61,700- $50,151 $65,950- $53,601 $70,200- $57,051 Source: $30,250-$23,301 $34,600-$26,601 $38,900-$29,951 $43,250-$33,251 $46,700-$35,901 $50,150-$38,551 $53,600- $41,251 $57,050-$43,901 $23,300-$13,951 $26,600-$15,951 $29,950-$17,951 $33,250-$19,951 $35,900-$21,551 $38,550-$23,151 $41,250-$24,751 $43,900-$26,351 $13,950 or Below $15,950 or Below $17,950 or Below $19,950 or Below $21,550 or Below $23,150 or Below $24,750 or Below $26,350 or Below U.S. Department of Housing and Urban Development Effective: October 2002 Page 15 of 17 EXHIBIT A WORK STATEMENT DEINTON CHRISTIAN PRESCHOOL Provide low cost day care for at least eleven children between the ages of 3 and 4 years old from low-income households who would not have been served by the organization without CITY funds. Provide day care between 8:30 a.m. and 11:30 a.m. every Monday through Friday during the contract year with the exception of designated holidays. The children will be served at least one complete meal and at least one snack each day. The meals and snacks will meet all nutrition requirements set forth by the State Child Care Food Program. Provide a developmentally appropriate pre-school education for the children served. Provide medical and diagnostic screenings. Provide parent and family education through monthly family nights. Provide transportation for the children to and from school and its activities. Must meet or exceed the Texas Department of Human Services minimum licensing stan- dards for Child Care Centers. Make bilingual education available to children who speak Spanish as their primary lan- guage. OUTCOME MEASURES Organization will provide low cost day care to at least 11 more households than were served during the previous year. During FY 99-2000, the organization pro- vided services to 99 children. Organization will serve at least 110 total children during FY 02-03. · At least 10 of the additional children served in the new 3-4 year old classroom. will be City of Denton residents. Page 16 of 17 EXHIBIT B BUDGET DENTON CHRISTIAN PRESCHOOL TOTAL City of Denton funding $30,000.00 Monthly Request for Staff Salaries OR Quarterly Request for Staff Salaries $ 2,500.00 $ 7,500.00 Denton Christian Preschool may submit monthly or quarterly reimbursement requests for staff salaries. The following staff positions may be reimbursed by the City of Denton: Assistant Di- rector, Part-time Teacher, Bilingual Translator, and/or Part-time Van Driver. Reimbursement requests must include time sheets and copies of paychecks or pay stubs for the salaries for which reimbursement is being requested. Page 17 of 17 This page left blank intemionally. AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET September 17, 2002 Materials Management Kathy DuBose, Fiscal and Municipal Services~ Agenda 02-031 09/17/02 #21 Questions concerning this acquisition may be directed to Barbara Ross 349-7235 SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a contract for infant and Child Care Programs for Low-income Families; providing for the expenditure of funds therefore; and providing for an effective date (Bid 2893-infant & Child Program for Low-income Families awarded to Fred Moore Day Nursery School in the amount of $39,000). BID INFORMATION This bid is to provide licensed childcare services on a sliding fee scale for children of low-to-moderate income working parents, parents enrolled full time in school or a training program, unemployed individuals who are actively seeking employment, and parents working and enrolled in school part time. The service accepts children of ages six weeks to five years from 7:00 A.M. to 6:00 P.M., and includes well-balanced meals and a learning development curriculum. RECOMMENDATION We recommend this be awarded to the sole bidder, Fred Moore Day Nursery School, in the amount of $39,000. PRINCIPLE PLACE OF BUSINESS Fred Moore Day Nursery School Denton, TX ESTIMATED SCHEDULE OF PROJECT This agreement shall commence upon approval and terminate on September 30, 2003, unless sooner terminated in accordance with Section iii "Suspension or Termination" of the contract agreement. FISCAL INFORMATION CDBG funds have been appropriated for this program from account 220099.7762 216856 A. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet 1-AIS-Bid 2893 Infant and Child Care Program Bid # 2893 Attachment 1 Date: 9/3/02 Infant & Child Care Program For Low Income Families Fred IVloore Day Principle Place of Business: I TOTAL BASE BI'D $39,000.00 3 5 7 9 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR INFANT AND CHILD CARE PROGRAMS FOR LOW-INCOME FAMILIES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (BID 2893-INFANT & CHILD PROGRAM FOR LOW-INCOME FAMILIES AWARDED TO FRED MOORE DAY NURSERY SCHOOL IN THE AMOUNT OF $39,000). 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 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 in 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 1. That the following competitive bids for materials, equipment, supplies, or services, described in the "Bid Proposals" on file in the office of City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO. CONTRACTOR AMOUNT 2893 1 Fred Moore Day Nursery School $39,000 SECTION 2. That the acceptance and approval of the above competitive bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. That the City and persons submitting 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 bids, the City Manager or his designated representative is hereby authorized to execute the written contracts which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION 4. That by the acceptance and approval of the above competitive bids, 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 herein. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-BID 2893 iNFANT CHILD CARE PROGRAM 2002-2003 SERVICE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND FRED MOORE DAY NURSERY SCHOOL BID # 2893 This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Municipal Corporation, hereinafter referred to as "City", and Fred Moore Day Nursery School, 821 Crosstimbers, Denton, TX 76205, hereinafter referred to as "Organization"; WHEREAS, City's Human Services Advisory Committee ("HSAC") has reviewed the proposal for services and has determined that Organization performs an important service for the residents of Denton without regard to race, religion, color, age or national origin, and HSAC recommends the purchase of services; and WHEREAS, City has determined that the proposal for services merits assistance and can provide needed services to citizens of City and has provided funds in its budget for the purpose of paying for contractual services; NOW, THEREFORE, the parties hereto mutually agree as follows: SCOPE OF SERVICES Organization shall in a satisfactory and proper manner perform the following tasks, for which the monies provided by City may be used: mo To provide low cost day care for children ages 6 weeks to 5 years of age from low income families where parent(s) are working full-time, going to school full-time, attending school and working part-time, or are actively seeking employment. B. To provide two nutritional meals, breakfast and lunch, for the children it serves. Organization shall perform those services described in the Work Statement herein attached as Exhibit A. OBLIGATIONS OF ORGANIZATION In consideration of the receipt of funds from City, Organization agrees to the following terms and conditions: mo Thirty-nine Thousand Dollars ($39,000.00) may be paid to Organization by City, and the only expenditures reimbursed from these funds, shall be those in accordance with the project budget, attached hereto as Exhibit B and incorporated herein by reference, for Page 1 of 17 those expenses listed in the scope of services as provided herein. Organization shall not utilize these funds for any other purpose. It will establish, operate, and maintain an account system for this program that will allow for a tracing of funds and a review of the financial status of the program. C. It will permit authorized officials of City to review its books at any time. It will reduce to writing all of its rules, regulations, and policies and file a copy with City's Community Services Office along with any amendments, additions, or revisions whenever adopted. Eo It will not enter into any contracts that would encumber City funds for a period that would extend beyond the term of this Agreement. It will promptly pay all bills when submitted unless there is a discrepancy in a bill; any errors or discrepancies in bills shall be promptly reported to City's Community Services Division for further direction. It will appoint a representative who will be available to meet with City officials when requested. Ho It will indemnify and hold harmless City from any and all claims and suits arising out of the activities of Organization, its employees, and/or contractors. I. It will submit to City copies of year-end audited financial statements. e TIME OF PERFORMANCE The services funded by City shall be undertaken and completed by Organization within the following time frame: October 1, 2002 through September 30, 2003, unless the contract is sooner terminated under Section 7 "Suspension or Termination". e COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS mo Organization shall comply with all applicable federal laws, laws of the State of Texas and ordinances of the City of Denton. Page 2 of 17 mo Do Se REPRESENTATIONS Organization assures and guarantees that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Agreement. The person or persons signing and executing this Agreement on behalf of Organization, do hereby warrant and guarantee that he, she, or they have been fully authorized by Organization to execute this Agreement on behalf of Organization and to validly and legally bind Organization to all terms, performances and provisions herein set forth. City shall have the right, at its option, to either temporarily suspend or permanently terminate this Agreement if there is a dispute as to the legal authority of either Organization or the person signing the Agreement to enter into this Agreement. Organization is liable to City for any money it has received from City for performance of the provisions of this Agreement if City has suspended or terminated this Agreement for the reasons enumerated in this Section. Organization agrees that the funds and resources provided Organization under the terms of this Agreement will in no way be substituted for funds and resources from other sources, nor in any way serve to reduce the resources, services, or other benefits which would have been available to, or provided through, Organization had this Agreement not been executed. COVENANTS During the period of time that payment may be made hereunder and so long as any payments remain unliquidated, Organization shall not, without the prior written consent of the Community Development Administrator or her authorized representative: (1) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the assets of Organization now owned or hereafter acquired by it, or permit any pre- existing mortgages, liens, or other encumbrances to remain on, or attached to, any assets of Organization which are allocated to the performance of this Agreement and with respect to which City has ownership hereunder. (2) Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes or claims for money due or to become due. (3) Sell, convey, or lease all or substantial part of its assets. (4) Make any advance or loan to, or incur any liability for any other firm, person, entity or corporation as guarantor, surety, or accommodation endorser. Page 3 of 17 Bo Co (5) Sell, donate, loan or transfer any equipment or item of personal property purchased with funds paid to Organization by City, unless City authorizes such transfer. Organization agrees, upon written request by City, to require its employees to attend training sessions sponsored by the Community Services Division. PAYMENTS PAYMENTS TO ORGANIZATION. City shall pay to Organization a maximum amount of money not to exceed Thirty-nine Thousand Dollars ($39,000.00) for services rendered under this Agreement. City will pay these funds on a reimbursement basis to Organization within 20 days after City has received supporting documentation. Organization's failure to request reimbursement on a timely basis, may jeopardize present or future funding. EXCESS PAYMENT. Organization shall refund to City within ten working days of City's request, any sum of money which has been paid by City and which City at any time thereafter determines: (1) has resulted in overpayment to Organization; or (2) has not been spent strictly in accordance with the terms of this Agreement; or (3) is not supported by adequate documentation to fully justify the expenditure. Organization's reimbursement request for any one month period will not exceed one-fifth (1/5) of any budgeted line items for costs as specified in Exhibit B. DEOBLIGATION OF FUNDS/REVERSION OF ASSETS. In the event that actual expenditures deviate from Organization's provision of a corresponding level of performance, as specified in Exhibit A, City hereby reserves the right to reappropriate or recapture any such under expended funds. If City finds that Organization is unwilling and/or unable to comply with any of the terms of this Contract, City may require a refund of any and all money expended pursuant to this Contract by Organization, as well as any remaining unexpended funds which shall be refunded to City within ten working days of a written notice to Organization to revert these financial assets. The reversion of these financial assets shall be in addition to any other remedy available to City either at law or in equity for breach of this Contract. CONTRACT CLOSE OUT. Organization shall submit the contract close out package to City, together with a final expenditure report, for the time period covered by the last invoice requesting reimbursement of funds under this Agreement, within 15 working days Page 4 of 17 following the close of the contract period. Organization shall utilize the form agreed upon by City and Organization. ge MAINTENANCE OF RECORDS Organization agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under this Agreement, in compliance with the provisions of Exhibit B, attached hereto, and with any other applicable Federal and State regulations establishing standards for financial management. Organization's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. Nothing in this Section shall be construed to relieve Organization of fiscal accountability and liability under any other provision of this Agreement or any applicable law. Organization shall include the substance of this provision in all subcontracts. Organization agrees to retain all books, records, documents, reports, and written accounting procedures pertaining to the operation of programs and expenditures of funds under this Agreement for five years. Nothing in the above subsections shall be construed to relieve Organization of responsibility for retaining accurate and current records, which clearly reflect the level and benefit of services, provided under this Agreement. At any reasonable time and as often as City may deem necessary, the Organization shall make available to City, HUD, or any of their authorized representatives, all of its records and shall permit City, HUD, or any of their authorized representatives to audit, examine, make excerpts and copies of such records, and to conduct audits of all contracts, invoices, materials, payrolls, records of personnel, conditions or employment and all other data requested by said representatives. e REPORTS AND INFORMATION At such times and in such form as City may require, organization shall furnish such statements, records, data and information as City may request and deem pertinent to matters covered by this Agreement. Organization shall submit quarterly beneficiary and financial reports to City no less than once each three months. The beneficiary report shall detail client information, including race, income, female head of household and other statistics required by City. The financial report shall include information and data relative to all programmatic and financial reporting as of the beginning date specified in Section 1 of this Agreement. Page 5 of 17 Unless the City has granted a written exemption, Organization shall submit an audit conducted by independent examiners with ten days after receipt of such. 10. EVALUATION Organization agrees to participate in an implementation and maintenance system whereby the services can be continuously monitored. Organization agrees to make available its financial records for review by City at City's discretion. In addition, Organization agrees to provide City the following data and reports, or copies thereof: All external or internal audits. Organization shall submit a copy of the annual independent audit to City within ten days of receipt. B. All external or internal evaluation reports. Co Quarterly performance/beneficiary reports to be submitted in January, April, July and September, to include such information as requested by the City's Community Services Division including but not limited to: number of persons or households assisted, race, gender, disability status and household income. Beneficiary reports shall be due to City within 15 working days after the completion of each quarter. Organization agrees to submit quarterly financial statements in January, April, July, and September. Each statement shall include current and year-to-date period accounting of all revenues, expenditures, outstanding obligations and beginning and ending balances. Financial reports shall be due to City within 15 working days after the completion of each quarter. E. An explanation of any major changes in program services. Fo To comply with this section, Organization agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of funds received and the services performed under this Agreement. Organization's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. Organization agrees to retain all books, records, documents, reports, and written accounting procedures pertaining to the services provided and expenditure of funds under this Agreement for the period of time and under the conditions specified by the City. Go Nothing in the above subsections shall be construed to relieve Organization of responsibility for retaining accurate and current records, which clearly reflect the level and benefit of services, provided under this Agreement. Page 6 of 17 11. DIRECTORS' MEETINGS During the term of this Agreement, Organization shall deliver to City copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to City in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. Organization understands and agrees that City's representatives shall be afforded access to all meetings of its Board of Directors. Minutes of all meetings of Organization's governing body shall be available to City within ten days after Board approval. 12. SUSPENSION OR TERMINATION mo The City may terminate this Agreement with cause if the Organization violates any covenants, agreements, or guarantees of this Agreement, the Organization's insolvency or filing of bankruptcy, dissolution, or receivership, or the Organization's violation of any law or regulation to which it is bound under the terms of this Agreement. Bo The City may terminate this Agreement for convenience at any time. If the City terminates this Agreement for convenience, Organization will be paid an amount not to exceed the total amount of accrued expenditures as of the effective date of termination. In no event will this compensation exceed an amount, which bears the same ratio to the total compensation as the services actually performed bears to the total services of Organization covered by the Agreement, less payments previously made. In case of suspension, City shall advise Organization, in writing, as to conditions precedent to the resumption of funding and specify a reasonable date for compliance. In case of termination, Organization will remit to City any unexpended City funds. Acceptance of these funds shall not constitute a waiver of any claim City may otherwise have arising out of this Agreement. 13. PERSONNEL POLICIES Personnel policies shall be established by Organization and shall be available for examination. Such personnel policies shall: mo Be no more liberal than City's personnel policies, procedures, and practices, including policies with respect to employment, salary and wage rates, working hours and holidays, fringe benefits, vacation and sick leave privileges, and travel; and B. Be in writing and shall be approved by the governing body of Organization and by City. Page 7 of 17 mo Co Do mo 14. EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS Organization will submit for City approval, a written plan for compliance with the Equal Employment and Affirmative Action Federal provisions, within 120 days of the effective date of this Agreement. Organization shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. Organization will furnish all information and reports requested by City, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, State and Federal rules and regulations. In the event of Organization's non-compliance with the non-discrimination requirements, the Agreement may be canceled, terminated, or suspended in whole or in part, and Organization may be barred from further contracts with City. 15. WARRANTIES Organization represents and warrants that: All information, reports and data heretofore or hereafter requested by City and furnished to City, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to City. Any supporting financial statements heretofore requested by City and furnished to City, are complete, accurate and fairly reflect the financial conditions of Organization on the date shown on said report, and the results of the operation for the period covered by the report, and that since said date, there has been no material change, adverse or otherwise, in the financial condition of Organization. No litigation or legal proceedings are presently pending or threatened against Organization. None of the provisions herein contravene or are in conflict with the authority under which Organization is doing business or with the provisions of any existing indenture or agreement of Organization. Organization has the power to enter into this Agreement and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Agreement. Page 8 of 17 Ao Bo Do Fo Go None of the assets of Organization are subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements furnished by Organization to City. Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for payment. 16. CHANGES AND AMENDMENTS Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of this Agreement expressly provide that another method shall be used. Organization may not make transfers between or among approved line items within budget categories set forth in Exhibit B without prior written approval of the Community Development Administrator for the City. Organization shall request, in writing, the budget revision in a form prescribed by City, and such request for revision shall not increase the total monetary obligation of City under this Agreement. In addition, budget revisions cannot significantly change the nature, intent, or scope of the program funded under this Agreement. Organization will submit revised budget and program information, whenever the level of funding for Organization or the program(s) described herein is altered according to the total levels contained in any portion of Exhibit B. It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such modifications are to be automatically incorporated into this Agreement without written amendment hereto, and shall become a part of the Agreement on the effective date specified by the law or regulation. City may, from time to time during the term of the Agreement, request changes in Exhibit A which may include an increase or decrease in the amount of Organization's compensation. Such changes shall be incorporated in a written amendment hereto, as provided in Subsection A of this Section. Any alterations, deletions, or additions to the Contract Budget Detail incorporated in Exhibit B shall require the prior written approval of City. Organization agrees to notify City of any proposed change in physical location for work performed under this Agreement at least 30 calendar days in advance of the change. Page 9 of 17 Ho Organization shall notify City of any changes in personnel or governing board composition. It is expressly understood that neither the performance of Exhibit A for any program contracted hereunder nor the transfer of funds between or among said programs will be permitted. 17. NOTIFICATION OF ACTION BROUGHT In the event that any claim, demand, suit or other action is made or brought by any person(s), firm corporation or other entity against Organization, Organization shall give written notice thereof to City within two working days after being notified of such claim, demand, suit or other action. Such notice shall state the date and hour of notification of any such claim, demand, suit or other action; the names and addresses of the person(s), firm, corporation or other entity making such claim, or that instituted or threatened to institute any type of action or proceeding; the basis of such claim, action or proceeding; and the name of any person(s) against whom such claim is being made or threatened. Such written notice shall be delivered either personally or by mail. 18. INDEMNIFICATION It is expressly understood and agreed by both parties hereto that City is contracting with Organization as an independent contractor and that as such, Organization shall save and hold City, its officers, agents and employees harmless from all liability of any nature or kind, including costs and expenses for, or on account of, any claims, audit exceptions, demands, suits or damages of any character whatsoever resulting in whole or in part from the performance or omission of any employee, agent or representative of Organization. Be Organization agrees to provide the defense for, and to indemnify and hold harmless City its agents, employees, or contractors from any and all claims, suits, causes of action, demands, damages, losses, attorney fees, expenses, and liability arising out of the use of these contracted funds and program administration and implementation except to the extent caused by the willful act or omission of City, its agents or employees. 19. INSURANCE Organization shall observe sound business practices with respect to providing such bonding and insurance as would provide adequate coverage for services offered under this Agreement. Page 10 of 17 Bo Do Fo Ao Bo Co The premises on and in which the activities described in Exhibit A are conducted, the employees conducting these activities, shall be covered by premise liability insurance, commonly referred to as "Owner/Tenant" coverage with City named as an additional insured. Upon request of Organization, City may, at its sole discretion, approve alternate insurance coverage arrangements. Organization will comply with applicable workers' compensation statutes and will obtain employers' liability coverage where available and other appropriate liability coverage for program participants, if applicable. Organization will maintain adequate and continuous liability insurance on all vehicles owned, leased, or operated by Organization. All employees of Organization who are required to drive a vehicle in the normal scope and course of their employment must possess a valid Texas Driver's license and automobile liability insurance. Evidence of the employee's current possession of a valid license and insurance must be maintained on a current basis in Organization's files. Actual losses are not covered by insurance as required by this Section are not allowable costs under this Agreement, and remain the sole responsibility of Organization. The policy or policies of insurance shall contain a clause which requires that City and Organization be notified in writing of any cancellation or change in the policy at least thirty (30) days prior to such change or cancellation. 20. CONFLICT OF INTEREST Organization covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Organization further covenants that in the performance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body. Organization further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use his/her position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself/herself, or others; particularly those with which he/she has family, business, or other ties. No officer, member, or employee of City and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall participate in any decision relating to the Agreement which affects his or her personal interest or the interest in any corporation, partnership, or association in which he or she has a direct or indirect interest. Page 11 of 17 21. NEPOTISM Organization shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by Organization, or is a member of Organization's governing board. The term "member of immediate family" includes: wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, stepparent, stepchild, half-brother and half-sister. 22. NOTICE Any notice or other written instrument required or permitted to be delivered under the terms of this Agreement shall be deemed to have been delivered, whether actually received or not, when deposited in the United States mail, postage prepaid, registered or certified, return receipt requested, addressed to Organization or City, as the case may be, at the following addresses: CITY City of Denton, Texas Attn: City Manager 215 E. McKinney Denton, TX 76201 ORGANIZATION Fred Moore Day Nursery School ATTN: Joyce Rogers, Director 821 Crosstimbers Denton, TX 76205 Either party may change its mailing address by sending notice of change of address to the other at the above address by certified mail, return receipt requested. Bo 23. MISCELLANEOUS Organization shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any claim arising thereunder to any party or parties, bank, trust company or other financial institution without the prior written approval of City. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform to the original intent of both parties hereto. Page 12 of 17 Co In no event shall any payment to Organization hereunder, or any other act or failure of City to insist in any one or more instances upon the terms and conditions of this Agreement constitute or be construed in any way to be a waiver by City of any breach of covenant or default which may then or subsequently be committed by Organization. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to City to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved. No representative or agent of City may waive the effect of this provision. Do This Agreement, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understanding, or other commitment occurring during the term of this Agreement, or subsequent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Agreement. In the event any disagreement or dispute should arise between the parties hereto pertaining to the interpretation or meaning of any part of this Agreement or its governing rules, codes, laws, ordinances, or regulations, City as the party ultimately responsible to HUD for matters of compliance, will have the final authority to render or to secure an interpretation. Fo This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any litigation concerning this Agreement shall be in a court of competent jurisdiction sitting in Denton County, Texas. IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this Agreement as of the day of ,2002. CITY OF DENTON, TEXAS ATTEST: JENNIFER WALTERS CITY SECRETARY BY: MICHAEL A. CONDUFF CITY MANAGER BY: Page 13 of 17 APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ATTEST: FRED MOORE DAY NURSERY SCHOOL DIR~TOg BY: BOARD SECRETARY Page 14 of 17 City of Denton - Community Development Division Qualifying Income Limits for Federally Assisted Programs FY 2002/2003 Maximum Income Levels Family Size 1 2 3 4 5 6 7 8 Moderate Income 80% AMI- <65% AMI Low Income 65% AMI - <50% AMI Very-Low Income 50% AMI - <30% AMI Extremely-Low Income <30% AMI $37,250- $30,251 $42,550- $34,601 $47,900- $38,901 $53,200- $43,251 $57,450- $46,701 $61,700- $50,151 $65,950- $53,601 $70,200- $57,051 Source; $30,250-$23,301 $34,600-$26,601 $38,900-$29,951 $43,250-$33,251 $46,700-$35,901 $50,150-$38,551 $53,600-$41,251 $57,050-$43,901 $23,300-$13,951 $26,600-$15,951 $29,950-$17,951 $33,250-$19,951 $35,900-$21,551 $38,550-$23,151 $41,250-$24,751 $43,900-$26,351 $13,950 or Below $15,950 or Below $17,950 or Below $19,950 or Below $21,550 or Below $23,150 or Below $24,750 or Below $26,350 or Below U.S. Department of Housing and Urban Development Effective: October 2002 Page 15 of 17 EXHIBIT "A" WORK STATEMENT FRED MOORE DAY NURSERY SCHOOL · Provide childcare on a sliding scale to low and moderate-income residents of Denton based on income and family size. Children six weeks through five years of age will be eligible for the program. Parents must be working and/or attending school full-time, or a combination of going to school and working full-time to be eligible to enroll their child. Parents will be required to volunteer at the childcare. Provide a safe, healthy environment that will meet the development needs of the child. Activities will be designed for each age group to meet the individual and group needs. The curriculum will include education emphasizing effective earning skills, creative arts, motor skills, physical development, speech development, personal hygiene and manners. Provide breakfast, lunch, and an afternoon snack for each child. All meals will meet the USDA and Texas Department of Human Services Special Nutrition food requirements for children in childcare. · Must be licensed by the Texas Department of Protective and Regulatory Services. · Must meet or exceed the Texas Department of Human Services minimum standards for Day Care Centers. · Must be a North Central Texas Childcare Services designated vendor. · Provide operation hours from 7:00 a.m. to 6:00 p.m. Monday through Friday. OUTCOME MEASURES Organization will conduct pre and post assessments to determine kindergarten readiness on each child entering the 4-5 year old classroom. Pre assessments will take place in September or when the child begins the school. Post assessments will take place in the spring. 75% of children will be able to master 90% of the pre-kindergarten goals on the post assessment test. Page 16 of 17 EXHIBIT "B" BUDGET FRED MOORE DAY NURSERY SCHOOL City of Denton Funding City of Denton funding will be used to pay teachers' salaries. be used to pay for the salary of direct care staff. $39,000.00 City of Denton funding will only Page 17 of 17 This page left blank intemionally. Agenda 02-031 09/17/02 #22 AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET September 17, 2002 Economic Development Dave Hill, 349-8314 SUBJECT Consider adoption of an ordinance of the City of Denton authorizing a 2002-2003 Service Agreement between the City of Denton, Texas and REACH, inc. for provision of group counseling sessions for Denton residents with disabilities; providing for the expenditure of funds; and providing for an effective date. BACKGROUND Council member Jane Fulton has requested the allocation of her $5,000 in 2001-2002 contingency funds to REACH, inc. These funds will be used to provide Adjustment to Disability counseling to persons with disabilities in the Denton community. OPTIONS · Approve funding agreement providing funding to REACH presented. · Request revisions to funding agreement prior to approval. · Deny approval of funding agreement. RECOMMENDATION N/A ESTIMATED PROJECT SCHEDULE All program funding will be expended and all services provided by September 30, 2003. PRIOR ACTION/REVIEW N/A FISCAL INFORMATION These funds are 2001-'02 budget year contingency funds. Approval of the ordinance and funding agreement will not affect the City's 2002-'03 general fund budget. Community Development staff will administer the funding agreements. ATTACHMENTS · Ordinance · Funding Agreemem Between the City of Demon and REACH, Inc. Prepared By: Barbara Ross Community Developmem Administrator Respectfully submitted: Linda Ratliff Director of Economic Development ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING A 2002-2003 SERVICE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND REACH, iNC. FOR PROVISION OF GROUP COUNSELING SESSIONS FOR DENTON RESIDENTS WITH DISABILITIES; PROVIDING FOR THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Reach, inc. (the "Organization") is a Texas non-profit corporation that provides for counseling services to DeNon residems with disabilities; and WHEREAS, the City Council of the City of Demon hereby finds that the Service Agreement between the City of Demon and the Organization attached hereto and made a part hereof by reference (the "Agreemem") provides disability group counseling sessions on a periodic basis to DeNon residems with disabilities and serves a municipal and public purpose including the provision of important memal health and medical services for DeNon residems which promotes the public health and welfare; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings set forth in the preamble of this ordinance are incorporated by reference imo the body of this ordinance as if fully set forth herein. SECTION 2. The City Manager, or his designee, is hereby authorized to execute the attached 2002 - 2003 Service Agreemem between the City of Demon and the Organization to provide group counseling sessions for DeNon residems with disabilities and to carry out the duties and responsibilities of the City under the Agreemem, including the expenditure of funds as provided in the Agreement. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: S :\Om' D o cumenC50 r dinm~ce s502~Reach.d c c APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 2002-2003 SERVICE AGREEMENT BETWEEN THE CITY OF DENTON AND REACH, INC. This Agreemem is made and emered imo by and between the City of DeNon, a Texas municipal corporation, acting by and through its City Manager, pursuant to ordinance, hereinafter referred to as CITY, and REACH, Inc., 8625 King George Drive, Suite 210, Dallas, Texas 75235, a Texas non-profit corporation, hereinafter referred to as CONTRACTOR. WHEREAS, City has reviewed the proposal for services and has determined that Organization performs an important service for the residents of Denton without regard to race, religion, color, age or national origin; and WHEREAS, City has determined that the proposal for services merits assistance and can provide needed services to citizens of City and has provided funds in its budget for the purpose of paying for contractual services; NOW, THEREFORE, the parties hereto mutually agree as follows: I. SCOPE OF SERVICES Organization shall in a satisfactory and proper manner perform the following tasks, for which the monies provided by City may be used to pay utilities necessary for the accomplishmem of said tasks: A REACH will provide one-hour adjustmem to disability group counseling sessions bi- weekly for DeNon residems with disabilities. B. The hour-long sessions will be held at REACH of Demon's accessible office at 405 S. Elm, Suite 202. C. REACH will be contracting with a degreed and licensed therapist to lead these sessions. D. Two adjustmem to disability group counseling sessions will be offered each month, on the first and third Tuesdays. E. REACH will actively market the counseling sessions to its current clients, and to clients of other service providers in the area. Organization shall perform those services described in the Work Statemem herein attached as Exhibit A. ii. OBLIGATIONS OF ORGANIZATION In consideration of the receipt of funds from City, Organization agrees to the following terms and conditions: A. Five thousand dollars ($5,000.00) may be paid to Organization by City, and the only expenditures reimbursed from these funds, shall be those in accordance with the project budget, attached hereto as Exhibit B and incorporated herein by reference, for those expenses listed in the scope of services as provided herein. Organization shall not utilize these funds for any other purpose. B. The Organization will establish, operate, and maintain an account system for this program that will allow for a tracing of funds and a review of the financial status of the program. C. The Organization will permit authorized officials of City to review its books at any time. copy with whenever The Organization will reduce to writing all of its rules, regulations, and policies and file a City's Community Services Division along with any amendments, additions, or revisions adopted. E. The Organization will not enter into any contracts that would encumber City funds for a period that would extend beyond the term of this Agreement. F. The Organization will promptly pay all bills when submitted unless there is a discrepancy in a bill; any errors or discrepancies in bills shall be promptly reported to City's Community Services Division for further direction. G. The Organization will appoint a representative who will be available to meet with City officials when requested. H. The Organization will indemnify and hold harmless City from any and all claims and suits arising out of the activities of Organization, its employees, and/or contractors. i. The Organization will submit to City copies of year-end audited financial statements. iii. TIME OF PERFORMANCE The services funded by City shall be undertaken and completed by Organization within the following time frame: September 15, 2002 through September 14, 2003, unless the contract is sooner terminated under Section VII "Suspension or Termination". IV. PAYMENTS A. PAYMENTS TO ORGANIZATION. City shall pay to Organization a maximum amount of money not to exceed five thousand dollars ($5,000) for services rendered under this Agreement. City will pay these funds on a reimbursement basis to Organization within twenty days after City has received supporting documentation. Organization's failure to request reimbursement on a timely basis, may jeopardize present or future funding. B. EXCESS PAYMENT. Organization shall refund to City within ten (10) working days of City's request, any sum of money which has been paid by City and which City at any time thereafter determines: 1) has resulted in overpayment to Organization; or 2) has not been spent strictly in accordance with the terms of this Agreement; or 3) is not supported by adequate documentation to fully justify the expenditure. C. Organization's reimbursement request for any one month period will not exceed one-fifth (1/5) of any budgeted line items for costs as specified in Exhibit B. D. DEOBLIGATION OF FUND S/REVERSION OF ASSETS. In the event that actual expenditures deviate from Organization's provision of a corresponding level of performance, as specified in Exhibit A, City hereby reserves the right to reappropriate or recapture any such under expended funds. If City finds that Organization is unwilling and/or unable to comply with any of the terms of this Contract, city may require a refund of any and all money expected pursuant to this contract by Organization, as well as any remaining unexpended funds which shall be refunded to City within ten working days of a written notice to organization to revert these financial assets. The reversion of these financial assets shall be in addition to any other remedy available to City either at law or in equity for breach of this contract. E. CONTRACT CLOSE OUT. Organization shall submit the contract close out package to City, together with a final expenditure report, for the time period covered by the last invoice requesting reimbursement of funds under this Agreement, within fifteen (15) working days following the close of the contract period. Organization shall utilize the form agreed upon by City and Organization. V. EVALUATION Organization agrees to participate in an implementation and maintenance system whereby the services can be continuously monitored. Organization agrees to make available its financial records for review by City at City's discretion. In addition, Organization agrees to provide City the following data and reports, or copies thereof: A. All external or internal audits. Organization shall submit a copy of the annual independent audit to City within ten (10) days of receipt. B. All external or internal evaluation reports. C. Quarterly performance/beneficiary reports to be submitted in January, April, July and September, to include the following data: number of persons, served, number of households served, race, income, female head of household, disabilities and other information if requested by City. Organization will provide the above information on beneficiary report form provided by City. Quarterly beneficiary reports shall be submitted to City within 15 working days after the completion of each quarter. D. Organization agrees to submit quarterly financial statements in January, April, July, and September. Each statement shall include current and year-to-date period accounting of all revenues, expenditures, outstanding obligations and beginning and ending balances. Financial statements shall be submitted to the City within 15 working days after the completion of each quarter. E. An explanation of any major changes in program services. F. To comply with this section, Organization agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of funds received and the services performed under this Agreement. Organization's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. Organization agrees to retain all books, records, documents, reports, and written accounting procedures pertaining to the services provided and expenditure of funds under this Agreement for five years. G. Nothing in the above subsections shall be construed to relieve Organization of responsibility for retaining accurate and current records that clearly reflect the level and benefit of services provided under this Agreement. VI. DIRECTORS' MEETINGS During the term of this Agreement, Organization shall deliver to City copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to City in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. Organization understands and agrees that City's representatives shall be afforded access to all meetings of its Board of Directors. Minutes of all meetings of Organization's governing body shall be available to City within ten (10) working days of approval. VII. SUSPENSION OR TERMiNATiON A. The City may terminate this Agreement for cause if the Organization violates any covenants, agreements, or guarantees of this Agreement, the Organization's insolvency or filing of bankruptcy, dissolution, or receivership, or the Organization's violation of any law or regulation to which it is bound under the terms of this Agreement. This Agreement may also be terminated for cause for reasons not specifically enumerated in this paragraph. B. The City may terminate this Agreement for convenience at any time. If the City terminates this Agreement for convenience, Organization will be paid an amount not to exceed the total amount of accrued expenditures as of the effective date of termination. In no event will this compensation exceed an amount that bears the same ratio to the total compensation as the services actually performed bears to the total services of Organization covered by the Agreement, less payments previously made. In case of suspension, City shall advise Organization, in writing, as to conditions precedent to the resumption of funding and specify a reasonable date for compliance. In case of termination, Organization will remit to City any unexpended City funds. Acceptance of these funds shall not constitute a waiver of any claim City may otherwise have arising out of this Agreement. VIII. EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS A. Organization will submit for City approval, a written plan for compliance with the Equal Employment and Affirmative Action Federal provisions, within one hundred twenty (120) days of the effective date of this Agreement. B. Organization shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. C. Organization will furnish all information and reports requested by City, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, State and Federal rules and regulations. D. In the event of Organization's non-compliance with the non-discrimination requirements, the Agreement may be canceled, terminated, or suspended in whole or in part, and Organization may be barred from further contracts with City. IX. WARRANTIES ORGANIZATION represents and warrants that: A. All information, reports and data heretofore or hereafter requested by City and furnished to City, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to City. B. Any supporting financial statements heretofore requested by City and furnished to City, are complete, accurate and fairly reflect the financial conditions of Organization on the date shown on said report, and the results of the operation for the period covered by the report, and that since said data, there has been no material change, adverse or otherwise, in the financial condition of Organization. C. No litigation or legal proceedings are presently pending or threatened against Organization. D. None of the provisions herein contravenes or is in conflict with the authority under which Organization is doing business or with the provisions of any existing indenture or agreement of Organization. E. Organization has the power to enter into this Agreement and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Agreement. F. None of the assets of Organization are subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements furnished by Organization to City. Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for payment. X. CHANGES AND AMENDMENTS A. Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of this Agreement expressly provide that another method shall be used. B. Organization may not make transfers between or among approved line-items within budget categories set forth in Exhibit B without prior written approval of the Community Development Administrator for the City. Organization shall request, in writing, the budget revision in a form prescribed by City, and such request for revision shall not increase the total monetary obligation of City under this Agreement. In addition, budget revisions cannot significantly change the nature, intent, or scope of the program funded under this Agreement. C. Organization will submit revised budget and program information, whenever the level of funding for Organization or the program(s) described herein is altered according to the total levels contained in any portion of Exhibit B. D. It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such modifications are to be automatically incorporated into this Agreement without written amendment hereto, and shall become a part of the Agreement on the effective date specified by the law or regulation. E. City may, from time to time during the term of the Agreement, request changes in Exhibit A which may include an increase or decrease in the amount of Organization's compensation. Such changes shall be incorporated into this contract through a written amendment hereto, as provided in Subsection A of this Section. F. Any alterations, deletions, or additions to the Contract Budget Detail incorporated in Exhibit B shall require the prior written approval of City. G. Organization agrees to notify City of any proposed change in physical location for work performed under this Agreement at least thirty (30) calendar days in advance of the change. H. Organization shall notify City of any changes in personnel or governing board composition. I. It is expressly understood that neither the performance of Exhibit A for any program contracted hereunder nor the transfer of funds between or among said programs will be permitted. XI. INDEMNIFICATION A. It is expressly understood and agreed by both parties hereto that City is contracting with Organization as an independent contractor and that as such, Organization shall save and hold City, its officers, agents and employees harmless from all liability of any nature or kind, including costs and expenses for, or on account of, any claims, audit exceptions, demands, suits or damages of any character whatsoever resulting in whole or in part from the performance or omission of any employee, agent or representative of Organization. B. Organization agrees to provide the defense for, and to indemnify and hold harmless City its agents, employees, or contractors from any and all claims, suits, causes of action, demands, damages, losses, attorney fees, expenses, and liability arising out of the use of these contracted funds and program administration and implementation except to the extent caused by the willful act or omission of City, its agents or employees. XII. INSURANCE A. Organization shall observe sound business practices with respect to providing such bonding and insurance as would provide adequate coverage for services offered under this Agreement. B. The premises on and in which the activities described in Exhibit A are conducted, and the employees conducting these activities, shall be covered by premise liability insurance, commonly referred to as "Owner/Tenant" coverage with City named as an additional insured. Upon request of Organization, City may, at its sole discretion, approve alternate insurance coverage arrangements. C. Organization will comply with applicable workers' compensation statutes and will obtain employers' liability coverage where available and other appropriate liability coverage for program participants, if applicable. D. Organization will maintain adequate and continuous liability insurance on all vehicles owned, leased, or operated by Organization. All employees of Organization who are required to drive a vehicle in the normal scope and course of their employment must possess a valid Texas Driver's license and automobile liability insurance. Evidence of the employee's current possession of a valid license and insurance must be maintained on a current basis in Organization's files. E. Actual losses are not covered by insurance as required by this Section are not allowable costs under this Agreement, and remain the sole responsibility of Organization. F. The policy or policies of insurance shall contain a clause which requires that City and Organization be notified in writing of any cancellation or change in the policy at least thirty (30) days prior to such change or cancellation. XIII. CONFLICT OF INTEREST A. Organization covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Organization further covenants that in the performance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body. B. Organization further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use his/her position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself/herself, or others; particularly those with which he/she has family, business, or other ties. C. No officer, member, or employee of City and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall participate in any decision relating to the Agreement which affects his personal interest or the interest in any corporation, partnership, or association in which he has direct or indirect interest. XIV. NEPOTISM Organization shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by Organization, or is a member of Organization's governing board. The term "member of immediate family" includes: wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister. XV. NOTICE Any notice or other written instrument required or permitted to be delivered under the terms of this Agreement shall be deemed to have been delivered, whether actually received or not, when deposited in the United States mail, postage prepaid, registered or certified, return receipt requested, addressed to Organization or City, as the case may be, at the following addresses: TO CITY: TO CONTRACTOR: City Manager City of DeNon 215 E. McKinney St. Denton, Texas 76201 Director REACH, Inc. 8625 King George Drive, Suite 210 Dallas, Texas 75235 Either party may change its mailing address by sending notice of change of address to the other at the above address by certified mail, return receipt requested. XVI. MISCELLANEOUS A. Organization shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any claim arising thereunder to any party or parties, bank, trust company or other financial institution without the prior written approval of City. B. If any provision of this Agreemem is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and cominue to conform to the original intent of both parties hereto. C. In no event shall any payment to Organization hereunder, or any other act or failure of City to insist in any one or more instances upon the terms and conditions of this Agreement consti- tute or be construed in any way to be a waiver by City of any breach of covenant or default which may then or subsequently be committed by Organization. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to City to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved. No represemative or agem of City may waive the effect of this provision. D. This Agreement, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understanding, or other commitment occurring during the term of this Agreement, or subsequent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Agreement. E. In the event any disagreement or dispute should arise between the parties hereto pertaining to the interpretation or meaning of any part of this Agreement or its governing rules, codes, laws, ordinances, or regulations, City as the party ultimately responsible for matters of compliance, will have the final authority to render or to secure an interpretation. F. This Agreemem shall be imerpreted in accordance with the laws of the State of Texas and venue of any litigation concerning this Agreemem shall be in a court ofcompetemjurisdiction sitting in Denton County, Texas. IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this Agreement as of the __ day of ., 2002. CITY OF DENTON, TEXAS ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: MICHAEL A. CONDUFF, CITY MANAGER BY: APPROVED AS TO LEGAL FORM: HERBERT PROUTY, CITY ATTORNEY BY: REACH, INC. ATTEST: BY: EXECUTIVE DIRECTOR BY: BOARD SECRETARY City of Denton - Community Development Division Qualifying Income Limits for Federally Assisted Programs FY 2002~2003 Maximum Income Levels Family Size 1 2 3 4 5 6 7 8 Moderate Income 80% AMI - <65% AMI Low Income 65% AMI - <50% AMI Very-Low Income 50% AMI - <30% AMI Extremely-Low Income <30% AMI $37,250- $30,251 $42,550- $34,601 $47,900- $38,901 $53,200- $43,251 $57,450- $46,701 $61,700-$50,151 $65,950- $53,601 $70,200- $57,051 $30,250- $23,301 $34,600- $26,601 $38,900- $29,951 $43,250- $33,251 $46,700- $35,901 $50,150- $38,551 $53,600- $41,251 $57,050 - $43,901 Source: U.S. Department $23,300- $13,951 $26,600- $15,951 $29,950- $17,951 $33,250- $19,951 $35,900- $21,551 $38,550- $23,151 $41,250- $24,751 $43,900- $26,351 $13,950 or Below $15,950 or Below $17,950 or Below $19,950 or Below $21,550 or Below $23,150 or Below $24,750 or Below $26,350 or Below of Housing and Urban Development Effective: October 2002 EXHIBIT "A" WORK STATEMENT REACH, INC. REACH will provide one-hour adjustmem to disability group counseling sessions bi- weekly for DeNon residems with disabilities. The hour-long sessions will be held at REACH of Demon's accessible office at 405 S. Elm, Suite 202. REACH will be contracting with a degreed and licensed therapist to lead these sessions. Two adjustmem to disability group counseling sessions will be offered each month, on the first and third Tuesdays. REACH will actively market the counseling sessions to its current clients, and to clients of other service providers in the area. OUTCOME MEASURES · A minimum of 15 unduplicated cliems will be served through the Adjustmem to Disability Group Counseling Sessions. At least 80% of the clients served will attend at least 2 counseling sessions during the year. S :\Om' DocumenCkContracm\02~'each02.dcc ~- 3 EXHIBIT "B" BUDGET REACH, INC. Contractual Services 25 sessions ~ $200 per session $5,000.00 S :\Om' DocumenCkContracts\02~-each02.dcc 14 Agenda 02-031 09/17/02 #23 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: September 17, 2002 Economic Development Dave Hill, 349-8314 ~]?~-~' SUBJECT Consider adoption of an ordinance of the City of Denton authorizing a 2002-2003 Service Agreement between the City of Denton, Texas and Cumberland Presbyterian Children's Home for provision of various counseling and other family services; providing for the expenditure of funds; and providing for an effective date. BACKGROUND Council members Mark Burroughs and Perry McNeill have each requested allocation of a portion of their 2001 - 2002 contingency funds to Cumberland Presbyterian Children's Home. The $2,000 provided by council member Burroughs and the $1,500 from council member McNeill will support Cumberland's Single Parent Family Program (transitional housing) and counseling services for families. OPTIONS · Approve funding agreement providing funding to Cumberland's as presented. · Request revisions to funding agreement prior to approval. · Deny approval of funding agreement. Presbyterian Children's Home RECOMMENDATION N/A ESTIMATED PROJECT SCHEDULE All program funding will be expended and all services provided by September 30, 2003. PRIOR ACTION/REVIEW N/A FISCAL INFORMATION These funds are 2001-'02 budget year comingency funds. Approval of the ordinance and funding agreement will not affect the City's 2002-'03 general fund budget. Community Developmem staff will administer the funding agreemems. ATTACHMENTS · Ordinance · Funding Agreement Between the City and Cumberland Children's Home, Inc. Prepared By: Barbara Ross Community Developmem Administrator Respectfully submitted Linda Ratliff Director of Economic Development ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING A 2002-2003 SERVICE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND CUMBERLAND PRESBYTERIAN CHILDREN' S HOME FOR PROVISION OF VARIOUS COUNSELING AND OTHER FAMILY SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Cumberland Presbyterian Children's Home (the "Organization") is a Texas non-profit corporation that provides in-home family counseling, training and life skills and parenting skills, housing assistance under a Single Parem Family Program ("Program") and other family services; and WHEREAS, the City Council of the City of Demon hereby finds that the Service Agreement between the City of Demon and the Organization attached hereto and made a part hereof by reference (the "Agreemem") serves a municipal and public purpose including the promotion of positive family relationships including life skills and paremal skills which will reduce crime and promote the public safety and welfare for DeNon residems; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings set forth in the preamble of this ordinance are incorporated by reference imo the body of this ordinance as if fully set forth herein. SECTION 2. The City Manager, or his designee, is hereby authorized to execute the attached 2002 - 2003 Service Agreemem between the City of Demon and the Organization for the promotion of positive family relationships including life skills and paremal skills and to carry out the duties and responsibilities of the City under the Agreemem, including the expenditure of funds as provided in the Agreement. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: S :\Om' D o cumenC50 r dinm~ce s502\C~lb erland Children's Home.doc APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 2002-2003 SERVICE AGREEMENT BETWEEN THE CITY OF DENTON AND CUMBERLAND PRESBYTERIAN CHILDREN'S HOME This Agreemem is made and emered imo by and between the City of DeNon, a Texas municipal corporation, acting by and through its City Manager, pursuant to ordinance, hereinafter referred to as CITY, and CUMBERLAND PRESBYTERIAN CHILDREN'S HOME, 1304 Bernard Street, Denton Texas 76202, a Texas non-profit corporation, hereinafter referred to as CONTRACTOR. WHEREAS, City has reviewed the proposal for services and has determined that Organization performs an important service for the residents of Denton without regard to race, religion, color, age or national origin; and WHEREAS, City has determined that the proposal for services merits assistance and can provide needed services to citizens of City and has provided funds in its budget for the purpose of paying for contractual services; NOW, THEREFORE, the parties hereto mutually agree as follows: I. SCOPE OF SERVICES Organization shall in a satisfactory and proper manner perform the following tasks, for which the monies provided by City may be used to pay staff salaries associated with the provision of the said tasks: 1. In-home counseling to determine family's goals and collaborate with them to take steps toward positive outcomes. 2. Provision of life skills and pareming skills training. 3. Housing assistance under the Single Parem Family Program in duplexes on Cumberland Presbyterian Children's Home property. 4. Aftercare for two years including the availability of regular home visits, telephone case management and additional support. Organization shall perform those services described in the Work Statemem herein attached as Exhibit A. II. OBLIGATIONS OF ORGANIZATION In consideration of the receipt of funds from City, Organization agrees to the following terms and conditions: A. Two Thousand Five Hundred Dollars ($2,500) may be paid to Organization by City, and the only expenditures reimbursed from these funds, shall be those in accordance with the project budget, attached hereto as Exhibit B and incorporated herein by reference, for those expenses listed in the scope of services as provided herein. Organization shall not utilize these funds for any other purpose. B. The Organization will establish, operate, and maintain an account system for this program that will allow for a tracing of funds and a review of the financial status of the program. C. The Organization will permit authorized officials of City to review its books at any time. D. The Organization will reduce to writing all of its rules, regulations, and policies and file a copy with City's Community Development Division along with any amendments, additions, or revisions whenever adopted. E. The Organization will not enter into any contracts that would encumber City funds for a period that would extend beyond the term of this Agreement. F. The Organization will promptly pay all bills when submitted unless there is a discrepancy in a bill; any errors or discrepancies in bills shall be promptly reported to City's Community Services Division for further direction. G. The Organization will appoint a representative who will be available to meet with City officials when requested. H. The Organization will indemnify and hold harmless City from any and all claims and suits arising out of the activities of Organization, its employees, and/or contractors. i. The Organization will submit to City copies of year-end audited financial statements. iii. TIME OF PERFORMANCE The services funded by City shall be undertaken and completed by Organization within the following time frame: September 15, 2002 through September 14, 2003, unless the contract is sooner terminated under Section VII "Suspension or Termination". IV. PAYMENTS A. PAYMENTS TO ORGANIZATION. City shall pay to Organization a maximum amount of money not to exceed two thousand five hundred dollars ($2,500) for services rendered under this Agreement. City will pay these funds on a reimbursement basis to Organization within twenty days after City has received supporting documentation. Organization's failure to request reimbursement on a timely basis, may jeopardize present or future funding. B. EXCESS PAYMENT. Organization shall refund to City within ten (10) working days of City's request, any sum of money which has been paid by City and which City at any time thereafter determines: 1) has resulted in overpayment to Organization; or 2) has not been spent strictly in accordance with the terms of this Agreement; or 3) is not supported by adequate documentation to fully justify the expenditure. C. Organization's reimbursement request for any one month period will not exceed one- fifth (1/5) of any budgeted line items for costs as specified in Exhibit B. D. DEOBLIGATION OF FUND S/REVERSION OF ASSETS. In the event that actual expenditures deviate from Organization's provision of a corresponding level of performance, as specified in Exhibit A, City hereby reserves the right to reappropriate or recapture any such under expended funds. If City finds that Organization is unwilling and/or unable to comply with any of the terms of this Contract, city may require a refund of any and all money expected pursuant to this contract by Organization, as well as any remaining unexpended funds which shall be refunded to City within ten working days of a written notice to organization to revert these financial assets. The reversion of these financial assets shall be in addition to any other remedy available to City either at law or in equity for breach of this contract. E. CONTRACT CLOSE OUT. Organization shall submit the contract close out package to City, together with a final expenditure report, for the time period covered by the last invoice requesting reimbursement of funds under this Agreement, within fifteen (15) working days following the close of the contract period. Organization shall utilize the form agreed upon by City and Organization. V. EVALUATION Organization agrees to participate in an implementation and maintenance system whereby the services can be continuously monitored. Organization agrees to make available its financial records for review by City at City's discretion. In addition, Organization agrees to provide City the following data and reports, or copies thereofi A. All external or internal audits. Organization shall submit a copy of the annual independent audit to City within ten (10) days of receipt. B. All external or internal evaluation reports. C. Quarterly performance/beneficiary reports to be submitted in January, April, July and September, to include the following data: number of persons, served, number of households served, race, income, female head of household, disabilities and other information if requested by City. Organization will provide the above information on beneficiary report form provided by City. Quarterly beneficiary reports shall be submitted to City within 15 working days after the completion of each quarter. D. Organization agrees to submit quarterly financial statements in January, April, July, and September. Each statement shall include current and year-to-date period accounting of all revenues, expenditures, outstanding obligations and beginning and ending balances. Financial statements shall be submitted to the City within 15 working days after the completion of each quarter. E. An explanation of any major changes in program services. F. To comply with this section, Organization agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of funds received and the services performed under this Agreement. Organization's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. Organization agrees to retain all books, records, documents, reports, and written accounting procedures pertaining to the services provided and expenditure of funds under this Agreement for five years. G. Nothing in the above subsections shall be construed to relieve Organization of responsibility for retaining accurate and current records that clearly reflect the level and benefit of services provided under this Agreement. VI. DIRECTORS' MEETINGS During the term of this Agreement, Organization shall deliver to City copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to City in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. Organization understands and agrees that City's representatives shall be afforded access to all meetings of its Board of Directors. Minutes of all meetings of Organization's governing body shall be available to City within ten (10) working days of approval. VII. SUSPENSION OR TERMINATION A. The City may terminate this Agreement for cause if the Organization violates any covenants, agreements, or guarantees of this Agreement, the Organization's insolvency or filing of bankruptcy, dissolution, or receivership, or the Organization's violation of any law or regulation to which it is bound under the terms of this Agreement. This Agreement may also be terminated for cause for reasons not specifically enumerated in this paragraph. B. The City may terminate this Agreement for convenience at any time. If the City terminates this Agreement for convenience, Organization will be paid an amount not to exceed the total amount of accrued expenditures as of the effective date of termination. In no event will this compensation exceed an amount that bears the same ratio to the total compensation as the services actually performed bears to the total services of Organization covered by the Agreement, less payments previously made. In case of suspension, City shall advise Organization, in writing, as to conditions precedent to the resumption of funding and specify a reasonable date for compliance. In case of termination, Organization will remit to City any unexpended City funds. Acceptance of these funds shall not constitute a waiver of any claim City may otherwise have arising out of this Agreement. VIII. EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS A. Organization will submit for City approval, a written plan for compliance with the Equal Employment and Affirmative Action Federal provisions, within one hundred twenty (120) days of the effective date of this Agreement. B. Organization shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. C. Organization will furnish all information and reports requested by City, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, State and Federal rules and regulations. D. In the event of Organization's non-compliance with the non-discrimination requirements, the Agreement may be canceled, terminated, or suspended in whole or in part, and Organization may be barred from further contracts with City. IX. WARRANTIES ORGANIZATION represents and warrants that: A. All information, reports and data heretofore or hereafter requested by City and furnished to City, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to City. B. Any supporting financial statements heretofore requested by City and furnished to City, are complete, accurate and fairly reflect the financial conditions of Organization on the date shown on said report, and the results of the operation for the period covered by the report, and that since said data, there has been no material change, adverse or otherwise, in the financial condition of Organization. C. No litigation or legal proceedings are presently pending or threatened against Organization. D. None of the provisions herein contravenes or is in conflict with the authority under which Organization is doing business or with the provisions of any existing indenture or agreement of Organization. E. Organization has the power to enter into this Agreement and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Agreement. F. None of the assets of Organization are subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements furnished by Organization to City. Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for payment. X. CHANGES AND AMENDMENTS A. Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of this Agreement expressly provide that another method shall be used. B. Organization may not make transfers between or among approved line-items within budget categories set forth in Exhibit B without prior written approval of the Community Development Administrator for the City. Organization shall request, in writing, the budget revision in a form prescribed by City, and such request for revision shall not increase the total monetary obligation of City under this Agreement. In addition, budget revisions cannot significantly change the nature, intent, or scope of the program funded under this Agreement. C. Organization will submit revised budget and program information, whenever the level of funding for Organization or the program(s) described herein is altered according to the total levels contained in any portion of Exhibit B. D. It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such modifications are to be automatically incorporated into this Agreement without written amendment hereto, and shall become a part of the Agreement on the effective date specified by the law or regulation. E. City may, from time to time during the term of the Agreement, request changes in Exhibit A which may include an increase or decrease in the amount of Organization's compensation. Such changes shall be incorporated into this contract through a written amendment hereto, as provided in Subsection A of this Section. F. Any alterations, deletions, or additions to the Contract Budget Detail incorporated in Exhibit B shall require the prior written approval of City. G. Organization agrees to notify City of any proposed change in physical location for work performed under this Agreement at least thirty (30) calendar days in advance of the change. H. Organization shall notify City of any changes in personnel or governing board composition. I. It is expressly understood that neither the performance of Exhibit A for any program contracted hereunder nor the transfer of funds between or among said programs will be permitted. XI. INDEMNIFICATION A. It is expressly understood and agreed by both parties hereto that City is contracting with Organization as an independent contractor and that as such, Organization shall save and hold City, its officers, agents and employees harmless from all liability of any nature or kind, including costs and expenses for, or on account of, any claims, audit exceptions, demands, suits or damages of any character whatsoever resulting in whole or in part from the performance or omission of any employee, agent or representative of Organization. B. Organization agrees to provide the defense for, and to indemnify and hold harmless City its agents, employees, or contractors from any and all claims, suits, causes of action, demands, damages, losses, attorney fees, expenses, and liability arising out of the use of these contracted funds and program administration and implementation except to the extent caused by the willful act or omission of City, its agents or employees. XII. INSURANCE A. Organization shall observe sound business practices with respect to providing such bonding and insurance as would provide adequate coverage for services offered under this Agreement. B. The premises on and in which the activities described in Exhibit A are conducted, and the employees conducting these activities, shall be covered by premise liability insurance, commonly referred to as "Owner/Tenant" coverage with City named as an additional insured. Upon request of Organization, City may, at its sole discretion, approve alternate insurance coverage arrangements. C. Organization will comply with applicable workers' compensation statutes and will obtain employers' liability coverage where available and other appropriate liability coverage for program participants, if applicable. D. Organization will maintain adequate and continuous liability insurance on all vehicles owned, leased, or operated by Organization. All employees of Organization who are required to drive a vehicle in the normal scope and course of their employment must possess a valid Texas Driver's license and automobile liability insurance. Evidence of the employee's current possession of a valid license and insurance must be maintained on a current basis in Organization's files. E. Actual losses are not covered by insurance as required by this Section are not allowable costs under this Agreement, and remain the sole responsibility of Organization. F. The policy or policies of insurance shall contain a clause which requires that City and Organization be notified in writing of any cancellation or change in the policy at least thirty (30) days prior to such change or cancellation. XIII. CONFLICT OF INTEREST A. Organization covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Organization further covenants that in the performance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body. B. Organization further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use his/her position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself/herself, or others; particularly those with which he/she has family, business, or other ties. C. No officer, member, or employee of City and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall participate in any decision relating to the Agreement which affects his personal interest or the interest in any corporation, partnership, or association in which he has direct or indirect interest. XIV. NEPOTISM Organization shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by Organization, or is a member of Organization's governing board. The term "member of immediate family" includes: wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister. XV. NOTICE Any notice or other written instrument required or permitted to be delivered under the terms of this Agreement shall be deemed to have been delivered, whether actually received or not, when deposited in the United States mail, postage prepaid, registered or certified, return receipt requested, addressed to Organization or City, as the case may be, at the following addresses: TO CITY: TO CONTRACTOR: City Manager City of DeNon 215 E. McKinney St. Denton, Texas 76201 Director Cumberland Presbyterian Children's Home 1304 Bernard St PO Drawer G Denton, Texas 76202 Either party may change its mailing address by sending notice of change of address to the other at the above address by certified mail, return receipt requested. XVI. MISCELLANEOUS A. Organization shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any claim arising thereunder to any party or parties, bank, trust company or other financial institution without the prior written approval of City. B. If any provision of this Agreemem is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and cominue to conform to the original intent of both parties hereto. C. In no event shall any payment to Organization hereunder, or any other act or failure of City to insist in any one or more instances upon the terms and conditions of this Agreement constitute or be construed in any way to be a waiver by City of any breach of covenant or default which may then or subsequemly be committed by Organization. Neither shall such paymem, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to City to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved. No represemative or agem of City may waive the effect of this provision. D. This Agreement, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understanding, or other commitment occurring during the term of this Agreement, or subsequent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Agreement. E. In the event any disagreement or dispute should arise between the parties hereto pertaining to the interpretation or meaning of any part of this Agreement or its governing rules, codes, laws, ordinances, or regulations, City as the party ultimately responsible for matters of compliance, will have the final authority to render or to secure an interpretation. F. This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any litigation concerning this Agreement shall be in a court of competent jurisdiction sitting in DeNon County, Texas. IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this Agreemem as of the __ day of ., 2002. CITY OF DENTON, TEXAS BY: MICHAEL A. CONDUFF, MANAGER CITY ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT PROUTY, CITY ATTORNEY BY: CUMBERLAND PRESBYTERIAN CHILDREN'S HOME BY: EXECUTIVE DIRECTOR ATTEST: BY: BOARD SECRETARY City of Denton - Community Development Division Qualifying Income Limits for Federally Assisted Programs FY 2002~2003 Maximum Income Levels Family Size 1 2 3 4 5 6 7 8 Moderate Income 80% AMI - <65% AMI Low Income 65% AMI - <50% AMI Very-Low Income 50% AMI - <30% AMI Extremely-Low Income <30% AMI $37,250- $30,251 $42,550- $34,601 $47,900- $38,901 $53,200- $43,251 $57,450- $46,701 $61,700- $50,151 $65,950- $53,601 $70,200- $57,051 $30,250- $23,301 $34,600- $26,601 $38,900- $29,951 $43,250- $33,251 $46,700- $35,901 $50,150- $38,551 $53,600- $41,251 $57,050 - $43,901 Source: U.S. Department $23,300- $13,951 $26,600- $15,951 $29,950- $17,951 $33,250- $19,951 $35,900- $21,551 $38,550- $23,151 $41,250- $24,751 $43,900- $26,351 $13,950 or Below $15,950 or Below $17,950 or Below $19,950 or Below $21,550 or Below $23,150 or Below $24,750 or Below $26,350 or Below of Housing and Urban Development Effective: October 2002 EXHIBIT "A" WORK STATEMENT CUMBERLAND PRESBYTERIAN CHILDREN HOME WORK STATEMENT Provision of In-home counseling to determine family's goals and collaborate with them to take steps toward positive outcomes. Provision of life skills and parenting skills training. Provision of housing assistance under the Single Parent Family Program in duplexes on Cumberland Presbyterian Children's Home property. Aftercare for two years including the availability of regular home visits, telephone case management and additional support. OUTCOME MEASURES A minimum of six households or 30 individual unduplicated clients will be served through the Single Parent Family Program and Family/In Home Services. At least 25% of assisted households will be documented as "living independently", at least initially after the termination of the "aftercare" period. S:\O~ Docaments\Contracts\02\cambezland02. doc ~- 2 EXHIBIT "B" BUDGET CUMBERLAND PRESBYTERIAN CHILDREN'S HOME Staff Salaries Payment of salaries or contractual services for Single Family Parent and In Home Services programs. $2,500 S:\O~ Docmnents\Contracts\02\cmnbezland02. doc ~- 3 This page left blank intemionally. Agenda 02-031 09/17/02 #24 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: September 17, 2002 Economic Development Dave Hill, 349-8314 SUBJECT Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving guidelines for operation of the City of Denton Home Improvement and Optional Reconstruction Program and eligibility criteria; authorizing expenditures in excess of $25,000 for projects meeting program guidelines and criteria; and providing for an effective date. BACKGROUND This ordinance approves guidelines and eligibility criteria for the 2002 Home Improvement and Optional Reconstruction Program. Passage of this ordinance authorizes project payments that exceed $25,000 when the project meets program eligibility criteria and guidelines. City Council awarded CDBG and HOME grant funds for the 2002 Program year as part of the City of Denton 2002 Action Plan for Housing and Community Development. Additional funding sources include program income, a grant from the Denton County Housing Finance Corporation and owner- provided personal funds. All rehabilitation and reconstruction projects are competitively bid and owners select contractors from eligible bids received. Summary of guideline changes: 1 .) The Qualifying Income Limits are revised to meet HUD's annual adjustment. 2.) A guideline was established regarding assistance of a property obtained through inheritance. No other significant changes are being proposed. OPTIONS · Approve guidelines as presented · Request revisions to program guidelines · Deny approval of program and reallocate funding to other eligible activities (this would require amendment to City's Action Plan for Housing and Community Development) RECOMMENDATION Staff recommends adoption of the ordinance ESTIMATED SCHEDULE OF PROJECT The program guidelines will be in effect for owner-occupied rehabilitation and reconstruction projects completed through September 30, 2003. PRIOR ACTION/REVIEW (Council, Boards, Commissions) City Council approved the Home Improvement and Optional Reconstruction Program activities in the City of Denton 2002 Action Plan for Housing and Community Development. FISCAL INFORMATION Housing staff salaries related to program delivery will be paid with CDBG and HOME funds. general fund dollars are included to administer this program. No ATTACHMENTS 1. Proposed Ordinance - page 3 2. 2002 Home Improvement and Optional Reconstruction Program Guidelines - pages 5-34 Respectfully submitted: Prepared by: Linda B. Ratliff Director, Economic Department Nancy L. Baker Housing Program Manager S:\Our Docmments\Ordinances\02~2002 HIP ORP CC Ordinance. doc ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING GUiDELiNES FOR OPERATION OF THE CITY OF DENTON HOME IMPROVEMENT & OPTIONAL RECONSTRUCTION PROGRAM AND ELIGiBiLITY CRITERIA; AUTHORIZING EXPENDITURES IN EXCESS OF $25,000 FOR PROJECTS MEETING PROGRAM GUIDELINES AND CRITERIA; AND PROViDiNG FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of DeNon recognizes the need to assist low and moderate income families in securing safe, sanitary and decmt housing; and WHEREAS, the City of Denton participates in a Home Improvemem & Optional Reconstruction Program administered by the City of DeNon Community Developmem Office and funded through a federal grant from the Departmem of Housing and Urban l~velopmem; and WHEREAS, the City Council deems it to be in the public interest to approve the Program Eligibility Criteria for the 2002 Program year; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Council approves the Home Improvemem & Optional Reconstruction Program Guidelines and Home Improvement & Optional Reconstruction Program Eligibility Criteria which are attached hereto and made a part of this ordinance for all purposes as Exhibit "A" and authorizes the City of DeNon Community Developmem Office to administer this program. SECTION 2. That the City Council authorizes the expenditure of funds in excess of $25,000 by the Community Developmem Office for projects meeting the Program Guidelines andCriteria, subject to compliance with competitive bidding laws, where applicable. SECTION 3. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2002 EULINE BROCK, MAYOR S:\Our Docmments\Ordinances\02~2002 HIP ORP CC Ordinance. doc ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 of 2 Home Improvement & Optionol Reconstruction 2002 Program Guidelines Available in Spanish / Disponible en Espafiol Effective Date: 10/01/2002 Applicant(s) Is Subject To All Guideline Changes TABLE OF CONTENTS Introduction Description of Program Procedures ............................................. Page # V. Eligibility Requirements .............................................................. 8 Application Processing .............................................................. 10 Description of Financial Assistance ........................................... 11 Feasibility for Rehabilitation Process ........................................ 14 Appeals Provision ...................................................................... 16 Contractor Selection and Monitoring ........................................ 16 Payment to Contractor ............................................................... 18 Contractor Debarment ................................................................ 18 II. III. IV. V. VI. VII. VIII. IX. Purpose ...................................................................................... 20 Designated Authority ................................................................. 20 Implementation Process ............................................................. 20 Eligibility Requirements ............................................................ 22 Feasibility for Reconstruction .................................................... 23 Selection of Recipients for Assistance ....................................... 23 Allowable Expenses & Categories of Financial Assistance ...... 23 Rehousing Agreement ................................................................ 27 Final Inspection - Certificate of Occupancy .............................. 27 Appendix 1 Appendix 2 Appendix 3 Appendix 4 Qualifying Income Limits and Ranges for the City of Denton's Federally Assisted Programs ............................. 29 Target Neighborhoods Map ................................................ 30 Optional Reconstruction Program Application and Temporary Relocation Questionnaire ................................. 31 Optional Reconstruction Program Rehousing Agreement for Applicants ...................................................................... 33 6 INTRODUCTION The City of Denton Home Improvement and Optional Reconstruction Programs are designed to assist low and moderate-income families in securing safe, sanitary and decem housing. This program's objective is to assist eligible homeowners to rehabilitate single-family owner-occupied houses by making needed repairs with the first priority being to correct code violations. When a determination is made that the structure is not feasible to rehabilitate to minimum standards under the City's Home Improvement Program the applicant may be eligible for assistance through the Optional Reconstruction Program. The Optional Reconstruction Program provides funds to demolish existing dilapidated dwellings and reconstruct adequate, decent, safe and sanitary replacement dwellings. The Home Improvement and Optional Reconstruction Programs are administered by the City of DeMon's Community Developmem Division and are funded by federal grant from the Department of Housing and Urban Development. The following pages comain a detailed description of these programs including policies and procedures. The purpose of these guidelines is to explain to potential applicants and the citizens of Denton, the Home Improvement and Optional Reconstruction Programs and their levels of assistance. For further information or clarification of the guidelines, comact the Community Developmem Division. Community Development Division 100 West Oak Street, Suite 208 Denton, Texas 76201-4144 (940) 349-7726 7 Home Improvement Program Description of Program Procedures Eligibility Requirements - Eligibility requirements must be met for both the applicant household and the structure. Eligibility for assistance is completed in two phases as described in Sections I.A. and I.B. below. A. Applicant/Household Eligibility Requirements Are: 1. Must be a United States citizen or a legal resident alien. Must have owned and occupied the single-family-dwelling unit for not less than five years for the Home Improvement and Optional Reconstruction Programs. (The period of time an applicant has lived in a property under a lease for purchase/or contract for deed form or purchase may be taken into consideration in calculating the five years.) 3. Must hold a Fee Simple Title to the property. If applicant is purchasing their home by a "contract for deed" (or a like contract), where applicant does not gain title to the property deed until all contractual obligations have been met, applicant is not eligible for rehabilitation assistance. The seller must provide the purchaser with a warranty deed on the property to satisfy the eligibility requirement of item I.A.3. above. If applicant(s) inherited property, the legal documents establishing applicant(s) as the sole deed holder must be on file in the Real Property Records of the Denton County Clerk's Office. If applicant can provide proof of residency in this property for the most recent five (5) years, the five-year ownership requirement may be waived. 4. Must meet program's income limits. Gross annual total household income is at or below 80 percent the current Area Median Income (AMI) adjusted for family size. Current maximum income limit by household size is: Numberof People 80%ofthe AMI Living in Household Maximum Income Limit 1 $37,25O 2 $42,55O 3 $47,900 4 $53,2OO 5 $57,45O 6 $61,700 7 $65,95O 8 $7O,2OO b. Must not have assets (total combined for all household members) in excess of $100,000. Bo NOTE 1: The appraised value of the applicant's home is excluded in total assets calculation. NOTE 2: Annual income and asset income are calculated using HUD's most current Section 8 Income guidelines and rules as established in the Technical Guide for Determining Income. 5. Must be in good credit standing with and exhibit the financial ability to pay creditors including the following basic housing expenses: a. Home Mortgage Payment including the loan with the City of Denton to rehabilitate property b. Loan and revolving credit payment(s). c. Property Taxes (City, County, DISD) for all owned properties. d. Homeowner's Insurance Policy premiums e. Utilities: electrical/water/sewage/solid waste and gas 6. Homeowner may be required to apply for a loan to provide the program required contribution (see Section III.A.). 7. Pre-existing mortgage note balance cannot exceed 80 percent of the property's appraised value as set by the Denton Central Appraisal District (cannot exceed 70 percent of the property's appraised value to participate in the Optional Reconstruction Program). NOTE: The City of Denton reserves the right to request an independent market analysis. 8. Applicants denied assistance due to poor credit history may be reconsidered for the program upon verifiable completion of six (6) consecutive months of successful debt management with Consumer Credit Counseling of North Texas or other debt management companies with written approval. Property Eligibility Requirements 1. Must be classified as a single-family-dwelling unit and be situated in a Targeted Neighborhood within the city limits of Denton (Refer to Targeted Neighborhoods Map - Appendix 2). 2. Must exhibit building code deficiencies that make the structure unsafe or unsanitary. 3. May not have existing property code violations (such as high weeds, trash, debris, junk vehicles, etc). Any liens placed on properties for correcting any code violations must be paid in full by the time application processing occurs. 4. Must be serviced by a City-approved water supply, sanitary sewer and electrical system. 5. Must meet all of the City of Denton's Land Development Codes. 6. Must be feasible for rehabilitation as defined in Section IV of the Program Procedures. 9 7. Must be covered by an approved homeowner's insurance policy. NOTE: If an applicant's property is not currently insurable because of its present condition, the applicant must obtain a homeowner's insurance policy quote (from any reputable insurance agency). The quote should be based on the after-rehabilitation structural status. Applicant should inform The Insurance agent that the structure will be rehabilitated to meet all current Building, Electrical, Plumbing and Fire-Safety codes. Applicant must provide this quote to the Community Development Division and sign a NOTICE OF INTENT AND AGREEMENT TO OBTAIN A HOMEOWNER INSURANCE POLICY to satisfy eligibility required in item I.B.7. A property that has been previously rehabilitated with Federal or State grant funds after March 1995 is not eligible for assistance. Properties having received assistance before April 1995 may be eligible for additional assistance after eight (8) years from the date of the last assistance. 9. With the exception of 1.B.8. above, households previously assisted with HOME funds may be eligible for rehab assistance based on availability of funds and federal regulations. II. Application Processing A. To be placed on the waiting list, applicants must meet the following guidelines: 1. Household's total gross annual income does not exceed current program income limits. 2. Owner is the occupant of a single-family dwelling unit for not less than three years. 3. Property is located in a Targeted Neighborhood (see Appendix 2) Applicant must complete a Waiting List Application Form and attach a copy of property deed. (Waiting List Application Forms are available at the Community Development Division, 100 West Oak Street, Suite 208, Denton, Texas, 76201-4144, 940-349-7726.) B. A household is assigned the next available number on the waiting list, in the order, by time and date the completed waiting list application is received by the Community Development Division. When applicant reaches the top of the waiting list, s/he will be notified in writing to complete the application process. The letter of notice to apply for assistance requests applicant to provide the following items: Copy of Deed or Warranty Deed for the property to be rehabilitated (applicant must be deed holder) Name/mailing address of your mortgage company (if you have a mortgage payment) Name/mailing address of your Homeowner insurance policy provider with "paid" receipt or canceled check Current year's "paid" Property Tax receipts from DISD, City and County tax offices. Most current Notice of Appraised Value from the Denton Central Appraisal District Current year's Income Tax Return with W-2's, 1099's, etc. for each household member who filed tax returns Social Security number(s) for household members who receive Social Security benefits Most current income statement (if you receive Social Security benefits) Paycheck stubs for last four weeks for each employed household member Employers' names/addresses for each employed household member 10 · Names and addresses of retirement income or any other income sources (ALL INCOME SOURCES MUST BE DISCLOSED--RETIREMENT, RENTAL/HAP INCOME, AFDC, FOOD STAMPS, ETC.) · Divorce decree if you receive child/other support from a divorce o_r if you were awarded deed to your property through a divorce · Two most current months' statements (must include names/addresses/account numbers of all banks, credit unions, savings banks, IRA accounts, etc. for al_l household members who have any of these types of accounts · Bills for the last twelve months from TXU, CoServe, ONCOR and City Utilities. (If you don't have copies of the last twelve months bills, TXU, CoServe, ONCOR or City of Denton Utilities will mail you a summary. Please be sure the summary has your current balance stated.) NOTE: Deadlines given for contacting the CD office to make an appointment to apply and those given for submitting application information will be stated in the notice to apply letter (See Section II.C.). The deadlines will be enforced. Applicant must provide all information requested in II.C. above that applies to his/her household and complete all required verification forms in the application packet. All provided information must be current and up to date. Household income will be re-verified prior to contract signing. All information will be verified by Community Development staff. If any information is found to have been intentionally falsified, the application will be rejected and the applicant will not be allowed to reapply to this program. E. Community Development staff will calculate the gross annual household income and determine the percent of income spent for housing expenses. Community Development staff will notify eligible applicant(s) of the financial assistance category he/she is eligible for under the program guidelines. Applicant will be notified that final eligibility for assistance is determined upon completion of the feasibility for rehabilitation process. Ineligible applicants will be notified of the reason their application for assistance is being rejected. iii. Description Of Financial Assistance Categories Applicant must attend a credit evaluation meeting with Consumer Credit Counseling Services, Inc. Also, obtain a loan, or provide from personal funds a personal contribution toward the rehabilitation of the property. The amount of private funds a household is asked to contribute to the project is based on a sliding scale as follows: Moderate (80%-+65%AMI)Income Households Low Income (65%-+50%AMI) Households Very-Low Income (50%-+30%AMI) Households Extremely-Low Income (0-30%AMI) Households : 1% of total project : .75% of total project : .5% of total project = .25% of total project To be eligible for assistance through the City of Denton's Home Improvement Program a family must be in good credit standing and exhibit the ability to pay back a rehab loan. The City of Demon will fund the remaining project cost. This City funded portion of the project has a loan lien period and financial assistance categories for those who qualify for the Home Improvement Program. The loan lien period categories are based on project cost. The financial assistance categories are based on the Qualifying Income Limits and Ranges for the Ci.ty of Denton's Federally Assisted Programs (see Appendix 1 to these guidelines for current income limit ranges). A description of the loan lien period and financial assistance categories and their requirements are: 11 Loan Lien Period Categories: Project Cost Less than $10,000 Project Cost Between $10,000 - $25,000 Project Cost Between $25,001 & up = 5 year lien (60 months) = 10 year lien (120 months) = 15 year lien (180 months) Financial Assistance Categories: 1. 70 Percent Rehabilitation Loan / 30 Percent Deferred Payment Loan: Applicants whose gross annual household income falls above 65 percent up to 80 percent of the area median family income limits will qualify for this two-part loan; a 3 percent interest loan with the loan amount being based on 70 percent of the total City- funded project cost amortized over the Loan Lien Period. The lien will not be released on this part of the loan until all payments are received in full by the City of Denton; and a deferred payment loan with the loan amount being based on 30 percent of the total City- funded project cost. A detailed description of the deferred payment loan is found below at the end of section III.B.4. 40 Percent Rehabilitation Loan / 60 Percent Deferred Payment Loan: Applicants whose gross annual household income falls above 50 percent up to 65 percent of the area median family income limits will qualify for this two-part loan; a 3 percent interest loan with the loan amount being based on 40 percent of the total City- funded project cost amortized over the Loan Lien Period. The lien will not be released on this part of the loan until all payments are received in full by the City of Denton; and a deferred payment loan with the loan amount being based on 60 percent of the total City- funded project cost. A detailed description of the deferred payment loan is found at the end of section III.B.4. 20 Percent Rehabilitation Loan / 80 Percent Deferred Payment Loan: Applicants whose gross annual household income falls above 30 percent up to 50 percent of the area median family income limits will qualify for this two-part loan; 3 percent interest loan with the loan amount being based on 20 percent of the total City- funded project cost amortized over the Loan Lien Period. The lien will not be released on this part of the loan until all payments are received in full by the City of Denton; and a deferred payment loan with the loan amount being based on 80 percent of the total City- funded project cost. A detailed description of the deferred payment loan is found at the end of section III.B.4. 10 Percent Rehabilitation Loan / 90 Percent Deferred Payment Loan: Applicants whose gross annual household income falls at or below 30 percent of the area median family income limits will qualify for this two-part loan; a. a 3 percent interest loan with the loan amount being based on 10 percent of the total City- funded project cost amortized over the Loan Lien Period. The lien will not be released on this part of the loan until all payments are received in full by the City of Denton; and a deferred payment loan with the loan amount being based on 90 percent of the total City- funded project cost. A detailed description of the deferred payment loan is found at the end of section III.B.4. 12 *DESCRIPTION OF A DEFERRED PAYMENT LOAN A deferred payment loan shall carry 0 percent interest and continue until the applicant satisfies the conditions listed in the deed of trust and promissory note executed prior to project start date. There are no monthly payments. Deferred payment loans are secured by a lien on the property. For each month the applicant lives on the property, a monthly payment amount established in a promissory note will be forgiven. If the property is sold or transferred before the lien period expires, the applicant is credited for every month of residency. The credit is subtracted from the total loan amount to determine the unforgiven loan balance. The unforgiven balance is owed and becomes due to the Community Development Program. Amounts received are used as program income. The City of Denton will be in the first lien position on all rehabilitated dwellings. However, in situations where first lien position is not feasible, the City will accept a second lien position subject to the review and approval of the Community Development Administrator. The lien will not be released unless the following conditions are met: 1. The applicant must reside in the unit for the full period of the lien. 2. The property must be maintained to meet City code requirements. 3. Mortgage payments must be met on a timely basis. 4. Home applicant must provide documentation of adequate homeowner's insurance, including casualty and fire coverage, and the City must be listed as a Mortgagee on the Certificate of Insurance to be notified in case of policy cancellation. NOTE: The Deed of Trust Contract requires the applicant, upon completion of the rehabilitation, to maintain and/or purchase, for the full length of time which the City of Denton will have a lien on property, an insurance policy that: covers all improvements resulting from the rehabilitation for their full insurable value; provide fire and extended coverage, including windstorm coverage; provides flood insurance at any time property is in a flood hazard area. Applicant agrees to comply at all times with the requirements of the 80 percent coinsurance clause; and keep any buildings occupied as required by the insurance policy. If within the period of the lien the applicant defaults on their deferred payment loan or the payable loan, the lien will be called due in full and foreclosure proceedings may be initiated. The City will make every effort to work with the applicant to avoid foreclosure and will examine each situation on a case-by-case basis. Repayment Policy for Financial Assistance: The applicant must agree to have a lien placed on their property until they have satisfied the requirements of the promissory note. The lien will remain until the loan has been paid in full. If for any reason the loan recipient decides to sell or rent the property before the lien's terms are all met, the note's balance will become due. In the event the owner(s) passes away prior to the maturity date, or the owner(s) can no longer reside in the property due to a permanent medical condition, should the legal heirs to the property decide to sell the property, the amount the City of Denton will settle for will be the lesser of.' a. 75 percent of the property's market value (based on an approved independent appraisal at the time of sale); or, b. The payoff balance of the lien due the City of Denton at the time the applicant passed away or is no longer able to reside in his/her home. 13 Liens will remain in effect until the grantee has met all requirements as specified in the promissory note. In the event of the sale of the property, any unpaid balance of the loan and the total deferred loan amount will become due immediately. If, in the event of the death of the grantee, a family member who meets the Program's income limits who takes up residency in the property and who becomes the sole deed holder of the property may apply to the Community Development Division for continued assistance with the loan. The assistance level will be based on current-year Program guidelines and the applicant-owner will be required to sign an Adjustment and Extension o/Note and Lien. Failure to do so can result in default on the loan, the lien will be called due in full and foreclosure proceedings may be initiated. The City will make every effort to work with the applicant to avoid foreclosure and will examine each situation on a case-by-case basis. If, after the loan payback begins, a household experiences a permanent, substantial loss of household income, an applicant can request a re-evaluation of their total annual gross household income. This evaluation may result in a decrease in the payable portion of the note. The loss of income must be from an income-earning household member(s) whose income was used in determining the originalloan assistance category. Please note: Loss of employment (voluntarily or involuntarily) is not considered a "permanent loss". For purposes of this program "permanent loss" is defined as: 1. death 2. retirement (must be 62 years of age or older) 3. permanent disability 4. Other substantial permanent loss of income, when approved by Community Development Administrator. All household members must complete all income information and forms as required in Section II - Application Processing to determine if an adjustment and/or extension to the payable portion of the note is eligible. A determination will be made after evaluating the household size and income using the program guideline income limits and financial assistance categories that are being used at the time the request for reduced loan payment is made. When a loan adjustment and/or extension is granted, the applicant must sign an Adjustment and Modi[ication o/Note and Lien reflecting the adjustment and/or extension of the note. IV. Feasibility For Rehabilitation Process A. A decision as to whether a structure is feasible for rehabilitation is made after a complete assessment of the following factors. Completion of a detailed inspection of the property by Community Development staff is conducted. This inspection includes completing a list of all deficiencies that must be corrected in order to bring the structure up to minimum program standards (compliance with HUD's Section 8 Minimum Housing Quality Standards) and City of Denton building codes. Determine if the rehabilitation cost will be affected by: the zoning of a property, a property being located in a designated 100-year floodplain or floodway, a need to abate possible presence of lead-based paint, possible historical restoration requirements or if a rehab will reduce noise levels if property is in a high noise area. NOTE: The Floodplain Management regulations limit the total cost of all non-code repairs for any structure located in a designated 100-year floodplain to not exceed 50 percent of a 14 property's (structure only) pre-rehabilitation appraised value as set by the Denton Central Appraisal District. Determine if the framework and foundation of a structure are stable, or can be made stable through rehabilitation. Lead-based paint hazard reduction techniques will be used when lead-based paint exceeds HUD's acceptable limits for lead content in existing paint. The limits for lead content exceed HUD' s limits when lead content exceeds 1 mg per cm2 (one milligram per centimeter squared), or 5000 ppm (parts per million). The reduction techniques used by this program are described and found in the U. S. Department of Housing & Urban Development's publication, Guidelines For The Evaluation and Control Of Lead-Based Paint Hazards In Housing, issued June 1995. 5. Is a room addition(s) needed to relieve serious overcrowding? NOTE: Room additions and improvements to relieve serious overcrowding may be eligible and require the approval of the Community Development Administrator. The City will follow the standards consistent with the Community Development Division Replacement Housing Space Allowances Policy when considering the number of bedrooms needed to avoid overcrowding. Using all information obtained in items IV.A. 1-5. above, a cost estimate and structural evaluation will be completed. A project with a cost estimate above Program Maximum Limits is not eligible for rehabilitation assistance. Applicant may be referred to Optional Reconstruction Program. PROGRAM MAXIMUM LIMITS FOR REHABILITATION A rehabilitation that cannot meet all of the following limit tests is considered cost prohibitive or not feasible for rehabilitation. Rehabilitation will not exceed $40 per square foot of total living space (using after rehabilitation square footage). Exceptions: An additional $10 per square foot, is available, if the house needs to comply with lead reduction. An additional $10 per square foot, is available, if house needs to comply with historical requirements. 2. Rehabilitation will not exceed the current Maximum Home Subsidy Limits for Denton as set by HUD. The after rehabilitation appraised property value plus all costs expended to complete the project (including the other funds and owners portion) will not exceed the current Single Family Mortgage Limit for Denton as established by HUD. D. PROGRAM MINIMUM LIMITS FOR REHABILITATION A structure needing less than $5000 of repairs is not eligible for rehabilitation assistance. An applicant who feels that s/he has been unjustly denied rehabilitation assistance under the City's Home Improvement or Optional Reconstruction Program should follow the appeals procedure outlined in Section V. V. Appeals Provisions: 15 Request for Waiver: The City of Denton's Home Improvement Program has been developed to adhere to a set of guidelines in order to assure proper administration and management of the Home Improvement Program. In the event that an applicant feels that his/her circumstances require special consideration, s/he can request, in writing, a waiver from the usual requirements. All requests should specify the requirement(s) to be considered for waiver and state the applicant's reason(s) or special circumstances why s/he believes a waiver should be approved. Requests will be reviewed by the Community Development Administrator on a case-by-case basis. Applicant will be notified in writing of the Community Development Division's final decision. Appeals Procedure: Applicants, who have been determined by the Community Development Administrator to be ineligible for rehabilitation, may appeal this decision to the Department Director. A written appeal must be submitted. The Department Director shall issue a written response within fifteen days of receiving the request. VI. Contractor Selection And Monitoring All housing rehabilitation recipients are responsible for finding a contractor who will develop a proposal to make the necessary repairs to their home. Your contractor's proposal must be submitted to the Community Development Division within 30 days from the date you receive the work order write-up prepared by the Community Development Housing Inspector. Contact any reputable and experienced contractor and request a bid for the required work. IF YOU HAVE ANY TROUBLE FINDING A CONTRACTOR, contact any of the following places for assistance: Your local Better Business Bureau Any friends or neighbors who have had remodeling done to their properties. Chamber of Commerce Community Development Division Contractor's List When a contractor comes to look at your home you should: Show him/her the mandatory work items that have been identified by the Community Development Housing Inspector. Advise him/her that the bid proposal must be returned to you or the Community Development Division for submission to the rehabilitation program on or before the due date. DO NOT SIGN ANY AGREEMENT WITH THE CONTRACTOR. Bring the contractor's bid proposal to the Community Development Division at 100 West Oak Street, Suite 208, where you made your original application. The Community Development Housing Rehabilitation Inspector or Housing Rehabilitation Specialist will review the proposal to verify that: 1. The contractor is licensed and has all City-required insurance coverages. 2. All required improvements have been included in the bid. 3. The proposed work is in conformance with the program's General Specifications. 4. All proposed rehabilitation costs are reasonable. 16 5. The contractor you have chosen has not been disqualified (debarred) by any local, State or Federal government agency. The bid proposals that are submitted by the applicant will be reviewed by the Community Development Housing Rehabilitation Inspector to determine if the total bid price is reasonable and under the maximum allowable amount. THE CITY OF DENTON AND THE APPLICANT RESERVE THE RIGHT TO REJECT ANY AND ALL BIDS. If the bid proposal selected by the applicant is approved by the Community Development Administrator, then the Community Development staff shall proceed with the review of all other forms submitted by the contractor. Any contractor whose name appears on the most current HUD or City of Denton Debarred Contractor's List will not be eligible to participate in this program. References will be checked and claims of substandard workmanship will be cause to declare a contractor ineligible. The contractor must also submit all required proof of insurance forms and bonds (if applicable). Failure to submit these will result in rejection of the bid proposal. Once the contractor has been selected and approved, a construction contract must be signed. Before the contractor can start work, the applicant must issue a notice to proceed. The contractor's work will be monitored by the applicant, the Community Development staff and the City of Denton building code inspector. If the applicant considers any work done by the contractor to be unsatisfactory or incomplete, the applicant should advise the contractor of the discrepancy and ask that it be corrected. In the event a dispute exists between the applicant and the contractor with respect to the rehabilitation work, the City shall take appropriate action in accordance with the provisions of the construction contract to assure that the applicant is satisfied before making any payment to the contractor. In the event a dispute cannot be resolved, the Department Director shall consider all pertinent facts and shall decide an appropriate course of action to resolve the dispute. Acceptance of Work Final Inspection - In order for the contractor to close out a rehabilitation job, a final inspection shall be made by the City of Denton building code inspector, the Community Development staff, and the applicant. If the final inspection results in no additional work or no specified corrections, the applicant shall sign the contractor's release form which states that all work has been completed to their (applicant's) satisfaction. The building code inspector shall sign a final inspection form to confirm the same. At this time, the contractor is required to submit to the Community Development Division copies of all warranties and releases of liens from subcontractors and suppliers. Community Development will not authorize payment to the contractor until these documents are properly completed and submitted. Community Development staff will make copies of warranties and other documentation. The applicant will receive original warranty and guarantee documents. The Community Development Division will retain copies of these documents for the file. Warranty of Work - As stated in the rehabilitation contract, the contractor shall guarantee the work performed for a period of at least one-year from the date of final acceptance. The contractor will return in thirty (30) days and ask the applicant if any additional repairs are necessary. Any deficiencies or necessary repairs to specified work will be completed at this time. If no repairs are needed, the contractor will request that the applicant release the contingency payment. VI I. Payment To Contractor 17 The contractor shall receive payment, minus the contingency amount, for all completed contracts within 15 working days after final inspection approval. The contingency amount equals 10 percent of the total contract amount and will be withheld for thirty (30) days from the date of final acceptance by CD staff. After thirty days, if no additional or warranty work remains, the contractor must request from applicant an approval to release withheld contingency funds. A contractor may request interim payments throughout the course of the project. Interim payments will be made available to the contractor upon applicant and inspector approval of any contract work that has been completed. Contractor will submit a CONTRACTOR REQUEST FOR PAYMENT AND PERIODIC STATEMENT from the applicant when requesting payments. An "All Bills Paid" affidavit and release of lien from all subcontractors and suppliers must be submitted by the contractor to the Community Development Division before final payment can be released to contractor. All electrical, plumbing, mechanical and roofing permits and termite inspection report must also be submitted to the Community Development Division prior to releasing contingency payment to the contractor. VI I I. Contractor Debarment A contractor will be declared ineligible to participate in projects funded by the City of Denton's Home Improvement Program for one or more of the following causes: 1. Failure to complete a project within the prescribed contract period. 2. Failure to complete warranty repairs within a reasonable time period. 3. Failure to use licensed plumbing and electrical subcontractors. 4. Failure to obtain City-required insurance, i.e., general contractor's liability, automobile liability and builder's risk (if applicable). 5. Failure to complete work in accordance with program specifications and/or accepted standards of workmanship. 6. Failure to pay all subcontractors working on the project appropriately and/or by not submitting affidavits of payment signed by all subcontractors. 7. Failure to obtain proper permits for work in progress. 8. Failure to treat applicants with respect and courtesy. Contractors will be notified of their proposed debarment and will be afforded the opportunity to comment or appeal the action. All appeals must be made in writing to the Community Development Division by the 15th day from the date of the notification letter. Contractors debarred from the Home Improvement Program may no longer contact applicants receiving CDBG or HOME grant funds with the intent of providing a bid for a project. 18 Optional Reconstruction Program Description Of Program Procedures Unless herein stated otherwise, the general operating procedures contained in the City of Denton's Community Development Home Improvement Program Guidelines will be followed. i. PURPOSE The City of Denton, Texas, will provide assistance necessary to accomplish the reconstruction of dwellings not feasible for rehabilitation. The Optional Reconstruction Program will provide funds to demolish existing dilapidated dwellings and reconstruct adequate, decent, safe and sanitary replacement dwellings. In addition, the City will also promote the elimination of slum and blight that exists in the City. Reconstruction payments and assistance will be carried out under the City of Denton's Community Development Program as an eligible expense from project funds. Assistance shall be subject to the availability of grant funds and U.S. Department of Housing and Urban Development (HUD) implementing regulations. Administrative procedures will be modified to meet any change in rules and regulations of HUD that may occur over time. ii. DESIGNATED AUTHORITY Administrative authority for implementation of the program will rest with the City of Denton's Community Development Division. This office will serve as the approving office for rehousing agreements and for contractual and budget changes as needed for project completion. The Community Development Administrator will have the responsibility for final determination of the amount of reconstruction assistance to be made available to individual applicants in accordance with the implementing procedures. The Community Development Administrator will be responsible for approval of applicant eligibility for the program and final approval of selection of applicants to be assisted. This will be based upon relative need of applicants on the City's list of houses that have been determined infeasible for rehabilitation under the Home Improvement Program. iii. IMPLEMENTATION PROCESS Steps in implementing the program will be as follows: Community Development Division maintains the list of applicants to the Home Improvement Program. When a determination has been made that the structure is not feasible to rehabilitate to minimum standards under the City's Home Improvement Program. Eligible applicants will Revised 08/26/97 Program Guidelines - Page 1 19 be assisted in the reconstruction of their home. They will be assisted in the Home Improvement Program Waiting List order. Applicant is notified that the rehabilitation of the structure has been determined to be infeasible. Eligibility requirements for the Optional Reconstruction Program must be met for applicants to be placed on the Optional Reconstruction Program waiting list. C. Staff evaluates applications for reconstruction assistance as specified in Section VI. Staff processes applications as possible under funding and staff limitations. D. Applicant is informed of available assistance. Applicant submits a Optional Reconstruction Program Application & TemporatT Relocation Ouestionnaire, acknowledging receipt of information explaining the City's program, and requesting reconstruction assistance to enable applicant to obtain suitable and adequate housing. Community Development Staff determine whether or not approval of applicant's Optional Reconstruction Program Application & Temporat~ Relocation Ouestionnaire reasonably may be expected to result in the successful and feasible rehousing of the applicant. In cases where the applicant's general health or income level would preclude his or her adequate and responsible operation of a replacement dwelling; and/or cases in which the costs of the replacement dwelling would be substantially above the costs of typical cases; and to the extent that the probability of the City reaching its Community Development Program goals would be endangered due to cost overruns, the applicant's request may be denied. The applicant will be notified in writing of the determination and, if the request is not approved, the reasons for denial. When the determination is approval of the applicant's request, a Notice of Approval will be sent informing the applicant that the City is authorized to enter into a rehousing agreement with the applicant for a specified Replacement Housing Payment determined appropriate by the city pursuant to its Reconstruction Policy. Prior to any agreement being executed between the applicant and the City, the Community Development Division will comply with the public disclosure and notification/authorization to and from HUD requirements according to 24CFR Part 70, Section 104(d), Reconstruction and One-for-One Replacement Housing Requirements. A Rehousing Agreement is executed between the applicant and the City, under the terms of which the applicant agrees to move permanently and voluntarily from the dwelling on or before a specified date. H. Community Development Staff will provide counseling and assistance as needed to applicants in order to facilitate the applicant's rehousing, including referrals to builders, suppliers, etc. The applicant and the Community Development Division agree to the arrangement and method of the approved payments, the applicant will execute a contract with a builder for the selected replacement dwelling. The applicant will also contract for the demolition of the substandard dwelling and for lot and site clearance and preparation. Revised 08/26/97 Program Guidelines - Page 2 2O J. When appropriate, the applicant voluntarily vacates the substandard dwelling. K. The replacement dwelling is constructed on the same lot as the original and is inspected by the City Building Inspections Division to determine adequacy and compliance with City codes. L. City certifies that the replacement dwelling is decent, safe, and sanitary and ready for occupancy. City issues a final building inspection. Applicant is required to obtain a Homeowner's Insurance Policy to cover the reconstructed home, as required by Deed of Trust. Coverage is required prior to the homeowner(s) moving in. Failure by the owner, or their representatives, to obtain homeowner's Insurance could result in the Community Development Office obligation to obtain insurance for the property and to take immediate action to begin foreclosure of the property. N. Applicant accepts replacement home. O. A formal closing ceremony is held and applicant acknowledges receipt of payment schedule. Upon completion of all actions in regards to reconstruction, applicant acknowledges in writing that all payments, assistance, and conditions of the rehousing agreement have been received to the applicant's satisfaction. Q. Applicant occupies replacement structure. IV. ELIGIBILITY REQUIREMENTS Eligibility for reconstruction payments and assistance shall be established as follows: A. Applicant has applied for rehabilitation assistance under the City of Denton's Home Improvement Program. B. Applicant was rejected for rehabilitation assistance on the grounds that the dwelling was not feasible for rehabilitation. Applicant is the owner-occupant of the dwelling for which reconstruction assistance is being requested and s/he resides within a Targeted Neighborhood (see Appendix 2). The dwelling has been the applicant's principal residence for a minimum of 5 years prior to application for reconstruction assistance. D. Applicant has presented proof of ownership by General or Special Warranty deed (City staff verifies proof of ownership through a title search An existing mortgage note balance cannot exceed 70 percent of the property's estimated after reconstruction appraised value as set by the Denton Central Appraisal District. (Note: The City of Denton reserves the right to request an independent market analysis.) Applicants shall provide complete and accurate information regarding their household composition, household income, and housing situation. Failure to disclose information that may affect eligibility requirements shall also constitute fraud. Applicants shall be required to 21 make full restitution to the City in the event Community Development Division services are provided to applicants who provide inaccurate or incomplete information in order to meet eligibility requirements. G. Applicants must demonstrate that their income exceeds their projected housing expenses. Applicants agree to conform to Denton Code Enforcement requests prior to being determined eligible for replacement housing assistance. Applicants agree to maintain dwelling and exterior grounds in accordance with applicable city ordinances. Applicants are required to attend the Successful Homeownership Workshop, with emphasis being placed on maintenance, budgeting, cost effective decorating, and responsibilities of home ownership. J. Applicant may be required to apply for a loan to provide the program-required personal contribution. V. FEASIBILITY FOR RECONSTRUCTION Feasibility for reconstruction is based on determining all related costs to complete a reconstruction project. Total project costs cannot exceed the maximum amount allowed as set by the current Section 221(d)(3) Lowest Home Per-Unit Subsidy Limits for the State of Texas as set by the Department of Housing and Urban Development (HUD). Project costs include, but are not limited to, the cost of demolition, site preparation, cost of replacement dwelling, title search fee, and/or required City permit fees for construction. VI. SELECTION OF RECIPIENTS FOR ASSISTANCE Initial recipients of this program will be taken from the list of applicants residing in structures determined to be infeasible to rehabilitate. Additional recipients will be added during subsequent operation of the City of Denton's Home Improvement Program. B. The number of recipients to receive assistance will be subject to availability of funds. Applicants will be placed on a waiting list for reconstruction assistance based on the time and date they originally applied to the Community Development Division for rehabilitation assistance. VII. ALLOWABLE EXPENSES AND CATEGORIES OF FINANCIAL ASSISTANCE A. The primary form of assistance to be provided will be the use of Federal HOME grant funds to pay for the cost of the replacement dwelling and costs related to replacing a substandard unit. In general the City will follow the standards consistent with the Community Development Division Replacement Housing Space Allowances Policy when considering the number of bedrooms needed to avoid overcrowding: C. The City of Denton has FOUR FINANCIAL ASSISTANCE CATEGORIES for those who qualify for the Optional Reconstruction Program. These categories are based on the 22 Qualifying Income Limits and Ranges for the Citv of Denton's Federally Assisted Programs (see appendix 1 to these guidelines for current income limit ranges). A description of the financial assistance categories and their requirements are: 70 Percent Reconstruction Loan / 30 Percent Deferred Payment Loan: Applicants whose gross annual household income falls above 65 percent up to 80 percent of the area median family income limits will qualify for this two-part loan; mo a 3 percent interest loan with the loan amount being based on 70 percent of the total City- funded project cost amortized over 240 months. The lien will not be released on this part of the loan until all 240 payments are received in full by the City of Denton; and bo a deferred payment loan with the loan amount being based on 30 percent of the total City- funded project cost. A detailed description of the deferred payment loan is found below at the end of section VII.C.4. 40 Percent Reconstruction Loan / 60 Percent Deferred Payment Loan: Applicants whose gross annual household income falls above 50 percent up to 65 percent of the area median family income limits will qualify for this two-part loan; mo a 3 percent interest loan with the loan amount being based on 40 percent of the total City- funded project cost amortized over 240 months. The lien will not be released on this part of the loan until all 240 payments are received in full by the City of Denton; and bo a deferred payment loan with the loan amount being based on 60 percent of the total City- funded project cost. A detailed description of the deferred payment loan is found at the end of section VII.C.4. o 20 Percent Reconstruction Loan / 80 Percent Deferred Payment Loan: Applicants whose gross annual household income falls above 30 percent up to 50 percent of the area median family income limits will qualify for this two-part loan; mo 3 percent interest loan with the loan amount being based on 20 percent of the total City- funded project cost amortized over 240 months. The lien will not be released on this part of the loan until all 240 payments are received in full by the City of Denton; and bo a deferred payment loan with the loan amount being based on 80 percent of the total City- funded project cost. A detailed description of the deferred payment loan is found at the end of section VII.C.4. 10 Percent Reconstruction Loan / 90 Percent Deferred Payment Loan: Applicants whose gross annual household income falls at or below 30 percent of the area median family income limits will qualify for this two-part loan; mo a 3 percent interest loan with the loan amount being based on 10 percent of the total City- funded project cost amortized over 240 months. The lien will not be released on this part of the loan until all 240 payments are received in full by the City of Denton; and bo a deferred payment loan with the loan amount being based on 90 percent of the total City- funded project cost. A detailed description of the deferred payment loan is found at the end of section VII.C.4. 23 *DESCRIPTION OF A DEFERRED PAYMENT LOAN A deferred payment loan shall carry 0 percent interest and continue until the applicant satisfies the conditions listed in the deed of trust and promissory note executed prior to project start date. Deferred payment loans are secured by a lien on the property. There are no monthly payments. After the applicant has lived on the property for the required 240 months (20 years), as stated in the contracts, the deferred payment loan will be forgiven. If the property is sold or transferred before the lien period expires, the total deferred loan amount is owed and becomes due to the Community Development Program. Amounts received are used as program income. The City of Denton will be in the first lien position on all reconstructed dwellings. However, in situations where first lien position is not feasible, the City will accept a second lien position subject to the review and approval of the Community Development Administrator. The lien will not be released unless the following conditions are met: 1. The applicant must reside in the unit for the full period of the lien. 2. The property must be maintained to meet City code requirements. 3. Mortgage payments must be met on a timely basis. 4. Home applicant must provide documentation of adequate Homeowner's Insurance, including casualty and fire coverage, and the City must be listed as a Mortgagee on the Certificate of Insurance to be notified in case of policy cancellation. Homeowner's Insurance documentation must be received prior to applicant moving in to completed reconstruct house. NOTE: The Deed of Trust Contract requires the applicant, upon completion of the reconstruction, to maintain and/or purchase, for the full length of time which the City of Denton will have a lien on property, an insurance policy that: covers the home for its full insurable value; provide fire and extended coverage, including windstorm coverage; provides flood insurance at any time property is in a flood hazard area. Applicant agrees to comply at all times with the requirements of the 80 percent coinsurance clause; and keep any buildings occupied as required by the insurance policy. If within the period of the lien the applicant defaults on their deferred payment loan or the payable loan, the lien will be called due in full and foreclosure proceedings may be initiated. The City will make every effort to work with the applicant to avoid foreclosure and will examine each situation on a case-by-case basis. Repayment Policy for Financial Assistance: The applicant must agree to have a lien placed on their property until they have satisfied the requirements of the promissory note. The lien will remain until the loan has been paid in full. If for any reason the loan recipient decides to sell or rent the property before the lien's terms are all met, the note's payable loan balance and the full amount of the deferred loan will become due. In the event the owner(s) passes away prior to the maturity date, or the owner(s) can no longer reside in the property due to a permanent medical condition, should the legal heirs to the property decide to sell the property, the amount the City of Denton will settle for will be the lesser of.' a. 75 percent of the property's market value (based on an approved independent appraisal at the time of sale); or, b. The payoff balance of the lien due the City of Denton at the time the applicant passed away or 24 is no longer able to reside in his/her home. Liens will remain in effect until the grantee has met all requirements as specified in the promissory note. In the event of the sale of the property, any unpaid balance of the loan and the total deferred loan amount will become due immediately. If, in the event of the death of the grantee, a family member who meets the Program's income limits who takes up residency in the property and who becomes the sole deed holder of the property may apply to the Community Development Division for continued assistance with the loan. The assistance level will be based on current-year Program guidelines and the applicant-owner will be required to sign an Adjustment and Extension o_fNote andLien. Failure to do so can result in default on the loan, the lien will be called due in full and foreclosure proceedings may be initiated. The City will make every effort to work with the applicant to avoid foreclosure and will examine each situation on a case-by-case basis. G. Allowable expenses will include: 1. Cost of total demolition and clearance of the dilapidated structure, lot clearance, and preparation of job site for new replacement dwelling. 2. Cost to reconstruct safe, sanitary, decent replacement dwelling. Other expenses the Community Development Division determines to be necessary to facilitate the reconstruction of the substandard property (Ex: title search, filing fees, platting, engineering reports...) H. Community Development staff will also provide assistance and counseling to applicants as needed, including the following: 1. Information on the program and rehousing options available. 2. Assistance in soliciting bids for replacement housing. 3. Assistance in contractual compliance between applicant and contractor. 4. Assistance in inspection of construction of replacement dwelling, if applicable. If, after the loan payback begins, a household experiences a permanent, substantial loss of household income, an applicant can request a re-evaluation of their total annual gross household income. This evaluation may result in a decrease in the payable portion of the note. The loss of income must be from an income-earning household member(s) whose income was used in determining the originalloan assistance category. Please note: Loss of employment (voluntarily or involuntarily) is not considered a "permanent loss". For purposes of this program "permanent loss" is defined as: 1. death 2. retirement (must be 62 years of age or older) 3. permanent disability 4. Other substantial permanent loss of income, when approved by Community Development Administrator. All household members must complete all income information and forms as required in Section II - Application Processing to determine if an adjustment and/or extension to the payable portion of the note is eligible. A determination will be made after evaluating the household size and income using the program guideline income limits and financial assistance categories that are being used at the time the 25 request for reduced loan payment is made. When a loan adjustment and/or extension is granted, the applicant must sign anAdjustment andModi[ication o/Note andLien contract reflecting the adjustment and/or extension of the note. VIII. REHOUSING AGREEMENT Each applicant assisted through the program will sign a rehousing agreement with the City, which outlines the responsibilities of each. The agreement establishes a date on which the applicant agrees to permanently vacate the present structure, agrees to demolition of the present dilapidated structure, agrees to occupy the replacement structure when structure is completed and ready to be inhabited, and agrees that temporary housing will terminate when structure is ready for occupancy as determined by the City of Denton. IX. FINAL INSPECTION - CERTIFICATE OF OCCUPANCY The City of Denton will conduct a final inspection of all housing units made available through the program to determine that the replacement unit is approved for occupancy and that all items identified in a "punch list" have been corrected. This Certificate of Occupancy will serve as evidence to HUD of the City's determination that the dilapidated structure has been replaced by a decent, safe, and sanitary dwelling and that the family has been successfully relocated. 26 APPENDICES Appendix 1 Appendix 2 Appendix 3 Appendix 4 Qualifying Income Limits and Ranges for the City of Denton's Federally Assisted Programs Target Neighborhoods Map Optional Reconstruction Program Application and Temporary Relocation Questionnaire Optional Reconstruction Program Rehousing Agreement for Applicants 2'7 APPENDIX 2 City of Denton, Texas Home Improvement and Optional Reconstruction Program Targeted Neighborhoods Map 29 APPENDIX 3 OPTIONAL RECONSTRUCTION PROGRAM APPLICATION AND TEMPORARY RELOCATION QUESTIONNAIRE Your participation in the Optional Reconstruction Program is voluntary. Reconstruction funds are limited. Therefore, the Program does not cover costs necessary for household to relocate during reconstruction of property. Please complete the following questionnaire. This information will help our staff in determining if you will be eligible for the Optional Reconstruction Program. understand that it is my responsibility to relocate my household and that I am responsible for all costs involved to do so? Yes No understand that as a result of reconstruction, my appraised significantly from the amount at which it is currently valued? Yes No property value may increase understand that an increase in my property value may cause my property taxes to increase by a significant amount. I am financially prepared to meet any increase? Yes No understand that I am obligated to carry homeowner's insurance for the duration of the lien (20 years) that the City of Denton will have on my property. Yes No understand that my homeowner insurance premium will most likely increase as a result of the reconstruction. I am aware that my insurance policy must cover the after-reconstruction appraised value of my property. I am financially prepared to meet this increase. Yes No understand that I must request that my insurance company list the City of Denton as a "Certificate Holder" on my policy? Yes No understand that The City of Denton is limited in the amount of funds they can spend to reconstruct a property. I have been briefed on these limits and understand that my eligibility for the Optional Reconstruction Program will be granted only if it is determined that the total of all costs involved to reconstruct my property will be at or below the allowable program limit. Yes No This APPLICATION was completed by on By signing below, I am requesting that the City of Denton's Community Development Division accept this as my application to be considered for the Optional Reconstruction Program. 3O Applicant's Signature Date APPENDIX 4 CITY OF DENTON COMMUNITY DEVELOPMENT PROGRAM OPTIONAL RECONSTRUCTION PROGRAM REHOUSING AGREEMENT FOR APPLICANTS THIS AGREEMENT, made and entered into on (Date document will be signed), by and between the City of Denton, Texas, and (Name of applicant signing document) hereinafter referred to as Applicants. This agreement covers the structure occupied at the following legal address: (Legal property description of dwelling to be reconstructed) WHEREAS, The Applicant has heretofore requested and qualified for the Home Improvement Program with assistance from the City in order to obtain adequate, decent, safe, and sanitary housing under the City's Community Development Block Grant and HOME Program; and WHEREAS, the City has determined that rehabilitation of the Applicant's residence is not a feasible alternative; and WHEREAS, the City has determined that the Community Development Program will not provide the Applicant relocation payments and assistance necessary to accomplish the voluntary relocation of the Applicant from the substandard, unrehabable dwelling currently occupied into an adequate, safe, and sanitary replacement dwelling. NOW, THEREFORE, the City and the Applicant for and in consideration of the covenants and promises as hereinafter set forth, do agree as follows: 1. The Applicant agrees to vacate permanently the currently occupied substandard dwelling within 10 days notice by the City for the need to vacate. The Applicant agrees and hereby authorizes the demolition and removal of the currently occupied dwelling and clearance by the City of the property. The Applicant further releases the City from any and all claims arising from this action. The Applicant agrees to take possession and occupy the replacement dwelling when such dwelling is completed and the City determines it to be ready for occupancy. The Applicant further agrees to sign any required instruments to effect this item. The Applicant agrees to provide and bear all financial costs necessary to relocate Applicant's household and furnishings without assistance from the City of Denton. The maximum budget authority for the Optional Reconstruction Program is (Maximum allowable funds for project), which includes, but is not limited to, property title search fee, the cost to demolish the existing dilapidated structure and the cost to reconstruct an adequate, decent, safe, and sanitary replacement dwelling on the original site (lot) of the dwelling vacated by the applicant. Applicant agrees to the time limitations as set forth in the Optional Reconstruction Guidelines in which to be moved from the substandard property. 32 Applicant' Signature Date 2nd. Applicant' Signature Date CITY OF DENTON: Community Development Administrator 33 Agenda 02-031 09/17/02 #25 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: September 17, 2002 Economic Development CM/DCM/ACM: Dave Hill, 349-8314 SUBJECT Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving the guidelines for the Rental Rehabilitation Program and eligibility criteria; authorizing expenditures in excess of $25,000 for projects meeting the program guidelines and criteria; and providing for an effective date. BACKGROUND This ordinance approves guidelines and eligibility criteria for the 2002 Rental Rehabilitation Program. Passage of this ordinance reauthorizes project payments that exceed $25,000 when the project meets the program's eligibility criteria and guidelines. City Council approved CDBG funding on September 16, 2001, that included $10,000 for a Rental Rehabilitation Program, an activity included in the City of Denton 2000- 2005 Consolidated Plan and the 2002 Action Plan. Funding is also available from prior program years and program income. The number of units to be assisted with the total funding available for this activity will range from a minimum of 4 to a maximum of 8 single-family rental units located in targeted neighborhoods. Owners provide matching funding. The Guideline's Qualifying Income Limits are being adjusted to meet HUD's annual qualifying income adjustment. No other significant changes to the guidelines are being made. OPTIONS · Approve guidelines as presented · Request revisions to program guidelines · Deny approval of program and reallocate funding to other eligible activities (this would require amendment to City's Action Plan for Housing and Community Development) RECOMMENDATION Staff recommends adoption of this ordinance. ESTIMATED PROJECT SCHEDULE The program guidelines will be in effect for renter-occupied rehabilitation projects completed from October 1, 2002, through September 30, 2003. Staff will market funding availability through media advertisement. The Community Development Division goal is to have all funds expended by 10/1/2003. PRIOR ACTION/REVIEW On May 16, 2000, City Council adopted the 2000-2005 Consolidated Plan for Housing and Community Development. The rental rehabilitation activity was included in this plan. On May 15, 2001, City Council approved the 2001 Action Plan that included $10,000 in funding to continue this activity. FISCAL INFORMATION The program is funded using 2001 Community Development Block Grant funds and residual funding from a previous program year. City Council authorized $10,000 in 2001 funding. In addition, there is a balance of $12,272.66 from the 2000 program year. These funds, combined with $1,856.57 in program income provide a total of $24,129.23 for the Rental Rehabilitation Program. No general fund dollars are budgeted to administer this program. ATTACHMENTS 1. Proposed Ordinance - Page 3 2. Rental Rehabilitation 2002 Program Guidelines - Pages 4-32 Respectfully submitted: Linda B. Ratliff Director, Economic Development Department Prepared By: Nancy L. Baker Housing Program Manager S:\Our Docmments\Ordinances\02~2002 RP, P CC Ordinance .doc ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING THE GUiDELiNES FOR THE RENTAL REHABILITATION PROGRAM AND ELIGIBILITY CRITERIA; AUTHORIZING EXPENDITURES iN EXCESS OF $25,000 FOR PROJECTS MEETING PROGRAM GUIDELINES AND CRITERIA; AND PROViDiNG FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of DeNon recognizes the need to assist low and moderate income families in securing safe, sanitary and decem housing; and WHEREAS, the City of DeNon has developed a program to rehabilitate tenant occupied housing units by making needed repairs through its Rental Rehabilitation Program, which is administered by the City of Denton Community Developmem Office and funded through a federal grant; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Council approves the Rental Rehabilitation Program Guidelines and eligibility criteria attached to and made a part of this ordinance for all purposes, and authorizes the City of DeNon Community Development to administer this program. SECTION 2. That the City Council authorizes the expenditure of funds in excess of $25,000 by the Community Developmem Office for projects meeting program guidelines and criteria, subject to compliance with competitive bidding laws, where applicable. SECTION 3. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULiNE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ¢'rTY OF DENTON RENTAL REHABILITATION PROGRA~ GUIbELINE5 2002 RENTAL REHABILITATION PROGRAM GUIDELINES TABLE OF CONTENTS ii. iii iv. vi. vii. viii. ELIGIBILITY REQUIREMENTS: ...................................................................................... 8 APPLICATION PROCESSING: ....................................................................................... 9 PROJECT SELECTION .................................................................................................... 9 CONTRACTOR SELECTION, MONITORING AND DEBARMENT: 10 PAYMENT TO CONTRACTOR: 11 FINANCIAL ASSISTANCE OPTIONS: 11 PROGRAM GUIDELINES: 12 MINIMUM REHABILITATION STANDARDS: 16 APPENDIX I - FAIR MARKET RENTS (FMRS). ................................................................................................ 21 APPENDIX II - RENTAL REHABILITATION PROCEDURES ................................................................. 22 APPENDIX IH -APPLICATION FOR THE CITY OF DENTON ................................................................... 24 APPENDIX IV - TENANT ASSISTANCE POLICY ........................................................................................... 29 APPENDIX V - TENANT PRE NOTIFICATION SAMPLE LETTER ........................................................... 32 APPENDIX VI - RENTAL REHABILITATION TARGET AREA MAP ...................................................................... 33 APPENDIX VII - TENANT BENEFICIARY INFORMATION TRACKING ]4DRM..ERROR! BOOKMARK NOT DEFINED. INTRODUCTION The City of Denton Rental Housing Rehabilitation Program is designed to assist Iow and moderate- income families in securing safe, sanitary and decent housing. This program's objective is to rehabilitate renter occupied housing units by making needed repairs with the first priority as correcting code violations. The Rental Rehabilitation Program is administered by the City of Denton's Community Development Division and funded through a federal grant. The Community Development Division is located at 100 W. Oak Street, Suite 208. The following pages contain a detailed description of the program including policies and procedures. The purpose of these guidelines is to explain to potential clients and the citizens of Denton, the Rental Housing Rehabilitation Program and types of assistance available. For further information or clarification of the guidelines, contact the Community Development Division at 940-349-7726 DESCRIPTION OF PROGRAM PROCEDURES ELIGIBILITY REQUIREMENTS: Applicant/(Owner) Requirements: Eligible property owner(s) [hereinafter referred to as Applicant] must: 1 .) Be a citizen of the United States or a legal resident alien. 2.) Maintain primary residence within the city limits of Denton. 3.) Own unit(s) to be assisted within a targeted neighborhood (see Appendix VII). 4.) Hold fee simple title to the property. 5.) Have an annual gross household income at or below 150 percent of the current Dallas metropolitan area median income. (See Table I.A below). 6.) Not have assets in excess of $600,000 (rental properties, personal property, cash on hand, stocks, bonds, etc.). 7.) Exhibit the financial ability to pay monthly property expenses including mortgage payments, taxes, insurance, utility bills, etc. 8.) Show proof of financial ability to fund the Applicant portion of the rehab project. 9.) Provide proof that all property taxes assessed by the various taxing agencies in Denton County are paid in full on all properties owned by Applicant. 10.)Obtain a statement of income on all tenants. Income data must be verified; i.e., by contacting the tenant's employer and/or obtaining a copy of the tenant's latest income tax return and/or obtaining copies of 1 month of paycheck stubs, etc. Annual income includes earnings (wages, pensions, etc.) spouse's earnings, interest from stocks, bonds, income from real estate, public assistance, etc. Also, include amounts of any monies regularly contributed to tenant(s) by any other adult member of the family, child support payments, SSI, etc. Tenant Requirements: The current and future tenants of a unit to be rehabilitated with funding from this program must be Iow or moderate income. Low/Moderate income is defined as 80 percent and below of the current Dallas metropolitan area median income. (See Table I.B below ) Table I.A-Applicant Income Limits 1 69,900 2 79,800 3 89,850 4 99,750 5 107,700 6 115,650 7 123,750 8 131,700 Table I.B - Tenant Income Limits 1 $37,250 2 $42,550 3 $47,900 4 $53,200 5 $57,450 6 $61,700 7 $65,950 8 $70,200 II. APPLICATION PROCESSING: III Any property owners wishing to apply for Rental Rehabilitation assistance must complete the application and all other required forms included in the proposal packet. All information on the completed applications will be verified by the Community Development staff. If any information is found to have been intentionally falsified, the application will be rejected and the applicant will not be allowed to reapply. If the applicant is determined to be eligible for the program, a preliminary inspection will be made of the dwelling unit(s). The dwelling unit(s) must meet certain standards to be considered eligible for rehabilitation. These standards are listed below: The unit(s) must be located within the recognized Rental Rehabilitation Target Area (Appendix VII). The unit(s) must not be situated in the Designated Flood Plain Area. Applicant may not occupy any assisted unit regardless of his or her income with the exception of the circumstances set forth in Section VII-FF on page 15 of these Guidelines. The unit(s) must be in an existing condition that would permit rehabilitation to bring the structure to meet current City of Denton building codes. City-approved water supply, sanitary sewer and electrical system must service the unit(s). The unit(s) must be two bedroom or larger. Preference will go to three bedroom and four bedroom units. Owner must agree to have a Lead Paint Risk Assessment completed on all units to be assisted that were built before 1978 (a "hold harmless" agreement must be signed by owner before City staff can conduct the Lead Risk Assessment). PROJECT SELECTION Project selection will be based upon an analysis of the following factors: Location of unit(s). Number of bedrooms. Owner's ability to obtain private financing. Number and extent of major health and safety violations to be corrected. Tenant displacement (preference given to no displacement) Economic feasibility Amount of subsidy required Owner's Equity in property Potential impact on neighborhood Track record of landlord in Iow income tenant placement Management and maintenance capabilities Quality of rehabilitation plan Accessibility or adaptability of unit(s) for handicapped tenants Commitment by landlord to and/or likelihood of Iow income tenant placement Assisted unit(s) must be available for rental, or currently rented to Iow income household(s). 9 CONTRACTOR SELECTION, MONITORING AND DEBARMENT: Contractors participating in the Rental Rehabilitation Program will be selected by the eligible Applicant. The Applicant will be required to solicit at least two bids from contractors based on the preliminary work specifications completed by the CD inspector. The Applicant shall also be responsible for supplying all bidders with a Community Development Contractor's Packet that includes the contractor information sheet, performance manual, and general specifications for workmanship, all insurance and bonding requirements, a contractor's eligibility certification form and a copy of the preliminary work write-up. Bid proposals and all other required forms from the contractors should be submitted to Community Development Division for review. Acceptable bid proposals must fall within a ten percent (10%) margin of the cost estimate developed by the community development inspector. THE CITY OF DENTON AND/OR THE APPLICANT RESERVE THE RIGHT TO REJECT ANY AND ALL BIDS. Any contractor whose name appears on the most current HUD Debarred Contractor's List will not be eligible to participate in this program. Once the contractor has been selected and approved, a contract agreement must be signed. Before the contractor can start work, the Applicant must issue a notice to proceed. The Applicant, the Community Development staff and the City of Denton building code inspectors will monitor the contractor's work. If the Applicant considers any work done by the contractor to be unsatisfactory or incomplete, the property owner should advise the contractor of the discrepancy and ask that it be corrected. E. Acceptance of Work 1.) Final Inspection - In order for the contractor to close out a rehabilitation job, a final inspection shall be made by the City of Denton building code inspector, the Community Development Inspector, and the property owner. If the final inspection results in no additional work or no specified corrections, the property owner shall sign the contractor's release form which states that all work has been completed to their (property owner's) satisfaction. The building code inspector shall sign a final inspection form to confirm the same. At this time, the contractor is required to submit to the property owner copies of all warranties and releases of liens from subcontractors and suppliers. The Community Development staff will not authorize payment to the contractor until these documents are properly completed and submitted to the property owner and copies provided to the Community Development Division. 2.) Warranty of Work - As stated in the rehabilitation contract, the contractor shall guarantee the work performed for a period of at least one year from the date of final acceptance. The owner is responsible for periodic review of the work. F. Contractor Debarment 1.) A contractor will be declared ineligible to participate in projects funded by the City of Denton's Housing Rehabilitation Program for one or more of the following causes: 2.) Failure to complete a project within the prescribed contract period. 3.) Failure to complete warranty repairs within a reasonable time period. 4.) Failure to use licensed plumbing and electrical subcontractors. 5.) Failure to obtain proper insurance, i.e., both liability and worker's compensation. 10 6.) Failure to complete work in accordance with program specifications and/or accepted standards of workmanship. 7.) Failure to pay all subcontractors working on the project appropriately and/or submit affidavits of payment signed by all subcontractors. 8.) Failure to obtain proper permits for work in progress. Contractors will be notified of their proposed debarment and will be afforded the opportunity to comment or appeal the action. All appeals must be made in writing to the Community Development Division at least 15 days after the date of the notification letter. PAYMENT TO CONTRACTOR: The contractor shall receive payment for all completed contracts within 15 working days after final inspection and approval of all work. Ten percent (10%) of the total contract amount will be withheld for 30 days. At the end of this time, the property owner must approve release of contingency funds. An "All Bills Paid" affidavit or release of lien from all subcontractors and suppliers must be submitted before payment. Rental rehabilitation partial payment minimum are as follows: projects over 50,000 at least 10% per draw, projects under 50,000 50% and final payment. VI. FINANCIAL ASSISTANCE OPTIONS: Applicant is provided with two assistance options: Option 1: The City of Denton will provide 25 percent (or up to the maximum limit-whichever is lower) of the amount needed to rehabilitate the property. Funds will be provided as a 10-year deferred loan. At the end of the 10-year period, if all program guidelines have been met, the loan will be forgiven. Option 1 Maximum Limits: $6,000 for three or more bedroom units. $5,000 for two bedroom units. (One-bedroom units are not eligible for assistance.) Option 2: The City of Denton will provide 50 percent (or up to the maximum limit-whichever is lower) of the amount needed to rehabilitate the property. The first 25 percent will be a deferred loan (as described in option 1 above). An additional amount of 25 percent (or up to the maximum limit - whichever is lower) will be a loan with a 2 percent interest rate. There will be a 10-year loan term. Option 2 Maximum Limits: $6,000 as a loan and $6,000 as a deferred loan for three or more bedroom units. $5,000 as a loan and $5,000 as a deferred loan for two bedroom units. (One-bedroom units are not eligible for assistance.) Applicants are required to sign a contract. A lien will be placed on the property for the 10-year period. Applicants are required to maintain the property and affirmatively market the property to Iow and moderate-income households. * All project funding contributed by the Applicant will be placed in an escrow account with the City of Denton prior to contract execution. The owner must also comply with the terms of the note and mortgage that include the following: No conversion to condominiums or any type of cooperative ownership for the 10-year duration of the lien. No discrimination against tenants receiving Federal, State or local rental assistance for the 10-year duration of the lien. The project must be maintained according to adopted City of Denton building codes in effect during the year in which the rehabilitation took place. The owner must affirmatively market vacant units for the ten-year duration of the lien using the "fair housing logo" below. EQUAL HOUSING OP PO RTU N ITY The unit will be made available and leased to persons whose income is at or less than 80% of the area median income. If the Applicant violate any of these restrictions, the entire amount of the loan less 10% for each full year after completion of the rehabilitation of the units until the time of default, will be due and payable in full immediately after the owner is notified that the loan must be repaid. PROGRAM GUIDELINES: Property owner agrees to comply with all HUD requirements to not discriminate upon the basis of race, ethnicity, religion, gender, disability status or family status in the sale, lease, rental, or use of occupancy of the subject property. Property owner agrees to not award any contract for rehabilitation work to be paid for in whole or in part with the proceeds of the grant, to any contractor who, at the time, is ineligible under the provisions of any applicable regulations issued by the Secretary of Labor, United States Department of Labor, or the Department of Housing and Urban Development to receive an award of such contract. The tenant will continue to occupy the premises during the rehabilitation. Any tenant required to move temporarily or permanently as a result of the rehabilitation*, must be paid relocation/displacement costs as outlined in the City's Tenant Assistance Policy (Appendix IV to these Guidelines). *Any displacement of tenant(s) living in unit(s) at the time applicant decided to apply for funding who move because of their inability to pay increased rents, are considered displaced. Displacement costs are the responsibility of the property owner. Property owner agrees that existing house utility services will be made available to the contractor without charge as follows: electricity, gas, water and telephone (local calls only). Property owner agrees that the City shall be the agent for the owner and as such agent shall hold both the owner's private funds and all grant funds in escrow for the purpose of disbursement thereof to the contractor. Property owner agrees that it is his/her sole responsibility to see that the contractor completes the work specified in his contract to the owner's satisfaction and that the City of Denton has no responsibility for any defects, faulty work or incomplete work by the contractor. The owner 12 further agrees that the City has no liability for warranty of any of the workmanship or materials furnished by the contractor under the contract. The owner further agrees that latent or hidden conditions in the property which were not included in the original inspection and work write-up of the City are not the responsibility of the contractor nor of the City, but remain the responsibility of the owner. As part of the consideration for providing the funds to rehabilitate property as described herein, the property owner agrees to maintain and keep the property in good repair after the completion of the work to be performed by contractor, taking into consideration the ability of the owner to do so. The property owner also agrees to maintain the property up to City of Denton Building Code standards that were in effect when the rehabilitation was completed. Owner agrees to do this during the term of the loan agreement and understands that if at anytime the property fails to meet these Code standards, the loan amount will become due immediately. The owner shall issue a written Notice to Proceed within thirty (30) days from the date of acceptance of the contractor's bid and proposal. If the contractor does not receive the Notice to Proceed within this 30-day period, the contractor has the option of withdrawing his/her bid and proposal. If the contractor chooses to do this, a written notice must be delivered to the owner with a copy to the City. The contractor shall not begin the work to be performed until receipt of written Notice to Proceed from the owner after which the contractor shall begin the work within ten (10) calendar days of the date of said Notice and shall complete said work within ninety (90) days or as agreed to in the Rehabilitation contract. The contractor shall not assign the contract without written consent of the owner and the City and/or its agent. The contractor shall not be responsible for any delays in the completion of work due to the following: 1.) Any acts of the government; including controls or restrictions upon or requisitioning of materials, equipment, tools or labor by reason of war, National Defense or any other national emergency. 2.) Any acts of the owner. 3.) Causes not reasonably foreseeable by the parties to this contract at the time of the execution of the contract which are beyond the control and without the fault or negligence of the contractor; including but not limited to acts of God or of the public enemy; acts of another contractor in the performance of some other contract with the owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and weather of unusual severity such as hurricanes, tornadoes, etc. 4.) Any delay of the subcontractor occasioned by any of the causes specified in Subparagraphs (A) (B) and (C) above, provided that the contractor promptly (within 10 days) notifies the Owner in writing of the cause of the delay. If the facts show the delay to be properly excusable, the owner shall extend the contract time by a period commensurate with the period of excusable delay. The contractor shall not be held responsible for preexisting violations of law including but not restricted to zoning or building code regulations at the property listed in the contract. Before beginning work, the contractor shall examine the work write-up for compliance with the applicable ordinance and codes for the new or replaced work and shall immediately report any discrepancy to the owner. Where the requirements of the work write-up fail to comply with such applicable ordinances or codes for the new or replaced work, the owner and the City will adjust the contract by change order to conform to such ordinances or code and make appropriate adjustment in the contract price unless waivers in writing covering the difference have been granted by the proper authority. The contractor shall comply with all non-discrimination clauses included in the contract; non-compliance may result in termination of the contract. Bids or proposals will be submitted at the bidder's risk and the City and/or the owner reserve the right to decline funding for projects not in compliance with the guidelines. Subcontractors shall be bound by the terms and conditions of the contract, insofar as it applies to their work. This shall not relieve the general contractor from the full responsibility to the owner for the completion of all work to be executed under this agreement and he shall not be released from this responsibility by any subcontractual agreement he may make with others. When adjacent property is affected or endangered by any work done under this contract, it shall be the responsibility of the contractor to take whatever steps are necessary for the protection of the adjacent property and to notify the owner thereof of such hazards. Repairs shall be made to all surfaces damaged by the contractor resulting from his/her work under this contract at no additional cost to the owner. Where "repair of existing work" is called for by the contract, the feature shall be placed in "equal to new condition" either by patching or replacement. All damaged, loose or rotted parts shall be removed and replaced and the finished work shall match adjacent work in design and dimension. After the final inspection and acceptance by the owner of all work under the contract including cleanup, the contractor shall submit to the owner for approval a requisition for payment. When the required warranties and other required documents have been submitted and the contractor has executed the release of liens, the final payment will be made. The payment will include any amounts remaining due under the contract as adjusted in accordance with approved change orders. Payments will be made within 15 days of formal requisition for payment. Partial payments will be made at discretion of the owner with the consent of the City. A Rehabilitation Loan may be made to cover the cost necessary to bring the dwelling into conformance with City of Denton Codes. The two categories of repairs listed below are to be included as priority items: 1.) Required Repairs: Code violations which create hazardous conditions in regard to safety or health will generally involve the basic heating, plumbing or electrical systems. 2.) Recommended Repairs: Code corrections or preventive maintenance efforts which should be undertaken to avoid more costly future action. 3.) Heating, plumbing and electrical improvements 4.) Weatherization 5.) Exterior work such as roofing, siding, painting, step and porch repair and retaining walls 6.) Interior work such as renovation and repair of existing kitchen and bath facilities. The Denton Central Appraisal District automatically reappraises any house where a building permit is issued. Participants in the Rehabilitation Program should be aware that the appraised value of their property might increase which consequently may cause their yearly property taxes to increase. The policy shall be thoroughly explained to any person applying for rehabilitation assistance. Change orders may be made to cover an item of work that cannot be determined until sometime during the course of the rehabilitation work. Change orders will be considered as follows: 1.) Change orders are used to add work necessary to correct incipient items that have been found to be defective after work is in progress but were not anticipated at the time the contract was executed. 14 U Y. 2.) The change order amount is limited to a maximum of 10 percent (10%) of the total contract amount. If it is necessary to request a change order to make required repairs and the contract is already at the maximum amount, a work item of less priority will be deleted from the bid proposal in order to compensate for the added amount. 3.) Change orders will be used when it is necessary to delete work from a contract for any reason. When items are deleted from the contract, they shall be at their previously bid amount. When items are deleted, but do not have specific costs, in such cases the contract shall be reduced by negotiating the cost at prevailing rates. 4.) All change orders shall be executed by the property owner, contractor, and a Community Development official. 5.) Except for the purpose of affording protection against any emergency endangering life or property, the Contractor shall make no change in the work or rehabilitation, provide any extra or additional work or supply additional labor, services or materials beyond that actually required for the execution of the contract. 6.) All change order requests must be submitted by the contractor, signed by the homeowner and approved by Community Development Division. No claim for an adjustment of the contract price by the contractor or homeowner will be valid unless this is done. 7.) The approval of a change order shall constitute authorization by the property owner and Community Development to change the loan amount equal to the cost of the work added or deleted, unless all available funds have been utilized. If this is the case, the owner must absorb the total cost or delete non-code items in order to pay for the work described in the change order. 8.) It may be necessary to change the time of completion due to the addition of certain work items or delays that are beyond the contractor's control. If the work completed is not in accordance with the construction contract, Community Development shall advise the property owner of the non-compliance who then shall obtain appropriate action from the contractor. No payment shall be processed on a construction contract until a contractor has satisfactorily completed all necessary corrective action. The owner shall be able to select the color and style of certain materials (i.e. carpet, floor covering, paneling, paint, etc.). The contractor warrants that all materials, fixtures, and equipment furnished by the contractor and its subcontractors shall be new, of good title and that the work will be done in a neat and workmanlike manner. Neither the final payment nor any provision in the contract nor partial or entire use or occupancy of the premises by the owner shall constitute an acceptance of work not done in accordance with the Contract or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The contractor shall promptly remedy any defect in the work and pay for any damage to other work resulting therefrom that may appear within a period of one year from the date of final acceptance of the work unless a longer period is specified. The owner will give notice of observed defects with reasonable promptness. Mobile homes are not eligible for rehabilitation. Interest of certain federal and other officials: 1.) No member or Delegate to the Congress of the United States and no Resident Commissioner and no federal employee shall be admitted to any share or part of this contract or to any benefit to arise from same. AA. BB. CC. DD. EE. FF. 2.) No member of the governing body of the City and no other public official of or within the City or County who exercises any functions or responsibilities in connection with the administration of the Community Development Block Grant Program and no other employee of the Economic Development Department who exercises any such functions or responsibilities shall have any interest, direct or indirect, in rehabilitation proceeds which is incompatible or in conflict with the discharge or fulfillment of his functions and responsibilities in connection with the carrying out of the Housing Rehabilitation Program. The length of time this exclusion shall be in effect is one (1) year following the ending of term of office and shall be binding upon, but not limited to, all of the individuals and agencies herein described. The property owner agrees that for a period of ten years after the project is completed not to convert the rehabilitated units to condominium ownership. If the owner does convert rehabilitated units to condominium ownership, the entire loan amount shall be due immediately. The property owner agrees not to discriminate against prospective tenants on the basis of their receipt of or eligibility for, housing assistance under any Federal, State or local housing assistance program; on the basis that the tenants have a minor child who will be residing with them; or on the basis that they are handicapped. Applicant agrees to rent all assisted units to households whose total gross annual income is at or below 80 percent of the area median income found in Table I.B, page 7 of these guidelines (see "note" below). Applicant agrees to track tenant income and beneficiary data (See Appendix VII - Tenant Income and Beneficiary Tracking Form). This form is to be made available to the Community Development Division when requested. The Form is to be completed at the time assisted units are leased. (NOTE: Income Limits may change annually- usually on October 1st. It is the Applicant's responsibility to request a copy of the most current income limits from the Community Development Division.) The property owner agrees to maintain the rehabilitated property up to adopted City of Denton Building Code Standards in effect the year in which the rehabilitation was completed. This will be applicable for a period of at least ten years after the project is completed. The property owner agrees to comply with applicable lead-based paint regulations. The property owner agrees to comply with the City of Denton's Tenant Assistance Policy, including execution of all tenant notifications outlined in the policy. Copies of all tenant correspondence regarding this project must be submitted to the Community Development Division. When the property to be rehabilitated is a tri- or four-plex, and the owner/applicant meets the income limits for tenants (see Table I.B on page 7 of these guidelines), the ownedapplicant is eligible to occupy one of the assisted units. VIII. MINIMUM REHABILITATION STANDARDS: Roofs Roofs should not leak and have no evidence of rotted decking, fascia or soffit. Any roof with two or more layers of roofing must be stripped to the decking. If it is determined a new roof is necessary the decking must be checked for broken or rotted decking and shall be repaired or replaced as needed. Where new decking is required the material shall be one-half inch plywood or one-half inch wafer board to be used with H clips between sheets. All roofs that are stripped shall be replaced with new felt paper, the proper flashing and metal drip edge with 240 pound shingles. Any roof with less than a 4/12 pitch shall be covered with rolled roofing, with at least 12 inches of lap, if installation of rolled roofing is not sufficient to promote proper run off roof will be rebuilt. Siding and Trim 16 All exterior siding and trim shall be free of holes, cracks or rotted material that might admit moisture into walls. New siding may be applied only if the cost of new siding and installation is comparable to the repair and painting costs of the existing siding. Windows All windows and hardware shall operate satisfactorily. Cracked or broken windows shall be replaced. Window glazing shall be weather tight and windows shall be weather stripped so as not to allow entry of air and water around the glass, sashes or window casings. All windows shall have screens and working locks. Drainaqe The grade of concrete or dirt should drain at least five feet away from foundation walls. Site Improvements All replaced concrete surfaces are to be level with the widths to match the existing surfaces. All steps both concrete or wood that pose a threat to the occupants shall be repaired or, if necessary, replaced with treated material or concrete. Foundations and Piers Skirting shall be six (6) inches underground level. If it is necessary to install skirting, new 22 or 24 gauge skirting shall be used. Kitchens Kitchens shall have a specific area that contains a sink with hot and cold running water, counter workspace, and space for storage of cooking utensils. Stairs All stairs shall provide for the safety of ascent and descent. All treads and risers should show no evidence of breakage or have evidence of excessive wear. All stairs shall be equipped with handrails. Utility Areas Gas or oil fired water heaters or furnaces shall not be located in the bathrooms or bedrooms. In addition to all plumbing and electrical codes, water heaters and furnaces shall be enclosed with a sealed door and adequate upper and lower combustion air. All washer and dryer hookups must meet City Code. Structural System The wood, masonry or steel components shall be in serviceable condition for the expected useful life of the rehabilitated building. Structural members that are in seriously deteriorated condition shall be replaced. Sagging and unleveled floors shall be raised and stabilized as level as possible without causing interior damage. Termite inspection and treatment shall be done if evidence of active infestations exist. A certified pest control company will carry out the treatment and present documents of proof. Electrical System 17 All replacement of existing wiring and equipment shall be done in conformance with the National Electric Code and the City of Denton Code. Any potential source of electrical hazard or ignition of combustible material shall be corrected. GFCl outlets shall be used in bathrooms, kitchen, garage, and exterior receptacles. Additional outlets shall be added to eliminate extension cords and, at the request of the City Inspector, to meet City Codes. Plumbing The plumbing system shall operate free of fouling and clogging, and not have cross-connections which permit contamination of the water supply or back siphonage between fixtures. All sinks, lavatories, water closets, water heater, and other plumbing fixtures shall have accessible cutoff valves. All fixtures shall have P-traps, necessary vents and be properly connected to a public or private sewage disposal system. All sewer lines shall have accessible cleanouts. All water heaters shall be installed with double wall vent stack, a pop-off valve, and overflow to the exterior of the structure. Mechanical Equipment All gas fired heating units must be vented with double wall pipe and proper upper and lower combustion air. The unit shall not be installed in a living area such as bedrooms or under stairways. Rigid gas pipe must be used to supply heating units with a maximum of three (3) feet of flexible pipe from the stop to the appliance. All ductwork shall be properly sealed from the heat source to the register vent and from the return air supply to the heat source. A gas pipe pressure test is required. All leaks must be repaired. Insulation and Weatherization An "R-30" insulation value in the attic shall be required. Exterior Doors All exterior doors shall be solid core. All locks shall be capable of tightly securing the door and shall be readily operable from the inside without the use of keys. All exterior doors shall be weather stripped so that there is no significant entry of air or water into the structure. Porches and Decks All porches and decks shall be safe and capable of supporting anticipated loads. All porches and decks in deteriorated condition and which serve no useful purpose or which are not economically repairable shall be removed. Porches and decks 30 inches above grade shall have guardrails and flights of stairs with four or more risers. They shall have a handrail on at least one side. Gutters and Downspouts Gutters and downspouts should exist where they are deemed necessary to promote proper drainage. Gutters will not normally be installed if they do not already exist. Downspouts that cannot be connected to drain tiles shall have splash backs with proper site grading. Chimneys and Vents Furnace and water heater vents shall be double wall vent pipe. Existing unlined masonry chimneys having open mortar joints or cracks shall be removed or made safe by installation of a UL approved flue liner. Vent-a-hood stacks shall be vented through the roof. Interiors All floors, walls, and ceilings shall be maintained in good, clean, and sanitary condition. All peeling paint, cracked or loose plaster, and other defective surface conditions shall be eliminated. All doors shall be operational. Carpet and vinyl that is badly worn, torn or too dirty to be cleaned shall be replaced. This shall be determined by the C.D. Inspector. Existing carpet shall be cleaned with a commercial steam cleaner, if necessary. Bathrooms An operational water closet, tub or shower, and lavatory should be in the bathroom. Hot water should flow to the lavatory and tub or shower. Cold water should be supplied to all fixtures. Either a window or an exhaust fan must be present to properly vent the bathroom. Cabinets Built-in kitchen cabinets shall be repaired up to 50 percent of the cost of new cabinets. Bathroom cabinets are not required. ALL WORK MUST COMPLY WITH HUD TITLE X REGULATIONS REGARDING LEAD - BASED PAINT. BY APPLYING FOR CDBG FUNDS, OWNER/APPLICANT UNDERSTANDS THE CITY MUST COMPLETE A LEAD RISK ASSESSMENT TO DETERMINE THE SCOPE OF WORK AND COST ESTIMATE ON PROPERTIES BUILT BEFORE 1978. FOR PROPERTIES BUILT BEFORE 1978, OWNER / APPLICANT MUST EXECUTE AN ACKNOWLEDGEMENT AND RELEASE OF LIABILITY FOR LEAD PAINT TESTING OF PROPERTY. 19 APPENDICES 20 APPENDIX I FMR's il Page 21 APPENDIX,- RENTAL REHABILITATION PROCEDURES The following list of procedures is designed to insure that property owners understand their responsibilities under the Rental Rehabilitation Program. Please call the Community Development Division at (940) 349-7726 if you have any questions regarding these procedures. 1.) 2.) 3.) 4.) 6.) 7.) Return completed application. Include a copy of property deed, tax receipts from all taxing entities, proof of insurance coverage on the property and documentation of all owner(s) income and assets*. A set of work specifications must be drawn up by the owner and approved by the Community Development Division. The owner of the proposed property will bear the responsibility of contacting at least two general contractors, who will submit bid proposals. These proposals must remain within a margin of ten percent of the estimate determined by the Community Development Division. Upon project approval, a title search must be submitted. Certification that all tenants have received timely written notice that they will not be displaced by the project must be submitted within two weeks of application submission. A copy of the City of Denton's Tenant Assistance Policy must accompany the notice to the tenant. Requests for all interim and final payments should include an itemized list of completed work and its cost and two "Requests for Payment" signed by both the property owner and the contractor. IT IS THE CONTRACTOR'S RESPONSIBILITY TO FILE ALL NECESSARY PAPERWORK WITH COMMUNITY DEVELOPMENT DIVISION A final inspection must be completed by Community Development Division. Final payment is contingent on receipt of the following by Community Development: a) b) c) signed affidavits from all subcontractors stating that they have received full payment affidavit from general contractor and signature on lien assignment two executed requests for payment *Documentation of income sources may include but is not limited to the following: · Current year's income tax Return with W-2's for each household member who has filed tax returns. APPENDIX II PAGE 22 Most current Social Security income statement if applicable. Paycheck stubs for last four weeks for each employed household member. Names and addresses of all retirement income or any other income sources (ALL INCOME SOURCES AND ASSETS MUST BE DISCLOSED--RETIREMENT, RENTAL/HAP INCOME, AFDC, FOOD STAMPS, PROPERTIES OWNED, ETC.) Divorce decree if you receive child/other support from a divorce o_r if you were awarded property through a divorce. Name, address, account number(s) of all banks, credit unions, savings banks, IRA accounts, etc. for al_l household members who have any such accounts. PAGE 23 APPENDIX II APPENDIX III - APPLICATION FOR THE CITY OF DENTON RENTAL HOUSING REHABILITATION PROGRAM OWNER PROPOSAL FORM CONTACT AGENCY: COMMUNITY DEVELOPMENT DIVISION 100 W. OAK, SUITE 208 DENTON, TX 76201 TELEPHONE NO. (940) 349-7726 INSTRUCTIONS: PLEASE COMPLETE ALL SECTIONS OF THIS OWNER PROPOSAL FORM. IF YOU NEED ASSISTANCE IN COMPLETING THE FORM, CONTACT THE AGENCY LISTED ABOVE. SECTION I: OWNERSHIP DATA A. COMPLETE THE INFORMATION BELOW FOR ALL OWNERS OF THE PROPOSED PROPERTY. NAME STREET CITY STATE (AC) ADDRESS ZIP Phone # B. TYPE OF OWNERSHIP (check one): [] (a) Sole Owner [] (b) Partnership [] (c) Corporation [] (d) Limited Partnership [] (e) Other: C. PROPERTY ADDRESS: D. BUILDING DESCRIPTION No. Street Unit No (s). City PAGE 24 APPENDIX III [] Single Family [] Duplex [] Tri-Plex [] Four-Plex E. BUILDING STRUCTURE [] Frame [] Brick [] Masonry [] Other: F. FOR EACH UNIT IN THE PROJECT PLEASE PROVIDE THE INFORMATION REQUESTED IN THE FOLLOWING TABLES. The following information must be provided on all existing tenants. Applications will not be processed until all tenant information is received. Tenant's Name [ Curren~ Apt. No. [Over Ethnic *FEM Handi- Section Income [ 'Rent [ No. Occupants[ 65 Code HHH Capped 8 NOTE: for the table above, use the following codes: Ethnic Codes: 1 - White 2 - Black 3 - Amer. Indian/Alaskan Native 4 - Asian Pacific Islander 5 - Hispanic 6 - Other * Please note a female head-of-household is a single female with dependent children. Section 8 recipient Codes: C - Certificate V - Voucher N- None SECTION I1: PROPERTY DATA A. NOTE: PROVIDE INFORMATION FOR ALL UNITS UNIT NUMBER NUMBER OF BEDROOMS, EXISTING NUMBER OF BEDROOMS, AFTER REHABILITATION CURRENT RENT PROJECTED RENT AFTER REHABILITATION UNIT OCCUPIED (O) OR VACANT B. ORIGINAL MORTGAGE PAGE 25 APPENDIX III Orig. Amount Mortgagee Balance C. OTHER LIENS Amounts Lien Holder Total Due D. ORIGINAL PURCHASE PRICE E. DATE OF PURCHASE F. ESTIMATED MARKET VALUE OF PROPERTY (Attach recent appraisal) G. DOLLAR AMOUNT OF RECENT CAPITAL IMPROVEMENTS DESCRIBE IMPROVEMENTS BELOW: H. AMOUNT OF INSURANCE COVERAGE I. NAME OF INSURANCE COMPANY (Attach copy of policy) J. AMOUNT OF RENTAL REHABILITATION FUNDS REQUESTED FROM CITY FINANCING OF OTHER REHABILITATION COSTS NOT COVERED BY THE RENTAL REHABILITATION PROGRAM 1. AMOUNT OF ESTIMATED OWNER COSTS FOR REHABILITATION TO BE PAID FROM OWNER'S FUNDS (EQUITY): 2. AMOUNT TO BE BORROWED FROM PRIVATE LENDING INSTITUTION: NAME OF LENDING INSTITUTION: 3. ANTICIPATED INTEREST RATE AND LOAN PERIOD: %for years APPENDIX III PAGE 26 Üå9¯¶øqb¼¿÷í¯ øúÿ®öŸËá°¨çŸ‡„Œ½úò_ /º¾øò0êÒÉÐÌòµbõ±š×“Ì’r“ÿž“ ‚{Í“œŠ†ÿ¤Ý½Þ.ŸÚ„‘_·Ê¤¾Ÿ˜”¹,w’šˆ—Ö…¥·¸œ“˜™ÒöþŠ—ÒÕì°êíÖ™÷ž“3ßˆž¬–œÿ*Š’šmñÞÑÕ‹—ðÑã¬«å»—‚‘_ø’™ÞÂœ‡Ç ¨Jš‹†ß–Œß˜Œ‘Ž»ß¹‚]Òö½;™‹•˜\•–÷û6°ß€ˆê—”™‘×––ÿž‹1šÝº%’™Q%ÙÏF(Ÿ†L¡& ”®‰æŸKùF“ÜÛ‰J°¾‘—“„–=7ŸÍ³ÕòÒ‘óŸŒ†ß’ž‹Žž“Ž&¹ŠòŽ&Ù±Ï^OÜØ>Ï–“™^´Ø™ØÝ«Ÿ¬Ñ[¢¦ÂØ ËÙ‚Êã@>îpøÝ:~À×ÔÀ‹¶„ñ4z8éÉÐ\ÛÐÄ,’¾b¦tþL£k÷Ø$âR•‚Û¨‡¿f\íMÅ3¬ÞUy§`JÛ”Û,´ò~?¤˜ÝLêË}yî ‚Y= ~gñ´IµÆ¬`eþIvmk\å`ÿ]kkìl0Ca~îrs©3v~vTº^Æn#ò´;dÍ$gDêQKTKFGwEQŸ:oDV;pqG/'d"6«+d&17ßu47É ÆíüžÜß‘ßNAI’Ñ¹¸HÐÚ_ÙÚO;QPdtíXÞ¾ÔT(FoìþSN÷Lƒš‹–š’š‘‹òõªÇæ£½P^4¡ð¸«‚`VOXC«ðDÎëðÀø>CóÖ¢TWïd6ç½_M´k~!Îéº!aShC¶ájdÅ|f¡=t{~ëwí&â{5Z¤t¸eåÜ9,ó!ìyq'Ðh8vûê©D!é{–I|¡%,–+xsÿ›HFåYáÂIYôÔ¸%—l/á£kØ( vy§”2÷U÷¯CÛü0Ÿé§A`NU8Mï‹K™Ujçz`³;Bgv¬úéd-Çû,ð[W`÷¬wb&ñê“õDÚ±uª€wÌ¼Hú-íÞŠŠaSmyHôU´Ë_‰njðåfke@MŽúsñq“SðpHó®RðuØ×.±oœÑñ SECTION IV: CERTIFICATION THE OWNER/CO-OWNER CERTIFIES: (1) THAT HE/SHE HAS READ THE RENTAL REHABILITATION PROGRAM GUIDELINES AND UNDERSTANDS THE PROCEDURES AND REGULATIONS DESCRIBED THEREIN; (2) THAT HE/SHE AGREES TO ABIDE BY THOSE PROCEDURES, REGULATIONS, AND CONDITIONS; AND (3) THAT THE INFORMATION CONTAINED IN THIS APPLICATION AND PROPOSAL IS TRUE, CORRECT, AND COMPLETE. THE APPLICANT AGREES NOT TO DISCRIMINATE UPON THE BASIS OF RACE, AGE, GENDER, DISABILITY, FAMILY STATUS, CREED OR NATIONAL ORIGIN IN THE SALE, LEASE, RENTAL, USE, OR OCCUPANCY OF THE REAL PROPERTY REHABILITATED WITH ASSISTANCE FROM THE RENTAL REHABILITATION PROGRAM. VERIFICATION OF ANY OF THE INFORMATION CONTAINED IN THIS APPLICATION MAY BE OBTAINED FROM ANY SOURCE NAMED HEREIN. THE APPLICANT CERTIFIES THAT HE/SHE HAS NOT REQUIRED ANY TENANT TO MOVE WITHOUT CAUSE, SUCH AS VIOLATION OF THE LEASE OR LOCAL LAW DURING THE 12 MONTHS PREVIOUS TO THE DATE OF THIS APPLICATION. Owner's Signature Social Security Number Date Co-Owner's Signature Social Security Number Date ITEMS TO INCLUDE WITH THIS APPLICATION: 1. A COPY OF THE DEED. 2. PICTURE(S) OF THE BUILDING AND, IF AVAILABLE, PICTURES OF THE INSIDE OF THE UNIT(S). 3. PROOF THAT PROPERTY TAXES AND ALL UTILITIES ARE PAID IN FULL. INCLUDE A RECENT TAX STATEMENT SHOWING PROPERTY VALUE. 4. DOCUMENTATION OF OPERATING EXPENSES, TAXES AND INSURANCE. 5. SIGNED LETTER FROM ALL EXISTING TENANTS STATING THEY HAVE RECEIVED A COPY OF THE TENANT ASSISTANCE POLICY AND UNDERSTAND THEIR RIGHTS ACCORDING TO THE POLICY. A COPY OF THE POLICY AND A SAMPLE LETTER ARE ATTACHED. 6. INCOME DOCUMENTATION and COMPLETED AND SIGNED INCOME VERIFICATION FORMS. PAGE 28 APPENDIX III Community Development Division APPENDIX IV- TENANT ASSISTANCE POLICY Rental Rehabilitation Program Introduction The regulations for the Rental Rehabilitation Program (24 CFR 511.10(h) require grantees to adopt a written Tenant Assistance Policy. The purpose of the Tenant Assistance Policy is for the grantee to articulate how it will assist tenants currently living in or moving into projects rehabilitated under its Rental Rehabilitation Program. City of Denton residents have been made aware that the policy exists and that the policy is available to tenants in projects selected for rehabilitation. I. Definition of Displacement The term "displaced person" means any person that moves from real property, or moves personal property from real property, permanently and involuntary as direct result of rehabilitation, demolition or acquisition for a Rental Rehabilitation Program project. Permanent, involuntary moves for a Rental Rehabilitation Program project include: A permanent move from the real property following notice by the property owner to move permanently from the property, if the move occurs on or after the date that the owner submits a request for Rental Rehabilitation Program assistance that is later approved and funded. A permanent move from the real property that occurs before the submission of the request for assistance to the City, if either the City or HUD determines that the displacement resulted directly from rehabilitation, acquisition, or demolition for the project. C. A permanent move from the real property by a tenant-occupant of a dwelling unit that occurs after the execution of the agreement between the owner and the tenant if; The tenant has not been provided a reasonable opportunity to lease and occupy a suitable, decent, safe and sanitary dwelling in the same building/complex following the completion of the project at a rent, including average utility costs that does not exceed the greater of: The tenant's rent and estimated average utility costs before the execution of the agreement between the City and the owner or the total tenant payment as determined under 24 CFR 813.107, if the tenant is lower income, or 30% of gross household income if the tenant is not lower income, or; 2. The tenant has been required to relocate temporarily but: The tenant is not offered payment for all reasonable out-of-pocket expenses incurred in connection with a temporary relocation, including the cost of moving to and from the temporarily occupied housing and any increased rent and utility costs, or other conditions of APPENDIX IV Page 29 II. the temporary relocation are not reasonable, and the tenant does not return to the building/complex or; The tenant is required to move to another unit within the building/complex but is not offered reimbursement for all reasonable out-of-pocket expenses incurred in connection with the move or other conditions of the move are not reasonable. A person does not qualify as a displaced person, however, if the person has been evicted for cause based upon a serious or repeated violation of material terms of the lease or occupancy agreement and the City determines if the eviction was not undertaken for the purpose of evading the obligation to provide relocation assistance or the person moved into the property after the owner's submission of the request for assistance but, before commencing occupancy, received written notice of the owner's intent to terminate the person's occupancy for the project or the person is an owner-occupant who moves as a result of the rehabilitation of the real property or the person is ineligible under 49 CFR 24.2(g)(2) or the City determines that the person was not displaced as a direct result of the acquisition, rehabilitation or demolition for the project and the HUD office concurs in that determination. Relocation Assistance Relocation assistance is available to tenants from two sources: A. Rental rehabilitation funding as provided in CFR 511.10(g) (iv). B. Section 8 assistance provided by the Denton Housing Authority. Permanent Relocation Assistance Moving expenses will be provided to a family or individual displaced from any dwelling. They may, at their discretion, choose either a payment related to actual moving expenses or the fixed moving expense and dislocation allowance indicated in the federal register by the Department of Transportation. Replacement housing assistance can be taken in one of two ways: Tenants will be screened to determine if the family is eligible to receive a housing vouchedcertificate. When available, housing vouchers/certificates will be offered to families who are permanently displaced. In the absence of vouchers/certificates or when a tenant is found to be ineligible (if for reasons other than not being Iow income), the Public Housing Authority will provide at least one referral to an available decent, safe, and sanitary unit. Tenants eligible for a replacement housing payment may also elect to obtain a cash payment which will allow them to rent a comparable replacement dwelling for a 42-month period or purchase a replacement dwelling. Tenants eligible for a replacement housing payment include: 1. Those displaced from a dwelling occupied at least 90 days prior to the execution of an agreement between owner and the City and, Those displaced from a dwelling that they did not occupy for at least 90 days immediately before the execution of the agreement between the owner and the grantee/recipient. Generally, replacement housing payments will be the monthly rent and average utility costs at the displacement dwelling or 30% of the tenants average monthly gross income. If a gap exists between the new cost of housing with Section 8 assistance and the old costs, replacement housing payments will be made to cover the gap. Temporary Relocation Assistance PAGE 30 APPENDIX IV All tenants temporarily relocated from their residence will be reimbursed for all out-of-pocket expenses incurred in connection with the move. III. Provisions of Assistance Tenant Assistance will be provided from three sources: The property owner - The property owner will be charged with informing his/her tenants of their rights under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA). The property owner will provide the Community Development Division with evidence of communication to tenants concerning these matters. Community Development Division -The Community Development staff will be responsible for counseling tenants regarding the appropriateness of replacement housing payments. Community Development staff will also be responsible for complaint resolution and referral of tenants to the DHA for additional assistance. The Denton Housing Authority - The DHA will perform the following tests related to tenant assistance: 1) certifying eligibility of tenants, 2)issuing vouchers/certificates, 3) notifying and counseling tenants of their rights and rules of participation, and 4) identifying suitable replacement dwellings. IV. Denton Housing Authority Policies The DHA provides counseling and application assistance at their office located at 308 S. Ruddell. Applicants including all income verifications must be submitted to the office prior to any consideration for Section 8 or other public housing assistance. Each applicant found to be eligible is placed on DHA's waiting list. Any applicants found to be eligible under one of the federally mandated preference categories will be moved to the appropriate 3osition on the waiting list. Section 7 of the City's Memorandum of Understanding with DHA states that "DHA recogmzes that some tenants residing in units rehabilitated with rental rehabilitation funds may qualify for preferential treatment under federal guidelines." Those households whose rent burden is 50% or more of household income will be entitled to move forward on the DHA's waiting list along with others who fall into the rent burdened category. V. Equal Housing Opportunity and Non-Discrimination The Community Development Division and the Denton Housing Authority are charged with upholding individual rights under the Federal Fair Housing law. The Community Development Division administers the City's Fair Housing Ordinance. Ordinance No. 81-33 declares "The policy of the City against discrimination in housing." The City and DHA agree not to discriminate in providing information, counseling, referrals or other relocation services to persons displaced by rental rehabilitation activities. The City and DHA also commit that the practices and methods using and administering this program will not result in this displacement of persons because of their particular race, color, religion, sex, handicap, family status or national origin. For further information, please call the Community Development Division at 940-349-7726. The Community Development Division is located in the Texas Building at 100 W. Oak, Suite 208, Denton, TX 76201. APPENDIX IV PAGE 31 APPENDIXV- TENANT PRE NOTIFICATION SAMPLE LE'I-rER Re: Dear Tenant: This letter is to let you know that the rental unit where you live is being considered for rehabilitation through the U.S. Department of Housing and Urban Development Rental Rehabilitation Program under the City of Denton's Rental Rehabilitation Program. PLEASE DO NOT MOVE! This renovation project is being considered in order to provide you with a safer, more comfortable and attractive place to live. If you move without receiving a notice to vacate from the owner, you may not be eligible for relocation assistance. We do not foresee you or any other resident will be displaced by the rehabilitation. However, if for some unforeseen reason displacement should become necessary, relocation assistance will be provided for you. This assistance is described in the attached Tenant Assistance Policy, which contains many important facts regarding the rental assistance available to you. If you need more information or need further explanation, please contact (OWNER) at (TELEPHONE NUMBER), or Alma Espino with the City of Denton at 940-349-7756. Thank you for your cooperation. Please keep in mind this project is simply under consideration at this time so PLEASE DO NOT MAKE ANY PLANS TO MOVE. Should we decide at a later date to proceed with the project, you will be notified. I hereby certify that I have received this notice and a copy of the Tenant Assistance Policy. Name: Address: City/State/Zip:. Signature Date Page 32 Appendix V Appendix VI - Rental Rehabilitation TARGET AREA MAP [Denton, TexasI iRCULE! Appendix VI Page 33 APPENDIX VII - RENTAL REHABILITATION PROGRAM TENANT BENEFICIARY TRACKING FORM Page 34 This page left blank intemionally. Agenda 02-031 09/17/02 #26 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: September 17, 2002 Questions concerning this acquisition may be directed Materials Management to Alex Pettit 349-8590 or Anna Mosqueda 349-8127 Kathy DuBose, Fiscal and Municipal Services~ SUBJECT Consider adoption of an Ordinance of the City of DeNon, Texas authorizing a personal and professional services agreemem between the City of DeNon and Lynn Cardona for consulting services and system assistance in the financial/human resources software known as JD Edwards; and providing an effective date (Personal and Professional Services Agreemem with Lynn Cardona in the amoum not to exceed $22,000). AGREEMENT INFORMATION This agreemem with Lynn Cardona is for a personal services comract for professional technology related consulting services associated with the continued development and improvements to the JD Edwards Financial/Human Resources software. Lynn Cardona was chosen based upon her particular knowledge, experience and expertise with the JD Edwards software package. She was a consultant in the JD Edwards initial implementation project, and that experience makes her the best consultant for the assistance and consulting needed to carry the project forward. The rate of $100 per hour is a fair and reasonable rate and equal to the rate charges charged by others with similar expertise. RECOMMENDATION We recommend the Professional Services Agreemem with Lynn Cardona be approved in the amount not to exceed $22,000. PRINCIPAL PLACE OF BUSINESS Lynn Cardona Manteca, CA ESTIMATED SCHEDULE OF PROJECT The scope of work stated on the contract will require an estimated 160 hours to complete. Agenda Information Sheet September 17, 2002 Page 2 FISCAL INFORMATION $19,200 of the total amount of the Personal Services Agreement will be funded out of Technology Services account 84000200.1360.30100. The remaining $2,800 will be funded from account 830400.7854. Only hours worked and approved expenses will be paid. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AlS-Personal Services Agree~nent Lynn Cardona ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING A PERSONAL AND PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND LYNN CARDONA FOR CONSULTING SERVICES AND SYSTEM ASSISTANCE IN THE FINANCIAL/HUMAN RESOURCES SOFTWARE KNOWN AS JD EDWARDS; AND PROVIDING AN EFFECTIVE DATE (PERSONAL AND PROFESSIONAL SERVICES AGREEMENT WiTH LYNN CARDONA iN THE AMOUNT NOT TO EXCEED $22,000). WHEREAS, The personal and professional services provider, Lynn Cardona (the "Provider) is being selected as the most highly qualified on the basis of its demonstrated competence and qualifications to perform the proposed personal and professional services; and WHEREAS, The fees under the proposed agreement are fair and reasonable and are consistent with and not higher than the recommended practices and fees published by the professional associations applicable to the Provider's profession and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee, is hereby authorized to enter into a personal and professional service agreement with the Provider to provide personal, professional and consulting services and system assistance for the Financial/Human Resources software known as JD Edwards in substantially the same form as the agreement attached hereto and incorporated by reference herein (the "Agreement"). The City Manager, or his designee, is authorized to exercise the City's rights, responsibilities and duties under the Agreement. SECTION 2. The City Manager, or his designee, is authorized to expend funds as required by the Agreement. SECTION 3. The findings in the preamble of this ordinance are incorporated herein by reference. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ., 2002. EULINEBROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: PERSONAL AND PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into to be effective as of the 1st day of September 2002, through the 30th day of September, 2002, by and between the City of Demon, Texas, Demon County, Texas 76201, and LYNN CARDONA, hereinafter called "CONSULTANT", acting herein, by and through their duly authorized representatives. WHEREAS, the City of Demon wishes to provide the following services: · Fixed Asset Preparation for Annual Close and Report Writing · Testing for Update 6 and Service Pack 19.1 · Report writing: © Expense by FERC Code for Electric Utility © Exception Reports for Transactions entered without FERC Code · Finalize Job Cost Reporting for Capital Projects and related report writing · Report Writing - various department requirements · General System Troubleshooting to its citizens at The Office of the Finance Director. II. WHEREAS, LYNN CARDONA.(hereinafter referred to as "Comractor") is specially skilled and qualified to provide these services and desires to provide same under the terms and conditions set forth below. III. WHEREAS, City hereby contracts with Contractor to provide consulting for: · Fixed Asset Preparation for Annual Close and Report Writing · Testing for Update 6 and Service Pack 19.1 · Report writing: © Expense by FERC Code for Electric Utility © Exception Reports for Transactions entered without FERC Code · Finalize Job Cost Reporting for Capital Projects and related report writing · Report Writing - various department requirements · General System Troubleshooting -1- (See Attachment A of this document) for its citizens and any others qualified to receive these services, the City of Denton hereby contracts with the Contractor to provide approved Consulting and Related Activities of the Finance Office. iV. The parties have conducted negotiations and as a result of these negotiations agree that $100 per hour plus reimbursable expenses not to exceed $22,000 is a just and reasonable fee for the performance or the services, which are the subject of this contract. (See Attachment B to this document). The fee is to be paid to contractor within 14 days after receipt of billing for time and expenses up to the date of billing. Contractor and City acknowledge and agree that Lynn Cardona is and shall be deemed an independent contractor for the services she provides under this Contract. Further, because Lynn Cardona is an independent contractor, the parties agree: The City will make no withholding for taxes of any type from the fee agreed upon in Article iV. All taxes, including, but not limited to Social Security, unemployment, FiCA or other monies owned to any State, Local or Federal governmental entity, including applicable penalties and interest, are to be paid by Contractor and are solely the liability of same. In the event a claim is made against City for payment of taxes, penalties or interest for or on behalf of Contractor, Contractor agrees to indemnify and hold harmless City of such damages, including costs and expenses. City will not provide worker's compensation for Contractor for services performed pursuant to this Contract. This is a non-exclusive contract. Contractor is free to advertise and provide his/her services to persons or entities other than the City. Further, City may use other contractors or its own employees to conduct the same services as Contractor. Any insurance the City may have for its facility described above is solely for the benefit of the City. The City shall not be liable for injuries to property or persons (including death), which are the result of the activities of the Contractor. Contractor agrees he/she shall be liable for injuries to himself/herself or others caused by his/her own negligence, omissions, malfeasance, or intentional conduct. When applicable, for the services provided, contractor shall provide insurance for the activity as provided in the policies of the contract instructors program. VI. -2- This Contract can be terminated by the City, at any time with notice to Contractor. In the event City terminates the Contract without the fault of Contractor, Contractor shall be entitled to her fee and expenses for work satisfactorily completed to the date of termination. VII. In the event of default of Contractor for any term or provision of this Contract, the City upon notice to the Contractor of such default, may terminate this Contract without further obligations or liability. In the event of termination for cause, the Contractor shall only receive payment, for work satisfactorily completed, less any damages incurred by the City for the default. VIII. The Contractor shall at all times exercise reasonable precautions for the safety of participants and others on or near the City's facility and shall comply with all applicable provisions of Federal, State, and Municipal safety laws. IX. The Contractor shall at all times observe and comply with all Federal, State and local laws, ordinances and regulations, which in any matter affect the Contractor or the work, and shall indemnify, defend and save harmless the City against any claim arising for the violation of any such laws, ordinances and regulations whether by the Contractors or its employees. Contractor shall provide, at his or her own cost and expense, workers' compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. XI. The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this Contract, and the exclusive venue for any legal proceedings involving this Contract shall be Denton County, Texas. XII. The Contractor agrees to retain control and to give full attention to the fulfillment of this Contract, and agrees this contract will not be assigned or sublet without the prior written consent of the City. XIII. -3- The Contractor shall defend, indemnify and hold harmless the City and its officers, agents and employees from and against all damages, injuries (including death), claims, property damages (including loss of use, losses demands, suites, judgments and costs, including reasonable attorney's fees and expenses, in any way arising out or of or resulting from the performance of this Contract or caused by the negligent or intentional act or omission of the Contractor, its officers, agents, employees, subcontractors or invitees. This Contract shall be binding upon the parties hereto, their successors, heirs, personal representatives and assigns. This Agreement ratifies and authorizes payment for any work performed by Contractive prior to the effective date of this Agreement. IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and CONSULTANT has executed this Agreement through its duly authorized undersigned officer on this the ~ DAY OF .... 2002. CITY OF DENTON, TEXAS MICHAEL A. CON'DUFF, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: L~l~lq, f~I)OlqA, C6NS-ULTANT ATTACHMENT "A" SCOPE OF SERVICES WHEREAS, City hereby comracts with Comractor to provide consulting to for its citizens and any others qualified to receive these services, the City of Demon hereby contracts with the Contractor to provide approved Consulting and Related Activities of the Finance Office. · Fixed Asset Preparation for Annual Close and Report Writing · Testing for Update 6 and Service Pack 19.1 · Report writing: o Expense by FERC Code for Electric Utility o Exception Reports for Transactions entered without FERC Code · Finalize Job Cost Reporting for Capital Projects and related report writing · Report Writing - various department requirements · General System Troubleshooting -5- ATTACHMENT "B" COST ESTIMATES Consultant Rate $100.00 Travel/ Estimated Hours 160 Estimated Fees/Expenses $16,000 $ 6,000 $22,000 -6- Agenda 02-031 09/17/02 #27 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET September 17, 2002 Materials Management Questions concerning this acquisition may be directed to Robert Waggoner 349-7836 Kathy DuBose, Fiscal and Municipal Services~ SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a contract for drug testing and physicals; providing for the expenditure of funds therefore; and providing for an effective date (RFSP 2873-Occupational Health Services, Contract Nurse, Drug Testing, and Physicals awarded to Pinnacle Diagnostics according to the attached fee schedules). RFSP INFORMATION The City of DeNon curremly administers a drug-testing program in compliance with Federal rules and regulations regarding Departmem of Transportation (DOT) drug and alcohol testing. City policy also includes drug and alcohol testing in addition to DOT regulations for pre- employmem, post-accidem, reasonable suspicion, and safety sensitive random programs. The City conducts approximately 850 drug and alcohol tests annually. In addition to drug testing, the City conducts approximately 110 post-offer physicals annually. Curremly, the City uses various vendors to provide drug testing and physical services. The City desires that these services be centralized to a single vendor in order to provide more efficiem service and advantageous rates. Six proposals were received in response to RFSP 2873. The Request for Proposal stated that respondents could bid on one, multiple, or all sections of services. All proposals for Occupational Health Services and Contract Nurse were either non- responsive or were not advantageous to the City. These services will be reevaluated and considered at a later date. The committee that reviewed the proposals consisted of the following employees: Marci Bailey, Human Resources Generalist; Todd Holtz, Safety/Wellness Administrator; Carla Romine, Director of Human Resources; and Robert Waggoner, Risk Manager. RECOMMENDATION We recommend that Drug Testing and Physicals be awarded to Pinnacle Diagnostics according to the attached fee schedules. PRINCIPAL PLACE OF BUSINESS Pinnacle Diagnostics Denton, TX Agenda Information Sheet September 17, 2002 Page 2 ESTIMATED SCHEDULE OF PROJECT Contracts for Drug Testing and Physicals will begin October 1, 2002 and will end October 1, 2005, with two (1) year options to renew. FISCAL INFORMATION Funding for the random drug testing will come from Risk Management account 860002.7888. Funding for all other drug testing will be charged back to the using department. Physicals will be funded from Risk Management account 860002.7226. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Fee Schedule-Physicals Attachment 2- Fee Schedule- Drug and Alcohol Testing 1-AISRFSP 2873 Attachment 1 FEE SCHEDULE--Physicals Physicals (fee per evaluation/exam) Approximate Annual Cost Post-Offer for Services Physicals Post Injury Physicals Executive Physicals Provided* Pinnacle Diagnostics $ 125.00 $ 125.00 $ 300.00 $ 20,600.00 *Assumptions: 110 Post-Offer Ph~'sicals, 50 Post-Injury Physicals, and 2 Executive Physicals 0 0 0 n, 0 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR DRUG TESTING AND PHYSICALS; PROViDiNG FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROViDiNG AN EFFECTIVE DATE (RFSP 2873-OCCUPATIONAL HEALTH SERVICES, CONTRACT NURSES, DRUG TESTING, AND PHYSICALS AWARDED TO PINNACLE DiAGNOSTiCS ACCORDING TO THE ATTACHED FEE SCHEDULES). WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for Drug Testing and Physicals in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and reviewed and recommended that the herein described proposals are the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals; 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 1. That the items in the following numbered request for proposal for materials, equipment, supplies or services, shown in the "Request Proposals" on file in the office of the Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals. RFSP NUMBER CONTRACTOR AMOUNT 2873 Pinnacle Diagnostics Exhibit A SECTION 2. That by the acceptance and approval of the above numbered items of the submitted proposals, the City accepts the offer of the persons submitting the proposals for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Proposal invitations, Proposals, and related documents. SECTION 3. That should the City and person submitting approved and accepted items and of the submitted proposals wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the proposals, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Proposal and related documents herein approved and accepted. SECTION 4. That by acceptance and approval of the above numbered items of the submitted proposals, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved proposals or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ., 2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 4-ORD-RFSP 2873 EXHIBIT A Pinnacle Diagnostics Fee Schedule-Physicals (Fee Per Evaluation/Exam) Post-Offer Physicals $125 Post-Injury Physicals $125 Executive Physicals $300 Pinnacle Diagnostics Fee Schedule Drug and Alcohol Testing (Fee Per Test/Collection) DOT Drug Screen Non-DOT Drug Screen After Hour Specimen Collection Random Testing Specimen Collection Medical Review Officer Services Testing of Split Specimen Alcohol Screening Preferred Services Provided $35.00 $30.00 $17.50 No Additional Fee No Additional Fee $75.00 $15.00 Local, in house lab, same day results, split specimens collected on all drug tests This page left blank intemionally. Agenda 02-031 09/17/02 #28 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET September 17, 2002 Materials Management Questions concerning this acquisition may be directed to Cary Tower 349-8424 Kathy DuBose, Fiscal and Municipal Services~ SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a contract for the purchase of a 32 ft. quarter frame end dump trailer; providing for the expenditure of funds therefore; and providing for an effective date (Bid 2888-32 Ft. Quarter Frame End Dump Trailer awarded to Clement Trailers Dallas, inc. in the amount of $28,250). BID INFORMATION This bid is for the purchase of a 32 ft. 26 cubic yard end dump trailer. The unit will be pulled by an existing truck tractor and assigned to the Street Division. The trailer only, is a motor pool fleet addition. The primary use will be to haul spoils from street construction sites and materials for street maintenance and construction projects. RECOMMENDATION We recommend this bid be awarded to the lowest responsible bidder, Clement Trailers Dallas inc., in the amount of $28,250. PRINCIPAL PLACE OF BUSINESS Clement Trailers Dallas, Inc. Dallas, TX ESTIMATED SCHEDULE OF PROJECT Delivery of this trailer is estimated to be 3 to 4 weeks after receipt of an order. FISCAL INFORMATION This unit will be funded from Certificates of Obligation sold for Motor Pool Acquisitions account 810001.8535. Agenda Information Sheet September 17, 2002 Page 2 Attachment 1: Tabulation Sheet 1-AlS-Bid 2888 Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent BID # 2888 Attachment 1 Date: 8/27/02 32 Ft. Quarter Frame End Dump Trailer Dallas CMC Trailers Clement Trailers Freightliner/DBA TOTAL BASE BID $28,993.00 $28,250.00 $34,019.00 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Hard Rock Steel Model RKHS3226 TNSP32NFS Quarterframe ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A 32 FT. QUARTER FRAME END DUMP TRAILER; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2888-32 FT. QUARTER FRAME END DUMP TRAILER AWARDED TO CLEMENT TRAILERS DALLAS, iNC. iN THE AMOUNT OF $28,250). 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 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 in 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 1. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID NUMBER VENDOR AMOUNT 2888 Clement Trailer Dallas, Inc. $28,250 SECTION 2. 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 in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. That should the City and persons submitting 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 bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION 4. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this __ day of ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORDBid 2888 This page left blank intemionally. Agenda 02-031 09/17/02 #29 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET September 17, 2002 Materials Management Questions concerning this acquisition may be directed to Cary Tower 349-8424 Kathy DuBose, Fiscal and Municipal Services~ SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a contract for the purchase of a motor grader and rubber tire loader; providing for the expenditure of funds therefore; and providing an effective date (Bid 2889-Motor Grader, Rubber Tire Loader awarded to Holt CAT in the amount of $336,706). BID INFORMATION This bid is for the purchase of a motor grader and a rubber tire wheel loader with 36-month buy back agreements. These units will be assigned to the Street Division and are both replacements to the Motor Pool fleet. The motor grader and loader are powered by EPA Tier II compliant diesel engines. RECOMMENDATION We recommend this bid be awarded to the lowest responsible bidder based upon net cost after the 36-month buy back agreement is exercised. 36-Month Item # Description Supplier Purchase Price Buy Back Net Cost 1 Motor Grader Holt CAT $174,210 $143,950 $30,260 2 Wheel Loader Holt CAT $162,496 $106,300 $56,196 At the end of 36 months, Holt CAT will buy back the motor grader for $143,950 and the loader for $106,300. The total buy back amount is $250,250. PRINCIPAL PLACE OF BUSINESS Holt CAT Fort Worth, TX ESTIMATED SCHEDULE OF PROJECT Delivery of both pieces can be accomplished within 84 days from receipt of an order or approximately, the first week of December 2002. Agenda Information Sheet September 17, 2002 Page 2 FISCAL INFORMATION The acquisition of this equipment will be funded from Certificates of Obligation sold for Motor Pool Fleet Equipment account 810001.8535. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet 1-AlS-Bid 2889 Bid # 2889 Attachment 1 Date: 8/27/02 Motorgrader, Rubber Tire Loader RDO Equipment Future EquipmentC~nntinPnta_~t.~i~).~.~l Romco Equipment Holt Cat Princip,e P,ace of Business'. Motor ~rader $148,910.00 No Bid $164,000.00 $167,850.00 $174,210.00 Optional Service Contract $20,835.46 No Bid $13,000.00 $11,800.00 $18,300.00 3D/770 CH Series Mfs/Model ~ No Bid Komatsu/GD655-3 Volvo/G720B Caterpillar/140H Rubber Tire Loader $157,300.00 $110,932.87 $162,000.00 $185,650.00 $162,496.00 Optional Service Contract $20,373.86 $7,825.35 $18,500.00 $11,900.00 $16,700.00 ~f~/~odol JD/644H Case/821C Komatsu/WA380-5 Volvo/k120~ Caterpillar/950G ~ddondum 1 Yes Yes Yes Yes Yes ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A MOTOR GRADER AND RUBBER TIRE LOADER; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2889-MOTOR GRADER, RUBBER TIRE LOADER AWARDED TO HOLT CAT IN THE AMOUNT OF $336,706). 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 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 in 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 1. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID NUMBER ITEM VENDOR AMOUNT 2889 1 Holt CAT $174,210 2889 2 Holt CAT $162,496 SECTION 2. 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 in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. That should the City and persons submitting 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 bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION 4. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this __ day of ,2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 2889 Motor grader, Loader This page left blank intemionally. Agenda 02-031 09/17/02 #30 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET September 17, 2002 Materials Management Questions concerning this acquisition may be directed to Cary Tower 349-8424 Kathy DuBose, Fiscal and Municipal Services~ SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a contract for the purchase of an aerial device (bucket truck) 82' and brush chipper; providing for the expenditure of funds; and providing an effective date (Bid 2890-Aerial Device (Bucket Truck) 82' and Brush Chipper awarded as listed below in the total amount of $175,844). BID INFORMATION This bid is for the purchase of an 82' working height bucket truck and brush chipper for the Parks and Recreation Division. Both units are motor pool fleet replacements and are diesel powered. The bucket truck is EPA Tier ii compliant and replaces a 1988 aerial device that is to be traded in. The EPA does not regulate the brush chipper's engine size and the chipper replaces an older unit no longer economical to repair that will be sold at auction. Also included is the offering for trade in or outright sale of the 1988 aerial device. RECOMMENDATION We recommend this bid be awarded to the lowest responsible bidder as listed below. Item Description Supplier Price 1 82' Bucket Truck Southwest International Trucks Inc. $162,100 lA Trade-in of 1988 Truck Southwest international Trucks inc. ($12,000) 2 Brush Chipper Poston Equipment Sales inc. $ 25,744 Total Award $175,844 The lower price offered by Vermeer Equipment on Item 2 failed to meet specifications for type of machine. We required a disc cutter type and they offered a drum type unit. PRINCIPAL PLACE OF BUSINESS Southwest International Trucks Inc. McKinney, TX Poston Equipment Sales Inc. Mesquite, TX Agenda Information Sheet September 17, 2002 Page 2 ESTIMATED SCHEDULE OF PROJECT Delivery of the bucket truck is estimated to be 180-210 days from receipt of an order. The chipper can be delivered within 45 days from receipt of an order. FISCAL INFORMATION Funding for these units is available from the following sources: $170,000-Certificates of Obligation account 35000900.1355.30100 $ 5,844-Motor Pool Replacement Fund account 810001.8535 Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet 1-AIS-Bid 2890 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF AN AERIAL DEVICE (BUCKET TRUCK) 82' AND BRUSH CHIPPER; PROViDiNG FOR THE EXPENDITURE OF FUNDS; AND PROViDiNG AN EFFECTIVE DATE (BiD 2890-AERIAL DEVICE (BUCKET TRUCK) 82' AND BRUSH CHIPPER AWARDED AS LISTED BELOW iN THE TOTAL AMOUNT OF $175,844). 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 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 in 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 1. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID NUMBER ITEM VENDOR AMOUNT 2890 1 Southwest international Trucks inc $162,100 2890 lA Southwest international Trucks inc. ($ 12,000) 2890 2 Poston Equipment Sales inc. $ 25,744 SECTION 2. 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 in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid invitations, Bid Proposals, and related documents. SECTION 3. That should the City and persons submitting 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 bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION 4. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this __ day of ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: This page left blank intemionally. Agenda 02-031 09/17/02 #31 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET September 17, 2002 Materials Management Questions concerning this acquisition may be directed to Sharon Mays 349-8487 Kathy DuBose, Fiscal and Municipal Services~ SUBJECT Consider adoption of an Ordinance providing for the purchase of a post-warranty support contract for the Supervisory Control and Data Acquisition (SCADA) System 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 (File 2896-Post-Warranty Support Contract awarded to Advanced Control Systems in the amount of $29,484). CONTRACT INFORMATION This post-warranty support contract is for software and hardware support for the Advanced Control Systems (ACS) Supervisory Control and Data Acquisition (SCADA) System. This system is very sophisticated in its design. It combines hardware from several manufacturers with software that is proprietary to ACS. The SCADA system controls and monitors the entire electric system. A support agreement covering hardware and software is critical to the continued safe operation of the electric system. Denton Municipal Electric is currently covered under an ACS support agreement that will expire October 1, 2002. Chapter 252 of the Texas Local Government Code exempts from the competitive bid process, those supplies and resources protected by copyright or patent and available from only one source. The subject support contract falls in this category. The contract and price quotation from ACS are on file in the office of the Purchasing Agent. RECOMMENDATION We recommend this annual support contract from Advanced Control Systems be approved in the amount of $29,484. PRINCIPAL PLACE OF BUSINESS Advanced Control Systems Norcross, GA Agenda Information Sheet Page 2 September 17, 2002 ESTIMATED SCHEDULE OF PROJECT This contract will become effective on October 1, 2002 and remain in effect through September 30, 2003. FISCAL INFORMATION Funding for this acquisition will be from the 2002-2003 DME operating budget. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-Advanced Control Systems ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF A POST-WARRANTY SUPPORT CONTRACT FOR THE SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM 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 (FILE 2896-POST-WARRANTY SUPPORT CONTRACT AWARDED TO ADVANCED CONTROL SYSTEMS IN THE AMOUNT OF $29,484). WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including; items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following purchase of materials, equipment or supplies, as described in the "File 2896" listed herein, and on file in the office of the Purchasing Agent, are hereby approved: FILE VENDOR AMOUNT 2896 Advanced Control Systems $ 29,484 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 pursuant to said contracts is hereby authorized. SECTION IV. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ACCESS CONTROL SYSTEMS Agenda 02-031 09/17/02 #32 AGENDA DATE: DEPARTMENT: ACM/DCM/CM: AGENDA INFORMATION SHEET September 3, 2002 Planning & Development Dave Hill, 349-8314 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, amending Chapter 28 "Building and Building Regulations" by amending Section 28-111 (a), License - Required; providing for the repeal of all ordinances that conflict herewith; providing a severability clause; providing a savings clause; providing a penalty; providing for publication; and providing for an effective date. BACKGROUND The Construction Advisory and Appeals Board requested that staff survey various cities within the metroplex to determine if they allowed homeowners to perform electrical work in their homes occupied by them as their homestead. Staff surveyed various cities and found that of the cities surveyed Denton was the only municipality that did not allow homeowners to perform work in their homes. Staff presented this information to the Construction Advisory and Appeals Board and they unanimously recommended that Chapter 28 Section 28-111(a) be amended to allow a person to perform electrical work in a building owned or occupied by him as his homestead. OPTIONS 1. Approve as submitted. 2. Deny. 3. Postpone consideration. 4. Table item. RECOMMENDATION Staff along with the Constructions Advisory and Appeals Board recommends that Chapter 28, Section 28-111(a) of the Code of Ordinances of the City of Denton, Texas be amended to allow a person to perform electrical work in a building owned or occupied by him as his homestead. ESTIMATED PROJECT SCHEDULE N/A PRIOR ACTION/REVIEW On November 15, 2001 the Construction Advisory and Appeals Board unanimously recommended that Section 28-111(a) be amended to allow a person to perform electrical work in a building owned or occupied by him as his homestead. FISCAL INFORMATION N/A ATTACHMENTS 1. Draft Ordinance Prepared by: Greg Mitchell Building Oficial Respectfully submitted: Douglas S. Powell, AICP Director of Planning and Development S:\Our Documents\Ordinances\02\Electrical Ordinance Amendment.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 28 "BUiLDiNG AND BUiLDiNG REGULATIONS" BY AMENDING SECTION 28-111(a), LICENSE - REQUIRED; PROViDiNG FOR THE REPEAL OF ALL ORDINANCES THAT CONFLICT HEREWITH; PROViDiNG A SEVERABiLiTY CLAUSE; PROViDiNG A SAVINGS CLAUSE; PROViDiNG A PENALTY; PROViDiNG FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That Chapter 28, Section 28-11 l(a) of the Code of Ordinances of the City of Demon is hereby amended so that said section shall hereafter be and read as follows: (a) It shall be unlawful for any person to install electric wiring or apparatus or to make any repairs, alterations or changes to electric wiring or apparatus used in connection with electric lighting, heating, power or signage unless such person shall have previously obtained a master or journeyman electrician license, or residemial wireman's license, or master or journeyman sign electrician's license from the building official of the city or unless such person is a bona fide employee working under the direct supervision of a licensed electrician or a licensed residemial wireman or a licensed sign electrician or unless such person ia' performing electrical work in a building owned or occupied by such person as homestead property. SECTION 2. That if any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 3. That all provisions of the ordinances of the City of Demon in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Demon, not in conflict with the provisions of this ordinance, shall remain in full force and effect. SECTION 4. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not to exceed two thousand dollars ($2000.00). Each day that a provision of this Ordinance is violated shall constitute a separate and distinct offense. SECTION 5. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Demon Record Chronicle, the official newspaper of the City of Demon, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the __ day of ,2002. S:\Our Documents\Ordinances\02\Electrical Ordinance Amendment.doc EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Agenda 02-031 09/17/02 #33 AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET September 17, 2002 Engineering Dave Hill, 349-8314 SUBJECT Consider the adoption of an ordinance of the City of Denton approving a License Agreement between the Texas Municipal Power Agency ("TMPA"), and the City of Denton relating to the encroachment of a City water pipeline across an existing TMPA Easement as part of the City of Denton Loop 288 42- inch and 36-inch Water Transmission Pipeline project, located within a tract of land situated in the T. Toby Survey Abstract Number 1288, City of Denton, Denton County, Texas and being a part of the 110.257 acres described in the deed from Teri Taylor Companies, inc. to Vandalar Partners recorded under Clerk's File Number 93-R0094497 of the Real Property Records of Denton County, Texas; authorizing the expenditure of funds therefore; and providing an effective date. BACKGROUND Staff is facilitating the right-of-way easements for the Loop 288 42-inch & 36-inch Water Transmission Pipeline project from Sherman Drive to Nicosia. The City of Denton has requested permission to cross an area within the boundaries of an existing TMPA electric easement. TMPA has agreed to the encroachment on the easement with the use of their standard License Agreement. OPTIONS 1. Approve the License Agreement 2. Denial, or 3. Table for future consideration RECOMMENDATION Staff endorses the approval of the License Agreement ESTIMATED PROJECT SCHEDULE Fall 2002 PRIOR ACTION/REVIEW Not Applicable. FISCAL INFORMATION $250.00 Processing Fee. ATTACHMENTS Location Map Draft Ordinance License Agreement Prepared by: Pamela England Real Estate Specialist Respectfully submitted: Charles Fiedler, Director Engineering Department KUHLKEN, LAWRENCE E ETUX HAISLER, J B SR KUHLKEN, LAWRENCE E ETUX Ia ! I~'HAISLER, J B SR VANDALAR PARTNERS ENCROACHMENT ON TMPA EASEMENT (APPROX, 1700' FROM F.M. 2t64) RHAISLER, J B SR VANDALAR PARTNERS KDRCIILTDPtS SLI-GP INC HAISLER, J B JR KDRC II LTD PIS DENTON 40 JN ASBUF LOCUST 288 PARTNERS LTD MCKAMY LOcation Map HAR ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON APPROVING A LICENSE AGREEMENT BETWEEN THE TEXAS MUNICIPAL POWER AGENCY ("TMPA"), AND THE CITY OF DENTON RELATING TO THE ENCROACHMENT OF A CITY WATER PIPELINE ACROSS AN EXISTING TMPA EASEMENT AS PART OF THE CITY OF DENTON LOOP 288 42-INCH AND 36-INCH WATER TRANSMISSION PIPELINE PROJECT, LOCATED WITHIN A TRACT OF LAND SITUATED IN THE T. TOBY SURVEY ABSTRACT NUMBER 1288, CITY OF DENTON, DENTON COUNTY, TEXAS AND BEING A PART OF THE 110.257 ACRES DESCRIBED IN THE DEED FROM TERI TAYLOR COMPANIES, INC. TO VANDALAR PARTNERS RECORDED UNDER CLERK'S FILE NUMBER 93- R0094497 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Section 1. The City Manager, or his designee, is hereby authorized to execute a License Agreement Related to Encroachment on Easement between the City of Denton and the Texas Municipal Power Agency ("TMPA") in substantially the form of the Agreement which is attached to and made a part of this ordinance for all purposes, for the purpose of locating a City water pipeline within a TMPA Electric utility easement as described therein. Section 2. The City Manager is authorized to make the expenditures as set forth in the attached Agreement. Section 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __ day of ,2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: EULINE BROCK, MAYOR LICENSE AGREEMENT RELATING TO ENCROACHMENT ON EASEMENT Date: July 18, 2002 File Code: T-13, D-4 Re: N. Denton-Denton Arco 138 kV Transmission Line Dear Sir: The City of Denton (hereinafter referred to as User) has requested permission to use the area within the boundaries of Texas Municipal Power Agency's (TMPA) N. Denton - Denton Arco 138 kV Power Line Easement, located in Denton County, Texas for a 42"/36" treated water pipeline crossing. Said Water Line crosses the TMPA Easement on the N. side of Loop 288 approximately 1,700 feet West of FM 2164. TMPA is agreeable to the construction of the 42"/36" Water Line hereinafter referred to as the "encroaching facility", if the encroaching facility is located and described as shown on the attached drawing, marked Exhibit "A" and incorporated herein, and subject to the following terms and conditions: It is understood and agreed that TMPA holds easement rights on or owns the property involved; therefore, User will be required to obtain whatever rights and permission, other than TMPA's, that are necessary. This letter agreement shall extend to and be binding upon User and its heirs, successors, and assigns, and is not to be interpreted as a waiver of any rights held by TMPA under its easement. 2 User shall defend, indemnify and hold harmless TMPA, its employees and agents from and against any and all claims, expenses, (including attorney fees), damages, losses and judgments whether for bodily injury or damage to property whether or not arising from the sole or concurrent negligence or fault of TMPA or its employees, arising out of or incident to the presence, construction, operation and maintenance of the encroaching facility. Use of dragline or other boom-type equipment in connection with any work to be performed on the TMPA easement by User, its employees, agents, representatives or contractors must comply with Chapter 752, Texas Health and Safety Code, the National Electrical Safety Code and any other applicable safety or clearance requirements. Notwithstanding anything to the contrary herein, in no event shall any equipment be within fifteen feet of the TMPA power line situated on the aforesaid property. User must notify the Supervisor of Transmission, Tom Chambers, at (936) 873-1125 or (936) 873-2013, 48 hours prior to the use of any boom-type equipment on the TMPA easement. 4 If in the future the encroaching facility, in the sole judgment of TMPA, does interfere with the use or enjoyment of its easement rights, TMPA shall have the right to remove said encroaching facility. TMPA shall notify User in writing that, within 90 days, the encroaching facility must be removed at User's sole cost. If at the end of the 90 day period the encroaching facility has not been removed, TMPA shall remove it at User's expense. TMPA will not be responsible nor will compensation be paid for damages incurred by such removal. However, in an emergency, TMPA shall have the right to immediately remove the encroaching facility. If the encroaching facility is removed, TMPA will not unreasonably withhold consent for User to relocate the encroaching facility within the easement. It is expressly understood and agreed that if the property has transmission or distribution facilities located thereon, User shall not place upon the premises, any improvements including but not limited to, building, light standards, fences, shrubs, trees or signs unless approved in writing by TMPA. It is agreed that no trash dumpsters, toxic substances or flammable material will be allowed on the easement. 7 TMPA will not be responsible for any costs of construction, operation and maintenance of User's encroaching facility. It is further agreed that TMPA shall not be liable for any damage to the encroaching facility herein agreed to as a result of TMPA's use pursuant to its easement. Any TMPA property damaged or destroyed by User or its agents shall be repaired or replaced by TMPA at User's expense and payment is due upon User's receipt of an invoice from TMPA. 8. Blasting is not permitted on the TMPA right of way. Grading shall be done in order to leave the right of way in as near as possible to present condition. Spoil dirt and all trash shall be removed from the right of way. Slopes shall be graded so that TMPA vehicles may transit the right of way when required to maintain TMPA's facilities. 10. Shoring shall be required where approved excavation is within 10 feet of a structure and shall extend 20 feet each side of the centerline of the structure. Shoring shall be sufficient to withstand the added load of the structure and its footing. Ditches shall not be left open for extended periods of time. Except when pipe or underground facilities are installed, shoring shall be removed and ditches properly backfilled as soon as practical. Backfill shall be thoroughly tamped. Water tamping shall not be permitted within this area. 11 The TMPA right of way shall be protected from washing and erosion by a method approved by TMPA. 12. Construction equipment and materials shall not be stored on the right of way during construction. 13. It is understood and agreed that, in case of default by User or its agents in any of the terms and conditions herein stated and such default continues for a period of ten (10) days after TMPA notifies User of such default, TMPA may at its election forthwith terminate this agreement and upon such termination all of User's rights hereunder shall cease and come to an end. This agreement shall also terminate upon the abandonment of the encroaching facility. If the foregoing terms and conditions are acceptable to The City of Denton, please have the original and a copy of this letter agreement signed and returned to me at Texas Municipal Power Agency, P.O. Box 7000, Bryan, Texas 77805 within 30 days for final approval by TMPA. This letter agreement shall be effective only after final approval by TMPA. Yours very truly, Manager, Land Department ACCEPTED APPROVED: Texas MunicipalPowerAgency By: Title: Date: By: Title: Date: Encroachment: N. Denton - Denton Arco 3 This page left blank intemionally. Agenda 02-031 09/17/02 #34 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: September 17, 2002 Engineering CM/DCM/ACM: Dave Hill, 349-8314 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas approving a real estate contract between the City of Denton and The Evangelical Lutheran Good Samaritan Society, relating to the purchase of an approximate Sixty Nine (69) acre tract or parcel of land Being A Part Of Lot 1, Block A Of The Lake Forest Good Samaritan Village, An Addition To The City of Denton, Denton County, Texas, According To The Plat Thereof Recorded In Cabinet F, Page 36, Plat Records, Denton County, Texas, for use as a community park; authorizing the expenditure of funds therefore; and providing an effective date. BACKGROUND Staff has been negotiating with Good Samaritan for the past year to facilitate the purchase of approximately 69 acres of land for a community park site on Ryan Road. The 2000 capital improvements program allocates $1,800,000.® for the acquisition of community park sites in rapidly growing areas of the city. These areas are identified on the Parks Master Plan, which was adopted in 2001 by the City Council. The proposed park acquisition on Ryan Road is located in one of the acquisition target areas. proposed community park acquisition is located adjacent to the new Denton Aquatic Center. funds are sufficient to acquire both sites. Another Available The Ryan Road purchase is to be funded with a combination of park bonds and park dedication funds. In addition, staff is working with a private entity to secure a contribution of $45,000.® to partially offset the City's cost of this purchase. The entity's decision should be forthcoming prior to closing. OPTIONS 1. Approve the Real Estate Agreement, or 2. Denial, or 3. Table for future consideration RECOMMENDATION Staff recommends approval of the Real Estate Agreement. ESTIMATED PROJECT SCHEDULE Closing Date: On or before September 31, 2002 PRIOR ACTION/REVIEW None FISCAL INFORMATION $1,140,000.°° plus closing costs of about of $2,000.°° ATTACHMENTS Location Map Draft Ordinance Real Estate Agreement Prepared by: Pamela England Real Estate Specialist Respectfully submitted: Charles Fiedler, Director Engineering Department GOOD SAMARITAN PARKS ACQUISITION SUBJE~ LO~;ON f41AP ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND THE EVANGELICAL LUTHERAN GOOD SAMARITAN SOCIETY, RELATING TO THE PURCHASE OF AN APPROXIMATE SIXTY NINE ACRE TRACT OR PARCEL OF LAND BEING A PART OF LOT 1, BLOCK A OF THE LAKE FOREST GOOD SAMARITAN VILLAGE, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED iN CABINET F, PAGE 36, PLAT RECORDS, DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROViDiNG AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. The City Manager, or his designee, is hereby authorized to execute a Real Estate contract between the City and The Evangelical Lutheran Good Samaritan Society in substantially the form of the Real Estate Contract (the "Contract") which is attached hereto and made a part of this ordinance for all purposes, for the purchase of approximately 69 acres of real property. SECTION 2. The City Manager, or his designee, is authorized to make the expenditures as set forth in the Contract. SECTION 3. This ordinance shall become effective immediately upon it's passage and approval. PASSED AND APPROVED this __ day of September, 2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: REAL ESTATE CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE is made by The Evangelical Lutheran Good Samaritan Society (hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS, a home rule municipality, of Denton, Denton County, Texas, (hereinafter referred to as "Purchaser"), upon the terms and conditions set forth herein. PURCHASE AND SALE Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for all that certain tract, lot or parcel of land described in "EXHIBIT A", attached herein, with all rights and appurtenances pertaining to the said property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way (all of such real property, rights, and appurtenances being hereinafter referred to as the "Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions hereinafter set forth. Seller reserves the the right of access, ingress, and egress to the existing lake on the Property including its beaches. This right of access is not superior to the public's general right to use the Property as a park. Purchaser shalI maintain the lake, II. PURCHASE PRICE Amount of Purchase Price. The total purchase price for the Property shalI be the sum of One Miltion One Hundred Forty Thousand Dollars and No Cents ($1,140,000.®) (the "Purchase Price"). Payment of Purchase Price. The full amount of the Purchase Price shall be payabte in cash at the closing. III. PURCHASER'S OBLIGATIONS The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject to the satisfaction of each of the following conditions any of which may be waived 'in whole or in part by Purchaser at or prior to the closing. 1. Preliminary Title Report. Within ten (10) business days after the date hereof, Seller, at Purchase~"s sole cost and expense, shall have caused the Title Company (hereinafter defined) to issue a owner's policy commitment (the "Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. Purchaser shall give Seller written notice on or before the expiration often (10) business days after Purchaser receives the Commitment that the condition of title as set forth in the Commitment is or is not satisfactory. In the event Purchaser states the condition of title is not satisfactory, Seller shall, at Seller's option, promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) business days after receipt of written notice, Purchaser, at its option may elect to terminate this Agreement (in which event this Agreement shall be null and void), grant Seller additional time to cure, or proceed to closing. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the commitment. 2. Survey(. Seller, at Seller's sole cost and expense, shall obtain a current survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to Purchaser. The survey shall be staked on the ground, and shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of-way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the Property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. Following delivery of the Survey, the parties agree to amend this Contract to substitute the metes and bounds description of the Property set forth on the Survey for the current description set forth herein if the current description is different from that set forth in the Survey. Purchaser will have ten (10) business days after receipt of the survey to review and approve the survey. In the event the survey is unacceptable, then Purchaser shall within the ten (10) business day period, give Seller written notice of this fact. Seller shall, at Seller's option, promptly undertake to eliminate or modify the unacceptable portions of the survey to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) business days after receipt of written notice, Purchaser, at its option may elect to terminate this Agreement (in which event this Agreement shall be null and void), grant Seller additional time to cure, or proceed to closing. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the survey. 3. Seller's Compliance. Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Agreement to be performed, observed, and complied with by Seller prior to or as of the closing. REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing date: 1. Property to be sold in "AS IS" condition; however nothing herein shall be construed to release, discharge or hold harmless, any of Seller's predecessors in title. CLOSING The closing shall be held at the office of Texas Title Company, 2215 South Loop 288, Suite 320, Denton, Texas 76205 on or before September 30, 2002, or at such title company, time, date, and place as Seller and Purchaser may mutually agree upon (which date is herein referred to as the "closing date"). VI. CLOSING REQUIREMENTS 1. Seller's Req~tirements. At the closing Seller shall: A. Deliver to the City of Denton a duly executed and acknowledged Special Warranty Deed conveying good and marketable title in fee simple to all of the Property, free and clear of any and all liens, encumbrances, conditions, assessments, and restrictions, except for the following: 1. General real estate taxes for the year of closing and subsequent years not yet due and payable; 2. Any exceptions approved by Purchaser pursuant to Purchaser's Obligations hereof; and 3. Any exceptions approved by Purchaser in writing. B. Deliver to Purchaser a Texas Owner's Policy of Title Insurance at Purchaser's sole expense, issued by Texas Title Company, Denton, Texas, (the "Title Company"), or such title company as Seller and Purchaser may mutually agree upon, in Purchaser's favor in the full amount of the purchase price, insuring fee simple title for the City of Denton to the Property subject only to those title exceptions listed in Closing Requirements hereof, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Policy of Title Insurance, provided, however: 1. The boundary and survey exceptions shall be deleted if required by Purchaser and if so required, the costs associated with same shall be bome by Purchaser; 2. The exception as to restrictive covenants shall be endorsed "None of Record"; 3. The exception for taxes shall be limited to the year of closing and shall be endorsed "Not Yet Due and Payable"; and 4. The exception as to liens encumbering the Property shall be endorsed "None of Record". C. Deliver to Purchaser possession of the Property on the day of closing. D. Seller shall not be responsible for any applicable rollback taxes. 2. Purchaser's Requirements. Purchaser shall pay the consideration as referenced in the "Purchase Price" section of this contract at Closing in immediately available funds. 3. Closing Costs. Seller shall pay all taxes assessed by any tax collection authority through the date of Closing. All other costs and expenses of closing in consummating the sale and purchase of the Property not specifically allocated herein shall be paid by the Purchaser, except each party will be responsible for its own attorney fees. VII. REAL ESTATE COMMISSION Seller and Purchaser represent and warrant to each other that neither has retained a broker for this transaction and that there are no broker or real estate fees due as a result of the consunumation of this contract. VIII. BREACH BY SELLER If Seller fails to fully and timely perform any of its obligations under this Contract or fails to consummate the sale of the Property for any reason, except Buyer's default, Buyer may enforce specific performance of this Contract. IX. BREACH BY PURCHASER In the event Buyer fails to consummate the purchase of the Property, if Seller is not in default under this Contract, Seller will have the right to enforce' specific performance of this Contract. MISCELLANEOUS 1. Assignment of Agreement. Purchaser may assign this Agreement without the express written consent of Seller. 2. Survival of Covenants. Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. 3. Notice. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, rettma receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth beneath the signature of the party. a. Seller's agent for purposes of notice shall be: Jerry Nugent, Senior Director for Development and Operation Services, 4800 West 57~h Street, P.O. Box 5038, Sioux Falls, SD 57117-5038. b. Purchaser's agent for the purposes of notice shall be: Edwin Snyder, Deputy City Attorney, City of Denton, 215 East McKinney Street, Denton, Texas, 76201 4. Texas Law to App,. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. 5. Parties Bound. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Agreement. 6. Legal Construction. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, said invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. 7. Prior Agreements Superseded. This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 8. Time of Essence. Time is of the essence in this Agreement. 9. Gender. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 10. Memorandum of Contract. Upon request of either party, both parties shall promptly execute a memorandum of this Agreement suitable for filing of record. 11. Compliance. In accordance with the requirements of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtains a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. 12. Effective Date. The term "Effective Date" means the latter of the dates on which this Contract is signed by either Seller or Purchaser, as indicated by their signature below. If the last party to execute this Contract fails to complete the date of execution below that party's signature, the date the Title Company acknowledges receipt of a copy of this fully executed contract is the Effective Date. IN WITNESS WHEREOF, Seller and Purchaser have executed this contract as follows: SELLER: The Evangelical Lutheran Good Samaritan Society Date: PURCHASER: BY: Date: Michael A. Conduff City Manager 2 t 5 E. McKinney Denton, Texas 76201 APPROVED AS TO FORM: TITLE COMPANY ACCEPTANCE AND ACKNOWLEDGEMENT The Title Company acknowledges receipt of the fully executed Contract on __ ,2002. TITLE COMPANY: Name: Texas Title Company Address: 2215 South Loop 288 Denton, Texas 76205 Telephone: 940-382-8251 By: Printed Name: Title: day of EXHIBIT A LEGAL DESCRIPTION City Park 69.320 ACRES BEING all that certain lot, tract, or parcel of land situated in the N'. Britton Survey Abstract Number 51 and in the T. Labor Survey Abstract Number 779 in the City of Denton, Denton County, Texas, being a part of Lot 1, Block A of Lake Forest Good Samaritan Village, an addition to the City of Denton, Denton County, Texas according to the plat thereof recorded in Cabinet F, Page 36, Plat Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at an iron rod found for comer in the south line of Ryan Road, a public roadway, said point being the northeast corner of that certain tract of land conveyed by deed from Mary Ryan to Wayne S. Ryan and wife, Melbagene Ryan recorded in Volume 730, Page 599, Deed Records, Denton County, Texas, said point also being the northwest comer of said Lot '1, Block A of said Lake Forest Good Samaritan Village; THENCE S 88° 21' 16" E, 1014.59 feet with said south line of said Ryan Road to an iron rod set for PLACE OF BEGINNING; THENCE S 8@° 21' 45" E, 468.72_ feet with said south line of said Ryan Road to an iron rod set for corner; THENCE S 00° 15' 54" W, 2543.39 feet to an iron rod set for corner in the north line of that certain tract of land conveyed by deed to Acme Brick Company recorded in Volume 3127, Page 930, Real Property Recordsl Denton County, Texas; THENCE N 89° 33' 03" W, '1869.59 feet with said north tine of said Acme Brick trac~ to an iron rod found for comer, said point being the northeast corner of that certain "Tract A" of land conveyed by deed from Ryan Ventures, LTD. to the City of 'Denton recorded in Volume 4994, Page 235, Real Property Records, Denton County, Texas; THENCE N 89° 54' 30" W, 254.10 feet with the nodh tine of said City of Denton "Tract A" to an iron rod found for comer in the east line of Lot 39, Block J of Ryan Ranch, Phase I, an addition to the City of Denton, Denton County, Texas according to the plat thereof recorded in Cabinet S, Page 12:2, Plat Records, Denton County, Texas; THENCE N 00° 29' §4" W, 676.32 feet with said east tine of said Ryan Ranch Phase I and with the east line of that certain tract of land conveyed by deed from Wayne S. Ryan et al to Wayne Ryan recorded in Volume 2522, Page 898, Real Property Records, Denton County, Texas to an iron rod set for corner; THENCE S 88° 5.5' 53" E, 574.60 feet to an iron rod set for corner; THENCE N 47* 58' 14" E, 157.26 feet to an iron rod se/for comer; THENCE N 14' 04' 10" E, 123.83 feet to an iron rod set for corner; THENCE N 37° 34' 35" E, 348.92 feet to an iron rod set for corner; THENCE N 11 ° 55' 56" E, 113.51 feet to en iron rod set for corner; THENCE S 88° 55' 53" E, 199.39 feet to an iron rod set for corner; THENCE N 33' 03' 22" E, 258.89 feet to an iron rod set for comer; THENCE N 24° 55' Ol" E, 290.75 feet to an iron rod set for corner; THENCE S 88° 55' 53" E, 248.41 feet to an iron rod se! for corner; THENCE N O0° 15' 54" E, 790.81 feet to the PLACE OF. BEGINNING and containing 69.320 acres of land. This page left blank intemionally. Agenda 02-031 09/17~02 #35 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: September 17, 2002 Engineering CM/DCM/ACM: David Hill, 349 - 8314 SUBJECT Consider approval of an exaction variance of Section 35.20.2(B.) of the Code of Ordinances concerning sidewalk for the San Jacinto Plaza Addition, being a 2.602 acre commercial parcel located in a Regional Center Commercial Downtown (RCC-D) zoning district and on the northeasterly comer of IH35E northbound frontage road and San Jacinto Blvd. The Planning and Zoning Commission recommends approval of a full variance (5-0) (V02-0014) BACKGROUND Mr. Derek Coker, Associate Planner (representing Santander Management, Inc, the owner of this property- the San Jacinto Plaza) has applied for a full variance of section 35.20.3(B) (conceming perimeter sidewalk) of the Code of Ordinances regarding relief from all costs associated with sidewalk improvements to San Jacinto Blvd. The subject section of the ordinance requires construction improvements along the frontage of the development with City standard sidewalk. San Jacinto Blvd, in this area, is classified as a secondary arterial street. The pavement is built to City standards with curb md gutter however, no sidewalk exists. The new City code requires a 5-foot wide sidewalk to be installed, which can be readily built within the existing parkway. The cause of this request is the result of this property being subdivided. The buildings and related structures on the property exist. There is to be some minor landscaping additions, but there will be no improvements or additions to the existing buildings or new structures built. As there is no substantive costs associated with improvements to this property for the requested subdivision, the costs to install the sidewalk is an imposition on the development which exceeds any reasonable benefit to the property owner. The applicant's letter provides additional information concerning this item. The City Council may approve this exaction variance if the following criterion is met: b) Criteria for variances from development exactions. Where the commission finds that the imposition of any development exaction pursuant to these regulations exceeds any reasonable benefit to the property owner or is so excessive as to constitute confiscation of the tract to be platted, it may recommend approval of variances to waive such exaction's, so as to prevent such excess, to the City Council. Waiver of developmental exactions shall be approved by the City Council. Page 1 The price the applicant paid for the parcel, or the cost of the proposed building improvements is not a factor in determining reasonable costs. The City Council must decide if the costs associated with the public improvements required by city regulations are reasonable and consistent for the type of development proposed and are proportional to the demand for services created by the development. OPTIONS 1. Approve full variance 2. Approve full variance with conditions 3. Approve a partial variance 4. Deny variance RECOMMENDATION Staff recommended approval of a full variance to the Planning & Zoning Commission. The Planning & Zoning Commission voted 5-0 to recommend approval ora full variance on August 14, 2002. PRIOR ACTION/REVIEW The Planning & Zoning Commission voted 5-0 to recommend approval of a full variance on August 14, 2002. FISCAL INFORMATION City staff estimates typical installation of 5-foot wide sidewalk (which is required adjacent to a secondary arterial street) at $12.50/foot. The required sidewalk improvement, for approximately 435 ft of frontage along San Jacinto Blvd., would cost an estimated $5,437.50. The City understands that the cost to construct sidewalk along a secondary arterial street to City standards is restrictive when there are no other substantial associated improvement costs to the property. ATTACHMENTS 1. Site location map 2. Plat 3. Applicant's letter 4. P & Z minutes Prepared By: David Salmon, Assistant Director Engineering Respectfully submitted: Charles Fiedler Director, Engineering Page 2 VCN TY Doug Powell, Director Department of Planning and Development City Hall West 2P21 N Elm Denton, Texas 76201 Re.' Variance request for Lot 6A, Block A of the replat part of Block A, Township II, Phase II, Denton, Denton County, Texas Dear Mr. Powell: This will serve as a request for a variance to the future right-of-way requirements of San Jacinto Boulevard as set forth in Chapter 35 of the Denton Development Code. This request is being made simultaneously with an application to replat the above referenced property into two lots. San Jacinto Boulevard is currently a 4-lane collector street that runs east and west from 135 to Colorado Boulevard and is located just north of the Golden Triangle Mall. San Jacinto Boulevard currently has 80 feet of right-of-way. It has a proposed width of 90 feet. A variance to the future right-of-way requirements of the Denton DevelOPment Code is- appropriate for the following reasons: 1. Lot 6a is fully developed. No new structures or improvements will be added, 2. The parkway between San Jacinto Boulevard and our property is landscaped, 3. The parkway is of varying width with as little as five feet from the curb and existing parking facilities. Due to the developed state of Lot 6A, the varying width of the parkway, and the existing landscaping within the parkway, any increase in the width of San Jacinto Boulevard via expansion into Lot 6A would cause the property owner undue hardship and expense. Thank you for your consideration of this request. Should you have questions or comments, please contact me at your convenience. Derek Coker Associate Planner Coker Company 6350 LBJ Freeway, #158 Dallas, Texas 75240 972-726-6130 (fax) 972-726-6142 (email) dcoker~cokercompany.com CondenseltTM Page 5 1 much. Madam Chair, I move approval of Item 4 on the 2 Consent Agenda. 3 COMMISSIONER POWELL: second. 4 COMMISSIONER APPLE: We've had a motion and 5 a second. Any discussion? We're voting on Item 4 on the ~ 6 Consent Agenda. It passes 5-0. I'7 COMMISSIONER APPLE: NeXt on our Agenda are 8 three items for individual consideration. And Mr. Vokoun 9 with the City's engineering department will make the [0 presentation. And it's my understanding that we're going L1 to have one presentation for all three items, though, we [2 will need individual motions for each one of the items. 13 MR. VOKOUN: I will try my best. 14 COMMISSIONER APPLE: Thank you. 15 MR. VOKOUN: Madam Vice-Chair, ladies and 16 gentlemen of the Commission. Bud Vokoun, engineering. 17 COMMISSIONER POWELL: EXCUse roe, Bud. 18 19 20 21 22 23 24 25 Page 7 1 COMMISSIONER APPLE: Commissioner Mulroy 2 had his light on. 3 COMMISSIONER POWELL: I don't mind waiting. 4 COMMISSIONER APPLE: Commissioner Mulroy. 5 COMMISSIONER MULROY: I was operating under 6 the assumption there weren't any questions, I was ready to 7 make a motion, the first motion, but I will give up the 8 floor. 9 COMMISSIONER APPLE: Commissioner Powell. 10 COMMISSIONER POWELL: I'll give it back to 11 you in a second, sir. I don't think I've ever been here 12 in -- this has got to be the 7th year or the 6th year or 13 something -- a lot of years sitting behind this desk in 14 one way or another that staff recommended against 15 sidewalks. Give us a hint here. What's going on? 16 MR. VOKOUN: Just because there is -- the 17 variance request has to do with costs associated with the Could you turn that upside right? MR. VOKOUN: YOU like it the other way? COMMISSIONER POWELL: Yes, sir. Sure would. Thank you. MR. VOKOUN: I also do this for the Traffic 18 19 20 21 22 development. In this case here all they are is subdividing it, so they can sell the parcels off. They are not improving the property at al1. We as staff look at the costs associated with the improvements of the property relative to the costs of the public improvements, Safety Commission, and they like it the other way. You have before you a request by Mr. Derek Coker who represents the Santander Management who is the owner of Page 6 1 the San Jacinto Plaza located on the easterly side of IH35 2 north of San Jacinto Boulevard. It's in a regional center 3 commercial downtown zoning district and there is currently 4 commercial development on the property. 5 You have before you three requests for full 6 variances. The first request is for Section 35.20.3(B) 7 concerning parameter sidewalk required to be installed 8 because of the subdivision of this property, 2 point -- 9 I'm sorry, the 3.56 plus acre property which was -- is 10 required to have parameter sidewalk. The second variance 11 is also for Section 35.20.3 (B) concerning parameter 12 sidewalk in this case along 1-35. This also is a result 13 of a subdivision of the parcel. 14 The final variance, back to the original 15 parcel and concerns the subdivision requirement of Section 16 35.20.2 (H. 1 ) concerning requirement of dedication of 17 right-of-way on San Jacinto Boulevard. Subdivision is the 18 only reason for these properties. And as such there are 19 no substantive costs associated with the improvements to 20 either existing buildings or in the installation of new 21 buildings. Because the right-of-way dedication and the 22 sidewalk would be an imposition on the development, staff 23 recommends that the full variances be granted. Any 24 questions? 25 COMMISSIONER POWELL: Yeah, I guess I do. 23 24 25 i.e., whether it's pavement or sidewalk or what it might be. In this case here because they have no Page 8 1 associated costs for improvements on their prol~cty, we're 2 in agreement that they don't have to also provide any 3 costs for the associated improvements of the right-of-way. 4 COMMISSIONER POWELL: Appreciate it. Thank 5 you very much. 6 COMMISSIONER APPLE: commissioner Mulroy. 7 COMMISSIONER MULROY: Yes. I know wc 8 require three separates votes. 9 COMMISSIONER APPLE: YeS. 10 COMMISSIONER MULROY: I make a motion for 11 approval of Item 7 as submitted, ' 12 COMMISSIONER APPLE: Item 77 How about 13 Item 6? 14 COMMISSIONER MULROY: It~rl 6, ~XCUSe me. 15 COMMISSIONER APPLE: That's okay. The 16 motion is to approve Item 6. Is there a second? 17 COMMISSIONER HOLT: second. 18 COMMISSIONER APPLE: Any discussion? Vote 19 please. The motion passes 5-0. 20 COMMISSIONER MULROY: NOW, I'd like to make 21 a motion on Item 7 to approve. 22 COMMISSIONER HOLT: second. 23 COMMISSIONER APPLE: we have a motion from 24 Commissioner Mukoy and a second from Commissioner Holt to 25 approve Item No. 7. If no discussion, vote, please. The PLANNING AND ZONING COMMISSION AUGUST 14, 2002 Page 5 - Page 8 ? 8 10 11 12 13 14 16 17 18 19 21 22 24 25 1 2 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 9 motion passes 5-0. COMMISSIONER MULROY: MOVe approval for Item 8. COMMISSIONER HOLT: Second. COMMISSIONER APPLE: commissioner Mulroy moves approval. Commissioner Holt seconds. Seeing no discussion, vote, please. That motion passes 5-0. Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 11 Page 12 PLANNING AND ZONING COMMISSION AUGUST 14, 2002 Page 9 - Page 12 This page left blank intemionally. Agenda 02-031 09/17/02 #36 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: September 17, 2002 Engineering David Hill, 349 - 8314 SUBJECT Consider approval of an exaction variance of Section 35.20.3(B.) of the Code of Ordinances concerning sidewalk for the San Jacinto Plaza Addition, being a 3.569 acre commercial parcel located in a Regional Center Commercial Downtown (RCC-D) zoning district and on the IH35E northbound fi~ontage road approximately 700 feet north of San Jacinto Blvd. The Planning and Zoning Commission recommends approval of a full variance (5-0) (V02-0015) BACKGROUND Mr. Derek Coker, Associate Planner (representing Santander Management, Inc, the owner of this property- the San Jacinto Plaza) has applied for a full variance of section 35.20.3(B) (conceming perimeter sidewalk) of the Code of Ordinances regarding relief from all costs associated with sidewalk improvements to the IH35 northbound frontage road. The subject section of the ordinance requires construction improvements along the frontage of the development with City standard 5-foot wide sidewalk. The IH35 northbound frontage road, in this area, is a 2-lane roadway with shoulders and a ditch to carry drainage (no cub and gutter) and without sidewalk. The adjacent properties that front this section of roadway are developed. The cause of this request is the result of this property being subdivided. The buildings and related structures on the F'operty exist. There is to be some minor landscaping additions, but there will be no improvements or additions to the existing buildings or new structures built. As there is no substantive costs associated with improvements to this property for the requested subdivision, the costs to install the sidewalk is an imposition on the development which exceeds any reasonable benefit to the property owner. The applicant's letter provides additional information concerning this item. The City Council may approve this exaction variance if the following criterion is met: b) Criteria for variances from development exactions. Where the commission finds that the imposition of any development exaction pursuant to these regulations exceeds any reasonable benefit to the property owner or is so excessive as to constitute confiscation of the tract to be platted, it may recommend approval of variances to waive such exaction's, so as to prevent such excess, to the City Council. Waiver of developmental exactions shall be approved by the City Council. Page 1 The price the applicant paid for the parcel, or the cost of the proposed building improvements is not a factor in determining reasonable costs. The City Council must decide if the costs associated with the public improvements required by city regulations are reasonable and consistent for the type of development proposed and are proportional to the demand for services created by the development. OPTIONS 1. Approve full variance 2. Approve full variance with conditions 3. Approve a partial variance 4. Deny variance RECOMMENDATION Staff recommended approval of a full variance to the Planning & Zoning Commission. The Planning & Zoning Commission voted 5-0 to recommend approval ora full variance on August 14, 2002. PRIOR ACTION/REVIEW The Planning & Zoning Commission voted 5-0 to recommend approval of a full variance on August 14, 2002. FISCAL INFORMATION City staff estimates typical installation of 5-foot wide sidewalk (which is required adjacent to an arterial street such as IH35 frontage roads) at $12.50/foot. The required sidewalk improvement, for approximately 325 ft of frontage along IH35E, would cost an estimated $4,062.5.00. The City understands that the cost to construct sidewalk along an arterial street to City standards is restrictive when there are no other substantial associated improvement costs to the property. ATTACHMENTS 1. Site location map 2. Plat 3. Applicant's letter 4. P & Z minutes Prepared By: David Salmon, Assistant Director Engineering Respectfully submitted: Charles Fiedler Director, Engineering Page 2 VCN TY Doug Powell, Director Department of Planning and Development City Hall West 2P21 N Elm Denton, Texas 76201 Re.' Variance request for Lot 6A, Block A of the replat part of Block A, Township II, Phase II, Denton, Denton County, Texas Dear Mr. Powell: This will serve as a request for a variance to the future right-of-way requirements of San Jacinto Boulevard as set forth in Chapter 35 of the Denton Development Code. This request is being made simultaneously with an application to replat the above referenced property into two lots. San Jacinto Boulevard is currently a 4-lane collector street that runs east and west from 135 to Colorado Boulevard and is located just north of the Golden Triangle Mall. San Jacinto Boulevard currently has 80 feet of right-of-way. It has a proposed width of 90 feet. A variance to the future right-of-way requirements of the Denton DevelOPment Code is- appropriate for the following reasons: 1. Lot 6a is fully developed. No new structures or improvements will be added, 2. The parkway between San Jacinto Boulevard and our property is landscaped, 3. The parkway is of varying width with as little as five feet from the curb and existing parking facilities. Due to the developed state of Lot 6A, the varying width of the parkway, and the existing landscaping within the parkway, any increase in the width of San Jacinto Boulevard via expansion into Lot 6A would cause the property owner undue hardship and expense. Thank you for your consideration of this request. Should you have questions or comments, please contact me at your convenience. Derek Coker Associate Planner Coker Company 6350 LBJ Freeway, #158 Dallas, Texas 75240 972-726-6130 (fax) 972-726-6142 (email) dcoker~cokercompany.com CondenseltTM Page 5 1 much. Madam Chair, I move approval of Item 4 on the 2 Consent Agenda. 3 COMMISSIONER POWELL: second. 4 COMMISSIONER APPLE: We've had a motion and 5 a second. Any discussion? We're voting on Item 4 on the ~ 6 Consent Agenda. It passes 5-0. I'7 COMMISSIONER APPLE: NeXt on our Agenda are 8 three items for individual consideration. And Mr. Vokoun 9 with the City's engineering department will make the [0 presentation. And it's my understanding that we're going L1 to have one presentation for all three items, though, we [2 will need individual motions for each one of the items. 13 MR. VOKOUN: I will try my best. 14 COMMISSIONER APPLE: Thank you. 15 MR. VOKOUN: Madam Vice-Chair, ladies and 16 gentlemen of the Commission. Bud Vokoun, engineering. 17 COMMISSIONER POWELL: EXCUse roe, Bud. 18 19 20 21 22 23 24 25 Page 7 1 COMMISSIONER APPLE: Commissioner Mulroy 2 had his light on. 3 COMMISSIONER POWELL: I don't mind waiting. 4 COMMISSIONER APPLE: Commissioner Mulroy. 5 COMMISSIONER MULROY: I was operating under 6 the assumption there weren't any questions, I was ready to 7 make a motion, the first motion, but I will give up the 8 floor. 9 COMMISSIONER APPLE: Commissioner Powell. 10 COMMISSIONER POWELL: I'll give it back to 11 you in a second, sir. I don't think I've ever been here 12 in -- this has got to be the 7th year or the 6th year or 13 something -- a lot of years sitting behind this desk in 14 one way or another that staff recommended against 15 sidewalks. Give us a hint here. What's going on? 16 MR. VOKOUN: Just because there is -- the 17 variance request has to do with costs associated with the Could you turn that upside right? MR. VOKOUN: YOU like it the other way? COMMISSIONER POWELL: Yes, sir. Sure would. Thank you. MR. VOKOUN: I also do this for the Traffic 18 19 20 21 22 development. In this case here all they are is subdividing it, so they can sell the parcels off. They are not improving the property at al1. We as staff look at the costs associated with the improvements of the property relative to the costs of the public improvements, Safety Commission, and they like it the other way. You have before you a request by Mr. Derek Coker who represents the Santander Management who is the owner of Page 6 1 the San Jacinto Plaza located on the easterly side of IH35 2 north of San Jacinto Boulevard. It's in a regional center 3 commercial downtown zoning district and there is currently 4 commercial development on the property. 5 You have before you three requests for full 6 variances. The first request is for Section 35.20.3(B) 7 concerning parameter sidewalk required to be installed 8 because of the subdivision of this property, 2 point -- 9 I'm sorry, the 3.56 plus acre property which was -- is 10 required to have parameter sidewalk. The second variance 11 is also for Section 35.20.3 (B) concerning parameter 12 sidewalk in this case along 1-35. This also is a result 13 of a subdivision of the parcel. 14 The final variance, back to the original 15 parcel and concerns the subdivision requirement of Section 16 35.20.2 (H. 1 ) concerning requirement of dedication of 17 right-of-way on San Jacinto Boulevard. Subdivision is the 18 only reason for these properties. And as such there are 19 no substantive costs associated with the improvements to 20 either existing buildings or in the installation of new 21 buildings. Because the right-of-way dedication and the 22 sidewalk would be an imposition on the development, staff 23 recommends that the full variances be granted. Any 24 questions? 25 COMMISSIONER POWELL: Yeah, I guess I do. 23 24 25 i.e., whether it's pavement or sidewalk or what it might be. In this case here because they have no Page 8 1 associated costs for improvements on their prol~cty, we're 2 in agreement that they don't have to also provide any 3 costs for the associated improvements of the right-of-way. 4 COMMISSIONER POWELL: Appreciate it. Thank 5 you very much. 6 COMMISSIONER APPLE: commissioner Mulroy. 7 COMMISSIONER MULROY: Yes. I know wc 8 require three separates votes. 9 COMMISSIONER APPLE: YeS. 10 COMMISSIONER MULROY: I make a motion for 11 approval of Item 7 as submitted, ' 12 COMMISSIONER APPLE: Item 77 How about 13 Item 6? 14 COMMISSIONER MULROY: It~rl 6, ~XCUSe me. 15 COMMISSIONER APPLE: That's okay. The 16 motion is to approve Item 6. Is there a second? 17 COMMISSIONER HOLT: second. 18 COMMISSIONER APPLE: Any discussion? Vote 19 please. The motion passes 5-0. 20 COMMISSIONER MULROY: NOW, I'd like to make 21 a motion on Item 7 to approve. 22 COMMISSIONER HOLT: second. 23 COMMISSIONER APPLE: we have a motion from 24 Commissioner Mukoy and a second from Commissioner Holt to 25 approve Item No. 7. If no discussion, vote, please. The PLANNING AND ZONING COMMISSION AUGUST 14, 2002 Page 5 - Page 8 ? 8 10 11 12 13 14 16 17 18 19 21 22 24 25 1 2 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 9 motion passes 5-0. COMMISSIONER MULROY: MOVe approval for Item 8. COMMISSIONER HOLT: Second. COMMISSIONER APPLE: commissioner Mulroy moves approval. Commissioner Holt seconds. Seeing no discussion, vote, please. That motion passes 5-0. Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 11 Page 12 PLANNING AND ZONING COMMISSION AUGUST 14, 2002 Page 9 - Page 12 This page left blank intemionally. Agenda 02-031 09/17/02 #37 AGENDA DATE: DEPARTMENT: AGENDA INFORMATION SHEET September 17, 2002 Engineering CM/DCM/ACM: David Hill, 349 - 8314 SUBJECT Consider approval of an exaction variance of Section 35.20.2(H.1.) of the Code of Ordinances concerning easements and right of ways for the San Jacinto Plaza Addition, being a 2.602 acre commercial parcel located in a Regional Center Commercial Downtown (RCC-D)zoning district and on the northeasterly comer of IH35E northbound frontage road and San Jacinto Blvd. The Planning and Zoning Commission recommends approval ora full variance (5-0) (V02-0016) BACKGROUND Mr. Derek Coker, Associate Planner (representing Santander Management, Inc, the owner of this property- the San Jacinto Plaza) has applied for a full variance of section 35.20.2(H. 1.) (concerning ROW) of the Code of Ordinances regarding relief from dedication of ROW associated with San Jacinto Blvd. The subject section of the ordinance requires dedication for all streets that serve more than three residential units or any commercial or industrial lot. San Jacinto Blvd, in this area, is classified as a secondary arterial. The pavement is built to City standards with curb and gutter however, no sidewalk exists. The new City code requires a ll0-foot wide ROW. The existing ROW is 80-feet wide, which was the required ROW under the old code. Because the pavement is constructed to City standards, with a four lane divided secondary arterial with a 14-foot wide median, the City would have no reason to widen San Jacinto Blvd. and therefore there is no foreseen use for the additional ROW. The cause of this request is the result of this property being subdivided. The buildings and related structures on the property exist. There is to be some minor landscaping additions, but there will be no improvements or additions to the existing buildings or new structures built. As there is no substantive costs associated with improvements to this property for the requested subdivision, the costs to install the sidewalk is an imposition on the development which exceeds any reasonable benefit to the property owner. The applicant's letter provides additional information concerning this item. The City Council may approve this exaction variance if the following criterion is met: b) Criteria for variances from development exactions. Where the commission finds that the imposition of any development exaction pursuant to these regulations exceeds any reasonable benefit to the property owner or is so excessive as to constitute confiscation of the tract to be platted, it may recommend approval of variances to waive such exaction's, so as to prevent such excess, to the City Council. Waiver of developmental exactions shall be approved by the City Council. Page 1 The price the applicant paid for the parcel, or the cost of the proposed building improvements is not a factor in determining reasonable costs. The City Council must decide if the costs associated with the public improvements required by city regulations are reasonable and consistent for the type of development proposed and are proportional to the demand for services created by the development. OPTIONS 1. Approve full variance 2. Approve full variance with conditions 3. Approve a partial variance 4. Deny variance RECOMMENDATION Staff recommended approval of a full variance to the Planning & Zoning Commission. The Planning & Zoning Commission voted 5-0 to recommend approval ora full variance on August 14, 2002. PRIOR ACTION/REVIEW The Planning & Zoning Commission voted 5-0 to recommend approval of a full variance on August 14, 2002. FISCAL INFORMATION City staff estimates property costs in this area at $10 per square foot. The property being subdivided has approximately 435 feet of frontage along San Jacinto Blvd. The existing right-of way (ROW) is 80 feet and City code requires 110 feet of ROW. This development would be responsible for one-half of the required new ROW dedication or [(110-80)/2=] 15 feet. This amounts to approximately 6,525 square feet of ROW dedication for an estimated cost of $65,250.00 ATTACHMENTS 1. Site location map 2. Plat 3. Applicant's letter 4. P & Z minutes Prepared By: David Salmon, Assistant Director Engineering Respectfully submitted: Charles Fiedler Director, Engineering Page 2 VCN TY Doug Powell, Director Department of Planning and Development City Hall West 2P21 N Elm Denton, Texas 76201 Re.' Variance request for Lot 6A, Block A of the replat part of Block A, Township II, Phase II, Denton, Denton County, Texas Dear Mr. Powell: This will serve as a request for a variance to the future right-of-way requirements of San Jacinto Boulevard as set forth in Chapter 35 of the Denton Development Code. This request is being made simultaneously with an application to replat the above referenced property into two lots. San Jacinto Boulevard is currently a 4-lane collector street that runs east and west from 135 to Colorado Boulevard and is located just north of the Golden Triangle Mall. San Jacinto Boulevard currently has 80 feet of right-of-way. It has a proposed width of 90 feet. A variance to the future right-of-way requirements of the Denton DevelOPment Code is- appropriate for the following reasons: 1. Lot 6a is fully developed. No new structures or improvements will be added, 2. The parkway between San Jacinto Boulevard and our property is landscaped, 3. The parkway is of varying width with as little as five feet from the curb and existing parking facilities. Due to the developed state of Lot 6A, the varying width of the parkway, and the existing landscaping within the parkway, any increase in the width of San Jacinto Boulevard via expansion into Lot 6A would cause the property owner undue hardship and expense. Thank you for your consideration of this request. Should you have questions or comments, please contact me at your convenience. Derek Coker Associate Planner Coker Company 6350 LBJ Freeway, #158 Dallas, Texas 75240 972-726-6130 (fax) 972-726-6142 (email) dcoker~cokercompany.com CondenseltTM Page 5 1 much. Madam Chair, I move approval of Item 4 on the 2 Consent Agenda. 3 COMMISSIONER POWELL: second. 4 COMMISSIONER APPLE: We've had a motion and 5 a second. Any discussion? We're voting on Item 4 on the ~ 6 Consent Agenda. It passes 5-0. I'7 COMMISSIONER APPLE: NeXt on our Agenda are 8 three items for individual consideration. And Mr. Vokoun 9 with the City's engineering department will make the [0 presentation. And it's my understanding that we're going L1 to have one presentation for all three items, though, we [2 will need individual motions for each one of the items. 13 MR. VOKOUN: I will try my best. 14 COMMISSIONER APPLE: Thank you. 15 MR. VOKOUN: Madam Vice-Chair, ladies and 16 gentlemen of the Commission. Bud Vokoun, engineering. 17 COMMISSIONER POWELL: EXCUse roe, Bud. 18 19 20 21 22 23 24 25 Page 7 1 COMMISSIONER APPLE: Commissioner Mulroy 2 had his light on. 3 COMMISSIONER POWELL: I don't mind waiting. 4 COMMISSIONER APPLE: Commissioner Mulroy. 5 COMMISSIONER MULROY: I was operating under 6 the assumption there weren't any questions, I was ready to 7 make a motion, the first motion, but I will give up the 8 floor. 9 COMMISSIONER APPLE: Commissioner Powell. 10 COMMISSIONER POWELL: I'll give it back to 11 you in a second, sir. I don't think I've ever been here 12 in -- this has got to be the 7th year or the 6th year or 13 something -- a lot of years sitting behind this desk in 14 one way or another that staff recommended against 15 sidewalks. Give us a hint here. What's going on? 16 MR. VOKOUN: Just because there is -- the 17 variance request has to do with costs associated with the Could you turn that upside right? MR. VOKOUN: YOU like it the other way? COMMISSIONER POWELL: Yes, sir. Sure would. Thank you. MR. VOKOUN: I also do this for the Traffic 18 19 20 21 22 development. In this case here all they are is subdividing it, so they can sell the parcels off. They are not improving the property at al1. We as staff look at the costs associated with the improvements of the property relative to the costs of the public improvements, Safety Commission, and they like it the other way. You have before you a request by Mr. Derek Coker who represents the Santander Management who is the owner of Page 6 1 the San Jacinto Plaza located on the easterly side of IH35 2 north of San Jacinto Boulevard. It's in a regional center 3 commercial downtown zoning district and there is currently 4 commercial development on the property. 5 You have before you three requests for full 6 variances. The first request is for Section 35.20.3(B) 7 concerning parameter sidewalk required to be installed 8 because of the subdivision of this property, 2 point -- 9 I'm sorry, the 3.56 plus acre property which was -- is 10 required to have parameter sidewalk. The second variance 11 is also for Section 35.20.3 (B) concerning parameter 12 sidewalk in this case along 1-35. This also is a result 13 of a subdivision of the parcel. 14 The final variance, back to the original 15 parcel and concerns the subdivision requirement of Section 16 35.20.2 (H. 1 ) concerning requirement of dedication of 17 right-of-way on San Jacinto Boulevard. Subdivision is the 18 only reason for these properties. And as such there are 19 no substantive costs associated with the improvements to 20 either existing buildings or in the installation of new 21 buildings. Because the right-of-way dedication and the 22 sidewalk would be an imposition on the development, staff 23 recommends that the full variances be granted. Any 24 questions? 25 COMMISSIONER POWELL: Yeah, I guess I do. 23 24 25 i.e., whether it's pavement or sidewalk or what it might be. In this case here because they have no Page 8 1 associated costs for improvements on their prol~cty, we're 2 in agreement that they don't have to also provide any 3 costs for the associated improvements of the right-of-way. 4 COMMISSIONER POWELL: Appreciate it. Thank 5 you very much. 6 COMMISSIONER APPLE: commissioner Mulroy. 7 COMMISSIONER MULROY: Yes. I know wc 8 require three separates votes. 9 COMMISSIONER APPLE: YeS. 10 COMMISSIONER MULROY: I make a motion for 11 approval of Item 7 as submitted, ' 12 COMMISSIONER APPLE: Item 77 How about 13 Item 6? 14 COMMISSIONER MULROY: It~rl 6, ~XCUSe me. 15 COMMISSIONER APPLE: That's okay. The 16 motion is to approve Item 6. Is there a second? 17 COMMISSIONER HOLT: second. 18 COMMISSIONER APPLE: Any discussion? Vote 19 please. The motion passes 5-0. 20 COMMISSIONER MULROY: NOW, I'd like to make 21 a motion on Item 7 to approve. 22 COMMISSIONER HOLT: second. 23 COMMISSIONER APPLE: we have a motion from 24 Commissioner Mukoy and a second from Commissioner Holt to 25 approve Item No. 7. If no discussion, vote, please. The PLANNING AND ZONING COMMISSION AUGUST 14, 2002 Page 5 - Page 8 ? 8 10 11 12 13 14 16 17 18 19 21 22 24 25 1 2 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 9 motion passes 5-0. COMMISSIONER MULROY: MOVe approval for Item 8. COMMISSIONER HOLT: Second. COMMISSIONER APPLE: commissioner Mulroy moves approval. Commissioner Holt seconds. Seeing no discussion, vote, please. That motion passes 5-0. Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 11 Page 12 PLANNING AND ZONING COMMISSION AUGUST 14, 2002 Page 9 - Page 12 This page left blank intemionally. Agenda 02-031 09/17/02 #38 AGENDA DATE: DEPARTMENT: AGENDA INFORMATION SHEET September 17, 2002 Engineering CM/DCM/ACM: David Hill, 349 - 8314 SUBJECT Consider approval of an ordinance superceding and repealing ordinance no.2002-002 (School Zones) revising the p.m. hour of operation for Strickland, Calhoun and McMath middle schools, from the existing "3:30 p.m. until 4:30 p.m. on school days" to" 3:00 p.m. until 4:00 p.m. on school days". The Traffic Safety Commission recommends approval. (Unanimous) BACKGROUND City staff has recently been notified that the DISD middle schools' let-out time have been changed to 3:15PM. The current times of affect of these school's 20MPH school zones is from 3:30-4:30 and as such, do not effectively protect these school's new let-out time. OPTIONS 1. Approve ordinance 2. Approve ordinance with conditions 3. Deny ordinance RECOMMENDATION Staff recommends approval of the ordinance. ordinance on September 9, 2002 (unanimous). The Traffic Safety voted to recommend approval of the PRIOR ACTION/REVIEW The Traffic Safety voted to recommend approval of the ordinance on September 9, 2002 (unanimous). FISCAL INFORMATION Costs are limited to staff time required to install the applicable numbers on existing signs and the cost of the numbers. ATTACHMENTS 1. Ordinance 2. TSC minutes Page 1 Prepared By: David Salmon, Assistant Director Engineering Respectfully submitted: Charles Fiedler Director, Engineering Page 2 S:\Our Docmments\Or dinances\02~2002 School Zone AddroCode.doc ORDINANCE NO. AN ORDINANCE SUPERCEDiNG AND REPEALING ORDINANCE NO. 2002-002 TO CHANGE THE AFTERNOON TIMES OF THE MIDDLE SCHOOL SAFETY SPEED ZONES TO 3:00 P.M.- 4:00 P.M.; AMENDING THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY ADDING THIS ORDINANCE TO CHAPTER TITLED "MOTOR VEHICLES AND TRAFFIC"; REDUCING THE MAXIMUM PRIMA FACiE SPEED LIMIT FOR SAID SCHOOL SAFETY SPEED ZONE TO A SPEED FOUND TO BE REASONABLE AND SAFE BY THE ENGINEERING AND TRANSPORTATION DEPARTMENT iNVESTiGATiONS FOR THE DESIGNATED HOURS; PROViDiNG FOR SCHOOL BUS LOADING ZONES AT CERTAIN SCHOOLS; PROViDiNG A PENALTY OF A FiNE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROViDiNG A SEVERABiLiTY CLAUSE; PROViDiNG FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Chapter 18 "Motor Vehicles and Traffic" of the Code of Ordinances of Denton, Texas is hereby amended by creating Article Viii of Chapter 18 titled "School Safety Speed Zones" to read as follows: Chapter 18 Article VIII SCHOOL SAFETY SPEED ZONES Se, r, Iilm~l.lt=2,~-. That based upon an Engineering and Transportation Department investigation heretofore made, as authorized by the provisions of Section 545.357 of the Transportation Code, V.T.C.A., the prkna facie speed limit of twenty (20) miles per hour for vehicles is hereby determined and declared to be prima facie reasonable and safe, and such speed limit is hereby fixed for vehicles traveling within the following described school zones. A. That the time periods for the reduced speeds for the school zones described below shall be from 7:30 a.m. until 8:30 a.m. and from 2:30 p.m. until 3:30 p.m. on school days. The location of school zones described below shall be as follows tc~wit: 1. Borman Elementary School Both directions of Parvin Street beginning 50 feet east of where Parvin Street intersects the center line of McCormick Street to 100 feet east of where Parvin Street intersects the center line of Mercedes Street. 2. Newton Rayzor Elementary School S:\Our Docmments\Or dinances\02~2002 School Zone AddroCode.doc Both directions of Malone Street beginning 50 feet north of where Malone Street intersects the center line of Cordell Street to 100 feet north of where Malone Street intersects the center line of Emery Street. Ginnings Elementary School Both directions of Stuart Road beginning 250 feet north of where Stuart Road intersects the center line of Imperial Drive to 175 feet north of where Stuart Road intersects the center line of Sun Valley Street. Both directions of Sun Valley Drive from its inersection with Stuart Road to 200 feet east of where Sun Valley Drive intersects the center line of Yellowstone Place. Both directions of Yellowstone Place beginning 300 feet north of where Yellowstone Place intersects the center line of Imperial Drive t) the intersection of Sun Valley Drive and Yellowstone Place Woodrow Wilson Elementary School Both directions of Windsor Drive beginning 275 feet west of where Windsor Drive intersects the center line of Bristol Street to 275 feet east of where Winder Drive intersects the center line of Hanover Drive. Both directions of Hanover Drive from its intersection with Windsor Drive to 450 feet north west of where Hanover Drive intersects the center line of Rockwood Lane. Both directions of Emerson Lane beginning 150 feet east of where Emerson Lane intersects the center line of Glenwood Lane to 350 feet west of where Emerson Lane intersects the center line of Rockwood Lane. Hodge Elementary School Both directions of Grant Parkway beginning 380 feet rortheast of where Grant Parkway intersects the center line of Deerwood Parkway to the intersection of Farris Road and Grant Parkway. Both directions of Fan'is Road from its intersection with Silverdome Road to 200 feet north of where Fan'is Road intersects the center line of Grant Parkway. Robert E. Lee Elementary School Both directions of Paisley Street beginning 475 feet west of where Paisley Street intersects the center line of Mack Drive to the intersection of Mack Drive and Paisley Street. Both directions of Mack Drive from its intersection with Double Oak Street to the Page 2 of 9 S:\Our Docaments\Or dinances\02~2002 School Zone AddroCode.doc intersection of Paisley Street and Mack Drive. 7. McNair Elementary Both directions of Hickory Creek Road beginning 765 feet west of where Hickory Creek Road intersects the center line of Montecito Drive to 430 feet east of where Hickory Creek Road intersects the center line of Montecito Drive. Both directions of Montecito Drive from its intersection with Hickory Creek Road south for 682 feet. Page 3 of 9 S:\Our Docmments\Ordinances\02~2002School Zone AddroCode.doc 8. Evers Elementary Both directions of Evers Parkway beginning 305 feet south of where Evers Parkway intersects the center line of Gardenview Street to 50 feet south of where Evers Parkway intersects the center line of Robbie-O Street. Both directions of Cobblestone Row from its htersection with Evers Parkway to 170 feet east of where Cobblestone Row intersects the center line of Ashcroft Lane. Sullivan Keller Elementary Both directions of Wood Street beginning 230 feet south of where Wood Street intersects the center line of Davis Street to 300 feet north of where Wood Street intersects the center line of Davis Street. Both directions of Ruddell Street beginning 230 feet south of where Ruddell Street intersects the center line of Davis Street to 300 feet north of where Rudtell Street intersects the center line of Davis Street. Both directions of Davis Street from its intersection with Wood Street to the intersection of Ruddell Street and Davis Street. 10. Fred Moore Center Both directions of Mill Street beginning 150 l~et west of where Mill Street intersects the center line of Cross Timber Street to 100 feet west of where Mill Street intersects the center line of Wye Street. Both directions of Wye Street beginning 150 feet west of where Wye Street intersects the center line of Cross Timber Street to the intersection of Mill Street and Wye Street. Both directions of Cross Timber Street from its intersection with Wye Street to the intersection of Mill Street and Cross Timber Street. 11. Tomas Rivera Elementary Both directions of Newton Street beginning 200 feet north of where Newton Street intersects the center line of Morse Street to 225 feet north of where Newton Street intersects with the center line of Wilson Street. 12. Wayne Ryan Elementary School Both directions on Ryan Road beginning 500 feet west of the intersection of Creekdale Drive and Ryan Road and continuing east for 2071 feet to a point 500 feet east of the intersection of Forrestridge Drive and Ryan Road. Page 4 of 9 S:\Our Docmments\Or dinances\02~2002 School Zone AddroCode.doc B. That the time periods for reduced speeds for school zones described below shall be from 7:30 a.m. until 8:30 a.m. and from 3:00 p.m. until 4:00 p.m. on school days. The location of school zones described below shall be as follows, to-wit: 1. Strickland Middle School Both directions of Windsor Drive beginning 560 feet east of where Windsor drive imersects the center line of Locust Street to 225 feet east of where Windsor Drive intersects the center line of Bell Avenue. Both directions of Bell Avenue from its intersection with Driftwood ~ail to the intersection of Windsor Drive and Bell Avenue. 2. Calhoun Middle School Both directions of Congress Street from 130 feet west of where Congress Street intersects with the center line of Mounts Street to 200 feet east of where Congress Streetintersects with the center line of Denton Street. Both directions of Denton Street from its intersection with Congress Street to 100 feet south of where Denton Street intersects with the center line of Pearl Street. Both directions of Mounts Street from its intersection with Congress Street to 190 feet south of where Mounts Street intersects with the center line of Anderson Street. 3. McMath Middle School Both directions on Londonderry Lane from the its intersection with Teasley Lane to one hundred feet east of its intersection with Sam Bass Boulevard. C. That the time periods for reduced speeds for school zones described below shall be from 7:30 a.m. until 8:30 a.m. and from 3:00 p.m. until 4:00 p.m. on school days. The location of school zones described below shall be as follows, to-wit: 1. Ryan High School Both directions of McKinney Street beginning 500 feet west of where McKinney Street imersects with the cemer line of the high school driveway to 525 feet east of where McKinney Street intersects with the cemer line of the high school driveway. 2. DeNon High School Both directions of Crescent Street beginning 250 feet east of where Crescent Street intersects the center line of Bryan Street to 150 feet east of where Crescent Street intersects with the center line of Fulton Street. Page 5 of 9 S:\Our Docmments\Ordinances\02~2002School Zone AddroCode.doc Both directions of Bryan Street beginning 250 f~et south of where Bryan Street intersects the center line of Crescent Street to 150 feet north of where Bryan Street intersects the center line of Linden Street. Both directions of Fulton Street beginning 150 feet north of where Fulton Street intersectsthe center line of Crescent Street to 50 feet north of where Fulton Street intersects the center line of Linden Street. D. That the time periods for reduced speeds for school zones described below shall be from 7:30 a.m. until 9:00 a.m. and from 3:00 lam. until 4:30 p.m. on school days. The location of school zones described below shall be as follows, to-wit: 1. Liberty Christian School Both directions of Bonnie Brae from 500 feet north of where Bonnie Brae intersects the center line of Willowood to 1820 feet north of where Bonnie Brae intersects the center line of Willowood. E. That the time periods for the reduced speeds for the school zones described below shall be from 7:00 a.m. until 9:00 a.m. and from 2:00 p.m. until 4:00 p.m. on school days The location of school zones described below shall be as follows, tc~wit: 1. Immaculate Conception Catholic School Both directions of Bolivar Street from its intersection with Second Street to its intersection with Third Street. ~. That based upon an Engineering and Transportation Department investigation heretofore made, as authorized by the provisions of Section 545.357 of the Transportation Code, V.T.C.A., the prima facie speed limit of twentyfive (25) miles per hour for vehicles is hereby determined and declared to be prima facie reasonable and safe, and such speed limit is hereby fixed for vehicles traveling within the following school zones. A. That the time periods for the reduced speeds for the school zones described below hall be from 7:30 a.m. until 8.30 a.m. and from 2:30 p.m. until 3:30 p.m. on school days. The location of school zones described below shall be as follows, tc~wit: 1. Sam Houston Elementary Both directions of Teasley Lane beginning 325 feet east of wh~re Teasley Lane intersects the center line of Pennsylvania Drive to 365 feet west of where Teasley Lane intersects the center line of Lillian Miller. Page 6 of 9 S:\Our Docmments\Ordinances\02~2002School Zone AddroCode.doc ~. That based upon an Engineering and Transportation Department investigation heretofore made, as authorized by the provisions of Section 545.357 of the Transportation Code, V.T.C.A., the prima facie speed limit of thirtyfive (35) miles per hour for vehicles is hereby determined and declared to be prima facie reasonable and safe, and such sped limit is hereby fixed for vehicles traveling within the following described school zones. A. That the time periods for the reduced speeds for the school zones described below shall be from 7:30 a.m. until 9:00 a.m. and from 3:00 p.m. until 4:30 p.m. m school days. The location of school zones described below shall be as follows, tc~wit: 1. The Selwyn School Both directions of West Highway 380 from 450 feet east of where West Highway 380 intersects the center line of Marshall Drive to 1200 feet west of where West Highway 380 intersects the center line of Mesa Drive. SeefimtAlt=213_-. When signs are erected giving notice thereof, an individual adjudged guilty of exceeding the herein defined speed limits shall be guilty of a misdemeanor, and punishedby a fine not to exceed Two Hundred Dollars ($200.00). ~. The location of School Bus Loading Zones for the following schools shall be as follows, to-wit: 1. Borman Elementary The southernmost lane of Parvin Street beginning where Parvin Street intersects the east curbline of McCormick Street to where Parvin Street intersects the west curbline of Mercedes Road. 2. Ginnings Elementary The southernmost lane of Sun Valley Drive beginning where Sun Valley Drive intersects the east curbline of Stuart Road to where Sun Valley Drive intersects the west curbline of Yellowstone Place. 3. McNair Elementary The westernmost lane of Montecito Drive beginning 287 feet south of where Montecito Drive intersects the south curbline of Hickory Creek Rind to 407 feet south of where Montecito Drive intersects the south curbline of Hickory Creek Road. Page 7 of 9 S:\Our Docaments\Or dinances\02~2002 School Zone AddroCode.doc 4. Sullivan Keller Elememary The northernmost lane of Davis Street beginning where Davis Street intersects the west curbline of Ruddell Street to 180 feet west of where Davis Street intersects the west curbline of Ruddell Street. 5. Strickland Middle School The southernmost lane of Windsor Drive beginning where Windsor Drive intersects the west curbline of Bell Avenue to 900 feet west of where Windsor Dive intersects the west curbline of Bell Avenue. 6. Calhoun Middle School The westernmost lane of Denton Street from 196 feet south of where Denton Street intersects the south curbline of Congress Street to 640 feet south of where Denton Street intersets the south curbline of Congress Street. Seelillll~aYm?,~4-. When signs are erected giving notice thereof, it shall be unlawful for any person to operate or park a motor vehicle other than a school bus in a herein described School Bus Loading Zone. An individual adjudged guilty of the provision of this section shall be guilty of a misdemeanor and punished by a fine not to exceed Two Hundred Dollars ($200.00). SECTlON 2. That this ordinance shall be cumulative of all other ordinances of the City of Denton defining school zones and school bus loading zones and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 3. That if in any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of theremaining portions of this ordinance, and the City Council of the City of Demon, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 4. That this ordinance shall become effective fourteen (14) daysfrom the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Demon Record-Chronicle, the official newspaper of the City of Demon, Texas, within ten (10) days of the date olios passage. PASSED AND APPROVED this the __ day of ,2002. EULINE BROCK, MAYOR Page 8 of 9 S:\Our Docmments\Or dinances\02~002 School Zone AddroCode.doc ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 9 of 9 Minutes Traffic Safety Commission September 9, 2002 PRESENT: Connie Baker, Silvia Lesko, Harry Phillips, Geof Bissell, Lelia Howell, Murray Ricks, and Chairman Barry Walters STAFF: David Salmon, Staff Liaison Bernard Vokoun, Traffic Engineer Pat Killebrew, Secretary Chairman Walters called the meeting to order at 5:30 PM. NOTE: Murray Ricks entered the meeting at 5:33 PM. ITEM #1: REVIEW AND CONSIDER APROVAL OF JULY 8, 2002 MINUTES. Phillips made a motion to approve the minutes. Lesko seconded the motion. The motion passed unanimously. Chairman Walters asked the new members to introduce themselves. Connie Baker introduced himself and said he works for Denton County as the Recycling Coordinator. Lelia Howell introduced herself. She is a substitute for the Denton Independent School District, and a member of Lee Elementary PTA. Traffic Safety Commission - September 9, 2002 Minutes ITEM #9: REVIEW AND CONSIDER A REQUEST FROM THE DENTON INDEPENDENT SCHOOL DISTRICT (DISD) TO CHANGE THE PM SCHOOL ZONE TIMES FROM 3:30-4:30 TO 3:00-4:00 FOR CALHOUN, STRICKLAND, AND MCMATH MIDDLE SCHOOLS. Vokoun said staff had been recently notified that DISD middle schools' dismissal time had been changed to 3:15 PM. The current times posted on the school zone signs is from 3:30-4:30 PM. These times do not effectively protect the schools' new dismissal time. Staff recommends the 20 MPH PM school time be from 3:00-4:00 PM for Calhoun, Strickland, and McMath Middle Schools and that the applicable ordinance be chanqed accordinqly. Lesko made a motion to change the school zone PM time from 3:00-4:00 PM for Calhoun, Strickland, and McMath Middle Schools and that the applicable ordinance be changed accordingly. Howell seconded the motion. The motion passed unanimously. ITEM #10: GENERAL BUSINESS: Salmon reminded the Commission that approval of loading zones would be brought to the next meeting. Walters asked if there was any more old or new business. There was none. Phillips made a motion to adjourn. Bissell seconded the motion. The meeting adjourned at 6:42 PM. DRAFT This page left blank intemionally. Agenda 02-031 09/17/02 #39 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: September 17, 2002 Economic Development Dave Hill, 349-8314 SUBJECT: CONSIDER ADOPTION OF AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH TIP STRATEGIES, INC. TO PROVIDE CONSULTING SERVICES FOR A DENTON ECONOMIC DEVELOPMENT STRATEGIC ACTION PLAN; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND: Tom Stellman and Jon Roberts of TIP Strategies, Inc. facilitated an economic development retreat for City Council and other invited guests in November 2001. You will remember that the retreat followed the Denton Tomorrow symposium held at the Gateway Center at UNT. The discussion at the November retreat centered around Denton as the "third city" in our region - a center for employment, education, retail, healthcare, sports, arts, and recreation. Those attending the retreat identified several qualities and characteristics that Denton must possess if we can credibly claim the status of "third city." TIP Strategies conducted further background research on Denton and Denton County, and continued to work with a community task force. In addition to meeting several times with the task force, TIP held individual interviews with key stakeholders in Denton (Chamber of Commerce, University of North Texas, Texas Woman's University, North Central Texas College, Denton County, Denton lSD, healthcare and arts community representatives), to determine if our concept and vision would be embraced by the As a result of their work, TIP recommends that Denton move forward to develop an action plan for economic development. The attached contract enlists the services of TIP Strategies to continue their work in Denton by providing the following: · Conduct additional demographic and industry research and analysis and review our Comprehensive Plan and Capital Improvements Plan. · Prepare a set of specific projects/initiatives to be evaluated. · Work with community task forces to prepare implementation plans for three identified projects/initiatives. · Review current program in Denton and those of similar cities to provide organizational recommendations. Additional information regarding the services in the contract is provided in the attached Proposal for the Denton Economic Development Parmership. Ultimately, TIP's work will result in a detailed analysis of Denton's existing economic condition, benchmarking against other successful cities, a strategic plan that will address quality of life and business and industry issues, and detailed implementation plans for at least three key projects. OPTIONS: 1. Approve the ordinance and contract as written. 2. Approve the ordinance and contract with amendments. 3. Deny approval of the ordinance and contract. RECOMMENDATION: Staff recommends approval of the contract. ESTIMATED PROJECT SCHEDULE: TIP Strategies, Inc. would complete their commitment under approximately six to nine months. this contract in PRIOR ACTION/REVIEW: The Chamber of Commerce Executive Board has reviewed the proposal and also recommends approval. FISCAL INFORMATION: Although the contract is for $100,000, the City's commitment will be much less. The Chamber of Commerce will contribute a minimum of $25,000. Also, the University of North Texas, Texas Woman's University, North Central Texas College, DISD and Denton County have been contacted. Many have indicated an interest in participating and Financially supporting this project. The exact amount of the City's commitment has not yet been determined. ATTACHMENTS: Ordinance Contract Respectfully submitted: Linda Ratliff Director of Economic Development S 5Our DocumentskOrdina2~cesk02kProfessional Services TIP Development.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH TIP STRATEGIES, INC. TO PROVIDE CONSULTING SERVICES FOR A DENTON ECONOMIC DEVELOPMENT STRATEGIC ACTION PLAN; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: WHEREAS, The professional services provider, TIP Developmem Strategies, Inc. (the "Provider) is being selected as the mos t highly qualified on the basis of its demonstrated competence and qualifications to perform the proposed professional services; and WHEREAS, The fees under the proposed contract are fair and reasonable and are consistent with and not higher than the recommended practices and fees published by the professional associations applicable to the Provider's profession and such fees do not exceed the maximum provided by law; NOW, THEREFORE, SECTION 1. The City Manager, or his designee, is hereby authorize d to enter into a professional service agreement with the Provider to provide professional services for a Demon Economic Development Strategic Action Plan in substantially the same form as the agreement attached hereto and incorporated by reference herein (the "Agreemem"). The City Manager, or his designee, is authorized to exercise the City's rights, responsibilities and duties under the Agreemem. SECTION 2. The City Manager, or his designee, is authorized to expend funds as required by the Agreement. SECTION 3. The findings in the preamble of this ordinance are incorporated herein by reference. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ., 2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: PROFESSIONAL SERVICES AGREEMENT FOR ECONOMIC DEVELOPMENT STRATEGIC ACTION PLAN STATE OF TEXAS COUNTY OF DENTON § THIS AGREEMENT is made and entered into as of the date set forth below, by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "OWNER" and TIP Development Strategies, Inc., a Texas Corporation hereinafter, whether one or more, called "CONSULTANT," acting herein, by and through their duly authorized representatives. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE I EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with the CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated below, with diligence and in accordance with the highest professional standards customarily obtained for such services in the State of Texas. The professional services set out herein are in connection with the following described project: The Project shall include, without limitation those services described in Exhibit "A. ARTICLE II SCOPE OF SERVICES The CONSULTANT shall perform the services set forth in the Proposal in a professional manner. If there is any conflict between the terms of this Agreement and the Proposal, the terms and conditions of this Agreement will control over the terms and conditions of the Proposal. ARTICLE III PERIOD OF SERVICE This Agreement shall become effective upon execution of this Agreement by the OWNER and the CONSULTANT and upon issuance of a notice to proceed by the OWNER, and shall remain in force for the period which may reasonably be required for the completion of the Project and any required extensions approved by the OWNER. This Agreement may be sooner terminated in accordance with the provisions hereof. Time is of the essence in this Agreement. The CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule established by the OWNER, acting through its City Manager or his designee. \\SAMBA\tip\Consulting Project Doeuments~Denton Strategi&Denton Strategic Plan Contract,doc ARTICLE IV COMPENSATION COMPENSATION TERMS: CONSULTANT shall be compensated in the amount of $100,000.00 for the Project (the "Fee"). The Fee will be paid by OWNER to CONSULTANT as follows: 1.) $25,000.00 upon completion of a portion of the Project within t5 days after the execution of this Agreement; 2.) $25,000.00 upon delivery of the draft assessment; 3.) $25,000.00 upon delivery of the draft implementation plan; 4.) $25,000.00 upon completion of the Project. In the event of an early termination as provided for in Article X, CONSULTANT will be compensated for services satisfactorily completed to date of termination at the rate of $150.00 per hour, not to exceed the Fee. Nothing contained in this Article shall require the OWNER to pay for any work which is unsatisfactory, as reasonably determined by the City Manager or his designee, or which is not submitted in compliance with the terms of this Agreement. The OWNER shall not be required to make any payments to the CONSULTANT when the CONSULTANT is in default under this Agreement. It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the OWNER for any charge, expense, or reimbursement above the maximum not to exceed the Fee as stated, without first having obtained written authorization from the OWNER. TRAVEL EXPENSES: OWNER will reimburse CONSULTANT for its out of pocket travel expenses, not to exceed a total of $5000.00. CONSULTANT shall provide OWNER with receipts or other documentation supporting and justifying such travel expenses. ARTICLE V OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and shall become the property of the OWNER upon the termination of this Agreement. The CONSULTANT is entitled to retain copies of all such documents. The documents prepared and furnished by the CONSULTANT are intended only to be applicable to this Project, and OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense. In the event the OWNER uses any of the information or materials developed pursuant to this Agreement in another project or for other purposes than specified herein, CONSULTANT is released from any and all liability relating to their use in that project. Page 2 ARTICLE VI 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 VII 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 liability, 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 injury, death and property damage, resulting from the negligent acts or omissions of the CONSULTANT or its officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement. Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE VIII iNSURANCE During 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 Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 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. 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 with property damage limits of not less than $100,000 for each accident. Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $100,000 for each accident. The CONSULTANT shall furnish insurance certificates 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 policies, and shall contain a provision that Page 3 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 policies furnishing the same coverage. ARTICLE IX ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute 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, involving one party's disagreement, may include the other party to the disagreement without the other's approval. ARTICLE X TERMINATION OF AGREEMENT Notwithstanding any other provision of this Agreement, either party may terminate by giving thirty (30) days' advance written notice to the other party. Bo This Agreement may be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Agreement. No such termination will be affected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying 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 prior to termination. Co If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services and shall render a final bill for services to the OWNER within thirty (30) days after the date of termination. The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed and for reimbursable travel expenses to termination incurred prior to the date of termination, in accordance with Article IV "Compensation." Should the OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information. The CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination, but may maintain copies of such documents for its use° ARTICLE XI RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the OWNER shall not constitute, nor be deemed a release of the responsibility and liability of the CONSULTANT, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the Page 4 OWNER for any defect in the design or other work prepared by the CONSULTANT, its employees, subcontractors, agents, and consultants. ARTICLE XIII NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered, sent by fax or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as of three (3) days after mailing: To CONSULTANT: To OWNER: TIP Development Strategies, Inc. 6836 Austin Center Blvd. Suite 140 Austin, Texas 78731 Fax No.512-343-9190 City of Denton Michael Conduff, City Manager 215 East McKinney Denton, Texas 76201 Fax No. 940-349-8596 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days after mailing. ARTICLE XIII ENTIRE AGREEMENT This Agreement and attached exhibits, constitutes the complete and final expression of the agreement of the parties, 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, communications, and agreements which may have been made in connection with the subject matter hereof. ARTICLE XIV SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. Page 5 w08D>a!B×- ™µ©Ë.S[\QEÈJ Ztxèl™w[‹Ê,ÂD¡à"cdlóÉÇ(|uyæJ,xyhj9gì$¤Õ°t1Ä$â|}1wtutcp}ÝßŒ‹ž‹šÓßž‘›ß“¼iö;aÇ|I4Ô}~jJt}It¤wðaãDb,]MzàìX_ìò¸Qfò'û0BRRNKAC@N›1e>Ý·—:±ÒqÞœLrä3£ââ]úËŠé%íúÑFÓ@àZôž†ñôôÿõîíÿ AÆã:úÔŠ8\»7ƒ GWôü*c_´~4à¬ËòõßßokEjmè›Ñ( 0^Ò+0ŽˆC_ÌØtXÎJ@×À‘Ž›}…½˜{Œ˜c(cÙPÂ‘ˆ—P’….ÕÑèHZÏJ«SYÄž‹x5ÈœšŒßšŽŠ–Õ`æ²Ugç`ôì€¡n{·®VÒ#¼mŠÁSJ>ˆëÁ^kåŽE1%‘b¶[F\0‚aF1^Ÿ‘ôÏ`ogOLÛ¥™0ßøèŽÐtšßžŒ–Œß™ßžs9ÞÞœp’Öoûƒ¨óøû¶Lw‚©í‹ù¸%(Oì]§Œ&BØŸHW$®|ß‘ä¦Œ‹bM·ô¡cS#¹ÓKE¿àSGà HEÍ€£O$ €]^È,{¡T7YQ'‰m5&Kq¬°±º³òõòõ«—šß¼°±¬ª³+¼¾/ßJ9C®†;=µ<é`Šø±¤¬G¿Ðq$oqK5ö4ˆ`!S7óå$Áå`{„0¤yGFHàØPU ¢tŽãÁ^Hüûë}±OTŽ}Î‡šå0-wö/C5éãZ£2$ìŒžÌsæy«j—¡2¿ÈlW|£õm â$bAkøÅg-ä áo¦‰y@!Ò`VÏ¦ƒhB÷H¦—ac& ½G;ö ¬~,Q#h yCN=8Úæšë_fÞ™™–œšŒß™Óßß—ž‰šßž‘†ßœ ®ð#“{¸6™ô‹ƒkëë2Ðª„©Ø·¾ŠlËÀêB<HYSEˆYvöðlôïÀ)8Ë©ŒN ò×…a/Š´“®¦—5ÿœO‘‘|m¢7~è†P•q*˜S&Co¦l›Sçð~¬ötÜ´`nž-Àpã€ÂJÐ‡4³Rm¦po6+"²J²~$ra‰ÝÅÞ)tÈ·’uÜo›èñ`ß–¹ƒ?8§R—½LqÌ;F´ÉôlÕ¶¤Ð…µ}„à]8€u ªÖ°âó®±pn”†I4e )ëñ˜Z¬ÿµ-™vp›¬`†ß‹—šß¼°±¬ª³«¾±«ßßŠ‘›šß–{ à2òi‰s¶¸bc!&¾a8n{ôŒ±¹'gÚõèG];"Lbr{9¿¬ƒÐ°CBt¬c¡E°c®ö£˜ÿ¸A´›£›ãgQæ·1— ŒØX ‡.âž‘‘˜¬|°Èçah*ƒŠŽ©ô4IùáU×ßnQ .“”™â,ß/›ˆŒß‹ßš™’ßŒŠœ—ßŒš‰–œšŒÏ2þrqY¬1[2]\Ûª¶6óó*7Œ†®T˜VHnÐ6ü¶8Nªòk÷¢Þß_É_—¶ájªô3f§ N¦t—Žsr^¿ÎóÞžÌ‡váP„ŒO©Oª°{Šö8/’ËÚ·|”<x˜õ‘©Ž‹«_ÐˆÕ¹òïwcÛ/¿{òõ«S|ùØø$l°]2í•LHCñv¯8Q">çRÉ¹‹ß×ˆ—š‹—šß†ßžŒŒ–˜‘’š‘‹Óß‘‰ž‹·‘Ò›…y|ª•L¯6ŒÁÛ>I”tB ý}š™VSF‰»‹ŠšµpÜÚÏ„š-‹3!AŒK”(ñ"¼U;OÔ3v>º«V½|qœß7±aF "WÆ·ÁÎæ5ŠÍ9ðÉÞ_èTÝqZ'Uš5p–~›ßß’›–™–œž‹–‘ß™ß‹—–Œß¾˜š•®Äœ_ÈÎc¬øÀ”_œ—›±›ék*Ët<T,(ÂD8%ÎÕrªÜQ@{â¾¼Ã^pEzå^B¼Q;paç,òIF¨gÞOˆ–ÜÌMügb/¿ÜCTÀeÏVÓ’ÿIíaö,Q~VbzYF1¾ÈT¢@;°{î§±ªBQ*Ru2:S4 X©B¶ul‹xa|þgF Ì’{”Ô,/ßš‰–›š‘œšß™ßž‘†ßˆž–‰šß_®O1¡9” Ú@kdã`'°ƒ¤ptÂ€F"èì®ËcJ{W†õE v¢TrN`z5s½B?÷Ñ7|óÌo$¥ùk¬"Iñoåbe§õU qäO|yi´D°6-!7äÉ4M¶¿PáH8jE$îObQìÃ"ahFøâËIÃ,Rjó}IvF(ºäµ¦kmaUlA(c³0ÖÛê opex~b1~w1eyt13QzxêECð 2g6èm¤wg¢NF€êdcjñ›z|«ZÅ{vØï¡(c@ä + -"-'%0=+*d•Œß–‘òõˆ–7 ¯e£mëL¤T]Ùù0yitrdetu*1pßFVJAÂ ~v¥5ç]È6ˆz7™Zsó¥*gÒ¢-p "Lnm¹”è Ä »¹i›ßµ2Ü¾Uý7UVýaÁT5}Š¨è/òÛc‚:ï™B€Fÿ&äi¹¡ózn}'h¼aNüdî2ïLtIo3?“¤]y:Ì£¬—ó ARTICLE XX MISCELLANEOUS mo CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the CONSULTANT involving transactions relating to this Agreement. CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct audits in compliance with this section. OWNER shall give CONSULTANT reasonable advance notice of intended audits. This Agreement is fully performable in Denton County, Texas. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. For the purpose of this Agreement, the key persons who will perform most of the work hereunder shall be Tom Stellman and Jon Roberts. However, nothing herein shall limit CONSULTANT from using other qualified and competent members of its firm to perform the services required herein. Do CONSULTANT shall commence, carry on, and complete Project with all applicable dispatch, in a sound, economical, and efficient manner and in accordance with the provisions hereof. In accomplishing the Project, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by the OWNER, The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project, and arranging for the access thereto, and make all provisions for the CONSULTANT to enter in or upon public and private property as required for the CONSULTANT to perform services under this Agreement. The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement. IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and CONSULTANT has executed this Agreement through its duly authorized undersigned officer on this the day of , 2002. CITY OF DENTON, TEXAS MICHAEL A. CONDUFF, CITY MANAGER Page 7 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: "~' ~//" ~' .~TTORNEY HERB~TY, BY: ' '~ ~/'~'"~~,,/ TIP DEVELOPMENT STRATEG~,S, INC. By: ~om Stellm~e~ident Page 8 Exhibit A - Scope of Work 1. Assessment - TIP staff will review all economic development work completed to date, conduct additional demographic and industry research and analysis, review the city's comprehensive plan and capital improvement plan, and conduct additional interviews with local stakeholders. The consulting team will rely on city staff to assist in reviewing the following information: · Population trends and forecasts · Inventory of available lands · Business climate data (utility, real estate, and tax rates) · Industry cluster data (location quotients, general supplier and customer linkages for Denton county and DFW metroplex) Information on specific projects or initiatives (e.g., downtown, UNT Texas Instruments facility, airport, DART, potential business park sites) This step will also include profiles of up to three competitor communities. (List of communities and/or organizations to be recommended by consultant and agreed upon by the project steering committee.) The purpose of this benchmarking will be to identify best practices for projects similar to those in Denton. Based on the findings of this work, TIP will prepare a draft assessment document to be used as a framework for strategic discussions to be conducted in step 2. 2. Identification and Evaluation of Strategies - Upon completion of the assessment, TIP will prepare a set of specific projects/initiatives to be evaluated. These opportunities will include, but not be limited to the following: Denton technology business park · Leveraging the UNT-Texas Instruments facility · Downtown development · Airport · DART · Image and marketing Additional projects/initiatives will be added to the list above based on input from the steering committee. The method for picking these specific initiatives will be to evaluate each in terms of feasibility, desirability, and economic impact. 3. Implementation Plan Development for Top Strategies - Upon selection of the top opportunities for Denton, the consulting team will prepare detailed implementation plans for each. The elements of the implementation plans will include: * Specific actions required · Responsible parties Page 9 Timeline with milestones · Budget · Potential funding sources and necessary tools · Measures of success In order to complete this step, TIP will assist the city in forming task forces to help develop the implementation plans for each of the top projects or initiatives identified. Participation in these task forces will include local stakeholders (e.g., land owners, brokers, public officials, private business owners, and interested citizens), as well as topical experts. These experts might include a representative from TXDOT, the tollway authority, developers, and others. 4. Organizational Recommendations - Based on the action items and responsible parties outlined in the implementation plan, a review of the current programs in Denton, and a review of successful programs in similar cities, TIP will recommend a structure for carrying out economic development initiatives in the community. Deliverables: The following items will be provided as written or electronic deliverables: Assessment Report - The consulting team will draft and produce an assessment document to be used as the framework for identification of strategies and the implementation plan. Implementation Plan Document - TIP will draft and produce an implementation plan to serve as the roadmap for economic development for Denton. Plan Presentations - TIP will prepare a PowerPoint presentation and make one final presentation to the committee and one final presentation at a community event. Page 10 Agenda 02-031 09/17/02 #40 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: September 17, 2002 Electric Utility Howard Martin, 349-8232 SUBjECT: Consider approval of an ordinance of the City of Denton, Texas, authorizing the City Manager to pay the City's annual dues to the Texas Public Power Association; authorizing the expenditure of funds therefor; providing an effective date. BACKGROUND: TPPA is an association of Texas municipal electric utilities, co-operatives, and the Lower Colorado River Authority. City Manager Mike Conduff serves as Denton's representative on the TPPA Board. RECOMMENDATIONS: Approve payment of the TPPA annual dues. PRIOR ACTION/REVIEW (Council~ B..o..a. rds~ Commission): The Public Utilities Board approved payment of the TPPA dues at their August 19t~ meeting by a vote of four to zero with three members absent. FISCAL INFORMATION: The cost of TPPA annual dues is $27,448.00. EXHIBITS t. Ordinance Respectfully submitted: Howard Martin Assistant City Manager for Utilities ORDINANCE NO. 2002- AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO PAY THE CITY'S ANNUAL DUES TO THE TEXAS PUBLIC POWER ASSOCIATION; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has considered and approved the payment of the City of Denton, Texas annual dues, now due and owing, to the Texas Public Power Association ("TPPA"), an association of municipal electric utilities and cooperatives in the State of Texas, in the mount of $27,448 in order to maintain membership in the organization; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Manager is hereby authorized to pay the sum of $27,448 directly to the Texas Public Power Association, for annual dues for the current accounting period. SECTION 2. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 2002. day of ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: &\Our Documents\Ordinances~02\TPPA 2002 Dues ord.doc EXHIBIT' I Agenda 02-031 09/17/02 #41 AGENDA INFORMATION SHEET AGENDA DATE: September 17, 2002 DEPARTMENT: Electric Utility __~! ACM: Howard Martin, 349-8232 ~ SUBJECT Consider approval of a Professional Services Agreement with Lloyd, Gosselink, Blevins, Rochelle, Baldwin & Townsend, P.C. for legal services required to file Denton Municipal Electric's (DME) updated Transmission Cost of Service (TCOS) in an amount not to exceed $35,000. BACKGROUND In 1996, as a result of action required by the Texas Legislature, the Public Utility Commission of Texas (PUCT) established a statewide transmission system. All electric utilities in Texas (including municipal utilities) were required to pay for transmission they used and recover their investment in transmission they had built through a PUCT dictated methodology. In order to recover Denton Municipal Electric's transmission investment, DME must file its cost data with the PUCT and receive a ruling fi.om the PUCT establishing a DME transmission rate. This filing is refered to as a Transmission Cost of Service (TCOS) filing. DME is also required to file a transmission Earnings Report on June 1 of each year. DME made its first TCOS filing in 1996. Since that time additions have been made to the DME transmission system and the PUCT has established new filing options that have the potential of providing DME with a higher return on its investment. R. J. Covington Consulting (RJC) has completed a new filing package for DME and that package has been filed with the PUCT. The subject contract is to cover the expenses that will be incurred in the legal administration of the filing. $35,000 is the best estimate that can be made at this point in the process. If there are a number of aggressive interveners in the filing, the cost may go up. If there are few questions, the cost could be less. It is customary to recover the costs associated with preparing a filing as part of the rate granted by the PUC. Our filing has requested cost recovery of expenses related to preparation and filing of this TCOS case. RECOMMENDATIONS DME recommends approval of the contract. ESTIMATED SCHEDULE OF PROJECT By statute, resolution of the filing can take no longer than 180 days. The process could be quicker depending on the PUCT workload and the number of issues raised by PUCT staffor FISCAL INFORMATION Cost not to exceed $35,000. EXHIBITS 1. Ordinance 2. Agreement Respectfully submitted: Sharon Mays Director of Electric Utilities ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS ALrrHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL LEGAL SERVICES WITH LLOYD, GOSSELINK, BLEVINS, ROCHELLE, BALDWIN & TOWNSEND, P.C., FOR LEGAL SERVICES PERTAINING TO REPRESENTATION OF THE CITY BEFORE THE PUBLIC UTILITY COMMISSION OF TEXAS, IN THE AREAS OF PUBLIC UTILITY REGULATORY LAW AND AD~STRATIVE LAW, RESPECTING THE PROTECTION OF THE CITY'S INTERESTS IN ITS APPLICATION TO CHANGE DENTON MUNICIPAL ELECTRIC'S RATES FOR WHOLESALE TRANSMISSION SERVICE; AUTHOKIZING THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING FOR RETROACTIVE EFFECT OF THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deems that it is in the public interest to engage the law firm of Lloyd, Gosselink, Blevins, Rochelle, Baldwin & Townsend, P.C., of Austin, Texas (the "Firm") to provide professional legal services to the City of Denton, Texas ("City") pertaining to representation of the City and Denton Municipal Electric ("DME") before the Public Utility Commission of Texas ("PUC") in the areas of public utilities regulatory law and administrative law, respecting the application of DME to change its rates for wholesale transmission service; and WHEREAS, the City staff has reported to the City Council that there is a substantial, need for the above-referenced professional legal services, and that limited City staff cannot adequately perform the specialized services and tasks which are primarily centered in Austin, Texas, with its own personnel; and WHEREAS, the City has heretofore engaged the Firm by numerous previous Agreements for Professional Legal Services to perform similar services to those services provided for in the Agreement for Professional Legal Services attached hereto. Further, that the Finn has performed and provided legal services benefiting the City under the most recent Agreement which became effective in the year 2001, on a continuous and uninterrupted basis, in order to safeguard and represent the interests of the City and DME before the PUC, in dealing with sudden, largely unpredictable events and developments, and with administrative deadlines that many times require immediate attention or response. Accordingly, it is appropriate that the new Agreement for Professional Legal Services by and between the City and the Firm attached hereto, should be ratified and confirmed, and should be retroactively approved and made effective as of August 1, 2002, in order to properly compensate the Firm for its work that has already directly benefited the City, and which work was done at the specific instance and request of the City; and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act", generally provides that a City may not select a provider of professional services on the basis of competitive bids, but must select the provider on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price; and the Council hereby finds and concludes that the Firm is appropriately qualified under the provisions of that law to be retained as outside legal counsel for the City and DME respecting this engagement; NOW THEREFORE, EXHIBIT I THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I: That the recitations set forth and contained in the foregoing preamble are expressly incorporated by reference into this Ordinance. SECTION2: That the City Manager is hereby authorized to execute an Agreement for Professional Legal Services by and between the City and the law firm of Lloyd, Gosselink: Blevins, Rochelle, Baldwin & Townsend, P.C., of Austin, Texas, in substantially the form of the Agreement for Professional Legal Services attached hereto and incorporated herewith by reference. SECTION 3: That the award of this Agreement by the City is on the basis of the demonstrated competence, knowledge, and qualifications of the Firm and the ability of the Firm to perform the services needed by the City for a fair and reasonable price. SECTION 4: That the expenditure of funds as provided in the attached Agreement for Professional Legal Services is hereby authorized. SECTION 5: That the above and foregoing Agreement for Professional Legal Services is hereby ratified, confirmed, and retroactively approved, and shall be effective ~om and after August 1, 2002. SECTION6: That except as otherwise provided in Section 5 above, this Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY S:\Our Documeals\Ontinances~02~Lloyd Gosselink PUC 2002 TCOS ord.do~ STATE OF TEXAS - § COUNTY OF DENTON § AGREEMENT FOR PROFESSIONAL LEGAL SERVICES THIS AGREEMENT, made and entered into tiffs ~ day of ~ 2002, by and between LLOYD, GOSSELINK, BLEVINS, ROCHELLE, BALDWIN & TOWNSEND, P.C., a Texas Professional Corporation (hereinafter "Consultant"), with Lambeth Townsend, Shareholder, having full authority to execute this Agreement on behalf of the firm, ii1 Congress Avenue, Suite 1800, Austin, Texas, 78701; and the CITY OF DENTON, a Texas Municipal Corporation, 215 E. McKinney, Denton, Texas 75201 (hereinafter "City"), with Michael Conduff, City Manager, having full authority to execute this Agreement on behalf of the City. WITNESSETH: WHEREAS, the City deems it necessary and in the public interest to employ legal counsel to provide professional legal services with respect to protection of the City's interests in its application to change City's rotes for wholesale tran._nnission service ("'rcos Rates'') to be filed with the Public Utility Commission of Texas ("PUC"); and WHEREAS, the Consultant is willing to perform such services in a professional manner as an independent contractor, and has competently and efficiently performed similar services for the City in City's 1996 application to establish City's TCOS Rates, which was PUC Docket No. 15767, and in numerous other matters before the PUC over the past several years; and the City has selected Consultant on the basis of demonstrated competence and qualifications necessary to perform the needed services; and WHEREAS, the City desires to engage the Consultant to render the professional services in connection therewith, for a fair and reasonable price; consistent with, and for a fee not higher than the recommended practices and fees published by the applicable professional associations; and such fees do not exceed any maximum provided by law; all in accordance with the provisions of Chapter 2254 of the Texas Government Code (the "Professional Services Procurement Act"); and the Consultant is willing to provide such services; NOW, THEREFORE, in consideration of the promises and mutual obligations herein, the City and Consultant do hereby mutually AGREE as follows, to wit: 106018kDenton Agreem~t Page 1 EXHIBIT II I. Scope of Services: The Consultant shall perform the following services in a professional manner working as an independent contractor not under the direct supervision and control of the City: A. Services to be provided: Consultant shall represent the City in City's application to change rates for wholesale transmission service before the Public Utility Commission, including without limitation, the professional and legal services attendant to preparing and submitting the application, responding to all discovery relating to the application, and attending all hearings and other proceedings in relationship to the application, and to consult with the City through its Denton Municipal Electric staffwith regard to all filings, hearings, appeals, and other issues related to the application, and to assist in any subsequent actions in response to the Commission's final order concerning the application. To consult with the City Manager, the Assistant City Manager for Utilities, the Director of Denton Municipal Electric, the City Attorney, the Assistant City Attorney for Utilities, and/or other designated administrative personnel or staff regarding any and all aspects of the professional services to be performed, including legal research, analysis, and advice with respect to the proceeding concerning City's application to change rates for wholesale transmission service. This will include coordinating activities with the Director of Denton Municipal Electric, the City Attorney, and their respective staff to efficiently perform the services required and to preserve the Attorney/Client privilege, work product, and all other applicable exceptions to the discovery or disclosure of documents produced by the City and the Consultant under the Scope of Services hereinabove. The Consultant shall perform all the services required by this Agreement in a timely fashion, and shah complete them in compliance with schedules established by the City through its Director of Denton Municipal Electric as appropriate to carry out the terms and conditions of this Agreement. H. Term: This Agreement shall be retroactively effective as of August 1, 2002. The Agreement shall terminate either upon the completion of the professional services provided for herein or upon the exhaustion of all professional fees provided for hereunder, whichever event shall first occur. This Agreement may be sooner terminated in accordance with the provisions hereof. Time is of the essence of this Agreement. Consultant shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible during the term of this Agreement, and to meet the schedules established by the City, through its Director of Denton Municipal Electric, or her designee. 106018~/)enton Agreement Page 2 Ao HI. Compensation and Method of Payment: The Consultant shall charge the following fees for its professional services provided to the City hereunder, based upon the following hourly billing rotes for the attorneys and support staff involved in this matter: Staff Hourly Rate Lambeth Townsend, Shareholder Georgia Cramp, Shareholder Melissa E. Ramirez, Associate Paralegal Law Clerk $ 220.00 $ 200.00 $160.00 $ 80.00 $ 75.00 Consultant agrees that all charges for the legal services hereunder, including expenses as set forth in Section 1II. C. below, shall not exceed $35,000.00. The Consultant shall endeavor to have the attorneys and employees listed in Section m.A. above, reasonably attempt to reduce costs by utilizing other qualified shareholders, associates, and paralegals wherever feasible or possible. The Consultant shall bill the City through the submission of itemized invoices, statements, and other documentation, together with support data indicating the progress of the work and the services performed on the basis of monthly statements, showing hourly rates indicating who performed the work, what type of work was done, and descriptions and/or details of all services rendered, including a daily, and an entry- by-entry reflection of billable time spent on this engagement, along with specific descriptions and supporting documentation, if available, respecting any reasonable and necessary out-of- pocket expenses incurred by Consultant in performing the professional services provided for under this Agreement. Professional fees shall be billed in minimum one-tenth (1/10) hour Additionally, the City shall either pay directIy or reimburse the Consultant, as the case may be, for reasonable and necessary actual out-of-pocket expenses, including but not limited to, long-distance telephone, telecopier, reproduction, postage, overnight courier, and transportation and travel. All copies will be charged at the rate of fifteen cents ($.15) per copy for copies made within Consultant's offices, with as much photocopying as possible being done by outside vendors at bulk rates or by the City to reduce costs if bulk copying is necessary or appropriate. The parties agree that the charges for outgoing telecopies from Consultant shall be $.25 per page and that there will be no charge for incoming telecopies. The parties anticipate that invoices or statements for professional services will be generated on a monthly basis and that said invoices or statements will be sent to the City by Consultant on or about the 15th day of each month. The City shall make payment to the Consultant within thirty (30) days after receipt of an appropriate itemized invoice or statement. To the extent that any fees or expenses are disputed by the City, the City shall notify Consultant 106018x/)enton Agreement Page 3 within thirty (30) days after its receipt of the invoice or statement, and shall otherwise pay all undisputed amounts set forth, in the invoice or statement within thirty (30) days after its receipt of the invoice or statement. All reimbursable expenses, including, but not necessarily limited to travel, lodging, and meals, shall be paid at the actual cost, pursuant to the terms, conditions, and limitations set forth herein. All invoices or statements shall be a reviewed by the D/rector of Denton Municipal Electric, or her designee; and shall be reviewed and approved by the Assistant City Attorney/Utilities. It is understood and agreed that the Consultant shall work under the coordination and general supervision of the Director of Denton Municipal Electric, or her designee. All notices, invoices, statements, and payments shall be made in writing and may be given by personal delivery or by mail. As to notices: to Michael Conduff, City Manager, City of Denton, 215 East McKiuney, Denton, Texas 76201 or to his designee. AS to invoices, statements, or payments: to Michael S. Copeland, Assistant City Attorney/Utilities, Utility Admini~tion Department, at the same address, as to the City, and to Lambeth Townsend, Lloyd/Gosselink, 111 Congress Avenue, Suite 1800, Austin, Texas 78701, as to the Consultant. When so addressed, the notice, invoice, statement and/or payment shall be deemed given upon deposit of same in the U. S. Mail, postage prepaid. In all other instances, notices, invoices, statements, and/or payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the responsible person or office to which notices, invoices, statements and/or payments are to be sent, provided reasonable notice .is given. IV. Professional Comoeteney: Consultant agrees that in the performance of these professional services, Consultant shall be responsible to the level of competency and shall use the same degree of skill and care presently maintained by other practicing professionals performing the same or similar types of work. For the purpose of this Agreement, the key persons who will be performing most of the work hereunder shall be Lambeth Townsend and Georgia Cramp, Shareholders, and Melissa E. Ramirez, Associate. However, nothing herein shall limit Consultant from using other qualified and competent members of the firm to perform the services required herein if such delegation is reasonably appropriate and properly protects the City's interests. Any agreements, ordinances, notices, instruments, memoranda, reports, letters, and other legal documents prepared or obtained under the terms of this Agreement are instruments of service and the City shall retain ownership and a property interest therein. If this Agreement is terminated at any time for any reason prior to payment to the Consultant for work under this Agreement, all such documents prepared or obtained under the terms of the Agreement shall upon termination be delivered to and become the property of the City upon request and without restriction on their use or further compensation to the Consultant. 106018~Deaton Agreement Page 4 V. Establishment andMaintenanceofRecords: Full and accurate records shall be maintained by the Consultant at its place of business with respect to all matters covered by this Agreement. Such records shall be maintained for a period of at least three years after receipt of fina/payment under this Agreement. VI. Audits and lnsoection: At any time during normal business hours and upon reasonable notice to the Consultant, there shall be made available to the City all of the Consultant's records with respect to all matters covered by this Agreement. The Consultant shall permit the City to audit, examine, and make excerpts or transcripts from such records, and to make audits of contracts, invoices, materials, and other data relating to all matters covered by this Agreement. VII. Aceomnlishment of Proiect: The Consultant shall commence, carry on, and complete this professional engagement with all practicable dispatch; in a sound, economical and efficient matter; and, in accordance with the provisions hereof and all applicable laws. In accomplishing the project, the Consultant shall take such steps as are appropriate to insure that the work involved is properly coordinated with any related work being carded on by the City. VHI. Indemnity and lndeoendent Contractor Relationship: Consultant shall perform all services as an independent contractOr not under the direct supervision and control of the City. Nothing herein shall be construed as creating a relationship of employer and employee between the parties. The City and Consultant agree to cooperate in the defense of any claims, action, suit, or proceeding of any kind brought by a third party which may result from or directly or indirectly arise from any negligence and/or errors or omissions on the part of the Consultant or from any breach of the Consultant's obligations under this Agreement. In the event of any litigation or claim under this Agreement in which Consultant is joined as a party, Consultant shall provide suitable counsel to defend City and Consultant against such claim, provided the Consultant shall have the right to proceed with the competent counsel of its own choosing. The Consultant agrees to defend, indemnify and hold harmless the City and all of its officers, agents, servants, and employees against any and all such claims to the extent of coverage by Consultant's professional liability policy. The Consultant agrees to pay all expenses, including but not limited to attorney's fees, and satisfy all judgments that may be incurred or rendered against the Consultant's professional liability insurance policy. Nothing herein constitutes a waiver of any rights or remedies the City may have to pursue under either law or equity, including, without limitation, a cause of action for specific performance or for damages, a loss to the City, resulting from Consultant's negligent errors or omissions, or breach of contract, and all such rights and remedies are expressly reserved. Consultant shall maintain and shall be caused to be in force at all times during the term of this Agreement, a legally binding policy of professional liability insurance, listed by Best Rated Carriers, with a rating of "A-" or above, issued by an insurance carder approved to do business in Texas by the State Insurance Commission. Such coverage shall cover any claim hereunder occasioned by the Consultant's negligent professional act and/or error, act, or 106018~Demon Agreement Page 5 omission, in an amount not less than $1,000,000 combined single limit coverage per occurrence. In the event of change or cancellation of the policy by the insurer, the Consultant hereby covenants to immediately notify the City in writing thereof; and in such event, the Consultant shall, prior to the effective date of change or cancellation, serve a substitute policy furnishing the same or higher amount of coverage. The Consultant shall provide a copy of the declarations page of such policy to the City through its Director of Denton Municipal Electric simultaneously with the execution of this Agreement. IX. Termination of Agreement: Ao In connection with the work outlined in this Agreement, it is agreed and fully understood by the Consultant that the City may cancel or indefinitely suspend further work hereunder or terminate this Agreement at any time upon written notice to Consultant, Consultant shall cease all work and labor being performed under this Agreement. Consultant may terminate this Agreement by giving the City fifteen (15) days written notice that Consultant is no longer in a position to continue representing the City. Consultant shall invoice the City for all work satisfactorily completed and shall be compensated in accordance with the terms of this Agreement. All reports and other documents, or data, or work related to the project shall become the property of the City upon termination of this Agreement. This Agreement may be terminated in whole or in part, in writing, by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party. Provided, however, that no such termination may be affected, unless the other party is given [I] written notice (delivered by certified ma/l, remm receipt request) of intent to terminate, and not less than thirty (30) calendar days to. cure the failure; and, [2] an oppommity for consultation with the terminating party prior to termination. Nothing contained herein or elsewhere in this Agreement shall require the City to pay for any work which is unsatisfactory or which is not submitted in compliance with the terms of this Agreement. X. Alternate Disoute Resolution: The Consultant agrees that, if necessary, it will use its best efforts to resolve any disputes regarding the Agreement through the use of mediation or other forms of alternate dispute resolution set forth in Chapter 154 of the Texas Civil Practices and Remedies Code (V.A.T.C.S.). XL Entire Agreement: This Agreement represents the entire agreement and understanding between the parties and any negotiations, proposals, or oral agreements are intended to be integrated herein and to be superseded by this written Agreement. Any supplement or amendment to this Agreement, in order to be effective, shall be in writing and signed by the City and the Consultant. 106018XDenton Agreement Page 6 XH. Compliance with Laws: The Consultant shall comply with all federal, state, local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereafter be amended, including but not limited to the Texas Disciplinary Rules of Professional Conduct. XIH. Governing Law: For the purpose of determinm' g place of agreement and law governing same, this Agreement is entered into in the City and County of Denton, State of Texas, and shall be construed in accordance with, and governed bythe laws of the Stare'of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with this Agreement shall lie exclusively in a court of competent jurisdiction sitting in Denton County, Texas. X1V. Discrimination Prohibited: In performing the services required hereunder, the Consultant shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. XV. Personnel: Consultant represents that it has or will secure at its own expense all personnel required to perform the services required under this Agreement. Such personnel shall not be employees nor have any contracttml relations with the City. Consultant shall inform the City of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement, in accordance with Consultant's responsibilities under the Texas Disciplinary Rules of Professional Conduct. All services requirect hereunder will be performed by the Consultant or under its direct supervision. All personnel engaged in work shall be qualified and shall be licensed, authorized, or permitted under state and local laws to perform such services. XVI. Assignability: The Consultant shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the City thereto. XVH. Severability: All agreements and covenants contained herein are severable, and in the event any of them, with the exception of those contained in sections headed "Scope of Services", "Independent Contractor Relationship", and "Compensation and Method of Paymenf' hereof, shall be held to be invalid by any court of competent jurisdiction, this Agreement shall be interpreted as though such invalid agreements or covenants were not contained herein. XVIH. Responsibilities for Claims and Liability: Approval by the City shall not constitute nor be deemed a release of the responsibility and liability of the Consultant for the accuracy and competency of its work; nor shall such approval be deemed to be an assumption of such responsibility of the City for any defect in any report or other documents prepared by the Consultant, its shareholders, associates, employees, officers, or agents in connection with this engagement. 106018XDenton A~t Page 7 XIX. Modification of Agreement: No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. No evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed as aforesaid. The parties further agree that the provisions of this article will not be waived as herein set forth. XX. Caofions: The captions of this Agreement are for informational purposes only and shall not in any way affect the substantive terms or conditions ofthls Agreement. XXI. Bindin~ Effect: This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors, and assigns, where permitted by this Agreement. IN WITNESS HEREOF, the City of Denton, Texas has executed this Agreement in four (4) original counterparts by and through its duly authorized City Manager; and Consultant has executed this Agreement by and through its duly authorized undersigned Shareholder;, dated this the day of ,2002. CITY OF DENTON, TEXAS A Texas Municipal Corporation ATTEST: JENNIFER WALTERS, CITY SECRETARY Michael Conduff, City Manager By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY 106018~,Denton Agreement Page 8 LLOYD, GOSSELINK, ROCHELLE, BLEVINS ROCHELLE, BALDWIN & TOWNSEND, P.C. A Texas Professional Corporation By: ~ ATTEST: By:. 106018~Denton Agreemem Page 9 This page left blank intemionally. Agenda 02-031 09/17/02 #42 AGENDA INFORMATION SHEET AGENDA DATE: September 17, 2002 DEPARTMENT: ACM: Customer Service Howard Martin, ACM Utilities 349-8232 SUBJECT An ordinance of the City of Denton, Texas amending the provisions of Chapter 26 relating to the furnishing of utilities by amending sections 26-3(b)(2); 26-4(a)(2) and (3): 26-4(c); 26-5(b); 26- 6(a) through (1); 26-8(a),(c) and (d); 26-9 (a),(c),(d),(f),(g),(i), and (k):26-10(5); further providing for amendments to section 26-6 to provide for an installation charge; to provide for an unauthorized usage penalty; to provide for a meter reading charge; to provide for a meter testing charge; to provide for a meter tampering and/or damage charge; to provide for a meter inaccessibility charge; to provide for a returned payment charge; to provide for a late payment charge due on delinquent balances; to provide for an interest charge on past due account balances ; to provide for a credit report charge; to enact and provide for section 26-126.2 of the City of Denton Code of Ordinances regarding tampering with or damaging electric or water or wastewater system; illegal connection to electric or, water or, wastewater system; unlawful use of electric or, water or, wastewater system; establishing various penalties for a violation of section 26-126.2 such as punishment as provided in section 1-12(a)(1) of the Code of Ordinances, and/or the city attorney authorized to commence an action in a court of competent jurisdiction for an injunction to prevent a violation of this section; and/or recovery for damages to the water, wastewater, or electric systems resulting from a violation of this section; and/or recovery for expenses incurred by the city in responding to a violation of this section; and/or a civil fine of up to one thousand dollars ($1,000) per day for a violation of this section; and/or all other damages, costs, and remedies to which the city may be entitled; providing for publication of the caption of this ordinance; providing for an effective date for section 26-126.2; providing for a severability clause; providing for a repealer clause; providing for a savings clause; providing for an effective date as to the remaining provisions of this ordinance. BACKGROUND Changes to this ordinance are needed to provide customers with definition and terms for established rates and charges. The related rates or charges have either been in place without the benefit of definition, or were recently established and new definition is required. RECOMMENDATION Staff recommends the acceptance of the proposed ordinance changes for implementation as of October 1, 2002. PRIOR ACTION/Rg, VIKW (Couneil~ Boards~ Commissions) Chapter 26 was mended to a large extent in July 1994. In September 1998, the impact fee portion, Section 26-210- 26-231, was added. Changes to Ordinance 26 to reflect current practices became effective October 1, 2001, and were reviewed and approved by the Public Utility Board on February 18th' reviewed by City Council on March 27~h and April 24th' and approved by City Council on May 15th of 2001. The rate ordinance, related to the current Chapter 26 amendments, was reviewed and approved by the Public Utility Board on July 15th' reviewed by City Council on August 8th and approved on September 3, 2002. FISCAL INFORMATION The proposal better defines the parameters of utility services provided to our customers. It also establishes definitions of charges for services provided. Thc related charges are presented and established by the rate ordinance. This ordinance is reviewed and approved annually by both the Public Utility Board and the City Council. EXHIBITS 1. Ordinance 26 - Amended Respectfully submitted: uise Good-Owe~ n~t~' Utility Customer Service Manager ORDINANCE NO. 2002- AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE PROVISIONS OF CHAPTER 26 RELATING TO THE FURNISHING OF UTILITmS BY AMENDING SECTIONS 26-3Co)(2); 26-4(a)(2) AND (3): 26-4¢); 26-5Co); 26-6(a) THROUGH (1); 26-8(a),(c) AND (d); 26-9 (a),(c),(d),(f),(g),(i), AND (k):26-10(5); FURTHER PROVIDING FOR AMENDMENTS TO SECTION 26-6 TO PROVIDE FOR AN INSTALLATION CHARGE; TO PROVIDE FOR AN UNAUTHORIZED USAGE PENALTY; TO PROVIDE FOR A METER READING CHARGE; TO PROVIDE FOR A METER TESTING CHARGE; TO PROVIDE FOR A METER TAMPERING AND/OR DAMAGE CHARGE; TO PROVIDE FOR A METER INACCESSIBILITY CHARGE; TO PROVIDE FOR A RETURNED PAYMENT CHARGE; TO PROVIDE FOR A LATE PAYMENT CHARGE DUE ON DELINQUENT BALANCES; TO PROVIDE FOR AN INTEREST CHARGE ON PAST DUE ACCOUNT BALANCES; TO PROVIDE FOR A CREDIT REPORT CHARGE; TO ENACT AND PROVIDE FOR SECTION 26-126.2 OF THE CItY OF DENTON CODE OF ORDINANCES REGARDING TAMPERING WITH OR DAMAGING ELECTRIC OR WATER OR WASTEWATER SYSTEM; ILLEGAL CONNECTION TO ELECTRIC OR, WATER OR, WASTEWATER SYSTEM; UNLAWFUL USE OF ELECTRIC OR, WATER OR, WASTEWATER SYSTEM;ESTABLISHING VARIOUS PENALTIES FOR A VIOLATION OF SECTION 26-126.2 SUCH AS PUNISHMENT AS PROVIDED IN SECTION 1-12(A)(1) OF THE CODE OF ORDINANCES, AND/OR THE CITY ATTORNEY AUTHORIZED TO COMMENCE AN ACTION IN A COURT OF COMPETENT JURISDICTION FOR AN INJUNCTION TO PREVENT A VIOLATION OF THIS SECTION; AND/OR RECOVERY FOR DAMAGES TO THE WATER, WASTEWATER, OR ELECTRIC SYSTEMS RESULTING FROM A VIOLATION OF THiS SECTION; AND/OR RECOVERY FOR EXPENSES INCURRED BY THE CITY IN RESPONDING TO A VIOLATION OF THIS SECTION; AND/OR A CIVIL FINE OF UP TO ONE THOUSAND DOLLARS ($1,000) PER DAY FOR A VIOLATION OF THIS SECTION; AND/OR ALL OTHER DAMAGES, COSTS, AND REMEDIES TO WHICH THE CITY MAY BE ENTITLED; PROVIDING FOR PUBLICATION OF THE CAPTION OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE FOR SECTION 26-126.2; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALER CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR AN EFFECTIVE DATE AS TO THE REMAINING PROVISIONS OF THIS ORDINANCE. WHEREAS, the Council of the City of Denton, Texas has carefully evaluated several of the provisions of Chapter 26 of the Code of Ordinances ("Utilities") and has recognized the need to change several provisions thereof; and WHEREAS, it is the intent of the Council to protect and promote the public health, safety, and welfare, by so mending the Code of Ordinances accordingly; NOW THEREFORE, EXHIBIT I THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That Chapter 26 of the Code of Ordinances of the City ("Utilities") be and the same is hereby amended by adding the following provisions, which shall read as follows [in the case of an amended provision, the amended language or the new provision is italicized for convenience]: SECTION 26 - UTILITIES ARTICLE I. IN GENERAL See. 263. Service deposits and alternatives. A service deposit will be required unless the applicant provides one of the exemptions as listed below (a), (b) or (c). Co) Commercial customers. In the case of commercial or industrial service, if the applicant for service is required to make a deposit, the amount of the deposit shall be a minimum of three hundred dollars ($300.00) or an amount equal to one-sixth of the last twelve (12) months of billing at the location where service is requested, whichever is greater. If no previous history is available for the location, a representative facility similar to the type where service is requested will be used to establish the amount of the deposit. Commercial exemption fi.om deposit. An applicant for utility service for a commercial or industrial entity or business may not be required to make a deposit if the applicant: (1) Provides the city an acceptable commercial/industrial credit rating for the last twenty-four (24) months the customer received service from the city utility system or a commercial letter of good credit fi.om another utility system. The period has to be within the three (3) years prior to the date of application. The letter of commercial letter of good credit from a former utility company must be received for verification within 20 days of signing for service. Credit references fi.om residential utility accounts are not accepted for exemptions of commercial/industrial deposits; or (2) If the credit of a commercial/industrial customer for service has not been established satisfactorily to the city, the applicant may provide an irrevocable letter of credit in lieu of a deposit within 20 days of signing for service. The irrevocable letter of credit must be executed by a Texas bank to the satisfaction of the city manager and city attorney. The customer must maintain the irrevocable letter of credit in effect at all times. If the customer allows the irrevocable letter of credit to expire, the customer shall pay a deposit in the amount provided as listed above, or the city may terminate utility service. Sec. 26-4. Additional deposit required. (a) Additional deposits. The city may require a customer to make an additional deposit in the event that a deposit made as specified in subsection (a) or CO) is subsequently determined to no longer be sufficient. In no event will the amount of the deposit exceed one-sixth of the last twelve 02) months billing at the service location. The city may disconnect service if thc customer does not remit the additional deposit within fourteen 04) days of the city's request, provided a written disconnect notice has been issued. Such disconnect notice may be issued concurrently with the written request for the additional deposit. A customer may be required to pay a deposit or put down an additional deposit amount if: (1) The customer has been terminated from receipt of utility service due to non- payment of a utility bill; or (2) The city has determined there is evidence of a customer tampering with the ~ meter; or (3) The customer has an unacceptable credit rating and the city does not have in its files a current cosigner who meets the requirements of section 26-3(a) or Co); or (4) The customer has been required to pay or is paying off a utility account balance previously deemed uncollectible or is past due; or (5) The customer has filed a petition for relief under the applicable provisions of the United States Bankruptcy Code; or (6) The customer's irrevocable letter of credit filed with the city in lieu of a deposit has expired. Co) Interest. The city shall pay interest on deposits at an annual rate established by city council. If a refund of the deposit is made within thirty (30) days of receipt of the deposit, no interest will be paid. If the deposit is retained more than thirty (30) days, payment of interest shall be retroactive to the date the entire amount of deposit has been made. The deposit shall cease to draw interest on the date it is retumed or credited to the customer's account. Payment of the interest to the customer shall be made at the time the deposit is returned or credited to the customer's account. If the customer's account is active, the deposit will automatically be applied to the customer's account to offset current billing. If the amount remaining alter the offset is greater than one-sixth of the annual billing amount due, the amount will be refunded by check to the customer. (c) Credit checks. After making application for service, the customer service department may pursue a credit reference check. The customer will be given service promptly after application, but if the credit check shows the customer does not have an acceptable credit rating, the customer will be required to produce a cosigner or place a deposit on account. Failure to do so will result in the discontinuance of service with no less than two (2) days of notification given verball_¥ or in writing, to the prospective customer by the customer service department. Sec. 26-5. Refunds of deposits. The city shall refund deposits to applicants and customers if one of the following events Occurs: (a) The customer's service has been disconnected. The city shall refund the deposit plus accrued interest less any outstanding balances. A transfer of service from one service location to another shall not be deemed a disconnection and the city shall not require an additional deposit unless authorized by section 26-3 or section 26-4 hereof. (b) When the customer has paid bills for service for twelve (12) consecutive residential billings or twenty-four (24) consecutive commercial or industrial billings without having service disconnected for non-payment of bills, or meter tampering, and with no more than two (2) occasions each year in which a bill was delinquent, as provided by section 26- 9(a), and provided the customer is not delinquent in the payment of the current bill. The city shall then, in that event, refund the deposit (plus accrued interest) to the customer in the form of a credit to the customer's account. The City may also release the customer's irrevocable letter of credit. Sec. 26-6. Other fees. (a) Installation charge. ,4_first service connection char£e in an amount established by the city council and on file in the Office of the cit}, secretary will be charged to customers requesting electric service, where no permanent service previous!¥ existed and where a new account number is established. ~o) Connection charge. A connection charge in an mount established by the city council and on file in the office of the city secretary will be charged to customers requesting water and/or electric service (c) Delinquent service charge, reconnect charge, and deposit. If water and/or electric utility service is processed for nonpayment, then the customer will be required to pay a delinquent service charge or reconnect charge in an amount established by the city council and on file in the office of the city secretary and establish and maintain a deposit sum up to but not greater than one-sixth of the last twelve (12) months' billings on billing at the location where service is requested. Ifa twelve (12) month history is not available, an estimated usage will be used to assess the deposit amount. (d) Unauthorized usage penalty, l_fa customer fails to request a water and/or electric connection within twen~_ -four (24) hours., o._f occupanc¥ in a new service location, then the customer will be required to pay an unauthorized usage penal~ in an amount established b~. ,.t..he city council and on_file in the Office of the city secreta~. (e) Meter reading charge. I_f a customer requests a reading of a city meter due to a contested billing more than two (2) times in the previous twelve (12) months and no error is...found, the customer will be charged a meter reading charge. The meter reading charge will be in an amount established bY the city council and on ftle in the office of the city secreta~. (f} Meter testing charge. Ifa utility customer requests the testing of a city meter that was previously tested within the past four, (4) years and the meter is found to be within accuray_ standards, the customer will be charged a meter testing charge. The meter is defined as within accuracy standards when_found to be plus or minus two percent (2%) or less. This meter testing charge will be established by the city council and on file in the office of the city secretary. (g) Meter tampering and/or damage charge. ~4 meter tampering charge will be required of any !~erson that tampers withL damages~ or illegall_v connects to any city electric, or water, ..o..r..w. astewater system. The meter tampering charge will be established b_¥ the ..c.~..ty council and on_file in the office o_f the city secreta~_ . (h) Meter inaccessibility charge. A meter inaccessibility charge will be required of any customer that prevents the regular and routine reading or repair, maintenance or replacement of any city electric or water meter. The meter inaccessibility charge will be established ~_ the, city council and on file in the ofce of the city secreta~. i) Returned payment charg_e..._., ff a customer has a check, mon~_ order, or bank draft that has been dishonored by the maker's bank and returned to the city as unz>aid, the customer will be required to PaY a returned payment charge in an amount established by the ci~ council and on file in the office of the city secreta~_ . (j) Late payment charge due on delinquent balances..4 late paYment charge will be assessed on past due balances on the fi~, h business day following the due date. The late paYment charge, will be established by the city council and on file in the office of the city secreta~. Or) Interest charge on past due account balances. Interest shall be assessed on any past due account balance (excluding late payment charges) that remains unpaid prior to the current month's billing calculation. Interest shall be assessed based on the customer's monthl_¥ billing schedule and the due date of the customer's past due bill. The interest charge shall be due and .p...a_yable on the due date of the current month's billing. The interest charge will be established by the city council and on_file in the ofce Of the city secretary. .(1) Credit report charge. A credit report charge may be charged ~f the customer (a) cannot provide a sat~facto~ credit rating through previous service history with Denton Municipal Utilities or another utility service; or (b) cannot provide the city with a qualified cosigner, and (c) provides written authorization for the city to obtain a credit rating from a credit source available to the city. The credit report charge will be established bY the city council and on file in the o__f[ice o_f the city secreta _r~. Sec. 26-8. Grounds for discontinuance of service. (a) The assistant city manager - utilities, or his designee, shall discontinue service to any person violating any provision of this chapter or any published role or regulation of the utilities department, or of the City of Denton, until such violation has been corrected. (b) The assistant city manager - utilities, or his designee, shall discontinue service to any person found defrauding the utilities department by tampering with any water or electric line or meter. Service disconnected for any such reason shall not be restored until the assistant city manager - utilities, or his designee, is satisfied that all loss to the utilities department has either been repaid, or is financed for repayment, and that service may be restored without undue risk of further loss through such acts or nonpayment. (c) Subject to the approval of the city council, the assistant city manager - utilities, or his design.ee, shall discontinue service to any person found to be unreasonably wasting or diverting electricity or water. (d) Utility services may be terminated if payments become delinquent. The city may terminate services at any time upon delinquent status of an account. Once services are terminated, any deposit held by the city will be applied to the delinquent account. If the customer wishes to reconnect services, the customer will be required to pay a delinquent service charge or a reconnect charge and the remaining balance of the delinquent amount or at least fifty percent (50%) with a signed legal agreement to pay the remainder with three (3) consecutive monthly installments. The city may refuse service and require payment in full, based on the credit history of the customer. For continued service, the city will require an additional deposit amount as described in 26-4. Sec. 26-9. Billing and collection for services. (a) Due date for payment of statements. The due date for the payment of the bill for utility services shall not be less than ten (10) business days after issuance. Payment must be received in the established utility services locations by close of business on the due date, in order to avoid assessment of a delinquent penalty. Payments placed in the mail and showing a postmark on the due date will not be considered as being received on the due date. In addition payments made through alternative sources such as, telephone, drop box or intemet, will be accepted according to the terms established for those services. These payment requirements will be established by city council, and available in the office of the city secretary, and posted at customer access points when possible. Co) Discontinuance of service for nonpayment. Each customer of the city's utility system who has not paid by the due date as noted on the billing, or according to finance agreements, is eligible for disconnect after the due date without further notification. (c) Notice of termination of services. A customer will be notified on his current utility statement that his service is eligible for disconnection if payment is not received by the terms stated on the current bill. The notice will inform the customer that he should contact the utility customer service department within the ten (10) business day period and prior to disconnection of utility services to present any evidence or argument concerning the statement or amount of utility service provided by the city. The customer will be required to pay any amounts not registered by the customer service department as under dispute by the due date. Any disputed items must be resolved within sixty (60) days of notification to utility customer service. The city will attempt to call the customer and provide a verbal warning of termination of services two (2) days prior to actual termination. (d) Alternatives to termination of service. A customer with a past due or delinquent balance may avoid termination of utility service by doing one (1) of the following: (1) Paying the total amount due by the specified due date; (2) Arranging with the utility customer service department for a short-term payment agreement that would require down payment of at least fifty (50%) percent of the outstanding bill and payment of the remaining amount in not more than three (3) consecutive equal monthly payments. A customer may apply for a short-term payment agreement no more than once every six (6) months. (3) If the customer is unable to meet the reauirements in subsection ~d). (1) or t~2). the customer may request to apply for financing under the utility account review committee criteria. Criteria will be reviewed and approved by this committee at least annually. This committee will be composed of the city manager, city attorney, assistant city manager of finance, and the assistant city manager of utilities. Additionally, one (1) citizen representative selected and appointed by the assistant city manager of utilities will serve as a nonvoting member of the committee. If committee members are unable to attend the meeting, they may send a designated representative in their place. The utility account review committee is authorized to develop the criteria for long-tern: financing beyond the three-month period but cannot extend repayment beyond twelve (12) months. Neither the utility customer service department nor the utility account review committee will have the authority to waive all or any portion of the utility statement owing to the city except when an error in billing has occurred. Finance charges will be applicable as determined by this ordinance and the utility account review committee criteria. Once financing has been established using the review committee criteria, obligations must be met according to that agreement. No additional delinquency will be accepted. Failure to pay under the agreed-upon finance terms will require payment in full for continued services. (e) Certain adjustments prohibited. No adjustment will be made in any monthly bill because of any water or electric leak or loss, unless otherwise stated in this ordinance. No allowance shall be made on utility bills because of use of less service than the quantity set as the basis for the minimum charge. (f) Service meters required. Each customer maintaining a separate residence, either house or apartment, shall have a separate water meter and electric meter and a separate service connection to the city sewer lines; provided, however, that multiple dwellings containing less than four (4_) units may be served by one (1) water and one (1) electric meter and one (1) sewer service connection and will be billed under the residential multiple block rate. Multiple dwellings containing four (4) or more units which do not have separate metering and service facilities shall be classified as commercial buildings for utility purposes and shall be billed under the applicable commercial rates. (g) Notice of service changes required. Any customer or prospective customer of the city utility system moving into or out of a building where electric, water, sewer or solid waste service is or will be provided, shall give a minimum of twenty-four (24) hours notice to the customer service department prior to the proposed date of connection or disconnection of utilities. If the customer fails to give proper notification for connection, he will be required to pay an unauthorized usage penalty and payment for services shall be prorated based on evidence provided by the customer or available to utility services and the amount billed will be due and payable by the customer. (h) Proration of utility bills. The billings for utilities consumption may be calculated on a thirty-day basis and prorated higher or lower for longer or shorter billing periods respectively. (i) Proration of customer facility charge. All monthly customer facility charges contained in this chapter shall be prorated higher or lower for billing periods longer or shorter than thirty (30) days, respectively. In such cases, the actual number of daYs in the reading period shall be divided by thirty (30) d. qys, then multiplied by the net monthly charge to arrive at a customer_facility charge. 0) Estimated billings and billing adjustments. The city may estimate active utility services for no more than two (2) consecutive billing periods. This estimate shall be considered the current month billing and must be paid accordingly. The city shall also have the right to provide billing adjustments, consisting of back-billing or back credits, on prior billings for a period up to, but no greater than two (2) years. These prior period billing adjustments must be based on actual meter readings, verifiable evidence, or proration based on actual readings. (k) Rejection of application for services. An application may be rejected if utility customer service has a record of previous past due accounts owing by the applicant and/or any occupant therein that will receive benefit of the services provided to the service location. The city has the option of requiring these amounts to be paid in full, or transferring the amounts to the new service account after a down payment, and financing of the remaining amount, not to exceed a period of three (3) months. Sec. 26-10. Budget billing customer option. Any residential or local government utility customer of the city may request to be billed for electrical, water, sewer and/or sanitation services based upon an average billing amount. The eligibility and calculation criteria are as follows: (1) The customer shall request budget billing in accordance with the provisions of this section. The customer must have established residence and have a good credit history within the past six (6) months with the city. Budget billing will not be open for enrollment during the four (4) months preceding the settlement month, or 12th month, of the budget billing year. (2) The city may accept or deny the request based on the customer's credit history and circumstances as presented by the customer. Upon acceptance of the request, the city will compute the budget billing amount based on the last twelve (12) months of billing, and adjusted for any rate changes that would affect the budget billing calculation and as described in this subsection. The customer shall be billed this budget billing amount for the remaining months after approval of the application. On the settlement month, or twelfth billing month, the city will credit the customer's account for any accumulated amount in excess of the actual twelve (12) months' consumption, ffthe amount is greater than two (2) average monthly billings, the customer can request that the amounts be refunded, if requested prior to the due date of the credit. If the amount remaining represents an amount owed by the customer to the city, the customer shall have until the due date of the current billing to pay the additional amount due. The customer's account may be reviewed quarterly, and the budget billing amount may be adjusted based upon the current billings. (3) Monthly billing amount calculation. The city will compute the customer's monthly budget billing amount by totaling the billings for the services for the previous twelve (12) months. Ir'twelve (12) months of billing history is not available, utility customer service may estimate the billing based upon the best available information. These budget billing averages can be adjusted to reflect any rate changes that would likely increase or decrease the average annual billing amount. These annual billing amounts will be divided by eleven (11) to produce estimated usages per month for the next twelve (12) months. (4) The city may provide budget billing for utility services based upon the customer's length of residence, credit history, and upon information provided by the customer. Upon approval, the customer's written or oral consent shall constitute a legal agreement between the customer and the city. The customer must comply with the terms of this section, the terms of the agreement, and the budget billing policies of the city. (5) Termination of budget billing services. Any late payment (payment received after the billing due date) of any budget billing which occurs more than twice in a twelve- month period shall be cause for discontinuation of budget billing. Any returned check will also constitute a reason for termination of this service. Such customer may not re- qualify for such program until the customer re-establishes at least six (6) months of qualifying payment history. After a second removal f~om the program, a customer may not re-qualify for such program until after the expiration of one (1) year and a consecutive six (6) months of qualifying payment history. ARTICLE IV. WATER AND SEWER SERVICE* Sec. 26-126.2. Tampering with or damaging electric or, water or, wastewater system; illegal con_._n.e_ction to electric or, water or, wastewater s},stem; unla..~, ul use of electric or, water or, wastewater system; pr(m.a...facie evidence; separate offense. (a) Tampering with or damaging water, wastewater, or electric s_¥stem. A person commits an offense ~ without the written permission of the city manager or the assistant city., manager- utilities, he knowingl_¥, within the City of Denton, Texas'or its extraterritorial jurisdiction: (1) tampers with, damqges or destroys any part of the water system; or (2) t. qmpers with, damages or destroys any part o_f the wastewater system; or (3) tampers with, damages or destrOYs a f. tr..e., hydrant; or (4) tampers with,, d..a. mages or destroys an electric meter or equipment. (b) ... Illegal connection to water, wastewater, or electric system. A person commits an offense if, without the written permission of the city manager or the assistant city manager- utilities, he knowing!y, within the City. of_D. enton, Texas or its extraterritorial jurisdiction: (1) connects to the water distribution s?stem illegally, such as, by: a. connecting to a fire..~drant without a _fire hFdrant meter that has been tested monthly and is proper. IF registering usage; or b. connecting to water service without a water meter; or c. connects to electric service by cutting meter seals; or connects service ahead of the meter, such as not to record usage; or to dism~o_ t the function of the meter by any act, in, any manner. (2) discharges wastewater or other e__ffluent _from the customer's service address into the city's wastewater system through un-metered bFpass p(~ing. c(C) Obstruction of city access to a meter for the.. purpose of reading, maintenance, red, air or removal. 10 person commits an offense fi, qfler either oral or written notffication, they continue to obstruct the Ci~_ .access to a meter. (d) Certain conditions creating prima facie evidence qf tampering. For pu~_ oses of this section, it is pre.ma facie evidence that a person has tampered under subsections (a)(2) or (a)(3) of this section if the j~erson is a customer, owner, or person in control of th. e premises and: water is prevented from passing through a meter used or.furnished by the department to supp!v water to the premises; or (2_) electrici~ is prevented f. ro.m passing through a meter used or furnished by the department to supply electric service to the premises:or a meter is used or furnished by the department is prevented from correctly registering the qu.a.n...tity of water supplied to the premises; or (4) a meter is used or furnished ~_ the department is prevented_from correctIy re~ster, in_g the quantity qf electricity supplied to the premises; or water is diverted or bypass, qd bY the use of a device, from or around a pipe, main, meter, hydrant or other connection o_f the department; or (6) electricity is diverted to or bypassed bv the use of a device._from or around a meter, wire, or other connection of the departmentz or a conversion or misappropriation of water by any _form of. connection to the water system which is not metered; or a conversion or misappropriation of electricity by ..a. nv form o_f connection to the electric system which is not metered; or (9) a meter or service connection of the department used for service to the premises is removed; or (10) wastewater is prevented or diverted from flq. wing _from the premises into the wastewater system; or tampering with. or dama?ng, or destroying .a City of Denton electric meter, water meter box, or vault; or 11 (12) tampering with, or damaging, or destroying a part of the wastewater collection s~ste..m. ; or, (13) obstruction to the system, including a meter, wi!l. c.o.n..s..i.s..t of the .following, but the following are not considered all-inclusive: Restricting access by building a fence or other oh/ect that prevents access; or Access restricted due to aggressive animals knowingly placed near the system by a person; or (iii) Access restricted with improper planting or growth of bushes or landscapin_g knowingly IMaced near the s_vstem bv a person; or Access restricted by covering the meter by dirt, debris, fences, shrubs or any other item that would prevent the ready reading or maintenance of the system, knowingly, placed near the system by a person. (e) Prima facie evidence of knowledge. The existence on premises of a device used for any of the unlawful purposes stated in this section shah constitute prima _facie evidence of knowledge of the unlawful purpose on the par. t....o.f the customer, owner or person in control of the premises. (t9 Separate offense. It shah be a separate offense under this section _for each connection, for each day, that the customer, owner or person in control o_f the premises commits an act, or continues an act under this section. (g) Penalties. (1) ~1 person who violates any provision of this article shall, upon conviction, be punished as provided in Section 1-12 (a)(1) Of the "General Provisions" o_f this Code. (2) The ci~_ attorn~_ is authorized to commence an action for appropriate legal or equitable relief in a court of competent jurisdiction. Such relief may include: (i) An in[unction to prevent a violation of this section; Recove~ for damages to the water, wastewater, or electric system(s) resulting from a violation of this section; 12 Recove~ for expenses incurred by the city in responding to a violation of this section; civil fine of up to one thousand dollars ($1,000.00)per day_for a violation o_f this section; and Ail other damages, costs, and remedies to which the city may be entitled. SECTION 2. That if any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not effect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any invalidity. SECTION 3. That save and except as mended hereby, all the provisions, sections, subsections, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain in full force and effect. SECTION 4. That any person found guilty of violating Section 26-126.2 of this ordinance by a court of competent jurisdiction shall be fined a sum as provided in Section 1-12(a)(1) of the Code of ordinances; and/or a civil fine of up to one thousand dollars ($1,000) per day. Each day that a provision of this ordinance is violated shall constitute a separate offense. SECTION 5. That Section 26-126.2 of this ordinance providing for a penalty shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days' of the date of its passage. SECTION 6. All the remaining provisions of this ordinance shall be effective from and after October l, 2002; and a copy of said rates, fees, and charges shall be maintained on file in the Office of the City Secretary. PASSED AND APPROVED this the day of ,2002. EULINEBROCK, MAYOR 13 ATTESTED: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: S:\Our Documents\Ordinances\02%~hapter 26 Ordinance-Utilities Revision 082102 Draft 2.doc 14 Agenda 02-031 09/17/02 #43 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: September 17, 2002 Electric Utility Howard Martin, 349-8232 SUBJECT: Consider approval of increasing the authorized expenditure level for Task Order 02B Transmission Cost of Service (TCOS) filing of the Professional Services Agreement Between the City of Denton and R. J. Covington Consulting (RJC) from $43,800 to $67,800. BACKGROUND: In 1996, as a result of action required by the Texas Legislature, the Public Utility Commission of Texas (PUCT) established a statewide transmission system. All electric utilities in Texas (including municipal utilities) were required to pay for transmission they used and recover their investment in transmission they had built through a PUCT dictated methodology. In order to recover Denton Municipal Electric's transmission investment, DME must file its cost data with the PUCT and receive a ruling from the PUCT establishing a DME transmission rate. This filing is referred to as a Transmission Cost of Service (TCOS) filing. DME is also required to file a transmission Eamings Report on June 1 of each year. DME made its first TCOS filing in 1996. Since that time additions have been made to the DME transmission system and the PUCT has established new filing options that have the potential of providing DME with a higher return on its investment. The TCOS project was started in March of 2001. The first component of the TCOS project was the filing of DME's annual Transmission Eamings Report with the PUCT. As the DME and RJC staff worked to prepare this report, problems were encountered with the financial data. Resolving these issues required considerably more time than estimated to finish the earnings report. With the 2001 fiscal year coming to a close, it was decided that the effort and expense of the TCOS project would be more productive if 2001 transmission system expenditures were utilized as the test year in the TCOS filing. As work continued on the project, RJC again encountered problems obtaining the necessary financial data to complete the TCOS filing. RJC and City of Denton staffs were able to successfully work through these issues and expect to file the TCOS filing with the PUCT in September 2002. As a result of the time required to deal with problems such as those listed above, all of the funds authorized under the subject Task Order have been expended to complete the filing package. The requested $24,000 increase is to cover the cost of Rick Covington's expert testimony in any heating that is required and RJC's coordination of responses to questions from the PUC staff and any interveners in our case. This increase is the best estimate that can be made at this point in the process. If there are a number of aggressive interveners in the fling, the cost may go up. If there are few questions, the cost could be less. It is customary to recover the costs associated with preparing a filing as part of the rate granted by the Public Utility Commission of Texas (PUCT). Our filing has requested cost recovery of expenses related to preparation and filing of this TCOS case. It will not be possible to recover the cost associated with the preparation and filing of Earning Reports. Once the City accounting staff has completed the closing of the FY2002 books, DME will be proposing the establishment of a task force made up of City accounting staff, DME staff and RJC staff to address the problems that have been encountered in this filing. Consideration should be given to: 1. Development of an electric utility FERC set of monthly reports and operating information, with monthly reconciliation to the City accounting books so that problems will be identified and rectified in a timely manner rather than waiting until it is time to make the next filing. 2. Having the FERC books reviewed by the City auditor as part of the annual audit of the City's books for the CAFR. 3. Making the changes necessary to the Property accounting records to enable reclassification of plant to transmission where appropriate. 4. Reviewing all work order systems and accounting procedures to insure there is an appropriate separation of costs between transmission and distribution functions and, wherever possible, costs are directly assigned to transmission as allowed by PUC rules. RECOMMENDATIONS: DME recommends approval of the increase in authorized expenditure level. ESTIMATED SCHEDULE OF PROJECT: By statute, resolution of the filing can take no longer than 180 days. The process could be quicker depending on the PUCT workload and the number of issues raised by PUCT staff or interveners. FISCAL INFORMATION: The Public Utilities Board approved the original contract March 26, 2002 for $43,800 not to exceed $67,800. EXHIBITS: 1. Ordinance 2. Agreement Respectfully submitted: Sharon Mays Director of Electric Utilities ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT IN THE FORM OF FIRST AMENDED TASK ORDER NO. 02-B WITH R. J. COVINGTON CONSULTING, LLC, FOR TRANSMISSION COST OF SERVICE AND EARNINGS REPORT FILINGS. WITH THE PUBLIC UTILITY COMMISSION OF TEXAS RELATING TO DENTON MUNICIPAL ELECTRIC; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deems it in the public interest to continue to engage the finu of R. J. Covington Consulting, LLC of Austin, Texas ("Covington"), to provide consulting services to the City relating to Denton Municipal Electric, including, without limitation, First Amended Task Order No. 02-B for continuation of transmission cost of service and earnings report filings with the Public Utility Commission of Texas; and WHEREAS, on the 20th day of February, 2001, the Council approved a Professional Services Agreement with Covington, enacting Ordinance No. 2001-084, that provided for the addition of various Task Orders, as needed by Denton Municipal Electric, until December 31, 2002, as were approved by the Public Utilities Board ("PUB") and the Council; and First Amended Task Order 02-B has been recommended for approval by the PUB and the same is hereby approved by the City Council; and · WHEREAS, the City staff has reported to the City Council that there is a substantial need for the above-described further professional services, and that limited City staff cannot adequately perform the specialized services and tasks with its own personnel; and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act", generally provides that a City may not select a provider of professional services on the basis of competitive bids, but must select the provider on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the further professional services, as set forth in the previous enacted Professional Services Agreement; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: That the City Manager is hereby authorized to execute a further Professional Services Agreement in the form of First Amended Task Order No. 02-B with R. J. Covington Consulting, LLC, of Austin, Texas, for professional consulting services relating to Denton Municipal Electric in the area of the transmission cost of service filing with the Public Utility Commission of Texas, in substantially the form of the First Amended Task Order No. 02- B attached hereto and incorporated herewith by reference. SECTION 2: That the award of this Agreement by the City is on the basis of the demonstrated competence, knowledge, and qualifications of Covington and the ability of Covington to perform the professional services needed by the City for a fair and reasonable price° SECTION 3: That the expenditure of funds as provided in the attached Professional Services Agreement, as manifested by additional First Amended Task Order 02-B, in the amount of not to exceed an additional $24,000 (a total of not to exceed $67,800 when taken with Task Order No. 02-B), is hereby authorized. SECTION 4: That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ~ 2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L, PROUTY, CITY ATTORNEY S:\Our Documents\Ordinances~02\Covington Consulting LLC-DME-First Amended TO 02-B,doc FURTHER ATTACHMENT TO PROFESSIONAL SERVICES AGREEMENT DATED FEBRUARY 20, 2001 BETWEEN THE CITY OF DENTON AND R.J. cOVINGTON CONSULTING, LLC FIRST AMENDED TASK ORDER NO. 02-B TCOS Filing This Attachment is an additional "mended Task Order contemplated by and appended to the Professional Services Agreement entered into by and between the City of Denton, Texas and R.L Covington Consulting, LIE, dated February 20, 2001, and approved by the City Council by Ordinance No. 2001-084. Work provided for in this First Amended Task Order No. 02-B is for R.J. Covington Consulting, LLC ("RJC") to finalize the filing of a fiscal year transmission cost of service study and report ("TCOS") with the Public Utility Commission of Texas ("PUC"). Background RJC prepared and filed with the PUC the Annual Earnings Reports for 2001 and 2002 as part of the scope of services under Task Order 01-A and Task Order 02-B. During those filings, RJC worked with Staff and the City accounting department to address issues associated with the City's changeover to a new accounting system. This changeover created problems in the Federal Energy Regulatory Commission (FERC) set of accounts used to prepare the Earning Reports and needed for the TCOS Rate Filing Package. This First Amended :Task Order is to adjust the budget for time RJC has spent on City accounting issues that were outside the scope of the previ6us Task Orders. The services performed by RJC will include completion of the TCOS filing process. This will include final review with City Staff, responding to Requests for Information CRFI's'') during the discovery phase of the process, and working with the Staff and the City's attorneys during the hearings to defend the City's position against other parties and the PUC staff. Scope of Services Task A Assistance in Preparation of City Staff Testimony RJC will draft testimony for City Staff to support the TCOS Rate Filing Package RJC will conduct a review of the rate-filing package with City Staff and the City's attorney prior to the final filing of thc case with the Commission. First Amended Task Order No.01-A TCOS Filing T~kB TCOS Filing Discovery RJC will review all RFI's sent to the City and assist in determining the best person to respond. RJC will work with attorneys and staff to respond to RFI's from the PUC and other parties, being sure that the responses are consistent with the filing. If needed, RJC will prepare RFI's to serve on other parties to assist in evaluation of other partys' positions, and gather information needed for cross-examination of witnesses. Task C TCOS Hearings RJC will: 2. 3. 4. 5. Review testimony and exhibits filed by PUC staff and other parties. Evaluate impacts of alternative positions of other parties. Prepare rebuttal testimony and file. Assist attorneys in preparing cross-examination of PUC staff and other parties. Attend hearings and present direct testimony. Task D Post-Hearing Activities RJC will: 1. Assist attorneys in preparing briefs. 2. Review Admirdstrative Law Judge Preliminary Order; assist attomeys.in filing exceptions. 3. Review Final Order and other documents. 4. Rework numbers for Final Order. The additional authorized "not-to-exceed amount" for the above first amended scope of services for both labor and out-of-pocket expenses is $24,000. The total authorized "not to exceed amount" for original Task Order No. 02-B is $43,800. The total amount authorized for the additional first amended task order is not to exceed $67,800. The actual costs may vary based on the level of intervention from other parties in the TCOS filing, which presently is unknown. This budget will not be exceeded without prior written approval of the City. RJC will bill monthly with supporting documentation 2 of 3 First Amended Task Order No.01-A TCOS Filing of activities performed. The termination date of this First Amended Task Order No. 02-B shall be on the earliest to occur of the following events: December 31, 2002; or the exhaustion of the additional $24,000 mount provided for herein; or upon fifteen (15) days written notice to terminate, issued by the Director of Electric Utilities, DME. The work being performed will be under the supervision of the Director of Electric Utilities, DME and may be modified at any time upon appropriate notice to RJC. EXECUTED in four (4) original counterparts by a duly authorized officer of RJC and by a duly authorized officer of the City on this the ~ day of ., 2002. AUTHORIZED BY: CITY OF DENTON, TEXAS ACCEPTED BY: R. J. COVINGTON CONSULTING, LLC By: By: Michael A. Conduff City Manager Dated: Dated: Richard J. Covi~on ~// President ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: S:~Our Docurmnts'Connacts~02W. ovington Consultants, LLC-First Amended TO No. 02-B-DME.doc 3 of 3 This page left blank intemionally. Agenda 02-031 09/17/02 #44 AGENDA INFORMATION SHEET AGENDA DATE: September 17, 2002 DEPARTMENT: ACM: Utility Administration Howard Martin, Utilities SUBJECT: Consider adoption of an ordinance of the City of Denton, Texas authorizing the designation of Rate Stabilization Funds to meet rate covenant coverage requirements required by bond rating agencies. BACKGROUND The City of Denton's f'mancial advisor, First Southwest Financial Group, and bond counsel, McCall, Parkhurst & Horton L.L.P., have requested the formal designation of certain Rate Stabilization Reserves be allocated in a separate ordinance, so that these funds may be used as supplemental revenues for the fiscal year 2002-2003. The attached ordinance will allow the City to designate a portion of the Rate Stabilization Fund to meet bond rating covenant coverage requirements. The City of Denton's Utility System Revenue Bond covenant requires a reserve amount equal to the greater of 1.25 times the average annual principal and interest requirements or 1.25 times the succeeding fiscal year's principal and interest requirements all of the outstanding parity bonds (there are fifteen such bond issues outstanding, dating to 1983) and additional bonds. These necessary funds have previously been approved in the FY 2002-2003 utility system operating budgets as Use of Reserves included in Total Resources. These reserves are used to fund various operating and capital improvement plan expenses. A portion of the Use of Reserves is comprised of the Rate Stabilization Fund of the Electric, Water, and Wastewater Utilities. The Rate Stabilization Fund was established in previous years to reserve excess funds in years when revenues exceeded expenses, in order to offset or delay future rate increases and to fund future capital improvement projects. The amount of funds necessary to be designated to the utility system operations and maintenance account will be transferred each year from the Utility System Rate Stabilization Fund to the Utility System Operating Fund. Though the funds have been approved in the budget for operating expenses, they have not yet been approved for calculation in the rate covenant coverage requirements. RECOMMENDATION Staff recommends approval. FISCAL SUMMARY The source of these funds have been previously approved and will be transferred from the Rate Stabilization Fund to the Operating Fund for each applicable utility at the beginning of the fiscal year. Funds not used during the fiscal year will be transferred back to the Rate Stabilization Fund at the end of each fiscal year. EXHIBITS: 1. Ordinance Respectfully submitted: Howard Martin, ACM Utilities ORDI/qANCE NO. 2002- AN ORDINANCE TRANSFERRING AMOUNT IN THE RATE STABILIZATION FUND TO THE CITY OF DENTON, TEXAS UTILITY SYSTEM REVENUE BONDS; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. THE STATE OF TEXAS : COUNTY OF DENTON : CITY OF DENTON : WHEREAS, the orainance authorizing the issuance of City of Denton, Texas Utility System Revenue Refunding Bonds, Series 1983 (the "1983 Ordinance") was adopted by the City 0fDenton (the "City") on March 10, 1983; and WHEREAS, pursuant to the 1983 Ordinance and other subsequent ordinances (the "Other Bond ordinances", and collectively with the 1983 ordinance, the "Bond ordinances"), the City has heretofore issued the following revenue bonds that are currently outstanding: City of Denton Utility System Revenue Bonds, Series 1992, dated March 1, 1992; City of Denton Utility System Revenue Bonds, Series 1993, dated March 1, 1993; City of Denton Utility System Revenue Refunding Bonds, Series 1993-A, dated Junel, 1993; City of Denton Utility System Revenue Refunding bonds, Taxable Series 1993-B, dated June 1, 1993; City of Denton Utility System Revenue Bonds, Series 1996, dated May 1, 1996; City of Denton Utility System Refunding Bonds, Series 1996-A, dated May 1, 1996; City of Denton Utility System Revenue Bonds, Series 1998, dated March 15, 1998; City of Denton Utility System Refunding Bonds, Series1998-A, dated July 1, 1998; City of Denton Utility System Refunding Bonds, Series 1998-B, dated August 1, 1998; City of Denton Utility System Revenue Bonds, Series 2000-A, dated April 15, 2000; City of Denton Utility System Revenue Bonds, Taxable Series 2000-B, dated April 15, 2000; City of Denton Utility System Revenue Refunding and Improvement Bonds, Series 2001, dated April 15, 2001; City of Denton Utility System Revenue Bonds, Series 2002-A, dated April 1, 2002; City of Denton Utility System Revenue Bonds, Taxable Series 2002-B, dated April 1, 2002; and WHEREAS, defined terms used in this ordinance shall have the meaning given such terms in the Bond Ordinances; and WHEREAS, the City has established a separate Rate Stabilization Fund (the "Rate Stabilization Fund") for the purpose of stabilizing utility system rates for ratepayers; and WHEREAS, the Rate Stabilization Fund has been funded with excess revenues of the System; and WHEREAS, in order to maintain stable rates and to provide sufficient Net Revenues as required by the Bond Ordinances, the City finds it necessary and desirable to transfer certain moneys in the Rate Stabilization Fund to the System Fund to be used to pay expenses of operation and maintenance of the System; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: Section 1. In each fiscal year, the City hereby agrees to transfer the Transfer Amount (as defined below) fi.om the Rate Stabilization Fund into the System Fund for the purpose of paying the current expenses of operation and maintenance of the System. Section 2. The Transfer Amount shall be an amount of moneys and investments contained in the Rate Stabilization Fund equal to the amount for each fiscal year of the City that will, when added to the expected Net Revenues of the System for that fiscal year, produce an amount of Pledged Revenues during such fiscal year at lest equal to the greater of 1.25 times the average annual principal and interest requirements of all then outstanding Parity Bonds and Additional Bonds; or 1.25 times the succeeding fiscal year's principal and interest requirements of all then outstanding Parity Bonds and Additional Bonds. Section 3. The Transfer Amount will be calculated and reflected in the annual budget for each fiscal year and wilt, on the fist day of such fiscal year, be transferred fi.om the Rate Stabilization Fund into the System Fund. Section 4. That all ordinances or parts of ordinances in force when the provisions of this ordinance became effective which are inconsistent, or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. Section 5. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not at'feet the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby &dares it would have enacted such remaining portions despite any such invalidity. Section 6. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __ day of ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY SfiOur Documents~h'dinanees~02\Utility System Rate Stabilization Fund Ordinance 091702.doc This page left blank intemionally. Agenda 02-031 09/17/02 #45 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: September 17, 2002 Planning & Development Dave Hill, 349-8314 SUBJECT Consider reappointment of Mayor Pro Tem Mark Burroughs to the North Central Texas Council of Governments Regional Transportation Council. BACKGROUND Mayor ProTem Mark Burroughs currently serves as the City of Denton representative on the North Central Texas Council of Governments (NCTCOG) Regional Transportation Council (RTC). Each year, City Council is asked by NCTCOG to designate in writing the City of Denton representative. Mayor Pro Tem Burroughs has been the City of Denton RTC representative since 1999, and must be reappointed to continue serving in this capacity. The North Central Texas Council of Governments (NCTCOG) is a voluntary association of local governments established to assist local governments in planning for common needs, cooperating for mutual benefit, and coordinating for sound regional development. NCTCOG serves a 16-county region of North Central Texas that is centered around the two urban centers of Dallas and Fort Worth. Currently, NCTCOG has 231 member governments including 16 counties, 163 cities, 26 school districts, and 26 special districts. The NCTCOG Metropolitan Planning Organization for the Dallas- Fort Worth Metropolitan Area is a collaborative structure of committees and organizations creating parmerships to address the region's complex transportation needs. Key players in this organizational structure include: · The NCTCOG Executive Board, which oversees the administrative funds granted to the MPO. The Regional Transportation Council (RTC), the policy body for the MPO, is comprised of local elected council members, mayors, county commissioners, and transportation provider representatives. The RTC is responsible for direction and approval of the Regional Transportation Plan, the Transportation Improvement Program, the Congestion management System, and the Unified Planning Work Program, and for satisfying and implementing federal and state laws pertaining to the regional transportation planning process. · Technical committees that review, comment on, and prepare recommendations for transportation improvements. The Surface Transportation Technical Committee is comprised of city transportation professionals and transportation provider representatives. · The North Central Texas Council of Governments' Transportation Department, which provides support and staff assistance to the RTC and its technical committees. · Citizens of the Region who participate in the planning process through public meetings, workshops, and Listening Sessions. OPTIONS City Council may either reappoint Mayor Pro Tem Burroughs or select a new representative. RECOMMENDATION Mayor Pro Tem Burroughs has been a very active participant in RTC, is familiar with RTC activities and strategies, and represents the City of Denton on both regional transportation and air quality issues as a member of other organizations. He would be able to continue serving as a well-informed and active RTC member if reappointed. ESTIMATED PROJECT SCHEDULE Denton's RTC representative should be designated in writing and delivered to NCTCOG September 25, 2002. staff by PRIOR ACTION/REVIEW Council designates the Denton RTC representative each year. FISCAL INFORMATION N/A ATTACHMENTS N/A Respectfully submitted: David M. Hill Assistant City Manager, Development Services Agenda 02-031 09/17/02 #46 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: September 17, 2002 Economic Development Dave Hill, 349-8314 SUBJECT: CONSIDER ADOPTION OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS, AND WELLS FARGO BANK, NATIONAL ASSOCIATION FOR LEASE OF SPACE FOR THE ECONOMIC DEVELOPMENT DEPARTMENT AND PUBLIC TRANSPORTATION OFFICE; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND: In order to capture savings and improve staff efficiencies, the Economic Development, Community Development, Main Street and Public Transportation offices will relocate to the fifth floor of the Wells Fargo Bank Building. These offices are currently located in separately leased offices in two different buildings on the Square. Although some of the space is very attractive, it has not proven to be practical. Staff is experiencing the following problems: · The Main Street, Economic Development and Public Transportation offices operate in an open office environment (no individual enclosed offices), making private conversations with citizens, prospects or merchants impossible. · The Main Street office cannot accommodate handicapped individuals. Many meetings must be scheduled offsite. · Space is not connected. The Economic Development conference/file/storage room is located at the back of the building and Economic Development and Community Development are located on different floors. · It is difficult to staff the offices at all times. Public Transportation, Main Street, and Economic Development offices have two, three, and four staff members, respectively. When employees are out for any reason (meetings, vacation, sick leave, events) it is sometimes difficult to keep the separate offices open to the public. Moving to the Wells Fargo Bank building will allow the department to remain on the Square - an important factor for the Main Street and Community Development offices. Other positive reasons for the move are: · Every employee (except for those in the reception area) will have an individual office. Staff is convinced that this new space will not only provide the needed environment for guests with regard to private conversations, but will also increase the efficiency of employees, as they will have fewer interruptions and distractions. · The space is ADA accessible. · All offices will be on the same floor and will share common areas - conference room, break room, rest rooms, etc. In fact, the City will take over the whole 5th floor of the building. Citizens will be able to go to one location for all services. · Offices will be open to the public during working hours. Since there are a total of 16 City employees, they will have more than enough staff to cover for lunches, meetings, vacations, etc. OPTIONS: 1. Approve ordinance. 2. Deny approval of ordinance. If denied, space must be found for the Main Street office, as the space where they are currently located has already been leased to a new tenant beginning November 1, 2002. RECOMMENDATION: Staff recommends approval of the lease as written. ESTIMATED PROJECT SCHEDULE: Upon approval of the lease, Wells Fargo Bank will begin renovating the fifth floor to accommodate the needs of the City offices. The move is scheduled for October 23, 2002 with the first rem payment being due November 1, 2002. PRIOR ACTION/REVIEW: N/A FISCAL INFORMATION: The move will result in a savings to the City of Denton in utility and janitorial costs of approximately $24,000 over the seven-year period of the lease. ATTACHMENTS: Ordinance Lease and Exhibits [Final wordsmithing on the Lease document was being completed by our Legal Department at the time the agenda packets were compiled. A lease will be delivered to Council members immediately upon completion.] Respectfully submitted: Linda Ratliff Director of Economic Development S:\Our Docmments\Ordinances\02kFco Dev Lease Wells Fargo.doc ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS, AND WELLS FARGO BANK TEXAS, NATIONAL ASSOCIATION FOR LEASE OF SPACE FOR THE ECONOMIC DEVELOPMENT DEPARTMENT AND THE PUBLIC TRANSPORTATION OFFICE; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Economic Development Department and the Public Transportation Office desire to lease space in the Wells Fargo Bank Texas Building located a 101 South Locust Street; and WHEREAS, the lease would be for one year subject to six annual renewals depending on the Council funding the lease payments in each fiscal year in the Economic Development Department's budget; and WHEREAS, the City Council deems it in the public interest to enter into a lease with Wells Fargo Bank Texas to provide space for the Economic Development Department and the Public Transportation Office; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Manager is hereby authorized to enter into a lease agreement between the City of Denton and Wells Fargo Bank Texas to lease space for the Economic Development Department and the Public Transportation Office, a copy of which lease is atta&ed hereto and incorporated by reference herein. SECTION 2. That the City Manager is authorized expend funds and to perform the obligations as required by the attached lease. SECTION 3. That this ordinance shall become effective immediately upon its p~sage and approval. PASSED AND APPROVED this the day of ,2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULiNE BROCK, MAYOR BY: S:\Our D ocmm ent s\Or din an ces\02kF co Der Lease Wells Fargo.doc APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 LEASE BY AND BETWEEN WELLS FARGO BANK TEXAS, NATIONAL ASSOCIATION, AS LANDLORD AND CITY OF DENTON, AS TENANT Wells Fargo Bank Building 101 South Locust Denton, Texas 76201 HOUSTON_I~597454k3 14401-395 09/16/2002 FORM OFFICE LEASE - DENTON -WITHIMP TABLE OF CONTENTS Created 8/16/02 Paee ARTICLE 1. - BASIC LEASE PROVISIONS .............................................................................. 1 1.1 Basic Lease Provisions ............................................................................................. 1 ARTICLE 2. 2.1 2.2 2.3 - LEASE OF PREMISES ......................................................................................... 3 Premises ................................................................................................................... 3 Common Areas ........................................................................................................ 3 Rentable Area ........................................................................................................... 4 ARTICLE 3. 3.1 3.2 3.3 3.4 3.5 3.6 3.7 - TERM AND POSSESSION .................................................................................. 4 Term ......................................................................................................................... 4 Rent Commencement Date ...................................................................................... 4 Leasehold Improvements ......................................................................................... 4 Confirmation of Commencement Date .................................................................... 4 Surrender .................................................................................................................. 4 Holdover ................................................................................................................... 4 Removal of Tenant's Property. ................................................................................. 5 ARTICLE 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 - RENT ...................................................................................................................... 5 Rent .......................................................................................................................... 5 Payment of Rent ....................................................................................................... 5 Base Year Operating Expense .................................................................................. 5 Adjustment of Base Rent ......................................................................................... 5 Estimated Operating Expenses ................................................................................. 5 Reconciliation .......................................................................................................... 5 Occupancy Factor .................................................................................................... 5 Operating Expenses ................................. : ................................................................ 5 Excluded Operating Expenses ......... : ....................................................................... 5 Late Charge ...................................................................................................... : ....... 5 Personal Property Taxes ........................................................................................... 6 Security Deposit ....................................................................................................... 6 Determination of Charges ........................................................................................ 6 ARTICLE 5.1 5.2 5.3 5.4 5.5 USE AND OCCUPANCY ....................................................................................... 6 Use ........................................................................................................................... 6 Rules and Regulations ........................................... : .................................................. 6 Compliance With Laws ............................................................................................ 6 Access to Premises ................................................................................................... 7 Quiet Enjoyment ...................................................................................................... 7 ARTICLE 6.1 6.2 6.3 - LANDLORD'S SERVICES ................................................................................... 7 Landlord's Services ................ ~ ................................................................................. 7 Services at Tenant's Cost ......................................................................................... 8 Electrical Services .................................................................................................... 8 HOUSTON_I~597454~3 14401-395 09/16/2002 TABLE OF CONTENTS (Continued) PaRe 6.4 6.5 Telephone Services .................................................................................................. 8 Interruption of Services ............................................................................................ 8 ARTICLE 7. 7.1 7.2 7.3 - REPAIRS AND ALTERATIONS ......................................................................... 8 Landlord Repairs ...................................................................................................... 8 Tenant Repairs ......................................................................................................... 9 Alterations ................................................................................................................ 9 ARTICLE 8. 8.1 8.2 8.3 8.4 - INSURANCE AND INDEMNITY ........................................................................ 9 Landlord's Insurance ................................................................................................ 9 Tenant's Insurance .................................................................................................. 10 Waiver of Claims ................................................................................................... 10 Indemnity by Tenant .............................................................................................. 10 ARTICLE 9. 9.1 ,9.2 9.3 - FIRE OR OTHER CASUALTY .......................................................................... 10 Substantial Destruction .......................................................................................... 10 Partial Destruction. ................................................................................................. 10 Reconstruction ....................................................................................................... 10 ARTICLE 10. - CONDEMNATION ........................................................................................... 10 10.1 Condemnation ........................................................................................................ 10 10.2 Awards ................................................................................................................... 11 ARTICLE 11. - SUBORDINATION AND ATTORNMENT ..................................................... 11 11.1 Subordination ......................................................................................................... 11 11.2 Attomment ............................................................................................................. 11 11.3 Lender Requests ..................................................................................................... 11 ARTICLE 12. - ASSIGNMENT AND SUBLETTING ................... ' ............................................ 11 12.1 Assignment ............................................................................................................. 11 12.2 Excess Rent ............................................................................................................ 12 12.3 Tenant's Liability. ................................................................................................... 12 12.4 No Waiver .............................................................................................................. 12 ARTICLE 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13. - DEFAULT AND REMEDIES ........................................................................... 12 Tenant Default ........................................................................................................ 12 Landlord's Rights Upon Default ............................................................................ 13 Landlord Default .................................................................................................... 13 Tenant's Remedies ................................................................................................. 13 Reletting ................................................................................................................. 14 Bankruptcy ............................................................................................................. 14 Costs ....................................................................................................................... 15 Landlord's Right to Perform .................................................................................. 15 Page ii HOUSTON_I~97454~3 14401-395 09/16/2002 TABLE OF CONTENTS (Continued) PaRe 13.9 Non-Waiver ............................................................................................................ 15 13.10 Landlord's Liability ................................................................................................ 15 ARTICLE 14. - LANDLORD'S LIEN ......................................................................................... 16 14.1 Landlord's Lien ...................................................................................................... 16 ARTICLE 15. - ASBESTOS DISCLOSURE .............................................................................. 16 15.1 Disclosure ............................................................................................................... 16 ARTICLE 16. MISCELLANEOUS ............................................................................................. 16 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 Amendment ............................................................................................................ 16 Severability ............................................................................................................ 16 Estoppels ................................................................................................................ 16 Successors .............................................................................................................. 16 Notice ..................................................................................................................... 16 Captions ' 17 Number and Gender .............................................................................. : ................ 17 Governing Law ...................................................................................................... 17 Inability to Perform. ............................................................................................... 17 Broker ..................................................................................................................... 17 Entire Agreement ................................................................................................... 17 Construction ........................................................................................................... 17 Time of the Essence ............................................................................................... 17 Parking ................................................................................................................... 17 Attorneys' Fees ....................................................................................................... 17 Conflict ................................................................................................................... 18 Use of Name ........................................................................................................... 18 Relocation ........................... ; .................................................................................. 18 Tenant's Financial Statements ................................................................................ 18 Authority ................................................................................................................ 18 Waiver of Jury. ....................................................................................................... 18 Additional Conditions to Lease ............................................................................. 18 Lease Guaranties .................................................................................................... 18 Counterparts ........................................................................................................... 18 Tenant's Termination Right ................................................................................... 18 Exhibits.....'. ............................................................................................................. 18 HOUSTON_I~597454~3 14401-395 09/16/2002 Page iii OFFICE LEASE This Lease is made and entered into as of the day of October, 2002 ("Effective Date") by and between WELLS FARGO BANK TEXAS, NATIONAL ASSOCIATION, a national banking association and successor by merger to First State Bank of Texas ("Landlord"), and CITY OF DENTON ("Tenant"). WITNESSETH: ARTICLE 1. - BASIC LEASE PROVISIONS 1.1 Basic Lease Provisions. The following provisions set out various basic terms of this Lease and are sometimes referred to as the "Basic Lease Provisions." (a) Building Name: Address: Wells Fargo Bank Building 101 South Locust Denton, Texas 76201 (b) Land: The tract(s) of land described in Exhibit"A" attached hereto. (c) Floor(s): 5th Suite(s): 500 Rentable Area - Premises: Rentable Area - Building: 4,916 sq. fi. 72,091 sq. ft. (e) Tenant's Share: (0 Base Rent: N/A Lease Year Annual Base Rent 1 $66,000.00 2 $67,644.00 3 $69,414.00 · 4 $71,086.00 5 $72,625.00 6 $74,625.00 7 $76,529.00 HOUSTON_B597454X3 14401-395 09/16/2002 Page 1 (g) Base Year: (h) Parking: (i) Term: N/A [See Exhibit "E"] 7 year(s), commencing on the Rent Commencement Date (J) Rent Commencement Expiration Date: Date: November 1, 2002 October 31, 2009, unless this Lease is earlier terminated in accordance with its provisions, in which event the Expiration Date is the date of the earlier termination. (k) Security Deposit: None Tenant's Broker(s): None La.lord's Broker(s): Wilcox Development (m) Permitted Use: General Office Purposes and any related uses necessary to the activities of Tenant's Economic Development Department and Public Transportation Office. (n) (o) (p) Renewal Options: Expansion Options: Tenant's Termination 1 5-year [See Exhibit "F"~ if applicable] None [See Exhibit "G"~ if applicable] Rights: [See Section9.1 (Substantial Destruction); Section l0.1 (Condemnation); Section 13.4 (Tenant's Remedies Upon Landlord's Default); Section 16.25 (Cessation of Funding)] (q) Addresses for notices due under this Lease: Landlord Tenant Wells Fargo Bank Texas, N.A. Attention: Mark D. Riley 801 Travis, 15th Floor (MAC#T5004-155) Houston, Texas 77002 with copy to: City of Denton Economic Development Attention: Linda Ratliff 102 South Locust, Suite 500 Denton, TX 76201 Taxpayer I.D. No. 75-6000514. per Request for Taxpayer Identification attached hereto as Exhibit "H" HOUSTON_B597454X3 14401-395 09/16/2002 Page 2 Wells Fargo Bank Texas, N.A. c/o Wells Fargo Bank Attn: Asset Manager Corporate Properties Group (MAC #E2064-072) 333 South Grand Avenue, 7th Floor Los Angeles, California 90071 (r) Sublandlord's address for payment of Rent due under this Sublease: Denton Building c/o Woodmont Companies P. O. Box 200912, Dept. 101374 Dallas, Texas 75320-0912 (s) Lease Guaranties: None ARTICLE 2. - LEASE OF PREMISES 2.1 Premises. Landlord leases to Tenant, and Tenant leases from Landlord, the space in the Building located on the floor(s) set out in subsection (c) of the Basic Lease Provisions, containing the Rentable Area set out in subsection (d) of the Basic Lease Provisions, and shown on the floor plan(s) attached hereto as Exhibit "A-I" (the "Premises"). The Building, Land, the parking garage, if any, and all other improvements and appurtenances to the Building, Land, and parking garage, if any, are referred to in this Lease collectively as the "Project". 2.2 Common Areas. Landlord grants to Tenant the non-exclusive right to use the General Common Areas, On-Floor Common Areas and Service Areas (as those terms are hereinafter defined). "General Common Areas" means those areas within (and measured from the mid-point of the walls enclosing) the Building's elevator machine rooms, main mechanical and electrical rooms, public lobbies, management office, if any, and other areas used in connection with the operation of the Building or to provide customary services to the Building and not leased to tenants. "On-Floor Common Areas" means all areas within (and measured from the mid-point of the walls enclosing) public corridors, elevator foyers, rest rooms, mechanical rooms, janitor closets, telephone and equipment rooms, and other similar facilities for the use of all tenants on the floor on which the Premises are located. In the case of a floor leased to more than one tenant, the allocation of the square footage of the On-Floor Common Areas on the floor is equal to the total On-Floor Common Areas on the floor multiplied by a fraction, the numerator of which is the Rentable Area of the portion of the Premises (excluding the allocation of the General Common Areas and excluding the allocation of the On-Floor Common Areas) located On the floor and the denominator of which is the Rentable Area of all office space leased or held for lease on the floor (excluding the allocation of General Common Areas and the allocation of the On-Floor Common Areas). "Service Areas" means the areas within (and measured from the mid-point of the walls enclosing) Building stairs, fire towers, elevator shafts, flUes, vents, stacks, pipe shafts, and vertical ducts and such other rooms not actually available to Tenant for its furnishings and personnel. Areas for the specific and exclusive use of Tenant and installed at the request of Tenant, such as special stairs or elevators, are not included within the definition of Service Areas. Tenant's pro rata share of the General HOUSTON_I',597454X3 14401-395 09/16/2002 Page 3 Common Areas and On-Floor Common Areas is included in the Rentable Area of the Premises specified in subsection (d) of the Basic Lease Provisions. 2.3 Rentable Area. The term "Rentable Area" means the area or areas determined in square feet, as follows: (i) the Rentable Area for the Building is the entire area bounded by the interior of the exterior walls of all tenant floors in the Building, excluding only the area contained within the Service Areas and (ii) the Rentable Area of the Premises is the area occupied exclusively by Tenant plus Tenant's pro rata share of the General Common Areas and the On-Floor Common Areas. Areas will be computed by measuring to the finished surface of the finished side of the corridor and other permanent walls, to the center of partitions that separate the space from adjoining tenant space, and to the inside finished surface of the dominant portion of the permanent outer Building walls, excluding any General Common Areas, On-Floor Common Areas, and Service Areas. For purposes of this Lease, the parties stipulate that the Rentable Area of the Building and the Rentable Area of the Premises are as set out in subsection (d) of the Basic Lease Provisions. ARTICLE 3. - TERM AND POSSESSION 3.1 Term. This Lease is effective on the date it is signed by both Landlord and Tenant. It will continue for the term set out in subsection (i) of the Basic Lease Provisions. This period of time, as it may be modified in accordance with this Lease, is called the "Term." Subject to the remaining provisions of this Article, the Term will commence on the Target Rent Commencement Date shown in subsection (j) of the Basic Lease Provisions and will expire, without notice to Tenant, on the Target Expiration Date shown in the same subsection. 3.2 2002 Rent Commencement Date. The Rent Commencement Date is November 1, 3.3 Leasehold Improvements. Landlord will install the leasehold improvements in the Premises in accordance with the provisions set out in Exhibit "C" to this Lease. 3.4 Confirmation of Commencement Date. N/A 3.5 Surrender. Tenant will vacate and surrender the Premises peaceably on the expiration or earlier termination of the Term. At the time of surrender, the Premises must be in good order and condition except for ordinary wear and tear and damage caused by fire, other casualty, or condemnation. All obligations of Tenant for the period of time prior to the expiration or earlier termination of the Term will survive the expiration or termination. 3.6 Holdover. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease, all of the obligations of Tenant under this Lease will continue, except that Tenant's occupancy will be as a tenant-at-sufferance, terminable at any time. If Tenant has not obtained Landlord's written consent to Tenant's continued occupancy during any holdover period, Tenant must pay daily rental at one and one-half times the per day Rent payable with respect to the last full calendar month immediately prior to the end of the Term or termination of this Lease, calculated on the basis of a 30-day month. In addition, Tenant will be liable to'Landlord for all damages (including consequential damages) sustained by Landlord as a result of Tenant's holding over. Page 4 HOUSTON_I~5974S&3 14401-395 09/16/2002 3.7 Removal of Tenant's Property. Tenant is the owner of all movable trade fixtures, equipment, furniture, and Supplies placed in or on the Premises by Tenant. Tenant has the right to remove that movable equipment, furniture, and supplies on or prior to termination of this Lease. At the request of Landlord, Tenant, at its own cost and expense, must remove all alterations, installations, additions, or improvements to the Premises made by Tenant after its initial occupancy and not approved in writing by Landlord. Tenant must repair any injury to the Premises or Building resulting from the removal(s). Unless Tenant has made prior arrangements with Landlord and Landlord has agreed in writing to permit Tenant to leave these items on the Premises, for an agreed period or otherwise, if Tenant does not remove the items prior to termination, Landlord has the right to have these items removed and stored at Tenant's expense (without liability to Tenant for any damage to the items occasioned by such removal or storage) and to have all damage to the Premises or Building resulting from the removal repaired at the cost of Tenant. ARTICLE 4. - RENT 4.1 Rent. Tenant agrees to pay rent ("Base Rent") to Landlord throughout the Term in the amount of the Annual Base Rent set out in subsection (f) of the Basic Lease Provisions. The term "Rent" means Base Rent and all other amounts required to be paid by Tenant under the terms of this Lease other than Base Rent. 4.2 Payment of Rent. Tenant must pay Base Rent to Landlord in annual installments in advance on November 1, 2002 and on November 1 of each subsequent calendar year during the Term. All Rent will be paid without notice, demand, abatement, deduction, or offset except as expressly set out in this Lease. The Rent payable by Tenant is consideration for this Lease and must be paid to Landlord in legal tender of the United States of America at the times and in the amounts set out in this Lease. Rent is payable to Landlord at the address specified in subsection (r) of the Basic Lease Provisions or to such other person or at such other address as Landlord may from time to time designate in writing. 4.3 Base Year Operating Expense. Intentionally deleted. 4.4 4.5 Adjustment of Base Rent. Intentionally deleted. Estimated Operating Expenses. Intentionally deleted. 4.6 Reconciliatio~t Intentionally deleted. 4.7 4.8 Occupancy Factor. Intentionally deleted. Operating Expenses. Intentionally deleted. 4.9 Excluded Operating Expenses. Intentionally deleted. 4.10 Late Charge. If Tenant fails to pay any regular monthly installment of Base Rent by the 15th day of the month in which the installment is due, or any other sum or money owed to Landlord within 15 days after the sum is due and owing to Landlord, Tenant must pay a late charge equal to 10% of the amount due for each and every 30-day period that the amount HOUSTON_I',597454X3 14401-395 09/16/2002 Page 5 remains unpaid (but in no event will the amount of the late charge exceed an amount based upon the highest legally permissible contract rate chargeable at any time by Landlord under the circumstances) to compensate Landlord for the administrative expenses incurred. If Tenant · makes a partial payment of past due amounts, the amount of the partial payment will be applied first to reduce all accrued and unpaid late charges, in inverse order of maturity, and then to reduce all other past due amounts, in inverse order of their maturity. 4.11 Personal Property Taxes. Tenant is responsible for ad valorem taxes on its .personal property and on the value of the leasehold improvements in the Premises to the extent that those improvements exceed Building standard. 4.12 Security Deposit. Intentionally Deleted. 4.13 Determination of Charges. Landlord and Tenant agree that each provision of this Lease for determining charges and amounts payable by Tenant is commercially reasonable and, as to each such charge or amount, constitutes a statement of the amount of the charge or a method by which the charge is to be computed for purposes of Section 93.004 of the Texas Property Code. ARTICLE 5. USE AND OCCUPANCY 5.1 Use. Tenant must use and occupy the Premises only for the purpose(s) specified in subsection (m) of the Basic Lease Provisions and for no other purposes. Tenant must not do, or permit anything to be done, in or about the Premises nor bring or keep anything in the Premises that will in any way increase the existing rate of, or affect, any fire or other insurance upon the Project or any of its contents, or cause cancellation of any insurance policy coveting all or any part of the Project or any of its contents. Tenant may not do anything, and must use reasonable efforts to cause its agents, employees, and contractors not to do anything, in or about the Premises that will in any way obstruct or interfere with the tights of other tenants or occupants of the Project or injure or annoy them or create unreasonable elevator loads or otherwise interfere with standard Building operations. Tenant will not permit any nuisance in, on, or about the Premises. 5.2 Rules and Regulations. Tenant, its servants, employees, agents, visitors, and licensees, will observe faithfully and comply strictly with the Rules and Regulations set out in Exhibit "D" and will abide by and conform to any additional or substitute rules and regulations for the Building subsequently adopted by Landlord after Tenant receives a copy of them. Landlord will use reasonable efforts to apply to the Rules and Regulations uniformly among the tenants in the Building. 5.3 Compliance With Laws. Tenant will comply with, and will use its reasonable efforts to cause its agents, employees, and contractors to comply with, all laws, ordinances, orders, rules, and regulations (state, federal, municipal, and other agencies or bodies having any jurisdiction over the Project) relating to the use, condition, or occupancy of the Premises, including, without limitation, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended by Superfund Amendments and Reauthorization Act of 1986, the Hazardous Materials Transportation Act, the Resources Conservation and Recovery Act of 1976, as amended, environmental laws of the State of Texas, and the regulations promulgated Page 6 HOUSTON_B597454"3 14401-395 09/16/2002 pursuant to such laws (collectively, "Environmental Laws") and the Americans With Disabilities Act ("Act") and all rules and regulations applicable to the Act. Landlord will comply with, and will use its reasonable efforts to cause its agents, employees, and contractors to comply with, all laws, ordinances, orders, rules, and regulations (state, federal, municipal, and other agencies or bodies having any jurisdiction over the Project) relating to the use, condition, or occupancy of the Project, excluding the Premises. 5.4 Access to Premises. Landlord, its agents, employees, and representatives, may enter the Premises at any time without notice in order to provide or perform emergency or routine maintenance in the Premises. Landlord, its agents, employees, and representatives may enter the Premises upon reasonable notice to Tenant under the circumstances for any purpose Landlord reasonably determines is necessary for the operation and maintenance of the Building, including, without limitation, exhibiting the Premises to prospective purchasers, mortgagees, or tenants. The notice described in the preceding sentence may be oral. 5.5 Quiet Enjoyment. If Tenant pays Rent and keeps and performs the conditions and covenants contained in this Lease required to be performed by Tenant, Tenant may peaceably and quietly enjoy the Premises for the Term. Tenant's occupancy and enjoyment of the Premises, however, is subject to (i) any underlying leases and mortgages, (ii) all applicable laws and other governmental and legal requirements, (iii) applicable insurance requirements and regulations, and (iv) the provisions of this Lease. ARTICLE 6. - LANDLORD'S SERVICES 6.1 Landlord's Services. Except as provided for to the contrary in this Lease, Landlord agrees to furnish, at Landlord's expense, the following services to Tenant: (a) Subject to curtailment as required by governmental laws, rules, or regulations, air conditioning and heating in season, at the temperatures, and in the amounts considered to be standard during normal Building hours, which presently are 7:00 a.m. to 6:00 p.m. on weekdays and 8:00 a.m. to 1:00 p.m. on Saturdays, exclusive of Holidays (as defined in the Rules and Regulations). (b) Janitorial services in the Premises and public portions of the Project for all days except Saturdays, Sundays, and Holidays. (c) Water at those points of supply provided for drinking, toilet, and lavatory purposes. (d) If.the Building contains elevators, automatic passenger elevator service and freight elevator service (in common with other tenants) for access to and egress from the Premises. Landlord may limit the number of elevators in operation on Sundays, Holidays, and during other non-business hours. (e) Electric lighting service for all public portions of the Project and Building standard lighting in the Premises. HOUSTON_lX597454X3 14401-395 09/16/2002 Page 7 (f) Electric energy for normal office equipment of normal electrical consumption, such as personal computers, typewriters, dictation machines, and calculators. 6.2 Services at Tenant's Cost. Intentionally deleted. 6.3 Electrical Services. If permitted by applicable law, Landlord has the right at any time and from time to time during the Term of this Lease to contract for electrical service to the Building with any electrical service provider ("Service Provider"). If Landlord selects a new Service Provider, Landlord will use commercially reasonable efforts to insure that the transition to the new Service Provider will not unreasonably disturb the operation of Tenant's business in the Premises. Tenant agrees to cooperate with Landlord and any Service Provider at all times and will allow Landlord and any Service Provider reasonable access to the Building's electric lines, feeders, risers, wiring, and any other machinery located within the Premises. 6.4 Telephone Services. Landlord will allow the local telephone service provider to install telephone service and to assign a location for telephone cabinets. Landlord will provide access to the roof of the Building for the location of a satellite dish to provide computer network connection for Tenant. Tenant's technical services employees will be permitted to connect and repair computer cables and connections. Landlord will permit local cable television representatives to connect cable service to the Premises. Notwithstanding anything to the contrary in the preceding sentences, Tenant may not make any penetrations in the roof without Landlord's prior written consent. 6.5 Interruption of Services. Landlord agrees to use commercially reasonable efforts to cause any company providing electricity, gas, water, or other services to the Building to furnish these utilities. Landlord will not be in default under this Lease if Landlord uses reasonable diligence to restore the services after Landlord receives written notice of a problem. The interruption in services will not be construed as an eviction of Tenant, nor will it entitle Tenant to any reduction, abatement, offset, or refund of Rent except as set forth in the remainder of this Section or be the basis of a claim for damages from Landlord. Notwithstanding anything to the contrary in this Section, if the interruption substantially handicaps, impedes, or impairs the normal use of the Premises by Tenant for the purposes authorized in this Lease and the interruption has not been restored within 5 days after delivery to Landlord by Tenant of a written notice setting forth, in reasonable detail, a description of the services not furnished, Tenant's sole remedy and relief, is an abatement of Base Rent for the portion of the 'Premises affected, beginning on the 6th day following Tenant's notice and continuing until the services have been restored. ARTICLE 7. - REPAIRS AND ALTERATIONS 7.1 Landlord Repairs. Landlord will maintain in good condition and repair (i) the roof, floor, subfloor, and foundation of the Building; (ii) the parking areas, parking structures, and landscaping within the Project; (iii) all load bearing and structural elements of the Building and the Premises; (iv) the General Common Areas, On-Floor Common Areas, and Service Areas (including, without limitation, all doors, corridors, windows, and other structures therein); (v) the structural soundness of exterior walls of the Building and the Premises; and (vi) all equipment (other than Tenant's Equipment) servicing the Premises. Landlord expressly reserves the right, in Page 8 HOUSTON_Ik597454X3 14401-395 09/16/2002 its sole discretion, to temporarily or permanently change the location of, close, block, or otherwise alter any entrances, corridors, skywalks, tunnels, doorways, driveways, or walkways leading to or providing access to the Building or otherwise to restrict the use of those areas of the Project provided Landlord's activities do not unreasonably impair Tenant's access to the · Premises. Landlord will not incur any liability whatsoever to Tenant as a consequence of any activity described in the preceding sentence, and none of those activities will create a breach of any of Landlord's obligations under this Lease. Landlord will take reasonable steps to notify Tenant within a reasonable time in advance of any alterations, modifications, or other actions of Landlord under this Section. Except as set out in this Section or elsewhere in this Lease, Landlord is not required to make any improvements to or repairs of any kind or character to the Premises during the Term of this Lease. 7.2 Tenant Repairs. Except as provided in Section7.1, Tenant, at Tenant's sole cost and expense, will maintain and repair the Premises. Subject to the provisions of Article 9 (regarding casualty), and Article 10 (regarding condemnation), Tenant must repair or replace any injury or damage to the Premises or Project, or their appurtenances or fixtures, caused by or resulting from the acts, omissions, or neglect of Tenant or Tenant's employees, servants, agents, assignees, or subtenants. All workmen, artisans, and contractors employed for these purposes must be obtained through or specifically approved by Landlord prior to the commencement of any work. If Tenant fails to repair or replace any damage to the Premises or Project resulting from the negligence or intentional act of Tenant, its employees, servants, agents, assignees, or subtenants, within 30 days following written notice from Landlord of the need for any repairs, Landlord may, but is not obligated to, cause the maintenance, repair, or replacement to be done. Tenant must reimburse Landlord for all reasonable costs related thereto within 30 days following written demand. 7.3 Alterations. Tenant will not make any alterations, installations, additions, or improvements in, on, or to any structural portion of the Premises under any circumstances. Tenant will not make any alterations, installations, additions, or improvements in, on, or to any other portion of the Premises without Landlord's prior written consent. All work must be performed in a manner, and by workmen and contractors, satisfactory to Landlord. All alterations, installations, additions, or improvements (including, but not limited to, paneling, partitions, and fixtures) made by or for Tenant to the Premises, at Landlord's option, will remain in, and be surrendered with, the Premises and, subject to Section 3.6 of this Lease, will become the property of Landlord at the expiration or termination of this Lease or the termination of Tenant's right to possession of the Premises. Nothing contained in this Section will preclude Tenant from hanging pictures, paintings, plaques, and similar items on the walls of the Premises. These items will remain the personal property of Tenant and may be removed by Tenant upon the expiration or earlier termination of this Lease. ARTICLE 8. - INSURANCE AND INDEMNITY 8.1 Landlord's Insurance. Landlord will insure the Building (excluding Tenant's goods, furniture, or property placed in the Premises and non-Building standard improvements) and will maintain liability and other insurance in the amounts Landlord, in its sole discretion, determines is appropriate. So long as Landlord is Wells Fargo Bank Texas, N.A., Landlord has the right to self insure in lieu thereof. Page 9 HOUSTON_B597454X3 14401 o395 09/16/2002 8.2 Tenant's Insurance. Landlord accepts Tenant's self insurance as adequate, and Tenant agrees to maintain its current self insurance program on the Premises during the Term of this Lease. 8.3 8.4 Waiver of Claims. Intentionally deleted. Indemnity by Tenant. Intentionally deleted. ARTICLE 9. - FIRE OR OTHER CASUALTY 9.1 Substantial Destruction. If (i)either the Premises or the Building is totally destroyed by fire or other casualty or damaged so that rebuilding cannot reasonably be substantially completed within 150 days after Landlord's receipt of written notification of the damage or (ii) the Building is damaged to the extent that it is unsuitable for use in a manner comparable to its use prior to the damage and the damage cannot be repaired and the Building restored to that use within 150 days from the date of the damage, either party may terminate this Lease upon written notice to the other within 30 days after both parties are notified as to the length of the period required to rebuild or repair the Building. If the Lease is terminated, the Rent will be abated for the unexpired portion of the Lease, effective as of the date of the damage. 9.2 Partial Destructioix If this Lease is not terminated pursuant to Section 9.1, Landlord will proceed with reasonable diligence to rebuild or repair the Building, Premises, and other improvements to substantially the same condition in which they existed prior to the damage. If Tenant's use of the Premises is materially impaired because of the damage, the Rent payable under this Lease during the period of impairment will be equitably reduced based on the degree to which Tenant's use of the Premises is impaired. The reduction in the Rent will continue until the earlier to occur of the date (i) Landlord tenders possession of the damaged portion of the Premises to Tenant or (ii) Tenant resumes full operation of its business at the Building. Landlord is not required to expend funds in excess of any insurance proceeds received by Landlord for the repair or restoration. Landlord's obligation to rebuild or restore under this Section is limited to restoring the Premises and Building to substantially the condition in which they existed prior to the damage, exclusive of improvements for which Tenant is responsible under the terms of this Lease. Promptly following Landlord's completion of its work, Tenant, at its sole cost and expense, must proceed with reasonable diligence to restore those improvements for which Tenant is responsible under this Lease to substantially the condition in which they existed prior to the damage. 9.3 Reconstructio~t 'If Landlord elects to repair and reconstruct as provided in Section9.2 of this Lease, Landlord will use reasonable efforts to effect the repairs and reconstruction in a manner that does not unreasonably interfere with Tenant's occupancy. ARTICLE 10. - CONDEMNATION 10.1 Condemnatio~t If all or substantially all of the Premises is taken by eminent domain or for any public or quasi-public use or purpose, this Lease will terminate on the date the condemning authority takes possession. If only a portion of the Project other than the Premises is taken, this Lease, at Landlord's election, either will (i) terminate on the date the condemning authority takes possession or (ii) continue in full force and effect. If only a part of the Premises Page 10 HOUSTON_I',597454~3 14401-395 09/16/2002 is taken and the part remaining will not permit Tenant to continue to operate its business from the Premises, Tenant may terminate this Lease effective as of the date the condemning authority takes possession. If Tenant elects to terminate, it must provide Landlord with written notice within 30 days 'following the date Tenant receives notice of the taking. If Tenant does not elect to terminate the Lease, this Lease will continue in full force and effect as to that part of the Premises not taken with Base Rent being reduced (from and after the date of the taking of possession) in the proportion that the number of square feet of Rentable Area in the Premises taken, if any, bears to the total number of square feet of Rentable Area contained in the Premises immediately prior to the taking. Landlord will notify Tenant of its election within 30 days after the date of the taking. If Landlord elects to continue this Lease, Landlord will proceed with all reasonable diligence to restore the Premises to substantially its former condition. Landlord is not required, however, to spend more than the amount received by Landlord as compensation for the taking. All rights and obligations of Tenant under this Lease will terminate as of the date of the taking of possession. taking. Term. 10.2 Awards. Landlord is entitled to any awards paid or made in connection with any Tenant has no claim against Landlord for the value of any unexpired portion of the ARTICLE 11. - SUBORDINATION AND ATTORNMENT 11.1 Subordination. This Lease is subject and subordinate to any ground or master leases affecting the Project or the Building, to all mortgages now or hereafter encumbering the Project, and to all renewals, modifications, consolidations, replacements, enlargements, and extensions of any those leases and mortgages unless the lessor or mortgagee elects to make this Lease superior to its lease or mortgage. The provisions of this Section are self-operative and require no further consent or agreement by Tenant. Tenant agrees, however, to execute any consent or agreement requested by any lessor or mortgagee in connection with this Section. 11.2 Attornment. If any lease or mortgage is terminated or foreclosed, as the case may be, this Lease (at the option of the lessor under the lease or the purchaser at the foreclosure sale, as the case may be) will not terminate or be terminable by Tenant by reason of the termination or foreclosure. Tenant must (if requested to do so) attom to the lessor under the lease or the purchaser at the foreclosure sale, as the case may be. 11.3 Lender Requests. If, in connection with financing or refinancing for the Building or with any ground or underlying lease, the lender, lessor, or financier requests reasonable modifications in this Lease, Tenant may not unreasonably withhold, delay, or defer its consent to the changes if the modifications do not increase the obligations of Tenant under this Lease or materially adversely affect the leasehold interest created by this Lease or Tenant's use and enjoyment of the Premises. ARTICLE 12. - ASSIGNMENT AND SUBLETTING 12.1 Assignment. Tenant not assign its rights under this Lease or sublet or license all or any portion of the Premises without Landlord's prior written consent. If Tenant desires to assign this Lease or sublet or license all or any portion of the Premises, Tenant must notify Landlord in writing and must state the name of the proposed assignee, sublessee, or other Page 11 HOUSTON_ I X597454~3 14401-395 09/16/2002 transferee and the terms of the proposed assignment, sublease, or transfer. Tenant also must provide financial information on, and state the nature and character of the business of, the proposed assignee, sublessee, or transferee. Within 30 days following receipt of the notice, · Landlord, at its option, may retake possession of the Premises and terminate this Lease as of the date on which the proposed assignment, sublease, or other transfer was to become effective. If Landlord fails to respond to the notice within the 30-day period, Landlord will be deemed to have rejected Tenant's request. The following are considered assignments for purposes of this Section: (i) any change in a majority of the voting rights or other control rights of any corporate tenant that is not registered on a national exchange or that is not required to register its stock with the Securities and Exchange Commission under Section 12(g) of the Securities Exchange Act of 1934 and (ii) any transfer of a general partnership interest in any tenant that is a partnership. 12.2 Excess Rent. Intentionally deleted. 12.3 Tenant's Liability. If Landlord consents to an assignment or sublease, Tenant remains directly and primarily liable for the performance of all of the covenants, duties, and obligations of Tenant under this Lease, and Landlord may enforce the provisions of this Lease against Tenant or any permitted assignee or sublessee without demand upon or proceeding in any way against any other person. 12.4 No Waiver. If Landlord consents to a particular assignment or sublease, that consent may not be considered a consent to any other or subsequent transaction. If this Lease is assigned or if the Premises are subleased without the permission of Landlord, Landlord nevertheless may collect rent from the assignee or sublessee and apply the net amount collected to the Rent payable under this Lease without waiving any provisions of this Lease or releasing Tenant from the performance of the obligations of Tenant under this Lease. All subleases and assignments are subordinate and subject to the provisions of this Lease and terminate automatically upon the expiration or termination of this Lease or the termination of Tenant's fight to possession under this Lease. ARTICLE 13. - DEFAULT AND REMEDIES 13.1 Tenant Default. Each of the following constitutes a "Default" by Tenant: (a) Tenant fails to pay all or any part of the Rent within 10 days of the date (b) Tenant fails to fulfill or perform, in whole or in part, any of its obligations under this Lease (other than the payment of Rent) within 30 days following written notice to Tenant from Landlord. (c) Tenant abandons all or any portion of the Premises. (d) A receiver, trustee, or liquidator of the property of Tenant is appointed by any court having jurisdiction over Tenant or Tenant voluntarily institutes proceedings for the appointment of a receiver of the property of Tenant and the receiver, trustee, or liquidator appointed is not discharged within 90 days after the appointment. Page 12 HOUSTON_ 1X597454X3 14401-395 09/16/2002 (e) Tenant makes an assignment for the benefit of Tenant's creditors or admits in writing Tenant's inability to pay its debts generally as they may become due. 13.2 Landlord's Rights Upon Default. If a Default occurs, Landlord may exercise one or more of the following remedies at any time thereafter prior to the curing of the Default without waiving any of Landlord's other rights under this Lease or available to Landlord at law or in equity (Landlord's rights being cumulative): (a) Terminate this Lease. (b) Terminate Tenant's right to possession without terminating this Lease. (c) Without court proceedings, re-enter and repossess the Premises and remove all persons and property from the Premises and/or alter any locks and other security devices without providing Tenant with a new key. If Landlord elects to terminate this Lease, it may treat the Default as an entire breach of this Lease; and Tenant will be liable to Landlord for damages equal to (i) the cost of recovering and reletting the Premises, including, without limitation, the reasonable cost of remodeling the Premises with Building standard improvements and leasing commissions attributable to the unexpired portion of the Term; (ii) all unpaid Rent and other amounts earned or due as of the termination date; and (iii) the discounted present value of the amount by which the Rent for the remainder of the Term exceeds the then net fair market rental value of the Premises for the same period of time. If Landlord elects to terminate Tenant's right to possession of the Premises without terminating this Lease, Landlord may rent all or any portion of the Premises for the account of Tenant to any person or persons, for such rent, and on such terms and conditions as Landlord deems appropriate. Tenant will be liable to Landlord for the amount, if any, by which the Rent for the unexpired balance of the Term exceeds the amount received by Landlord from the reletting, after deducting the reasonable costs of repossession, reletting, remodeling, and other expenses incurred by Landlord. Tenant must pay this amount in monthly installments on the first day of each remaining month of the Term. Landlord is not liable for failure to collect the rent due under the reletting, and Tenant is not entitled to any excess rents received by Landlord. All rights and remedies of Landlord are cumulative and not exclusive. Tenant agrees to surrender possession of the Premises. 13.3 Landlord Default. A "Landlord Default" occurs if Landlord fails to fulfill or perform, in whole or in part, any of its obligations under this Lease within 30 days following written notice to Landlord from Tenant specifying the nature of the default or, having so commenced, thereafter fails to diligently and continuously (subject to force majeure) cure the default. . 13.4 Tenant's Remedies. If a Landlord Default occurs, Tenant may exercise one or more of the following remedies at any time prior to the curing of Landlord's Default without waiving any of Tenant's other rights under this Lease or available to Tenant at law or in equity (Tenant's rights being cumulative): (a) Perform Landlord's obligations and offset the reasonable costs and expenses incurred by Tenant in doing so against future Rent as it becomes due. Page 13 HOUSTON_I~597454~3 14401-395 09/16/2002 (b) Sue Landlord for damages suffered by Tenant as a consequence of Landlord's default. (c) Terminate this Lease. 13.5 Reletting. Tenant acknowledges that Landlord has entered into this Lease in reliance upon, among other matters, Tenant's agreement and continuing obligation to pay all Rent due throughout the Term. If a Default occurs under this Lease, Tenant agrees that Landlord has no obligation to: (i) relet the Premises prior to leasing any other space in the Building; (ii) relet the Premises (A) at a rental rate or otherwise on below-market terms , as then determined by Landlord in its sole discretion; (B) to any entity not satisfying Landlord's then standard financial credit risk criteria; (C) for a use that (1) is not consistent with Tenant's use prior to Default, (2) would violate then applicable law ol- any restrictive covenant or other lease affecting the Building; (3) would impose a greater burden on the Building's parking, HVAC, or other facilities; and or (4) would involve any use of Hazardous Substances; (iii)divide the Premises, install new demising walls, or otherwise reconfigure the Premises to make them more marketable; (iv) pay any leasing or other commissions arising from the reletting unless Tenant unconditionally delivers to Landlord good and sufficient funds to pay the full amount of the commissions; and/or (vi) relet the Premises if Landlord would be required to alter other portions of the Building, make ADA-type modifications, or otherwise install or replace any sprinkler, security, safety, HVAC or other Building operating systems. 13.6 Bankruptcy. If the Default is one described in subsections (d) or (e) of Section 13.1, any assumption and assignment must conform with the requirements of the Bankruptcy Code providing, in part, that Landlord must be provided with adequate assurances (i) of the source of Rent and other consideration due under this Lease; (ii) that the financial condition and operating performance of any proposed assignee and its guarantors, if any, is similar to the financial condition and operating performance of Tenant and its guarantors, if any, as of the date of execution of this Lease; (iii) that any assumption or assignment is subject to all of the provisions of this Lease (including, but not limited to, restrictions as to use) and will not breach any use provision contained in any other lease for space in the Project, financing agreement, or other agreement relating to the Project; and (iv) that any assumption or assignment will not disrupt any tenant mix or balance in the Project. For purposes of this Section, "adequate assurance" means that the following minimum requirements must be satisfied: (1) all monetary defaults must be cured within 10 days after the date of assumption; (2) all actual monetary losses incurred by Landlord (including, but not limited to, reasonable attorneys' fees) must be paid to Landlord within 10 days after the date of assumption; and (3) within 10 days after the date of assumption Landlord must receive a security deposit in the amount of 6 months Base Rent (using the Base Rent in effect for the first full month immediately following the assumption) and an advance prepayment of Base Rent in the amount of 3 months' Base Rent. If this Lease is assumed in accordance with the requirements of the Bankruptcy Code and this Lease is subsequently assigned, in addition to any other reasonable obligations that Landlord may require and in order to provide Landlord with the assurances contemplated by the Bankruptcy Code, Landlord must be provided with a) financial statements of the proposed assignee prepared in accordance with generally accepted accounting principles consistently applied, though on a cash basis, that reveal a net worth in an amount sufficient, in Landlord's reasonable judgment, to assure the future performance by the proposed assignee of Tenant's obligations under this Lease Page 14 HOUSTON_B597454X3 14401 o395 09/16/2002 or b) a written guaranty by one or more guarantors with financial ability sufficient to assure the future performance by the proposed assignee of Tenant's obligations under this Lease. The guaranty must be in form and content satisfactory to Landlord and must cover the performance of all of Tenant's obligations under this Lease. 13.7 Costs. If a Default occurs, Tenant must reimburse Landlord on demand for all costs reasonably incurred by Landlord in connection with the enforcement of this Lease, including, but not limited to, reasonable attorneys' fees, court costs, and related costs, plus interest on those amounts at the lesser of 18% per annum or the maximum rate of interest at which Tenant may legally contract in the State of Texas from the date the costs are paid by Landlord until Tenant reimburses Landlord. 13.8 Landlord's Right to Perform. If Tenant fails to perform any one or more of its obligations under this Lease, in addition to the other rights of Landlord under this Lease or at law or equity, Landlord may, but is not obligated to, perform all or any part of the obligations of Tenant. Upon receipt of a demand from Landlord, Tenant must reimburse Landlord for (i) the cost to Landlord of performing the obligations and reasonable profit and overhead, plus (ii) interest on that amount at the maximum rate of interest at which Tenant may lawfully contract in the State of Texas from the date the costs are paid by Landlord until Tenant reimburses Landlord. If the obligation performed by Landlord involves any repair or maintenance or the removing by Landlord of any improvements to the Premises or the use of the Premises not authorized by this Lease, the reasonable profit and overhead is agreed to be 5% of the cost to Landlord of performing such obligation. 13.9 Non-Waiver. Landlord's failure to seek redress for violation of, or to insist upon the strict performance of, any covenant or condition of this Lease will not prevent Landlord from exercising any of its remedies for a subsequent act or omission. Landlord's receipt of Rent, with or without knowledge of the breach of any provision of this Lease, will not waive the breach (except a breach of Tenant's obligation to pay the amount of Rent Landlord actually received), will not reinstate this Lease or Tenant's right of possession if either or both have been terminated, and will not otherwise affect any notice, election, action, or suit by Landlord. Landlord will not be considered to have waived any provision of this Lease unless the waiver is in a writing signed by Landlord. Landlord will not be considered to have terminated this Lease or accepted surrender of this Lease as a result of an act or thing done by Landlord. Termination or acceptance of a surrender of the Premises is valid only if it is contained in a writing signed by Landlord. 13.10 Landlord's Liability.' Landlord is not personally or corporately liable for any judgment against Landlord relating to this Lease, and Tenant agrees to look solely to the then current Landlord's intereSt in the Project for the recovery of any judgment. Landlord will not be liable or responsible to Tenant for any loss or damage to any property or person occasioned by theft, fire, act of God, public enemy, injunction, riot, strike, insurrection, war, court order, requisition or order of governmental body or authority, or any cause beyond Landlord's control, or for any damage or inconvenience which may arise through repair or alteration of any part of the Building. HOUSTON_ 1 ~597454X3 14401-395 09/16/2002 Page 15 ARTICLE 14. - LANDLORD'S LIEN 14.1 Landlord's Lie~t Landlord expressly waives its statutory landlord's lien on all fixtures, equipment, and personal property (tangible and intangible) placed by Tenant in or on the Premises. ARTICLE 15. - ASBESTOS DISCLOSURE 15.1 Disclosure. Landlord has obtained a Building Materials Survey with respect to the Building prepared by Lambert and Associates, Inc. ("Lambert") dated September 19, 2001 ("Asbestos Report"), indicating that there is friable asbestos containing material ("ACM") on the 7th and 9th floors of the Building and in the Basement. Lambert has established an Operation and Maintenance Program for the Building. By its execution of this Lease, Tenant acknowledges that it has received a copy of the Asbestos Report and the Operation and Maintenance Program. ARTICLE 16. MISCELLANEOUS 16.1 Amendment. This Lease may not be modified or amended, in whole or in part, except in a writing signed by all parties to this Lease. 16.2 Severability. If any term or provision of this Lease is held to be invalid or unenforceable by a final judgment of a court of competent jurisdiction, the remaining terms and provisions of this Lease will not be affected. 16.3 Estoppels. At the request of either party, Landlord and Tenant agree to execute and acknowledge a certificate stating, among other things, the Rent Commencement Date and Expiration Date, whether this Lease is in full force and effect, whether any amendments or modifications exist, and whether there are any defaults under the Lease. 16.4 Successors. Subject to the limitations and conditions set out elsewhere in this Lease, this Lease is binding upon and inures to the benefit of the parties to the Lease and their respective heirs, legal representatives, successors, and permitted assigns and/or sublessees. The term "Landlord", as used in this Lease, means only the owner of the Project at the time in question so far as the performance of any covenants or obligations on the part of Landlord under this Lease are concerned. If title to the Project is transferred, the party conveying title is relieved of all liability and obligations of the Landlord arising under this Lease from and after the date of the transfer if the transferor and transferee jointly notify Tenant, in writing, of the transfer of the Project, including, the address of the transferee for notice purposes. 16.5 Notice. Except as otherwise provided in this Lease, any statement, notice, demand, or other communication that Landlord or Tenant gives to the other is sufficient if the notice is (i) hand delivered, (ii) sent by registered or certified mail, return receipt requested, or (iii) delivered by third party commercial delivery service, in each instance addressed at the address(es) specified in subsection (q) of the Basic Lease Provisions or at other address(es) designated by the other party in accordance with this Section. Each notice given in accordance with this Section is effective when actually received by the addressee with written evidence of receipt if it is hand delivered or delivered by third party commercial delivery service or when deposited in a receptacle of the United States mail if it is mailed. Page 16 HOUSTON_I~597454~3 14401-395 09/16/2002 16.6 Captions. The captions in this Lease are inserted as a matter of convenience for reference purposes. They do not define, limit, or describe the scope or the intent of any provision of this Lease. 16.7 Number and Gender. All genders used in this Lease include the other genders. The singular includes the plural, and the plural includes the singular. 16.8 Governing Law. This Lease will be construed and enforced in accordance with the internal laws of the State of Texas without regard to choice of law or conflicts of law rules. Venue of any suit involving a dispute over this Lease will be in a court of competent jurisdiction sitting in Denton County, Texas. 16.9 Inability to Perform. Notwithstanding Section 15.13, whenever a period of time is prescribed in the Lease for the taking of any action (other than monetary obligations) by Landlord or Tenant, neither Landlord nor Tenant is liable or responsible for any delays due to strikes, riots, acts of God, shortages of labor or materials, war, governmental laws, regulations or restrictions, or any other cause whatsoever beyond the control of the affected party, and any days of delay that result from any of these events will be excluded from the computation of the time period. Furthermore, the nonperformance or delay in performance by the affected party does not constitute a breach or default under this Lease, constitute a total or partial eviction, constructive or otherwise, by Landlord or Tenant, nor give rise to any claim against either Landlord or Tenant for damages. 16.10 Broker. Landlord and Tenant represent and warrant to the other that they have dealt only with the Broker(s) named in subsection (1) of the Basic Lease Provisions in connection with this Lease and that, insofar as they know, no other broker negotiated or is entitled to any commission in connection with this Lease. 16.11 Entire Agreement. All Exhibits, Addenda, and Schedules attached to this Lease are incorporated in and made a part of this Lease for all purposes. This Lease, together with all Exhibits, Addenda, and Schedules attached to it, contains the entire agreement between Landlord and Tenant with respect to the subject matter in this Lease. 16.12 Construction. The terms and provisions of this Lease may not be construed against or in favor of either party merely because that party is the "Landlord" or the "Tenant" or because that party or its counsel drafted this Lease. 16.13 Time of the Essence. Time is of the essence of this Lease and each and all of its provisions in which performance is a factor. 16.14 Parking. Tenant has the right to use the parking facilities of the Building, subject to Landlord's reasonable rules and regulations for the parking facilities, all as more particularly set out in Exhibit "E" to this Lease. 16.15 Attorneys' Fees. If either party defaults in the performance of any of the terms, agreements, or conditions contained in this Lease and the non-defaulting party places the enforcement of this Lease in the hands of any attorney, the prevailing party in the suit may recover its reasonable attorneys' fees from the other party. Page 17 HOUSTON_IX597454X3 14401 o395 09/16/2002 16.16 Conflict. If a conflict exists between the terms and provisions of this Lease and the terms and provisions of any Exhibit, Addendum, or Schedule to this Lease, the terms and provisions of the Exhibit, Addendum, or Schedule will control to the extent of any conflict. 16.17 Use of Name. Tenant may not use the name "Wells Fargo" for any purpose whatsoever except to reference the name of the Building, if applicable, in Tenant's business address (and then only in a conventional manner and without emphasis or display). Landlord may at any time and from time to time rename the Building. 16.18 Relocation. If Landlord determines to use the Premises for other purposes during the Term, Tenant agrees to relocate to other space in the Building provided the other space is of equal or larger size than the Premises. Landlord will pay Tenant's out-of-pocket expenses of moving and costs of reconstructing all Tenant-furnished and Landlord-furnished improvements. If Tenant is relocated, this Lease will continue in full force and effect without any change in the terms or other conditions, but with the new location substituted for the old location set out in subsection (c) of the Basic Lease Provisions and on Exhibit "A-l". 16.19 Tenant's Financial Statements. Upon request of Landlord, Tenant must deliver to Landlord the most recent financial statements of Tenant for a 12-month period, prepared in accordance with sound accounting principles, consistently applied, and certified by Tenant (if Tenant is a corporation, the chief financial officer of Tenant, or if Tenant is a partnership, the managing general partner of Tenant) as fairly presenting the financial condition and results of the operations of Tenant. 16.20 Authority. If Tenant is a corporation, partnership, or other entity, Tenant warrants that all consents or approvals required of third parties (including, but not limited to, its board of directors or partners) for the execution, delivery, and performance of this Lease have been obtained and that Tenant has the right and authority to enter into and perform its covenants contained herein. 16.21 Waiver of Jury. Intentionally deleted. 16.22 Additional Conditions to Lease. Intentionally deleted. 16.23 Lease Guaranties. · Intentionally deleted. 16.24 Counterparts. This Lease may be executed in multiple counterparts, each of which constitutes an original instrument, but all of which, when taken together, constitute one and the same agreement. 16.25 Tenant's Termination Right. If the City of Denton ceases for any reason to fund the Lease, Tenant may terminate this Lease by giving written notice to Landlord promptly following Tenant's receipt of notice of the termination of funding. The effective date of the termination will be September 30 of the year in which Tenant notifies Landlord that funding will cease. 16.26 Exhibits. The following Exhibits are attached to this Lease and are incorporated in it and made a part of it for all purposes. HOUSTON_ 1 x597454X3 14401-395 09/16/2002 Page 18 SEP-17-02 TUE 10:28 ~M HOU CORP PROPERTIES FflX NO. 7132507915 P. 02 Exhibit "A" Property Description Exhibit "A-I" Floor Plan of Premises Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" Exhibit "F" Exhibit "(3" Exhibit "H" Intentionally Deleted Work Letter Agreement Rules & Regulations Parking Provisions Renewal Option intentionally Deleted Intentionally Deleted IN WITNESS WHEREOF, Landlord and Tenant, through their duly aulhorized agents, have respeetlvely executed this Lease as of the day and year first above written. CITY OF DENTON By: Name:. Title: WELLS FARGO BANK TEXAS, N.A. a national bankin~ association Mark I5. Ril~Vic~ President HOUSTON_ l'd97454k3 Page 19 EXHIBIT "A " PROPERTY DESCRIPTION All that certain lot, tract or parcel of land situated in the City and County of Denton, State of Texas, being part of Lot No. One (1) in Block No. Twenty (20) of the Original Town of Denton, and being more particularly described as follows: BEGINNING at the Northwest comer of said block, said point being the intersection of the South line of East Hickory Street and the East line of Austin Avenue; THENCE South, with the West line of said Block No. 20 and East line of Austin Avenue, 120 feet to a comer; THENCE East, parallel with the South line of East Hickory Street, 55 feet to a comer; THENCE North, parallel with the East line of Austin Avenue 120 feet to a comer in the North line of Block No. 20 and in the South line of East Hickory Street; THENCE West with the South line of East Hickory and the North line of said Block No. 20, 55 feet to the Place of Beginning. HOUSTON_I ~597454~3 14401-395 09/16/2002 EXHIBIT "A" Page 20 1! I!1 I ! Ill" Il .ii EXHIBIT "B " CONFIRMATION OF RENT COMMENCEMENT DATE AND ACCEPTANCE OF PREMISES Intentionally Deleted HOUSTON_IX597454',3 14401-395 09/16/2002 EXHIBIT "B " Page 22 EXHIBIT "C" WORK LETTER AGREEMENT In consideration of Tenant's entering into the Lease, and in consideration of the mutual covenants hereinafter contained, Landlord and Tenant do mutually agree as follows: 1. Representatives. Landlord appoints Don Dalton ("Landlord's Representative") to act as Landlord's Representative in all matters covered by this Work Letter. The address of Landlord's representative is The Woodmont Co., 2100 West 7th Street, Fort Worth, Texas 76107, PH: (817) 377-7736, FAX (817) 377-7769. Tenant appoints Linda Ratliff, Director of Economic Development ("Tenant's Representative") to act as Tenant's Representative in all matters covered by this Work Letter. The address of Tenant's representative is 100 West Oak Street, Suite 101, Denton, Texas 76201 PH (940) 349-8305, FAX (940) 349-7239. All inquiries, requests, instructions, authorizations, and other communications with respect to the matters covered by this Work Letter will be made to Landlord's Representative or Tenant's Representative, as the case may be. Either party may change its Representative under this Work Letter at any time by giving 10 days' written notice to the other party. 2. Plans. Tenant must cooperate with and furnish Landlord and Landlord's Architect all information reasonably necessary for the preparation of the Preliminary Plans, including, without limitation, any changes then known to Tenant. Upon receipt of all required information, Landlord's Architect will prepare the Preliminary Plans and submit them, together with a cost estimate, for Tenant's approval within 10 days thereafter. Tenant must approve or disapprove the Preliminary Plans within 10 days after receipt of the Preliminary Plans from Landlord. If Tenant disapproves the Preliminary Plans, Landlord and Tenant promptly will meet in an attempt to resolve any dispute regarding the Preliminary Plans. The Preliminary Plans, as approved by Landlord and Tenant, are referred to as the "Final Plans." 3. Landlord's Work. Landlord agrees to supply and install and otherwise undertake to complete the leasehold improvements described in the Final Plans ("Landlord's Work"). 4. Changes. Landlord's obligation to prepare the Premises for Tenant's occupancy is limited to completion of the Landlord's Work described in this Exhibit. Landlord is not required to furnish, construct, or install any items not shown in this Exhibit. If Tenant requests any change, addition, or alteration ("Changes") in the Preliminary Plans, Final Plans, or in the construction of Landlord's Work, Tenant must notify Landlord in writing of the requested change, addition, or alteration. Promptly thereafter, Landlord will notify Tenant of its approval or disapproval of the Change(s) and, if the Change(s) are approved, give Tenant an estimate of the cost of the Change(s) and the resulting delay in the delivery of the Premises to Tenant. Within 5 days after receipt of the estimate, Tenant must give Landlord written notice whether Tenant elects to proceed with the Change(s). If Tenant notifies Landlord in writing that Tenant elects to proceed with the Change(s), Landlord will make the Change(s), at Tenant's expense. In lieu of giving formal written notice, as set out above, the parties may indicate their agreement regarding any Change(s) by making the Change(s) on the Final Plans and having both parties date and sign or initial each of the Change(s). If Tenant fails to notify Landlord of its election within the 5 day period, Landlord may, at its sole election, either (i) make the Change(s) at Tenant's expense or (ii) complete Landlord's Work without making the Change(s). Tenant must pay or reimburse Landlord for the costs of any Change(s) made within 15 days after billing. EXHIBIT "C" Page 23 HOUSTON_I X597454X3 14401-395 09/16/2002 5. Rent Commencement. Notwithstanding the date set out in subsection (j) of the Basic Lease Provisions but subject to Paragraph 7 of this Exhibit, the Rent Commencement Date will not occur until Landlord has substantially completed all of Landlord's Work. 6. Tenant Delay. The Rent Commencement Date and Expiration Date will not be postponed or delayed as the result of Tenant Delay. Each calendar day of delay will correspond to one day of Tenant Delay. The term "Tenant Delay" includes any of the following: (a) Tenant's failure to fumish Landlord and Landlord's Architect all information reasonably necessary for the preparation of the Preliminary Plans; or (b) Tenant's failure to approve the Preliminary Plans on or before the date specified in this Exhibit; or (c) Tenant's request for materials, finishes, or installations other than Landlord's Building Standard; or (d) Tenant's changes in the Final Plans once approved by Tenant; or (e) The performance and/or completion of work by a person, firm, or corporation employed by Tenant. (0 Any other delay reasonably attributable to the acts or omissions of Tenant, its employees, agents, architect/designers, consultants, and/or contractors. 7. Notices. Any notice or other communication must be in writing and must be given in the manner required by the notice provisions of the Lease. Copies of the notices must be delivered to Landlord's Representative or Tenant's Representative (as applicable) at their addresses set out in this Exhibit. 8. Conflicts and Conformity With Lease. Any rights and obligations of Landlord and Tenant relative to any matter not stated in this Exhibit are governed by the Lease. If there is any conflict between this Exhibit and the Lease, the provisions of this Exhibit are applicable. As used in this Exhibit, all capitalized terms not defined in this Exhibit have the meaning set out in the Lease. 9. Construction Access. Landlord will permit Tenant and its agents to enter the Premises prior to the Rent Commencement Date for the purpose of performing any work to be performed by Tenant through its own contractors (the selection of Tenant's contractors being subject to Landlord's prior written approval). Tenant's access to the Premises prior to the Rent Commencement Date must be in a manner, on terms and conditions, and at times satisfactory to Landlord. The foregoing license to enter the Premises prior to the Rent Commencement Date is conditioned upon, among other things, (i) Tenant's contractors and their subcontractors and employees working in harmony, and not interfering, with the work being performed by Landlord and its contractors and (ii) Tenant's and its contractors' and subcontractors' maintaining worker's compensation and commercial general liability and property damage insurance in amounts and with companies and on forms satisfactory to Landlord, with certificates of insurance being furnished to Landlord prior to proceeding with any such entry. If Tenant's entry or the entry by any of Tenant's agents or contractors causes disharmony or interferes with the work being performed by Landlord, this license may be withdrawn by Landlord upon 24 hours' written EXHIBIT "C" Page 24 HOUSTON_I~597454~3 14401-395 09/16/2002 notice to Tenant. Notwithstanding any other provisions of the Lease to the contrary, Landlord is not liable in any way for any injury, loss, or damage that occurs to work being performed by Tenant in the Premises. 10. Allowance. All Landlord's Work will be done at Tenant's expense, including building permit fees, a construction management fee of 5% of the cost of Landlord's Work, other fees applicable to Landlord's Work, architectural and engineering expenses, if applicable, and other expenses relating to the Landlord's Work. Landlord, however, will provide Tenant with an allowance of $41,786.00 ("Allowance"). If the cost of Landlord's Work exceeds the Allowance, Tenant must pay the excess to Landlord on demand. If the cost of Landlord's Work is less that the Allowance, Tenant is not entitled to any portion of the unexpended Allowance. 11. Other. Landlord agrees to leave the bulletin board, projector screen, and mobile file system in the Premises during the Term of the Lease. HOUSTON_I~597454X3 14401-395 09/16/2002 EXHIBIT "C" Page 25 EXHIBIT "D " RULES AND REGULATIONS 1. Tenant must not place a load on any floor of the Premises that exceeds the load per square foot that the floor was designed to carry and that is allowed by law. Landlord has the right to prescribe the weight, position, and manner of installation of safes or other heavy equipment. The time, routing, and manner of moving safes or other heavy equipment is subject to prior approval by Landlord. 2. Tenant may not place, leave, or discard any rubbish, paper, articles, or objects of any kind whatsoever outside the doors of the Premises or on the Project. 3. Tenant may not keep animals (other than seeing-eye dogs) or birds in or about the Premises or the Project. 4. Canvassing, soliciting, or peddling in and around the Premises or the Project is prohibited and Tenant will cooperate with Landlord in preventing these activities, 5. Landlord is not required to establish security policies or provide security for the Project. If Landlord does prescribe security policies, however, all persons in or entering the Premises or the Project must comply with those policies. If Tenant desires either specific security for the Premises or additional security at the Project, Tenant may contract for the service at Tenant's sole cost and expense. Any contractor providing the security service, however, must be approved in writing by Landlord. 6. In case of invasion, mob activity, riot, or other civil disturbance, Landlord reserves the right to prevent access to the Project by closing and locking the doors or taking other measures Landlord believes are necessary for the safety of the tenants and protection of the Project and property or persons in the Project. 7. Tenant must keep all doors to unattended areas in the Premises locked and otherwise exercise reasonable precautions to protect property from theft, loss, or damage within the Premises or elsewhere in the Project. Landlord is not responsible for the theft, loss, or damage of any property except in situations involving the gross negligence or willful misconduct of Landlord. 8. Landlord may exclude any person (other than Tenant's employees) from the Premises or the Project before and after the customary business hours for the Building. Any person in the Project will be subject to identification by employees and agents of Landlord. Unless Landlord's actions are found to be grossly negligent, Landlord is not responsible for any error with regard to the exclusion from, or admission to, the Project of any person. 9. Tenant may not cook or operate any form of restaurant, luncheonette, or cafeteria for the sale or service of food or beverages to its employees or to others without Landlord's prior written consent. This prohibition does not preclude Tenant from the preparation of food for luncheons, receptions, or other special functions sponsored by Tenant in the Premises or from operating a coffee bar or kitchen that contains a refrigerator, ice machines, microwave oven, and/or vending machines for its employees. HOUSTON_B597454B 14401-395 09/16/2002 EXHIBIT "D" Page 26 10. Tenant must not (i) bring or keep, or permit to be brought or kept, in or on the Premises or Project any flammable, combustible, corrosive, caustic, poisonous, or explosive substance, (ii) cause or permit any odors to permeate in, or emanate from, the Premises, (iii) use, or permit the Premises to be occupied or used, in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of light, radiation, magnetism, noise, odors, and/or vibrations. 11. With the exception of hanging art, photos, plaques, and similar personal items in the Premises, Tenant must not mark, paint, drill into, or in any way deface any part of the Project or the Premises except as permitted under any work letter attached to the Lease. Tenant may not install any resilient tile or similar floor covering in the Premises except with the prior approval of Landlord. The use of cement or other similar adhesive material is expressly prohibited. 12. Landlord will fumish 2 keys for each lock on the exterior doors to the Premises and will provide additional duplicate keys at Tenant's request and expense. All keys must be returned to Landlord upon the termination of this Lease, and Tenant must give to Landlord the explanations of the combinations of all safes, vaults, and combination locks remaining with the Premises. 13. Tenant must notify Landlord immediately if it becomes aware of (i) any defects in the Premises or in any of Landlord's fixtures or equipment located in the Premises or Project, (ii) any theft, unauthorized solicitation, or accident in the Premises or in the Project, or (iii) of any other emergency in the Project. 14. If Tenant desires any maintenance, repair, or other services from Landlord, it must send written notice or apply in person at the office of Landlord in the Building or at such other address designated by Landlord in the Lease. Employees of Landlord will not perform any work or do anything outside of their regular duties unless they have received specific instructions from the office of Landlord. 15. Business machines and mechanical and electrical equipment belonging to Tenant that cause noise, vibration, electrical or magnetic interference, or any other nuisance that may be transmitted to the structure or other portions of the Project or to the Premises to such a degree as to be objectionable to Landlord or that interfere with the use or enjoyment by other tenants of their premises or the public portions of the Project must be placed and maintained by Tenant, at Tenant's expense, in settings of cork, rubber, spring type, or other vibration eliminators sufficient to eliminate noise or vibration. 16. Tenant must not place, install, or operate within the Premises or any other part of the Project any engine, stove, or machinery, or must not conduct any mechanical operations in the Premises without the written consent of Landlord. 17. No portion of the Premises or any other part of the Project may at any time be used or occupied as sleeping or lodging quarters. 18. Tenant must at all times keep any portions of the Premises that are visible from public areas neat and orderly. HOUSTON_IX597454X3 14401-395 09/16/2002 EXHIBIT "D" Page 27 19. The toilet rooms, urinals, wash bowls, and other apparatus must not be used for any purpose other than that for which they were constructed, and no foreign substance of any kind whatsoever may be thrown into any of them. 20. Landlord reserves the right to exclude or expel from the Project any person who, in the judgment of Landlord, is intoxicated or under the influence of liquor or drugs. 21. permitted. Landlord will place directories in the Building, and no other directories are 22. Landlord reserves the right, without the approval of Tenant, to rescind, add to, and amend any rules and regulations, to add new rules or regulations, and to waive any rules or regulations with respect to any tenant or tenants so long as the action does not materially impair or detrimentally affect the operation of Tenant's business. If there is any conflict, inconsistency, or other difference between the terms and provisions of these rules and regulations and any lease now or hereafter in effect between Landlord and any tenant in the Building (including Tenant), the terms of the lease control. 23. For purposes of these rules and regulations, any reference to Tenant includes the employees, agents, servants, visitors, or licensees of Tenant. 24. The Holidays to be observed by the Building are: (i) New Year's Day; (ii) Good Friday; (iii) Memorial Day; (iv) Fourth of July; (v) Labor Day; (vi) Thanksgiving Day and the Friday following; (vii) Christmas Day; and (viii) any other holidays taken by tenants occupying at least ½ of the Rentable Area of office space in the Building. 25. Smoking is not permitted within the Premises or anywhere else within the Building. HOUSTON_IX597454X3 14401-395 09/16/2002 EXHIBIT "D " Page 28 EXHIBIT "E" PARKING PROVISIONS Landlord grants to Tenant a non-exclusive license to use the parking facilities located adjacent to and across the street from the Building. The Spaces will be located in the areas designated from time to time by Landlord for tenant parking. This license is subject to the terms and conditions set out in this Exhibit. 2. The Spaces may be used only for the purpose of parking automobiles for a term commencing on the Rent Commencement Date and terminating upon the expiration or termination of the Lease. 3. All automobiles (including all contents in the automobiles) are parked in the Spaces at the sole risk of Tenant, its employees, agents, invitees, and licensees. Landlord has no duty to insure any automobiles (or the contents of any automobiles), and Landlord is not responsible for their protection and security. Landlord is not liable for any property damage and/or personal injury that might occur as a result of, or in connection with, the parking of the automobiles in any of the Spaces, and Tenant agrees to indemnify and defend Landlord from and against any and all liabilities, costs, claims, expenses, and/or causes of action Landlord may incur in connection with, or arising out of, the use of the Spaces by Tenant or its employees, agents, invitees, or licensees pursuant to this Exhibit. 4. This Exhibit does not create a bailment between the parties to the Lease. The only relationship created between Landlord and Tenant regarding the Spaces is that of licensor and licensee, respectively. 5. Tenant must follow all of the rules and regulations of the Building, as amended from time to time. Upon the occurrence of any breach of the rules, any failure to pay when due all monthly rental fees due under this Exhibit, or any Default by Tenant under the Lease, Landlord may terminate this license by written notice to Tenant, in which event Tenant's right to use the Spaces automatically ceases. 6. Tenant is responsible for ensuring that its employees and agents do not park their cars in visitor parking spaces or in parking spaces or areas, if any, reserved or designated by Landlord for the use of other tenants or for other purposes. Tenant agrees to furnish to Landlord the state automobile license numbers of automobiles of Tenant and its employees who will occupy Spaces from time to time within 5 days from its receipt of written notice from Landlord requesting that information. Landlord is entitled to use whatever security device Landlord considers necessary (including, but not limited to, the issuance of parking stickers or access cards) to insure that only those tenants leasing Spaces in the designated parking areas are using those Spaces. If Tenant, its agents or employees, wrongfully park in any of the parking areas designated for the use of others, Landlord may, and is hereby authorized to have the automobile towed away, at Tenant's sole risk and expense, and to impose upon Tenant an administrative fee of $25.00 for each such occurrence. Tenant agrees to pay all amounts due under this Section upon demand. HOUSTON_I ~597454x.3 14401-395 09/16/2002 EXHIBIT "E" Page 29 EXHIBIT "F" RENEWAL OPTION Grant of Option If the Lease is still in full force and effect and Tenant is not then in default under the Lease, Tenant has the right and option to renew this Lease for one consecutive period of 5 years ("Renewal Term"), on the following terms and conditions: (a) The Base Rent ("Renewal Rate") during the Renewal Term will be at the then current market rental rate for comparable space and a comparable term in buildings similar to the Building in the same rental market, as determined by Landlord in its sole and absolute discretion. The Renewal Rate will be adjusted in accordance with this Exhibit with respect to each Renewal Term for which Tenant exercises the option. (b) Tenant must notify Landlord that Tenant is interested in exercising the renewal option not less than 6 months before the expiration of the current Term. If Landlord does not receive the notice on or before the deadline, Tenant will be deemed to have elected not to exercise the renewal option. (¢) Within 30 days after Landlord receives Tenant's notice, Landlord will provide Tenant with the Renewal Rate for the applicable Renewal Term. (d) Within 30 days after Landlord notifies Tenant of the Renewal Rate for the Renewal Term, Tenant must notify Landlord that (i)Tenant desires to exercise the renewal option upon the terms specified by Landlord or (ii) Tenant does not desire to exercise the renewal option. If Tenant fails to notify Landlord within the 30-day time period, Tenant will be deemed to have elected to exercise the renewal option on the terms specified in Landlord's notice. (e) The leasing of the Premises by Landlord to Tenant during the Renewal Term will be on the same terms and conditions set out in the Lease, except that (i) Tenant will pay Base Rent to Landlord in monthly installments at the Renewal Rate; (ii) the Base Year wilt be the calendar year in which the Renewal Term commences; (iii) Tenant will have no further renewal options; (iv)Tenant accepts the Premises in its then "AS-IS" condition; and (v) Landlord will not be required to perform any tenant finish or other work to the Premises or to provide Tenant any tenant finish allowance or other allowance or inducement with respect to the Premises 2. Termination of Right. If Tenant fails to properly exercise the renewal option, Tenant will have no further right to extend the term of the Lease. 3. Assignment. The renewal option is personal to the Tenant named in the Lease and may not be transferred or assigned except in connection with an assignment of the Lease approved by Landlord in accordance with the provisions of the Lease. HOUSTON_I ~597454~3 14401-395 09/16/2002 EXHIBIT "F" Page 30 EXHIBIT "G" EXPANSION OPTION Intentionally Deleted HOUSTON_I x597454~3 14401-395 09/16/2002 EXHIBIT "G" Page 31 EXHIBIT "H" Intentionally Deleted HOUSTON_I x597454~3 14401-395 09/16/2002 EXHIBIT "H" Page 32 Agenda 02-031 09/17/02 #47 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET September 17, 2002 Management and Budget Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and the Denton Festival Foundation amending that certain agreement dated July 23, 2002 for supplemental funding for the 2003 Denton Arts and Jazz Festival; providing for the expenditure of funds therefore; and providing for an effective date. BACKGROUND Council Member Michael Phillips has requested that $2,000 from his City Council comingency fund for FY2001-02 be provided to the DeNon Festival Foundation. This will provide funding for children's programming to be done in conjunction with the 2003 DeNon Arts and Jazz Festival. Since public funds are being provided to an outside agency, an agreemem outlining the purpose for the expenditure and reporting requiremems on the expenditure of funds is necessary. ESTIMATED SCHEDULE OF PROJECT The agreemem will end May 31, 2003. PRIOR ACTION/REVIEW None FISCAL INFORMATION The agreemem is for $2,000 and is funded from City Council comingency fund 160099.7748. EXHIBITS Ordinance/Agreemem Respectfully submitted: Anna Mosqueda Director of Management and Budget ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE DENTON FESTIVAL FOUNDATION AMENDING THAT CERTAIN AGREEMENT DATED JULY 23, 2002 FOR SUPPLEMENTAL FUNDING FOR THE 2003 DENTON ARTS AND JAZZ FESTIVAL; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Denton Festival Foundation (the "Organization") provides for the annual Denton Arts and Jazz Festival including the 2003 Festival (the "Program"); and WHEREAS, the City and the Organization have entered into that certain agreement dated July 23, 2002 providing for funding for the Program (the "Festival Agreement"); and WHEREAS, the Organization has requested additional funding which necessitates an amendment to the Festival Agreement, a copy of which is attached to this ordinance and made a part hereof by reference (the "Amendment"); and WHEREAS, the City Council of the City of Denton hereby finds that the Program and the Amendment serve a municipal and public purpose including the promotion of tourism and economic development and the Amendment is in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings set forth in the preamble of this ordinance are incorporated by reference into the body of this ordinance as if fully set forth herein. SECTION 2. The City Manager, or his designee, is hereby authorized to execute the Amendment and to carry out the duties and responsibilities of the City under the Amendment, including the expenditure of funds as provided in the Amendment. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ., 2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 AMENDMENT TO AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON FESTIVAL FOUNDATION THIS AGREEMENT is made between the City of Denton, Texas, a municipal corporation (the "CITY"), and the Denton Festival Foundation, Inc. a legal entity incorporated under the laws of the State of Texas (the "FOUNDATION") : WHEREAS, on July 23, 2002 as authorized by Ordinance No. 2002-226 the CITY and FOUNDATION entered into that certain agreement for funding for the 2003 Denton Arts and Jazz Festival the 2002 (the "Festival Agreement"); and WHEREAS, the FOUNDATION has requested additional funds which will require an amendment to the Festival Agreement; and WHEREAS, the Festival and this agreement serve an important public purpose in promoting tourism and economic development in Denton; NOW, THEREFORE, in consideration of the performance of the mutual covenants and promises contained herein, the CITY and the FOUNDATION agree and contract as follows: 1. The Festival Agreement is hereby amended to increase the City fimding by $ 2000.00 which funds are to be used for children programming for Festival activities. 2. All other terms and conditions of the Festival Agreement shall remain in full force and EXECUTED to be effective the __ day of ,2002. THE CITY OF DENTON, TEXAS By: EUL1NE BROCK, MAYOR ATTEST: By: JENNIFER WALTERS, CITY SECRETARY APPR.~/~ORM:. By: HERB~R~/I~. P'~OUTY, CITY AT~Y S:\Our Documen~ContractsX02~'estival Foundafion-2nd supplemental.doc DENTO/~/)FESTIVAL FOUNDATION, INC. Chairman/Director Agenda 02-031 09/17/02 #48 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET September 17, 2002 Management and Budget Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider adoption of an ordinance of the City of Denton authorizing a service agreement in the amount of $3,000 between the City of Denton, Texas and Denton County Historical Museum, Inc.; providing for the expenditures of funds therefore; and providing for an effective date. BACKGROUND Council Member Michael Phillips has requested that $3,000 from his City Council contingency fund for FY2001-02 be provided to the Denton County Historical Museum, Inc. This will provide funding for advertising and preservation supplies. Since public funds are being provided to an outside agency, an agreement outlining the purpose for the expenditure and reporting requirements on the expenditure of funds is necessary. ESTIMATED SCHEDULE OF PROJECT The agreement will end September 30, 2003. PRIOR ACTION/REVIEW None FISCAL INFORMATION The agreement is for $3,000 and is funded from City Council contingency fund 160099.7748. EXHIBITS Ordinance/Agreement Respectfully submitted: Anna Mosqueda Director of Management and Budget S:\Our Documents\Ordinances\02\Denton County Historical Museum.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING A SERVICE AGREEMENT IN THE AMOUNT OF $3,000.00 BETWEEN THE CITY OF DENTON, TEXAS AND DENTON COUNTY HISTORICAL MUSEUM, INC.; PROVIDING FOR THE EXPENDITURES OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Denton County Historical Museum, Inc. serves an important public purpose by providing museum programs that are open to the public which require adequate advertising as more fully described in the agreemem memioned below (the "Program"); and WHEREAS, the City Council of the City of DeNon hereby finds that the Program and the agreement between the Denton County Historical Museum, Inc. attached hereto and made a part hereof by reference (the "Agreemem") serve a municipal and public purpose and the Agreement is in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings set forth in the preamble of this ordinance are incorporated by reference imo the body of this ordinance as if fully set forth herein. SECTION 2. The City Manager, or his designee, is hereby authorized to execute the Agreemem and to carry out the duties and responsibilities of the City under the Agreemem, including the expenditure of funds as provided in the Agreemem. The prior signing of the Agreemem by the City Manager is hereby ratified. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __ day of ,2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: S :(Our Documents(Contracts(02(Historical Museum 02.doc 2002-2003 SERVICE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DENTON COUNTY HISTORICAL MUSEUM, INC. This Agreemem is hereby emered imo by and between the City of Denton, Texas, a Home Rule Municipal Corporation, hereinafter referred to as "City", and Demon County Historical Museum, Inc., a non-profit corporation, hereinafter referred to as "Organization"; WHEREAS, City has determined that Organization performs an important public service for the residents of Denton without re gard to race, religion, color, age or national origin; and WHEREAS, City has determined that the proposal for services merits assistance and can provide needed services to citizens of City and has provided funds in its budget for the purpose of paying for contractual services; NOW, THEREFORE, the parties hereto mutually agree as follows: I. SCOPE OF SERVICES Organization shall in a satisfactory and proper manner perform the following tasks, for which the monies provided by City may be used: Fund direct program expens es to be used for advertising and preservation supplies. II. OBLIGATIONS OF ORGANIZATION In consideration of the receipt of funds from City, Organization agrees to the following terms and conditions: A. Three Thousand Dollars ($3,000) may be paid to Organization by City to be expended by the Organization to fund direct program expenses to be used for advertising and preservation supplies. B. The Organization will establish, operate, and maintain an account system for these funds this program that will allow for a tracing of funds and a review of the specific expenditures for which the funds were utilized. C. The Organization will permit authorized officials of City to review its books at any time. D. The Organization will reduce to writing all ofi ts rules, regulations, and policies and file a copy with City's Community Services Division along with any amendments, additions, or revisions whenever adopted. S :(Our Documents(Contracts(02(Historical Museum 02.doc E. The Organization will not enter into any contracts that would encumber City funds for a period that would extend beyond the term of this Agreement. F. As funds are expended, the Organization will provide documentation in the form of cancelled checks and corresponding receipts detailing expenditure. G. The Organization will appoint a representative who will be available to meet with City officials when requested. H. The Organization will indemnify and hold harmless City from any and all claims and suits arising out of the activities of Organization, its employees, and/or contractors. I. The Organization will submit to City copies of year-end audited financial statements. iii. TIME OF PERFORMANCE The services funded by City shall be undertaken and completed by Organization within the following time frame: October 1, 2002 through September 3 0, 2003, unless the contract is sooner terminated under Section VII "Suspension or Termination". IV. PAYMENTS A. PAYMENTS TO ORGANIZATION. City shall pay to Organization a maximum amount of money not to exceed Three Thousand Dollars ($3,000) for serv ices rendered under this Agreement. City will pay these funds upon receipt of an invoice from the Organization. B. EXCESS PAYMENT. Organization shall refund to City within ten (10) working days of City's request, any sum of money which has been paid by City and which City at any time thereafter determines: 1) has resulted in overpayment to Organization; or 2) has not been spent strictly in accordance with the terms of this Agreement; or 3) is not supported by adequate documentation to fully justify the expenditure. C. DEOBLIGATION OF FUNDS/REVERSION OF ASSETS. In the event that actual expenditures deviate from Organization's provision of a corresponding level of performance City hereby reserves the right to reappropriate or recapture any such under expended funds, if City finds that Organization is unwilling and/or unable to comply with any of the terms of this Contract, City may require a refund of any and all money expected pursuant to this contract by Organization, as S :(Our Documents(Contracts(02(Historical Museum 02.doc well as any remaining unexpended funds which shall be refunded to City within ten working days of a written notice to organization to revert these financial assets. The reversion of these financial assets shall be in addition to any other remedy available to City either at law or in equity for breach of this contract. D. CONTRACT CLOSE OUT. Organization shall submit the contract close out package to City, together with a final expenditure report, for the time period covered by the last invoice representing final expenditure of funds under this Agreement, within fifteen (15) working days following the close of the contract period. Organization shall utilize the form agreed upon by City and Organization. V. EVALUATION Organization agrees to participate in an implementation and maintenance system whereby the services can be continuously monitored. Organization agrees to make available its financial records for review by City at City's discretion. In addition, Organization agrees to provide City the following data and reports, or copies thereofi A. All external or internal audits. Organization shall submit a copy of the annual independent audit to City within ten (10) days of receipt. B. All external or internal evaluation reports. C. Quarterly performance/beneficiary reports to be submitted in January, April, July and September, to include the following data: number of persons served, number of households served, race, income, female head of household, disabilities and other information if requested by City. Organization will provide the above information on beneficiary report form provided by City. Quarterly beneficiary reports shall be submitted to the Community Services Division within 15 working days after the quarter has been completed. D. Until such time as all dispursed funds have been expended and all document submissions are complete as described in Section II above, the Organization agrees to submit quarterly financial statements in January, April, July, and September. Each statement shall include current and year-to-date period accounting of all revenues, expenditures, outstanding obligations and beginning and ending balances. Quarterly financial reports shall be submitted to the Community Services Division within 15 working days after the quarter has bee n completed. E. An explanation of any major changes in program services. F. To comply with this section, Organization agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of funds received and th e services performed under this Agreement. Organization's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. Organization S :(Our Documents(Contracts(02(Historical Museum 02.doc agrees to retain all books, records, documents, reports, and written accounting procedures pertaining to the services provided and expenditure of funds under this Agreement for five years. G. Nothing in the above subsections shall be construed to relieve Organization of responsibility for retaining accurate an d current records that clearly reflect the level and benefit of services provided under this Agreement. VI. DIRECTORS' MEETINGS During the term of this Agreement, Organization shall deliver to City copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to City in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. Organization under stands and agrees that City's representatives shall be afforded access to all meetings of its Board of Directors. Minutes of all meetings of Organization's governing body shall be available to City within ten (10) working days of approval. VII. SUSPENSION OR TERMINATION A. The City may terminate this Agreement for cause if the Organization violates any covenants, agreements, or guarantees of this Agreement, the Organization's insolvency or filing of bankruptcy, dissolution, or receivership, or the Organization's violat ion of any law or regulation to which it is bound under the terms of this Agreement. The City may terminate this Agreement for other reasons not specifically enumerated in this paragraph. B. The City may terminate this Agreement for convenience at any tim e. If the City terminates this Agreement for convenience, Organization will be paid an amount not to exceed the total amount of accrued expenditures as of the effective date of termination. In no event will this compensation exceed an amount that bears the same ratio to the total compensation as the services actually performed bears to the total services of Organization covered by the Agreement, less payments previously made. In case of suspension, City shall advise Organization, in writing, as to condit ions precedent to the resumption of funding and specify a reasonable date for compliance. In case of termination, Organization will remit to City anyunexpended City funds. Acceptance of these funds shall not constitute a waiver of any claim City may otherwise have arising out of this Agreement. VIII. EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS S :(Our Documents(Contracts(02(Historical Museum 02.doc A. Organization will submit for City approval, a written plan for compliance with the Equal Employment and Affirmative Action Federal provisions, within one hundred twenty (120) days of the effective date of this Agreement. B. Organization shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. C. Organization will furnish all information and reports requested by City, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, State and Federal rules and regulations. D. In the event of Organization's non-compliance with the non-discrimination requirements, the Agreement may be canceled, terminated, or suspended in whole or in part, and Organization may be barred from further contracts with City. IX. WARRANTIES ORGANIZATION represents and warrants that: A. All information, reports and data he retofore or hereafter requested by City and furnished to City, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to City. B. Any supporting financial statements heretofore requested by City and furnished to City, are complete, accurate and fairly reflect the financial conditions of Organization on the date shown on said report, and the results of the operation for the period covered by t he report, and that since said data, there has been no material change, adverse or otherwise, in the financial condition of Organization. C. No litigation or legal proceedings are presently pending or threatened against Organization. D. None of the provisions herein contravenes or is in conflict with the authority under which Organization is doing business or with the provisions of any existing indenture or agreement of Organization. E. Organization has the power to enter into this Agreement and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Agreement. F. None of the assets of Organization are subject to any lien or encumbrance of any character, except for current taxes no t delinquent, except as shown in the financial statements furnished by Organization to City. S :(Our Documents(Contracts(02(Historical Museum 02.doc Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for payment. X. CHANGES AND AMENDMENTS A. Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of this Agreement expressly provide that another method shall be used. B. Organization cannot significantly change the nature, intent, or scope of the program funded under this Agreement without the prior written approval of the City. C. It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such modifications are to be automatically incorporated into this Agreement without written amendment hereto, and shall become a part of the Agreement on the effective date specified by the law or regulation. D. Organization agrees to notify City of any proposed change in physical location for work performed under this Agreement at least thirty (30) calendar days in advance of the change. E. Organization shall notify City of any changes in personnel or governing board composition. F. It is expressly understood that the transfer of funds between or among programs of the Organization will not be permitted. XI. INDEMNIFICATION A. It is expressly understood and agreed by both parties hereto that City is contracting with Organization as an independent contractor and that as such, Organization shall save and hold City, its officers, agents and employees harmless from all liability of any nature or kind, including costs and expenses for, or on account of, any claims, audit exceptions, demands, suits or damages of any character whatsoever resulting in whole or in part from the performance or omission of any employee, agent or representative of Organization. B. Organization agrees to provide the defense for, and to indemnify and hold harmless City its agents, employees, or contractors from any and all claims, suits, causes of action, demands, damages, losses, attorney fees, expenses, and liability arising out of the use of these contracted funds and program administration and implementation except to the extent caused by the willful act or omission of City, its agents or employees. S :(Our Documents(Contracts(02(Historical Museum 02.doc XII. INSURANCE A. Organization shall observe sound business practices with respect to providing such bonding and insurance as would provide adequate coverage for services offered under this Agreement. B. The premises on and in which the activities described in Section I are conducted, the employees conducting these activities, shall be covered by premise liability insurance, commonly referred to as "Owner/Tenant" coverage with City named as an additional insured. Upon request of Organization, City may, at its sole discretion, approve alternate insurance coverage arrangements. C. Organization will comply with applicable workers' compensation statutes and will obtain employers' liability coverage where available and other appropriate liability coverage for program participants, if applicable. D. Organization will maintain adequate and continuous 1 iability insurance on all vehicles owned, leased, or operated by Organization. All employees of Organization who are required to drive a vehicle in the normal scope and course of their employment must possess a valid Texas Driver's license and automobile liability insurance. Evidence of the employee's current possession of a valid license and insurance must be maintained on a current basis in Organization's files. E. Actual losses are not covered by insurance as required by this Section are not allowable costs under this Agreement, and remain the sole responsibility of Organization. F. The policy or policies of insurance shall contain a clause which requires that City and Organization be notified in writing of any cancellation or change in the policy at least thirty (30) days prior to such change or cancellation. XIII. CONFLICT OF INTEREST A. Organization covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Organization further covenants that in the performance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing bo dy. B. Organization further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use his/her position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself/herself, or others; particularly those with which he/she has family, business, or other ties. C. No officer, member, or employee of City and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out S :(Our Documents(Contracts(02(Historical Museum 02.doc of this Agreement shall participate in any decision relating to the Agreement which affects his personal interest or the interest in any corporation, partnership, or association in which he has direct or indirect interest. XIV. NEPOTISM Organization shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by Organization, or is a member of Organization's governing board. The term "member of immediate family" includes: wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister. XV. NOTICE Any notice or other written instrument required or permitted to be delivered under the terms of this Agreemem shall be deemed to have been delivered, whether actually received or not, when deposited in the United States mail, postage prepaid, registered or cer tiffed, return receipt requested, addressed to Organization or City, as the case may be, at the following addresses: CITY ORGANIZATION City of DeNon, Texas Attn: City Manager 215 E. McKinney Denton, TX 76201 DeNon County Historical Museum, Inc. Attention: Director P.O. Box 2800 Denton, TX 76202 Either party may change its mailing address by sending notice of change of address to the other at the above address by certified mail, return receipt requested. XVI. MISCELLANEOUS A. Organization shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any claim arising thereunder to any party or parties, bank, trust company or other financial institution withom the prior written approval of City. B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and cominue to conform to the original intent of both parties hereto. C. In no event shall any payment to Organization hereunder, or any other act or failure of City to insist in any one or more instances upon the terms and conditions of this Agreement consfi - tute or be construed in any way to be a waiver by City of any breach of covenant or default which may then or subsequently be committed by Organization. Neither shall such payment, act, or S :(Our Documents(Contracts(02(Historical Museum 02.doc omission in any manner impair or prejudice any right, power, privilege, or remedy available to City to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved. No representative or agent of City may waive the effect of this provision. D. This Agreement constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understanding, or other commitment occurring during the term of this Agreement, or subsequent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropri ate, recorded as an amendment of this Agreement. E. In the event any disagreement or dispute should arise between the parties hereto pertaining to the interpretation or meaning of any part of this Agreement or its governing rules, codes, laws, ordinances, or regulations, City as the party ultimately responsible for ma tters of compliance, will have the final authority to render or to secure an interpretation. F. This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any litigation concerning this Agreement shall be in a court of competent jurisdiction sitting in Denton County, Texas. IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this Agreement as of the __ day of ., 2002. CITY OF DENTON, TEXAS ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: MICHAEL A. CONDUFF,CITY MANAGER BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: DENTON COUNTY HISTORICAL MUSEUM, INC. S :(Our Documents(Contracts(02(Historical Museum 02.doc ATTEST: BY: ORGANIZATION SECRETARY BY: Name: Director l0 This page left blank intemionally. Agenda 02-031 09/17/02 #49 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: September 17, 2002 Solid Waste Howard Martin ~ SUBJECT CONSIDER APPROVAL OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER, AS DENTON'S AUTHORIZED REPRESENTATIVE, TO FILE A PROJECT APPLICATION WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS ("NCTCOG") FOR A FUNDING OBJECTIVE ENCOMPASSING THE FOLLOWING: "CREATE AND EXPAND MULTI-FAMILY HOUSING RECYCLING PROGRAMS THROUGHOUT THE REGION"; AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ACT ON BEHALF OF THE CITY OF DENTON, TEXAS IN ALL MATTERS RELATED TO THE APPLICATION; AND PLEDGING THAT IF A PROJECT IS RECEIVED THE CITY OF DENTON, TEXAS WILL COMPLY WITH THE PROJECT REQUIREMENTS OF THE NCTCOG, THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND THE STATE OF TEXAS; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND The City of Denton Solid Waste Department is the sole provider of residential and commercial waste collection in the city. We have recently awarded a residential curbside recycling contract to Trinity Waste Services, and are developing a comprehensive public information campaign to promote recycling. We would like to "strike while the iron is hot," and be ready to implement other recycling programs while public exposure is high. Therefore, the Solid Waste Dept is seeking to expand its solid waste services to include multi- family recycling. As the home of two major universities, many of our residents are living in multi-family housing. The Recycling Division has been directed to explore ways in which to offer recycling services similar to the curbside program to this population. Currently, we are serving these residents through drop-off centers, but wish to provide more convenient on- site recycling opportunities to maximize waste diversion from our landfill. As specified in our contract with Trinity, they will accept these same materials from other city-mn recycling programs. Multi-family recycling poses many challenges in our city, including a highly transient student population, a Spanish-speaking population, and space/revetment limitations. We are seeking to implement a pilot project working with several multi-family complexes to explore the best ways to solve these problems, and develop a comprehensive program that can address these, and the concerns of property managers and leasing companies. We have most mechanisms in place to implement this pilot project, but are seeking funding for new containers specific to each sites' needs, accompanying signage, printing of informational flyers for residents involved in the program, and supplies for education meetings with residents and management. We will also develop innovative ways to reach the Spanish-speaking population, and evaluate techniques used for this purpose. Evaluation of the program will come through diversion rates, property management and resident use and customer satisfaction surveys. A full-scale program may be developed using data from the pilot. The City of Denton Solid Waste Department is requesting authorization to file an application with NCTCOG for grant funding to "create and expand multi-family recycling programs throughout the region." The grant funding is allocated from environmental fees collected by the Texas Commission on Environmental Quality (TCEQ), formerly the Texas Natural Resources Conservation Commission (TNRCC), and distributed to the regional Council of Governments throughout the State. PRIOR ACTION/REVIEW Presented to PUB on 9/16/02. FISCAL INFORMATION The requested grant funding consists of $7000. The required local match consists of in- kind contributions, specifically current employee salary and benefits, office space, and some refurbished equipment. Therefore, the City will incur no additional cost for this program. EXHIBIT I - Resolution Respectfully submitted, Vance Kemler Director, Solid Waste RESOLUTION NO. R2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER, AS DENTON' S AUTHORIZED REPRESENTATIVE, TO FILE A PROJECT APPLICATION WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS ("NCTCOG") FOR A FUNDING OBJECTIVE ENCOMPASSING THE FOLLOWING: "CREATE AND EXPAND MULTI-FAMILY HOUSING RECYCLING PROGRAMS THROUGHOUT THE REGION"; AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ACT ON BEHALF OF THE CITY OF DENTON, TEXAS iN ALL MATTERS RELATED TO THE APPLICATION; AND PLEDGING THAT IF A PROJECT IS RECEIVED THE CITY OF DENTON, TEXAS WILL COMPLY WITH THE PROJECT REQUIREMENTS OF THE NCTCOG, THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND THE STATE OF TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the North Central Texas Council of Governments ("NCTCOG") is directed by the Texas Commission on Environmental Quality to administer solid waste project funds for implementation regarding the NCTCOG's adopted regional solid waste managemem plan; and WHEREAS, the City of Denton is qualified to apply for project funds under the Request for Projects; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. The City Manager or his designee is authorized to request project funding under the North Central Texas Council of Governmems' Request for Projects of the Regional Solid Waste Local Project Funding Program and act on behalf of the City of Denton, Texas in all matters related to the project application for a project to "Create and Expand Multi-Family Housing Recycling Programs Throughout the Region," and for all matters related to the project application and any subsequent project contract and project that may result. SECTION 2. That if the project is funded, the City of Denton, Texas will comply with the project requirements of the North Central Texas Council of Governments, the Texas Commission on Environmental Quality, and the State of Texas. SECTION 3. That the project funds and any project-funded equipment or facilities will be used only for the purposes for which they are intended under the project. SECTION 4. That the activities will comply with and support the adopted regional and local solid waste management plans adopted for the geographical area in which the activities are performed. EXHIBIT I SECTION5. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Denton, and it is accordingly so resolved. PASSED AND APPROVED this the day of ,2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINEBROCK, MAYOR By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: S:\Our Documents\Resolutions\02\Solid Waste NCTCOG Project- Multi-Family Recycling-2002.doc Agenda 02-031 09/17/02 #50 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: September 17, 2002 Solid Waste Howard Martin ~ SUBJECT CONSIDER APPROVAL OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER, AS DENTON'S AUTHORIZED REPRESENTATIVE, TO FILE A PROJECT APPLICATION WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS ("NCTCOG") FOR A FUNDING OBJECTIVE ENCOMPASSING THE FOLLOWING: "EXPAND COMMERCIAL RECYCLING EFFORTS IN BUSINESS AND GOVERNMENTS ACROSS THE REGION"; AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ACT ON BEHALF OF THE CITY OF DENTON, TEXAS IN ALL MATTERS RELATED TO THE APPLICATION; AND PLEDGING THAT IF A PROJECT IS RECEIVED THE CITY OF DENTON, TEXAS WILL COMPLY WITH THE PROJECT REQUIREMENTS OF THE NCTCOG, THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY, THE STATE OF TEXAS; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND With residential curbside recycling coming to Denton, the Solid Waste Dept is also seeking to expand its commercial solid waste services to include on-site business recycling. Residential curbside recycling does has the potential of reducing the waste stream, however, commercial waste comprises 69% of waste landfilled in Denton; an average of 6,174 tons landfilled every month. To make a significant difference in diverting wastes to recycling in Denton, the commercial sector must be targeted. Therefore, the Solid Waste Recycling Division is seeking grant funding to implement a pilot program to evaluate the possibility of instituting a full-scale commercial recycling program. The pilot program will consist of 10-20 businesses representing different sectors--retail, medical, industrial, food service, and legal/financial. We plan to tailor recycling services to meet the needs of these various kinds of businesses. We are seeking funds for new, and refurbishing older, containers of various sizes and styles to fit the needs of the targeted businesses. The Recycling Division will work with its pilot businesses to develop appropriate education/promotional materials for use in a larger program, and is seeking funding for this development and printing. Further, funds are included for equipment lease and one field service worker to provide service for commercial recycling accounts. Success of the program will be evaluated based on costs and diversion rates during and after the pilot period. A rate structure for this service can then be determined for a full- scale program if revenues can be generated to warrant it The City of Denton Solid Waste Department is requesting authorization to file an application with NCTCOG for funding to "expand commercial recycling efforts in business and governments across the region." The grant funding is allocated from environmental fees collected by the Texas Commission on Environmental Quality (TCEQ), formerly the Texas Natural Resources Conservation Commission (TNRCC), and distributed to the regional Council of Governments throughout the State. PRIOR ACTION/REVIEW Presented to PUB on 9/16/02. FISCAL INFORMATION The requested grant funding consists of $80,277. The required local match consists of in- kind contributions, specifically current employee salary and benefits, office space, containers and collection equipment. The Solid Waste Department can implement this program within the approved operating budget for FY 2003. EXHIBIT I - Resolution Respectfully submitted, Vance Kemler Director, Solid Waste RESOLUTION NO. R2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER, AS DENTON' S AUTHORIZED REPRESENTATIVE, TO FILE A PROJECT APPLICATION WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS ("NCTCOG") FOR A FUNDING OBJECTIVE ENCOMPASSING THE FOLLOWING: "EXPAND COMMERCIAL RECYCLING EFFORTS IN BUSINESS AND GOVERNMENTS ACROSS THE REGION"; AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ACT ON BEHALF OF THE CITY OF DENTON, TEXAS iN ALL MATTERS RELATED TO THE APPLICATION; AND PLEDGING THAT IF A PROJECT IS RECEIVED THE CITY OF DENTON, TEXAS WILL COMPLY WITH THE PROJECT REQUIREMENTS OF THE NCTCOG, THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY THE STATE OF TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the North Central Texas Council of Governments ("NCTCOG") is directed by the Texas Commission on Environmental Quality to administer solid waste project funds for implementation regarding the NCTCOG's adopted regional solid waste management plan; and WHEREAS, the City of Denton is qualified to apply for project funds under the Request for Projects; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. The City Manager or his designee is authorized to request project finding under the North Central Texas Council of Governments' Request for Projects of the Regional Solid Waste Local Project Funding Program and act on behalf of the City of Denton, Texas in all matters related to the project application for a project to "Expand Commercial Recycling Efforts in Business and Governments Across the Region," and for all matters related to the project application and any subsequent project contract and project that may result. SECTION 2. That if the project is funded, the City of Denton, Texas will comply with the project requirements of the North Central Texas Council of Governments, Texas Commission on Environmental Quality, and the State of Texas. SECTION 3. That the project funds and any project-funded equipment or facilities will be used only for the purposes for which they are intended under the project. SECTION 4. That the activities will comply with and support the adopted regional and local solid waste management plans adopted for the geographical area in which the activities are performed. EXHIBIT I SECTION5. That this resolution passage in accordance with the provisions accordingly so resolved. PASSED AND APPROVED this the shall take effect immediately from and after its of the Charter of the City of Denton, and it is day of ,2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINEBROCK, MAYOR By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: S:\Our Documents\Resolutions\02\Solid Waste NCTCOG Project-Commercial Recycling-2002.doc AGENDA INFORMATION SHEET Agenda 02-031 09/17/02 #51 AGENDA DATE: DEPARTMENT: CM/DCM/ACM: September 17, 2002 Planning Department David M. Hill, AiCP, 349-8314 SUBJECT - Si02-0001 (Conservation District Ordinance) HOLD A PUBLIC HEARING AND CONSIDER ADOPTION OF AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 35, SUBCHAPTER 7 OF THE CITY OF DENTON CODE OF ORDINANCES, "DENTON DEVELOPMENT CODE," "SPECIAL PURPOSE AND OVERLAY DISTRICTS" TO ADD SECTION 35.7.6 "HISTORIC CONSERVATION DISTRICTS" PROVIDING FOR THE CREATION OF HISTORIC CONSERVATION OVERLAY DISTRICTS; PROVIDING FOR A PENALTY iN THE MAXIMUM AMOUNT OF $ 2000.00 FOR EACH AND EVERY VIOLATION THEREOF; PROVIDING A SEVERABiLiTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE BACKGROUND Applicant: City of Denton The applicant is requesting amending chapter 35 of the City of Demon Code of Ordinances to add section 35.7.6 "HISTORIC CONSERVATION DISTRICT." Conservation districts are usually residential neighborhoods, with certain identifiable attributes embodied in architecture, urban design, and history. These districts are created as an overlay- zoning tool used to preserve neighborhood character. Conservation districts can be used to protect neighborhoods that do not qualify for historic district status but have significant architectural, historic merit and a distinct character. A conservation district ordinance accomplishes this purpose by regulating new construction, major alterations or additions to existing buildings and demolition. Each neighborhood applying for conservation district status would be responsible for drafting design guidelines to address the unique needs and attributes of the area. As new neighborhoods are developed in Denton, regulations dictate the type of buildings, size, setbacks, and materials that may be used, giving them a flavor or character of their own. Older neighborhoods were not built with these protections. One benefit of conservation districts is to provide older neighborhoods with similar protections. This ordinance will give older neighborhoods the opportunity to preserve their character and historic integrity and ensure new construction fits the architectural characteristics of the area. The regulations are being drafted so that property owners may voluntarily request that these regulations be imposed. Notice of the public heating was published in the Demon Record Chronicle on June 1, 2002. Since the Planning and Zoning Commission public hearing, the Legal Department has modified the ordinance. The original wording of 35.7.6.4 A. was confusing and has been amended to mnvey that the initiation of a conservation district is contingent not only upon the written request of more than half of the owners of property within the proposed district, but that the owners must collectively own more than half of the building sites within the proposed district. Options 1. Approve as submitted. 2. Deny. 3. Postpone consideration. 4. Table item. RECOMMENDATION The Historic Landmark Commission recommends approval (6-0) Planning and Zoning Commission recommends approval (5-1, Keith opposed, Roy absent). ESTIMATED PROJECT SCHEDULE Initiation of Conservation Districts can occur once ordinance is adopted. PRIOR ACTION/REVIEW The following is a chronology of SI02-0001, commonly known as Conservation District Ordinance: In 1995, the City of Denton and the Historic Landmark Commission (HLC) hired Knight and Associates, through a Certified Local Government Grant, to conduct a historic resources survey of Denton. The survey identified 2,409 historic properties within the city limits; 91% of these structures are domestic architecture. The consultants recommended several areas of town that would qualify for conservation district status: the Bell Avenue area, the Locust/Austin Street area, and the Congress School area. A Planning and Zoning Commission workshop was held on March 13, 2002 to receive public input. The workshop included a presentation on conservation districts. There were no recommendations made during this discussion. FISCAL INFORMATION None ATTACHMENTS 1. Staff Analysis 2. Historic Landmark Commission Meeting Excerpts 3. Planning and Zoning Commission Minutes, June 12, 2002 4. Proposed Ordinance Prepared by: Julie Glover Main Street Program Manager, CMSM Respectfully submitted: Linda Ratliff Director of Economic Development ATTACHMENT I Staff Analysis Summary of Request The applicant is requesting to amend chapter 35 of the City of Denton Code of ordinances to add to add section 35.7.6 "HiSTORiC CONSERVATION DiSTRiCT." This ordinance would be subject to the same rules as other zoning cases, it would require a super majority vote to pass if 20% of affected adjacent property owners oppose. Comprehensive Plan Analysis Chapter Four, "Historic Preservation," of The Denton Plan, 1999-2020 Comprehensive Plan of the City of Denton recommends that: "The unique distinctive cultural, historical, and architectural features of Denton should be identified, restored, preserved, and maintained through a partnership between the city and private interests, in keeping with the historic preservation plan. " (p. 95) "Existing neighborhoods shouM be protected and preserved. " (p.95) "Identify and create additional historic and conservation districts." (p.95) "Protect individual sites or aspects of areas as being of historical significance." (19.95) "The Historic Land Mark Commission and city preservation officer will identify and recommend areas within the city limits that qualify for conservation district designation. Potential conservation district sites currently under consideration are Austin-Locust Conservation District and Bell Avenue Neighborhood Conservation District." (p. 96) Staff Findings 1. The proposed ordinance to allow conservation districts is consistent with the recommendations from the Comprehensive Plan. 2. Conservation districts will provide protection for older neighborhoods. ATTACHMENT 2 Historic Landmark Commission Meeting Excerpts From HLC minutes, November 15, 1999-- Ron Emrich, Principal of Urban Prospects Historic Preservation and Resources Development, facilitated a board orientation/training for the HLC Commissioners. Some of the topics discussed included: historic districts; developing conservation districts; design guidelines; protection mechanisms; and grant categories. From HLC minutes, April 10, 2000--Discuss organizing neighborhood meetings for proposed conservation districts for Austin-Locust Street area and Bell Avenue area. May 22, 2000 - The first Austin/Locust neighborhood meeting was held at Lanelle Blanton's home - 520 Austin St. Approximately 20 people were in attendance. All attending were in favor of pursuing a conservation district June 12, 2000 - The lb'st Bell Street neighborhood meeting was held at Gary Hayden's house, 2106 N. Bell Street. Approximately 20 people in attendance, all were in favor of pursuing a conservation district. After the first meeting, the Bell Area Neighborhood Association (BANA) began meeting each Monday night to discuss methodology. 2000-Present-- HLC has received reports from both of these groups on a regular basis and has worked with city staff and Lila Knight, historic preservation consultant, on creating this "umbrella" ordinance allowing for conservation districts. BANA has gathered information from residents regarding creation of a conservation district and currently have 90% support in the proposed area. They are now working on design guidelines so they will be ready to apply and receive conservation district status once the umbrella ordinance is in effect. December 10, 2001--HLC unanimously recommended approval of an ordinance allowing the creation of conservation districts by a vote of 7-0. ATTACHMENT 3 Planning and Zoning Commission Minutes, June 12, 2002 13. Hold a public heating consider making a recommendation to City Council conceming the ordinance amending Chapter 35 "Denton Development Code", of the Code of ordinances of the of the City of Denton, Texas, to add a Conservation District to protect neighborhoods that do not qualify for historic district status but have significant architectural, historic merit and distinct character; providing a severability clause and repealer clause; and providing an effective date. (SI02-0001, Conservation District Ordinance, Julie Glover) Motion by Bob Powell and seconded by Vicki Holt to recommend approval to City Council. *Discussion of item is included in the Court Reporter's transcript attached to this set of minutes (Page 81). Motion carries 5-1 - Commissioner Bill Keith opposed. 7 8 Ii) I1 1] 14 17 18 19 20 21 23 25 1 2 4 ? ~0 ~2 J3 14 22 2~ 124 2~ Conduu~lt ' · Page 82 I had a couple of questions come up with .. preas people lately. So I ~houff,ht miffht clear that up in: ~se yotl're wond~'ing what ll~ ditTcnm~ is l~twugu a: col~servad0n district and a historic di,,~icL And the:: basic thing is it's the lcvel of r~trlcfious that's involvud. For an example~ in the historic district, .: th~ ttLC eau d~uy even a c~ color of house palni. And even for teaeral maiur~-uan~ auyon~ tim Iiv~ i~ that distri~ has to s~mit a ca'fifimu: o£ appropfia~ whethcr iL goes l;0 Staff or wheLher or it goes to HLC[. Ir{'. a cxmserva~on dislri~t, paint and §eneral ma/ntenance not an issuc. Tl~y'ru not ruilulatud and only major ' renovations would require a cam/ficau~ of appropriareu~ss. The purpose of establishing this ordinar{~ is for the protection ~ COMMISSIONER RI-~HEL: Would you c[ari~ your acronyms. .MS. GLOV£R: i'm son'y.. Hi,qtOr{¢ COMMIS,~IONEIi RLqHEL: l appl'cc~t~ ~F]:l~l' :. sudt' would kind of speak in normal type t~rms for us, !We up here I'm suro and most of our peopl~ in th~ audl~nc~ Imow what those m'~, bat if we'd do away with tho.~. · acronyms arid use the real words: it relict help ~veryo~e. 4 $ 8 ~0 11 12 13 .14 17 18 19 20 21 24 1 3 4 6 ? 8 IO il 12 13 14 16 17 {$ 19 21 23 17., PLANNING AND ZONING COMMISSION Pate 83 Ms. OLOVI~R: ~me purpose of es~ablisl,_iul{ ~s ~ ~s F~ ~ pro~ of ~e n~bor~ods, not ~ ~ m~ ~~s. ~s is a vol~ ~ ~it~d ~ ~ ~ of ~ n~~. ~ ~~ wilI c~ ~eir o~ ~i~ ~d ~y ~ ~ as ~ctiw or ~ ~t as ~ ~. Wc ~fly ~ ~ ~b~h~s in ~ ~ ~ v~ ~ in s~l~ for is a pri~ f~ ~u City Co,oil ~y ~d it wa ~us~ at ~ ~ ~t in ~ ~rk ~n~ ~ w~ H~d in fl~e whim pa~ ~a ~ ~v~ ~ a ~ol m p~t ~Iinc in ~oo~. ~ propo~ ordi~ is ~ni~t ~a ~~o~ ~om ~ ~mp~vc PI~. And ~ ~o~. I'd ~ ~ppy ~ ad~s ~y q~s you ~t cO~tO~ ~Sff~L: we hav~ ~ l~t a q~inn from C~i~o~ Po~I. CO~L~SION~ ~OWiL~ T~ you, ~. Ch~. R's acidly mom of a s~t. Bo~cing off of w~ you ~d a ~u~ ~o. I wo~d ~ly ~ mg~ti~ ~~ ~cm ~ich is wha~ l ~, Page official litl~ is. COMMI~IONBR RISHEL; I mount lo C~L my~'. ~ you. b~g~ ~t ~ ~ not ~ f~ ~ ~. W~ l ~i~ ~u~ag~ ~, I think of na~ cou~ation · s~c~. I ~ ~ flo~n~ m~ and ~ ~d w~m~ but ~t's not w~ you're ~ aborn at ~ ~d I ~s ~ufu~ for a wM~ ~ and I ~im ~t I cm~ ~s~, bu~ ~~, iF in ~ Fut~ ~ would wo~d ~ d~ ~ I ~ink a lot of ~p~. I can'~ · a~ ~d I ~u~t a~ ~t ~ miuu~ I said ~ ~ ~ yu~ r~ ~t d~u~t ~ ~id~L ho~, h was brou~ ~ o~ Ci~ say sou~ of ~m~ ~ ~ warn ~ cr~ one ~ ~ ~ ~t ~v~, So ~ ~ ~n6 ~ usc s b~ ~ of ~ic ~ons~agon di~cm. fin~ and ~y~ s~ o~ w~ ~d of i~ w~ ~ ~. 2002 Page 81 - Pa§¢ 84 09/06/02 FRI t0:02 F~ 9403497707 cn'Y OF D~.ON P].~kNNING ~003 Condmselt '~ ! 2 $ 6 ? 8 10 11 32 13 15 16 1'7 18 19 20 ! 2 4 6 7 8 g 10 12 13 14 15 18 20 24 2~ Page 85 But Just to say consm'vagon districts, ! know when pcop~ re~d about thSs h~ the pnper and tbt'y only read thu not going to bc thinking about what you're doing. Ms. c~Lov~t: Okay. COMMI~IONI~ RYRTmL: W,~'x'~; c;ca~e~ving (X)MMIlalOlqll.q pOWBLL: ?~'~ going ~o be .. thinking about something oL~ mtirc~y. : C:OM~SStOt,m~RtSt{~ oood point Ms, Olovct. : MS. at. Ov-a~ NO mom comments, TF you have i questions, i'd tx: happy to - COMMmSlON~t RISHRL: CommissionerS. may furd~ que~ons of Ms. Olov~r? Thank you very much, That ¢onoludos d~ staff We, This is a public hem-ia& .'. a~d a n~emm~datlon wiU be mad~ from the C~'n~mion m tho City Council, I think ~a: probably have several people that woukl lik~ to speak..And now that I hav~ stalled fOr time lOnl~ ~nOugh for u.s to find those eard~, the r~st card that I have ia Brian Morrison, Is Mz. Morrisno hcrc ta~d would you care to speak? You did put that you did riot want to ~ak. My assisumt nnemally has thctm all sonecl .: ouz. Aid bciug wc just rcdis~ whom t~ cards were, eag~ 86 you ~ m s~? ~ n~t ~on ~ I ~vc ~ Bob m~t o~ you-alL Page 1 to say s~ ~ratula~ons m tl~ ~istofic Landmark 2 ~issi~ ~d m ~ ~s of ~ ~ Av~ 4 ~a~ in ~ hat f~ ~s. So~ of a ~t ca~ ~t 5 ~ f~ ~ ~t of ~ C~ ~ ~ p~s mi~t bc 7 N~a, ~ ~w ~ a ~t of ~k 8 ~d I ~p~m it. ~is is ~ ~t ~ol fnr 9 ~b~ p~~ iu ~ co~uni~ and ~at's why 11 ~n~. 13 -~most ~~ ~t af ~ a~nancc 16 got t~ ~ al y~ ~. ~d my ~t qu~fion ~d 20 ~d I q~op as to w~ ~: is mlly 21 p~t ~ ~ iss~ at ~nd ~ ~au~ in fac~ Ms~l ~i~ but just ~ not ~ do ~t. 24 ~d 1 ~ ~t by .nmin~ ~ p~c~ cla~, ~ ~u ~u s~ it, It d~u't add mu~{~ ~ a Page 88 ! document. R doesn't strcngttz~ it ~ ~tl..and, in fact, 2 it may weaken it by muddyin~ the waters at sonm point for 3 whet a distrlol does, in fa~t, go through the process, 4 beoome a conservag, on dis~ct, and then go on :md d~cicic 5 they {ate~r would like to be~o~ a historic district, yet 6 it's ahcady bcxm staled that it's not appropriate for ? them to be ~ hi~'toric district, lust something for your 8 eonsideratio~ l~re, 9 I also havc, if you look on page 2 or ~ 10 d~cummt under tl~ dr, finition,% being a landmark is not a 1 { requLmamat of bein~ included in the district. So you 12 have a phrase he~ Item No. 1 under definitions, historic 1 ~ corem-ration districts r~e~-,n~ geographically dcfintxl areas 14 including landmark or group of lmadmm'ks created by the 1~ City Council for the purpose of historic preservation. 16 And my markups that l'w ,m~.~sl~d to you 17 i~i that il' you talin out "includi~ a landmark or ~woup of 18 landmarks" bt~luse the landmark, again, is not a 19 qualLemation for nccr. s.~,~-ily bring in this district, as I 20 r~d it, And inst~d of historic preso~'ation being a 21 goal, it's neighborhood preservation. Just -- ~stion. 22 Thes~ are just for you-ail to consider, 2a I had a question on 1.tern No. 3 couccrning 24 the dlfferenco between owners of property and owners of ~$ building $i~s and wondering what is the di~tinctiou. And PLANNING AND ZONING COMMISSION. IUNE 12, 2002 Page 85 - Page 88 5 6 7 8 9 I0 1:1 t3 14 17 18 21 94 6 8 9 10 l 12 13 14 15 16 17 18 20 25 Pa~ 89 If you can l~aybe, if somwn~ ,an answer [hat at s~ ~ln~ . ~s ~ing. You don't haw now. Bm it's a ~c q~. And ~ I ~s ~ns a con~a~ ~ ~i~a~ as a bis~c con~agon ~s~ct. lnndm~ ~d I do not ~ ~a~ ~ w~ point about n~borh~s and ~ ~ ~1 of pm~fion ~d ~t's ~ ~a[y or w~t a~ ~o ~ m yom for ~. ~ you ~ m~ q~fi~, You ~m ~at yo~ s~lus ~ not ~at ~ ~d m you? W~ w~ ~t app~ ~ m ~ bit eon~ about ~ fact ~t ~ ~ ~ ~ . Page 91 · COMMtS,qlONF. R P. IStlIiL: No n~z~l tO cOlllZllent. 2 MR. ~, well, I would like to, sir, 3 if you don't mind, if I have mmc spar, timo ,md I belie-ye 4 ldo. 5 COMMtSSIOI~R RISI-IEL: You still have 23 6 seconds. 7 M~. cOCm~}~: And so ther~ w~ ~Io. Thc 8 po~t i-~ ~ wns originally ~ 12-1-01 and I had 9 submitted it at that t/me. And I apologize to 10 Historic L~ndmark Commission, in fact, for not going 11 dlr=ctty tn ~ end that wo~d have bccn thc marc 12 appropriate - your comment was right on the mark. But 13 nevertheless, I d/dn't do that but you-all ~lI have the 14 power to ~ out nm] add. 15 COM~USStONSa mSHSL: ^ppreciaze tl~ work 16 that you've put Ln on fl~J.s process. 17 Ids.. COCHP,&N: sure. 18 COMMISSIONF-R. ~S~..x,' Wc hay, a coupte of 19 otim- comments, I believe. Commis.,rioncr K~ith. 20 CO~MtSStONF..R KEITIt.. Thank you. This ~l orally=ce is suing throash ~ quick. Do you think it 22 will cmat~ unn _ox~__'~ restrictions on prop,ny owners in Z~ ctmforming? I mean, is this on~ 8oleg to bca =ould~lill¢ :ti or is this going to b, one of mandated mnforming? .25 Mit. COc~ta~,N.. well, it's not going to Page 9 t mandate cool'ramify bccau.~, in fact, what you've got, at 2 least in most of the. se districLn, arc non-conformity 3 anyway. But what it would do is add an extra level or 4 dellbcrutlon and eoara level of protection for the 6 I h~l~m to Iivc in tl~ only district in ? town ri~t now ~at exists undo- any form of cxua S Buidelines oth~ than d~i mstri~ons ~d I~o^s and such. 9 But, ncvcrthcle.~, I live i~ a histmi~ dj.m-icl and we 10 found that that actually is a v~'y comforting thing... It 11 has, in foot, spartaxt, I ~hink, some economic revival in 19. h~ ar~ b~ause it added an ~xtra ]*vel of pmte,~tion 13 that our City ordin~n~e.s didn't provide. And that's what 14 people are .~.kin!l when Italy ar~ looking ['or a pleasant 15 sil~glo-family ~mvironm~t. You se~ it down ~ 16 ~y, people wanti~ something th,y can count on. They I'~ w~t to bond with the community. Th~' want some 18 ammranczs that whsl th~'vc got is what thio'r* ~olng to !9 hnvo. And so what this does [s add just extra lewl of 20 protection. 21 And I think that the b~n~ts of that am :22 obvious and wc have demonstr~ixt ~ in m least one 23 section o[. town that aca,tally has mom 24 gui6dincs th~u this. Wc had a f~w people in tlc :25 bcgiunir~, they wac xcally opposed to this ~in!l and PLANNINO AND ZONING COMMISSION ~ 12, 2002 Page 89 ' Page 92 09/06/02 4 7 8 10 1! 14 16 17 21 22 23 24 1 ? 10 1! 15 17 18 21 25 FRI 10:03 FAX 9403497707 CI~ OF DENTON PLIN~ING ~005 Pa~e 93 ~ ~ sinsl~ on~ of them around, c~ry s~g~ o~ of ~, And so l ~nk ~t it's a ~vc ~ app~ch in c~g a ~mri~l a~? H~ ~d · at ~ b~t about~ ~IoN~ ~Tat Or con--riCh bm~t a~ut? ~, I can ~ you m~ option on bow br~Sht a~ut b~t ~ ~ - ~ C~: well, I'll ~ll ~u w~ you. ~ve ~ m~d ~at T ~ nu~ ~ ~r of ~i. And w~ I wu~ ~ ~ ~ fo~ ~ ~ ~ mum ~ab~ ~l q~n ~n L But I ~ ~ ~ ~ you're h{~ in my ~ini0u of w~l ~ ~din~c~ is, I'~ ~ .' ~py ~ ~ ~t f~ you. Pig~ 94 COMMISSlONF-.R. t~21TI'I; Okay. I'm just : interested in what the blueprint is on how such dlstrict,g · MR, COCHRAN: WcII, l']J. IeJ.[ yOU whah it's actually in that domunc~t that you should havc you, tl~ documant that you're voting~m this cv~in~. : It's all laid out the~ in plain English and you should be able to see exactly what tl~ pnx~ore is, 50 percent'cfi the property owners or si~ owners [ri the district ne~d to mak~ an application. It's ail laid out there. I can it to you if you'd like but, n~vcrtheless, I'm sum you've got it in your backup ~nd I'm sure you'vc mad k befor~ this rat:ting. COM~SSIO~ ~'m: ijua w~ to h~ you desa/be a brief dc,scription red qui~ for t_he ' record. Okay. I hav~ another q~estion. Arc you the ormtor of Cit'tz~ns for Sound ~mwth? MR. COCHR-~q: l'rn not tl~ cr~tOr but I~m a ' mernl~r of CRiT. ens for Sound Growth. COMMISSIONER KE1TH: Okay. Y~dl, I remember your littl~ thin~ here tar/~n8 ~','=y vacant prolmrty around tow~. Thank you. My:. CtX:m~,t~: That was thc organization, by' tl~ way, that opposed the half-cent ~ tax and that's: how that got startr~l, But thank you very Page 95 I cca~toNw 3 ~ic. ~. C~n, 7 ~s~ Holt ~ ~M~IO~ HOLT: I 9 it's for ~, : I 0 or~ance. 12 ~ ~d 13 ~Io~ BOLT: ~ you ~p~ la 15 pmj~t ~d it is ~, ~d ~ of physical ~dship 16 ~ o~not I 7 ~ 20 consi~ ~man~al ~dship. ~2 ~2~ about ~ 25 ~ oLov~ I'm s~,, I ~s I'm not Page 96 I und~rstandinB. 2 C~M~O~ BOTT: w~ say, wh~ 3 m~ ~ & m ~ ~u~ did not -- ~ was ~c right ~i~ ~ ~, bu~ ~ co~d 7 ~. o~v~ wc wo~d ~ ~ w~k ~t out 9 mi~lu ~d. 10 ~I0~ HOLT; So ~ wo~d ~wa~ b~ : 11 a ~dd~ 12 ~. uuov~ T= ~d al~s 13 9'o~d. 15 Of, nO, ~ ~nnot ~ ~S ~ yo~ ~. 16 ~ at,o~: m ~ l~t co~k of 18 ~p~ W put a~min~ ~n~ws ~ ~ ~t~ic di~=ict o~ 19 ~ back si~ of ~ ho~ ~1 ~ no~ ~sib~ fr~ 20 ~ f~ ~ ~ ~n, b~= 0f 23 ~ ~h~ ~ CO~ ~ s~ sore Of ~l~itm on ~4 mat. 25 C~qi~ HOLT: ~d PLANNING AND ZONING COMMISSION ]UNE 12, 2002 Page 93 - Page 96 6 7 10 11 13 14 16 17 18 20 2J 23 24 l 6 7 8 9 10 13 ]4 16 17 20 21 23 ~4 25 Page 97 bottom llz~? M~ ~LO~.R: ~ would go fa'at ~o Eliatorio Landmark Cammis,;o_~ would have ovcrst~t. If ~dy warned ~o, for instanm~, como in and mu- out ~ fmat wall of tl'~r house and build a carlxl~ it would ao first to l-Iisuric Landmark Commisntom Wc would haw input from the neighborhood that was affea~ed. If ~ · · ~ d~nieA at Historic Landmark Commission. ~ cOuld appotl lo Plannin!l and Zonin!l. If you ch~ic~l t~all, thoy could appeal to City CotmdL C~OM~ONIiR I'IOLT: '£h81~ y01L .. ~OMMI,'kStO~ RISI-lV-L: Maybo I could ~t both Ms. Olovcr and Mr. Cochran to join nm here. 0o.~ of the things thal ! bmr coatinually abou! ~ from ot.[~r cili~s and ~ conxmuniti~s about historical antl aborn n~aideatia! ~onscrvatinn districts is th~ fact fl~az gn~ple cornmom that it would bo inappmpria~ for a ' r~ghborho0d, wlza ~ havc thin~s in ~ ~hat look m i be parkapa rcally ugly in a spc~ific noighborbood, that i~ mi~t bc an imgmw:mont ~ b~ abk~ ~o ~ar that !aruarum ! ¢lmvn and tlc complications wo go through am lika t3aL .. And ! kaow MI'. Gochron lovc~ his t~Jghborhood, And tbe~'s probably sonm houst0s on that block that may ~ may not b~ as appropriam a.a po~s~lc, but I know flint bc loves cYsT single one of ~ for tho Incri~ and ~ : 98 hi~mry Lhat ~ume~ behind ~em. And so I'd ~ or i~ for you ~ d~d . for ~ pubhcly ~ pr~ ~t you go ~h ~i~i~ ~ you ~ a ~i~l distri~ or y~ ~ a : ~d~al ~afi~ ~ct ~ why it's mw w~ you ~d I ~t ~n~ ~ ~ of ~ ~t ~i~h~ ~ out ~. ~. ~. f~ g~ we have ~ a ~x~ b~ of ~ ~ofic di~, ~ ~ve ~w~ c~i~ ~at ~o~ of ~~ from p~ m~b fw~ 18~8 ~ ~I a~ut' I9~?. You've got a ~~vc ho~ fr~ Vicars ~d you've ~ot a ~ch s~le ho~ s~ ~ ~, ~ :. weU. A~d ~at's just ~ m~ o~ ~~d ~e whole ~in~ for my~ is j~ ~d for : ~ s~ ~at inapp~ia~ d~]op~t ~d not ~ ~. ~t's ~ w~k f~~ of O~ ~s~ tO a ~n exit ~d fl~'s ~ng t~ ~omiy. But if &e b~l~, if yo~ Page 99 1 affect yom- property righla i~ somotking whcn you ~ in 2 a ci~ ~t you ~ ~, And w~t ~ d~, ifs 3 ~ost a pr~fl~ ~ ~ you ~t ca~ ~ w~st 7 yo~. 8 B~ w~ you ~ ~ 1~ h s~ coD~ol 10 smb~ ~d k's not go~ l I any ~. And ~ ~ somo of ~ ~ings ~l you I2 ~ f~ w~ ~ ~ ~~ wt~ ~ his~c { 4. Ms. GI~ 19 20 out of ~ k's ~g m ~nt you ~s m~ m ~b a 21 b~ng ~n fl is m 23 ~~ ~ ~ o~ b~ w~ y~ ~t 24 ~ ~ ~ m~ s~t 25 y~ b~ from ~ ~d Page I COMML~ilONIfll matin.: AtXl I apprcciatc your 2 comm~la sp~:ific to ~hat and I som=tim~ think ab.ut 3 of Our govemmtm~! insfitllt/on~ I/ka Twu and North 'l'exa~ 4 and tho laak of aonserva~inn tho! they've had with regard $ to ~ campusos, wklch ! have always inl~rpr~iocl just 6 som~imes as a lack of supp~ from ~b=ir a{umni 7 ass~iat/ou lmcaus= of umring down thos= m~mari~ 8 thlnsa. So I appmciau~ thosa speaific chrome, ms. 9 And it also concmu mc about thc Flow ~0 Hospital and fl~ direction thnt that's soin~ within our ! community because I ~ink tlml's a pic~ of oor hi.~mry. 12 So I'm very coo.scimc~ at' wh~r~ w~'m toing with i3 p~icular subiccc. ~4 Tl~ other si~uagon is wl~n I l~v~ an 1~ opponuni~ ~o h-avel fluouit~out 0x~ sta~c and 1 ~o 16 to Waxahachic, I'm always fascins~ccl by Waxahm;hic in ~. 1 ? fact th~ th~ do sor, b ~ o-,r~t job of Sbowh~ wba~ I call IS tjx: i{ood, t~ bad, aad 1tx: ugly of,h~={,' community in 19 their hi~r/ca] tour, both fixer walking tour and 20 driving tour. hecau.ne lh~ xhnw you the shot~,ua houacs aod 21 */ac vcry nice silk stockin~ lOW, thing~ tha~ thcy have.. 2:l what~r eib, but all of it is their h/story and ~ 23 havo one of/x: most thriv/ng hiamr/¢al vommuniti~ in 24 th~ Siato of T~x~. ! w/sh we bad be=n s little bit 2~ fmther ahead On th/s proc. ms. So thank you both vcry PLANNING AND ZONING COMMISSION. .AINE 12, 2002 Page 97 - Page 1 O0 1 7 8 10 12 13 14 l? I8 19 20 21 2.3 25 2 $ ? 10 13 16 17 21 ranch, Commission.s, amy filrtlm- qu~atimxs of ~. ~a m' ~. O~ m ~ ~? ~nk you. ~lU~. How much ~c ~ ~o ~ink ~u wO~d n~?" n~ is Bob ~lph. I li~ at 1717 Want O~ S~ ~d' 1 2 3 4 6 7 9 l0 11 19. 14 I$ 16 17 Ig 19 21 24 25 Page 103 IVklving down to ti~ ~t imm is lohn nad ~'~. And John ~ ~t in a b~u~l ~nt ~ M front of ~ ~. Mov~ ~ ~ s~ ~ S~ott amd ~'a, ~ gmjm* ~ su~ i~ ~ put i, a him ~y mo l~g. I ~ ~ ~ w~ I w~ in 1 ~aw ~ai~ w~ ~t ~d ~ ~ for ~u~& ~. S~'a ~ i~ ~t now p~ f~ a ~ p~t job. ~d I e~l you a~aon ~ ~ ~t ~, I ~ amid ~ bo~, I don't know why s~'s p~g it ~s a~ got ~ ~ ~w. I ~'~ trod a pi~ of ~ng goim on t~t but it'~ ~ p~ ~d ~ f~ a n~ p~l job. ~ is F~ ~d ~m'a ~. T~ jmt ~v~ ~m ~ n~bor~ aM ~a p~ph was fi~t a~ ~ ~ in ~rli~ ~s ~r amd p~h w~ ~ ~a ~n, ~ you ~'vo ~ = ~dou~ job ~ I wish you ~I on ~. ICa jm~t ~bM w~t ~'~ ~. ~ i~ L~'= ~m. '~= ~ ~ built in ~ly 1900'~ 1902 1 ~i~. ~d L~ ~s ~v~ our ,,,~,.?~rhood. Illin ~o many othors in Dcn~on, would b~n~qi; ~'~tly from tho rcsidmtial co,,~a'vatlon district. I'm hn'~ tonight to speak in support of tbo: pmpos=.l residential eon~zvatlon district ordinanac.. Last night I had ~ho privilcs~ of ammdin§ tho City Council planning s~sion wlm~ 1 leanucd ~at ~ nmv buzz phra~ in Plannia$ D~mtmt~ a)t across Amn'icti is ~u~inabl~ neighborhoods. So T w~nt boron, ~kmsl ~' sustain in my dictionary, and lm~'s what I found. Supp~r~ or bear th~ vn~ight of, ~'p~ially for a loal~ p~rlod of .. tirn~ to give str~sth or m ~n~nut~g~ to ~i~ :, aourishmant, to maintain or ~ continuously, to s~md up i: or b~ar lip against. So this af~rnoon I t0ok a short walk". du~ to th~ heat for a coupl~ of hlacka on Oak Sir~t s~d . on~ blOck down 1Motion to acc bow our n~ighborlm~ w~ · being ~rnin~ l.~ m~ sh~ with you SOm~ Of tim that I found, 'I~ f'~ homc I r~m¢ to w~l MarB~ and Adam'm house. Tboy'r~ both $~hool ttacl~s. Moved tl~ tmiff,,hborbo{x! alxmt 15 n'mntha ago. That'~ what ~ houae looked like when tboy movofl in, Thay'v~ aompl~y r~kam:tlminaid~ oftlmhome bcautififlly, 'r~'m now in the pnarnm of ~doing the out~ide, as you aaa sec. Aaa · it'~ ju,~t absolumly lovely. Ewa the g~rago ~e, apexl 3d~'s handiworlt Ho's pu~ng on armw rOOt: tl~' 1 10 11 12 13 14 16 17 18 19 ~-0 21 9-3 24 Page 104 some of flac asbmtos siding in diffcrmt plac~ and fotmd tl~ ~nal ~id~g ~ ~ in ~L ~ hnm~ ~ q~ a his~ sa ~ prnj~t ~ s~ ~ going m be ~ ~va ~ ~ sidin~ and ~m ~ old, and s~'ll A~ss ~ s~ ~ DOn and ~'s ~ ~ you ~ ~ ~'~ ~m a ~ face Uti on from of ~ ~ b~nd n~ ~ch m ~t out in f~m of you ~t ~w Dix~ ~d M~ ~ow ~ ~ ant of ~t~'~ ~. ~ ~ ~ just i~ulnm. And o~ w~d ~i~ ~t ~'s not a ~t ~ ~ m ~p ~ ~ ~ ~ ~h;n~ to ~provc it. W~ ~ ~ a ~u~ bac~ simg ~ ~d a ~n~ flab p~d ~t D~ put iv ~ ~ si~ or Movl~ on ~ ~ s~. ~is is M~n Clint's ~ M~ ~ up i~ ~is bo~ and ~ and hmshand now owu iL ~ fo~ S~ ~' roi. ~"~ in ~ pr~s ~ fi~ag ~ ~om po~h and ~ing coh~-, ~t au~ ~ ~t' o~ ~ t~om porch. Going ov~ ~ M~ S~ ~s is ~ PLANNING AND ZObH'NG COMMISSION. ~KINE 12, 2002 Page 101 - P~c 104 Page 105 I do~ for m palm job on that hou~ ~ l~m. That will 4 ~in. you ~a~ ~ p~ job b~n~ ~ f~ a n~ p~im ~ job. ~ ~ a ~ ~ ~ ~ ~ mo~ ~m- 6 ~ n~b~ood. S~ ~d J~f~ ~t 7 ~ f~ ~ 7 ~ a~d ~s h~ ~ a ~b~ of low, 8 ~ ~= ~ Jnsi~ sad nut. ~'vo do~ ~ ' . 9 ~dous job, ~d w~% ~ c~nl[ ~ ~ ~ pic~ on · 10 ~ ~a~ s~ is ~t it's b~-g p~ ~ f~ 11 ~tnt ~is ~. " 1~ To ~ tmi~ ~s just ~ ~ a :' piM of ~ks, To my wlfc h's om ~p~ ~d a 14 wal~ay m ~ n~bor's ~. TO my ~opmc~, it's ~ do~ pa~t on his ~ ~a~ltsc. So I ~i~ ~u c~ 17 m~. ~ you. 18 ~. ~o~: ~ ~ ~ 20 p~S of ~p~B &i~ ~ ~ v~ h~ on ~ ~i~ ~ for o~ 23 so ~ I c~ ~p a ~ blt ~th som~ q~fi~s. I 24 ~n~t ~,. l'vc ~ bo~ ~ ~ Hic~ Ordj~an~ 25 ~I ~s ~s pr~o~ ~ m~p~ ti~, So 1 2 3 4 5 6 7 8 10 1] 1'2_ 14 I5 16 17 ,I8 19 20 21 22 23 24 25 Page 107 1 ~ ]ms 1o~ of ~ uic~ nci~borhoods. I ~n 2 d fora ~ ~ ~~ ~t ~ ~ht off ~ ~p 3 of my ~ ~t pmh~ly wu~ q~ fm 4 coav=;mflon. ~ of ~ i; ~ W~L O~ 5 I ~ ~t r~ ~v~ ~d ~mn -- l'vc ~ in 6 ~mn 23 ~s. I ~ ~ w~ I was 17 ~s oM ~ 7 go ~ ~o~ ~d I ~v~t ]~ft ~d I kwe ~n ~d 1 8 ~'t ~ of ~y fi~ ~ T~ I w~d ~vc in 9 ~ om. l'vc ~ around, I'vv ~ ~d ~tan. 11 ~as~t~, I'w~amx~. W~Oak 16 aa~m~ai~ ~ In ~ ~nd I d~'~ ~ ~t ~ 21 of ~ ~b~ oat j~ ~ fact ~at it*s a 24 ~t ~ supp~ so~ ~n~ of ~u~l ~dopmcnt in 25 o~ n~b~ ff ~ fit wl~ ~ ~idc~n~ and .o61 don't know, it's kind of fun. It's inte~'e, ating stuff. · I really -- Fa'st off, what I was planning :. to do was put a little pr~mtafion down here that would display up ther~. My printer ran out of ink and I don't. havc a presentation lil~ that. But what I would ~ to'. do is just go over the things I was going m say. But b~£ore I even stun with that, I would li~ tn --ms th~ !. importauca of the historic conscrvation dlstri~ mrminolagy versus just msidmtial. I think that ndghborhcxxi associations am. th~ U~ol for msicimtiat conservation, And 1 think that one of the qualifications for the historic conservation dis~'i~ ls th~ tact that the neighborhood have lx~me~ th9.' t are 50 years older. So that's getting us ratlm So I really think that is an [ml~rtant p~ of this ardinanc~ and I hope it will remain in tact like tha~ I'd like to just talk about some pros and cons, I rmll. y don't have any amcndmants to ordinance. I w|sh I had one hut 1 think I've made plcn~;y of oppommkics and I h~ve r. aken stubs at that' so I Will: mi'rain from that tonight. Thc pros of a historic oanservation district Lq that it protects architecturally diverse neighborhoods which have stood the tr~ of tirt~, Page lC I they didn't look - sumd out l~mibly ffmn cvcrything in 2 ~ a~o& 1 ~ it w~d bo finc. Sc I ~y 3 ~ ~t's ~ you~ ~d m ~ Ci~ ~c~ m a hndm~ 13 of~ ~d ~ ~ of ~c6on ~ ~. s~fion of p~ v~ a~ ~ps mc~ W~ ~ ~V¢ ~C ~C~ or -- con~'aficm 21 ~ ~ f~ly ~ SO yOU ~n't 24 ~t'~ ~y a ~ ~ .~d ~ p~p~ probably PLANNING AND ZONING COMMISSION ~ 12, 2002 Page 105 -P~c 108 6 8 9 10 12 13 14 15 16 17 18 19 2O 23 24 25 I ? I0 ~3 j4 ~7 :2O 2:2 23 Page 109i It will cusum th~ futur~ infill of ~ you ~ up ~m ~oMt ~isi~s about ~ ~b~h~d in ~s of ~L. So 1 ~ ~t 1~ yOU off ~ h~k ~d ~d l~k go~ ~ yom neishb~r~ ~I1 m~ ~t~ a ~ pl~ to U~g, It ~ow oth¢ ~le have mom c~s, but I ~vg ~o. ~ or ~~o~ or ~ City gov~l~ or ~ - you ~ow, w~ ~voHng, ~ o~ tkinS ~ it may ~ ~~ : Page i 10 Thank you. : COM.MI,~SIONF, R RISHEL: MS. Johailssort, w~ rn~y ha~ ~ q~s for yo~ ff you could bold ~'~ :for CO~IS8~O~ P0~: Ms. Johm~ you ~.. ~s to ~d ~vc bc~ L a this s~ of ~ g~, pl~ m vo~ for ~. B~t you ~ pro~ ~ naigh~r~. ~o~ ~ from w~? MS. JOI~SSON; Pro~t ~m rrm ' ~op~t ~t ~ not compatible ~ t~ d~el~t co~Iss~o~ Pow~L; woM~'t ~ rog' do ~t f~ you? ~at ~ I mis~? by vote of ~e P~ ~d ~c Cit~ Co~cil. COMML~SlON~ POW~ ~ you. Page 111 I clear that up fer d~ W~at O~k ~p. 2 co~~ ~: T~ you ~ much, 3 ~. ~nhnn~SO~. 4 MS. ~OH~N: Thn,,~ 6 ~ ~. ~pps. ~ ~, ~s ~? .~d, once a~n, w~Id 7 you ~vu ~ yo~ ~ ~d ad~s and y~ position w~-- 13 a ~ of ~s ~i~on ~ 5 lon~ U~ ~ ~ ~d ~ app~ m 6 ~ c~ m you ~ I~ ~d ~p~, 17 ~id~y from ~ dg~ ~t ~ ~ you ~ll muk. i19 ~y. ~ ~ ~ ~ing 20 ~t I ~u't ~ mny of ~ ~ nn ~ P~g and :21 ~Mng Co~i~ w~ o~ 22 s~ w~ ~ ~ 1995. ~ CiW of~m l-Ik~t~k ~ ~ ~mmi~lion and m~s 24 p~c~ ~ f~lt k ~s ~l 23 con~ing ~ ~c s~ wl~ ~ Ci~ li~ Pag~ 112 ! of Dcaltm. 2 ,amd in 1995 and '96, tbe~ w~ru mon: then 3 2,5~ s~ ~F~ ~ ~ ~ 50 ~ of age. 4 And ~m~h ~ ~s of ~ mm~, many or fl~ ~ $ gl~sir~ as ~ a ~, ~ ~ 1~ p~i~ for 7 ~i~a~, loaaHy ~ ~ ~ S~ or T~as. 8 Prom t~s study ~ ~ ~f~on ~ 9 ~ n~ ~ not j~t ~ at o~ ~c dispel ~d L0 what it ~s ~ ~ pr~ ~on~c dev~c m I ] pr~ ~b~ pg~ $~d pm~on. ~ }~u would, 1~ ~. Po~ but a~ m ~ ~t ~ ~ a num~ 13 of ~ ~s ~n our City ~ ~ ~o ~ ~ a 14 ~ of prolcon ~ ~ ~l ~ nor av~lahk 16 ~h ~ a ~ of ~on f~m ~ ~ 30 17 ~ff~ ~ ~d ~ - ~. ~ ~ ~lp~ ~ 18 p~ ~s, ~ ~ ~ ~f~fion i~ ~ny, many 19 ~ so~ of ci~ ~ ~ ~w ~c~s~l 21 ~st ~ ~ 1975 and ~ ~ ~ a~ do~s of 22 ci~ ~,~,,ut ~ U~d~ Sm~ w~ ~v~ v~ 24 I wahl ~ c~ a f~ po~, And l'm 25 s~ ~ ~. ~n ~ not ab~ m a~d a~ oF o~ PLANNING AND ZONING COMMISSION IUNE 12, 2002 Page ]09- Page 112 Condenselt" I 2 3 7 10 II 12 14 ~7 19 20 21 22 24 2~ 1 12 13 14 15 17 18 20 21 22 23 9.4 Page 113 Landmark C, onvnis.~in,, mcodnp and I'm sort of talam aback at some of tl~ thin~s that bc's come up with, but I'd llkc to clarify, We do havc an ordinanc~ for a historic diswic~. And in this hi.~u=ic district ordinance we hav= an officio Omt dofin~s bis~'ic landing-k. And in ~ City of' D~ton, wc haw a ml~lumism for d~igllatJnll locally Individual propm'tics and giving th~m a hisloric landmark designation. That is dii'ft~m from thc rim"tuition of landmark, ,. And ii' yoct wUl forR. tvc utc, I wo~ld ~ to clarify stn~gthin~ cl~. 'Ibis. Mr. PowelL is to bca historic tansy'ration diltrict. And I think it's aln~dy be~n nivn-amd thai wc do lmve mostly m~id~ces thai arc $oinl~ to bc applied to thi.i. Buz wc also have som~ comm~misl bm'ldi%ns ira; would also bt~ dib~l~ ~o b~ giv~ a historic landmark dmi~nafiOn, which is different. Tlzy would also b~ eligible to orca~ a historic ': cons~vatlon district..~nd we have relied on thc D~aruncm of tl~ Ina=lot smndard~ which spcci~ ~ha~ a .' property or a buildinS slu~uld bc more than $0 y~rS old. Bu[ if you w~l notice, it is a historic conscrvsgon dlsirlct in your ~h-ai~ that you rm~ivod. A ,atx:~craphically defined arco includin~ a laa~a~ark or a ~oup of laudmark~, et cc'ia'a, ot cotcra, and you can ~d.. that. Pagc 1 I am ~onya Whldd~. 1 live on 528 Rob~m Su~ts. 2 Ro~ S~ mos ~Jcu~ ~ ~l Av~. S~'~ ~ of ~ ~ ~t p~c~ ~ ~ ~ w~g also on 4 ~s or~nan~ b~ I'd ~ ~ p~ ~t by 6 38 ~s, ~ '70~ ~d ~ '80s. ~sc of you 7 ~ ~ at ~t ~ ~ ~ ~as a ~t of ~ni~ 8 ~ ~ a ~t of spin ~;.~. 1 ~ do~ at Ci~ 9 ~ancil ~c fl~ in ~ ~ m ~ away. ~y, l0 sp0t ~iu~. 11 ~ ~ w~ ~ my pa~cu~r ng~b~d aid 13 ~~~ a ~iq~. 15 wo~ ~ ~ ~. ~ ~s or&uan~ I find 17 It ~ sn old~ ~~ w~ I Uvc. I 8 O1~ ~b~s ~ o~ suff~ from ~c. None .23 ~ ~ c~ ~ ~ ~ w~d find 24 d~l~m~ ou~i~ ~ Oty, ~ ~ may 25 ab~ ~ ~ so~ of ~ ~ ~ add on. Page 1.14 Bu~ ~ f~r tho purposes of tho ~rmidoa or ~is tmiinancc, a landmark, not a hisr~a'ic dgslgnmed landmark, not a historical landmark and= thc individual tm~s, would includ~ a~y btu'ldin~, stmclar~ site, district, arm, or land of archir~-Ua~ hi~ngcaL arclacolol~icak or cultural importance or value which tl~ City Council dot~rmin~ ll~all bc protccrgcl, So this particular an~ would have tl~ pro~tion of thc historic cons=ration district and tt~ Landmarks aro cl~m~ u~d~' thc purposes of this proposed ordinance. Wc'vc worked v~ry hard and very long. Wo bavc three neighborhoods who have bcc~ at tl~ brink or' bringing for~ som=thi~ for a loni~ ~ ~d w~'d apprccis~ your passln~ ~s this ~ing, co~n~u~rOr,~RISHEL: Thank you, Ms. Capps. Wc may haw somo quc~ons, Cornmisskmgrs, any qu~tion~ of MS. C. apps? Thank you v~'y much. I haw a card from a Souya Whidd~, I know you'll conuct m~. My wife alway~ dom..a,~d I apprccia~ MS. wnm~.~: Yes, sir, I will. Son.va Sony~. COMMUiSIOb,'ER RISI-~L: whidden? ~ you, MS, w~nDDIiN: oood cvimillg, Commissioners. Page l l ! And/n that ~-I~t, I do have a qucstion 2 rel~rdln8 the ardlnanc~ as k is writl~a. I feel that 3 Rtis is an umbrcna ordinance. And to m= I i~,l, 4 pagicularly in dm ccrdficsle oi' appropria~,=ss which ~ is un pak, c 4 of thc dra~ is a littk bit ux~ spt~ific m 6 my liking in ~grms of ~ · ~uxal ordinance. B~.ausc, 7 hope"ally, this m'diuano~ will pass ami that smaller ~ nai[~erlamd~ wb0 want to tmi~ and bca historic 9 cons~rvadun dtstric~ will bc wrid~ ~ owu urdiaancc. 10 And it s~ms n littlu bit smms~ to me m have an 11 ordlnance with tl~ co-~ifica~ of appropriat=a~as ~s an 12 umbrella c~dinsnco to bc so R~:ilk whan ~ w~uld b~ ; l 3 writing our ordinance maybo rno~ lcaitmt alonil somc ilncs. 14 That dou~n't s~s~rn lob, i~l to mu. ,au¢.l ttuu is thc only 1 ~ dism3mmumt dmt I have. W'ull, it's not rcal~,' a 16 disafp,~,,,. ,~ It's a questlan. 17 COMMI~IONE~ RIS[-IEk If you haw ¢omple¢.e.d 1 ~ your presentation - 19 Ms. wtnon~: xes, I hav~ 20 COMMISSIONI~RISHEL; I'll ask. you to gland 21 right hu,~ and I'I1 ask IVi.~. Oh~ver to come up and join you 22 at tho microphono and maybo sh~ can clarify that fur 23 uverybody, as well as yourself. 24 M.q. OkOVE~ W~ put this st~:tion in 2~ spccificml]y so mw would kuuw vamt peopl~ va:re dning to PLANNING AND ZONING COMMISSION ~ 12, 2002 Page 113 - Pa~e 116 09/06/02 FEI 10:06 FAX 9403497707 CITY OF DENTON PLANNING ~011 4 8 7 8 9 lO I1 12 14, 17 ~19 20 21 24 2~ 8 9 10 11 12 14 15 16 l? 18 19 20 21 24 Condm~soJt m Page 117 tlzir hou.~s. 13ccaus~ if this area is goin~ Io bu ptolt~llxl, ~ s~ne n~ ~ ~ aware or w~'s ~n It would Bo m ~ Historic ~n~k C~sslon w~ may apprev~ Wc'm ~t sa~ng ~t ~ c~'t add on anti dis~ct ~ a M~oric con~a~on dis~c~ ~ f~ ~ s~. So es ]on~ as ~"~ not puuing fo~s~ a~igon on ~ ba~ of a ~-s~ ~ you: ~r 2002 ad it ~ps ~ ~ kn~ ad ~ ~ ~o~ :Page Mi. GLCYV~.R: i:1111: Wg;'I~ not doinB that ~ .. ~s ~. W~ do ~t ~ ~ ~c di~¢t b~ n~ in a coat.on ~s~. · ~oN~ ~E~ o~y. ~ ~t ~]p you ~ yo~ ~ his~c ~ct ~t ~ ~p ~ fin~ia~. ~s ~s ~ssion~ Holt'~ qu~n ~rgi~ ~ : ~B ~ ~ ~b~h ~ i ~ fel~ ~t m ~ : ~b~lla ~n~nc~, ~at w~ a B~ bit ~c. ~ y~ ~ much. ~, ~i~ ~ ~d ~ n~ sp~ ~Id ~ .~t~ {sic) ~tO~ RISHEL: ~ ~. ~ON: ~d I ~ve al 520 Ro~ S~t and I'~ ~ ~ a ~ of ~ commi~ far ~ ~ Av~ ~. I ~w s~ I wo~d o~ to ~-aH. co~oNm~ ~: ~ay~ ~f wo~d ~p you wi~ ~ if y~ ~d it ~ ~ rl~t PLANNING AND ZONING COMMISSION ~ 12, Page 119 1 you, ~nd th~n w~'ll give you your time. 2 ~is. WHS~OON: x ~y s~p~ ~e 3 of ~ ~h~ ~on group~ ~d I ~w 4 work~ v~ h~d, ~ ~11, ov~ ~ k~t two ~. 5 I have a q~on ~out ~ ~s ~n~ ~at is 6 ~ you. ~ you ~i~ ~, you ~ ~ 8 m~ ~ff~ ~ ~ ~~on ~s~¢ IMe. As 9 you ~ ~, ~ ~t to ev~b~y in o~ mi~h~d ~0 ~om~ug ~ ~xb~o~ ~fi~. In ~ ~d 11 p~ph it ~ ~t m M~ves cm be iu~u~ ~2 ~ ordinal, 13 ~mpli~ wi~ d~i~ ~i&l~ 14 vol~ but m~ ~ ~t in or~ to qu~ify for my If b~. ~s is what ~ ~le M o~ nei~orh~d 1 ~ b$1i~ing ~ll bc in ~ ~, W~ h~ 8 Now we have ~is or~ ~a offers no 19 m b~ w~er. Iu~ of ~ ~ideli~s 20 volm~, ~y'~ ab~l~ly ~&t~ for 21 p~s. ~'s no ~s~t~ m~e ~ f~t, ~ process for ~ m ~ ~g ~Md 24 ~voive at a ~imu~ of ~o to fo~ muut~ ~ ~ple ~ ~ug ~ d~, a ~ d~r ~ ~ ~ of Pag~ 120 I ~ home. So you sm that what sound~ very iwai,~ and 2 v~ n~ng ~ ~ ~nning 3 ~or~od ~ ~g~y 90 4 ~ ~~ ~ j~ ~ ~d~ ab~ ~s now 7 .~d ~t's m~ ~on~ ~a~ I da ~nk O~ ~s ~!~ m= ~ ~nm~ prop~ wouki 10 vl~btu r~ ~ b~e but non-gon~b~ng ~~ for non~m~g 14 s~t as ~om f~ ~ ~l ~ 50~lus y~ oki 15 ~d haw not ~ ~ ~'~ c~ac~sfics of s~c~. 21 ~d ~o in ~ 23 if s~b~ d~ not ~ ~ ~ a ~ of ~s, ~at if 24 s~n~ d~ no/w~t m p~ci~m P~c 117 - P~c 120 5 21 I 7 8 9 10 I1 12 15 17 18 19 20 21 22 25 Page 121 they would have a chancc to opt out. Well if that's the. cas~, thor~ nee,4ts to bca clause in ~lis tunbr~lla : ordinance stadng that. And th~'s all I have to say. COMMISSTOlqER RISltI~L: ~ yOU very milch;. And being Ms. Glovcr will bc the last sl~aker beaansc ' she's kind o£ presented the l~tiQon as the staff' reprcsmtarive, and I would ask hcr to come back at pOirlt in tim6 becausc I have no oth~ cards of people that wish to spcak at this point in time, and acc if we clm-ify for you how the umbrclla relates to specific districts that would be ore~texi under that, and I thiuk chat might help you understand whcrc she's going with this. Plees~. .~s. GLOVF.~; okay. I can address this bot' i don'T know that I wroLc them down in otdsr bec-_u~ not an orderly person. But we wer~ advi.,~xi by the D~arimmt, since there was already a tax abamment - ' that's not thc right word, Bddic. What's thc right word{ co~l~nssto~p_.e RmH£U mcantlve. :. MS. GLOVER: Illc~ltiV¢, thank yoU. lyre. MARTIN: Maybe since: -- Ecldi~ Martln.~ :. with thc City A~tornoy's office, ~ I ran maybe ¢lati~y. On~ of the things that was ori~nally in a proposed ordinance was the ~ kind of tax incentives that W~ do for historic landmark desigtm~ons. And tb~ fact is in .. P~el~ Page 123 I con~rvafin,, districts and that was on~ of the reas~m.~ 2 that. 3 A~ far as thc qucsfions on thc ccrtificalc 4 of appnvpriate~ess ~ the ~ the thing is the, 5 ca~tificat~ of approprialzmcss, thst's 1i~ proems in 6 which Buicleli~ w~ view, d. TI~ spe~-ifk guiclelimm ~ar 7 tach distr~t will he made w~,**vet each disiricl 8 eros~L % thcre will be specific differ~ type of 9 ~ for ~ch particular dist~t based upon 10 unh:luen~a of that particular conscrvation district. But 11 tho certificate of' appropria~-~s is th~ pm~ss by which 12 everyone will go through to dotcmgno how those will 13 c~forccd. So, csscngally, it is aa umbrella in ih~ ! 4 that ~veryone will have ~o [r~ throu~ that process. But 15 tt~ spcclflc !tuidclines which tho Historic Landzrmrk 16 Commi~ion will b~ deamnin~, that's ~ain~ to bc whether 17 you are complying with tiem or not Is depcndin_~ on which ! 8 cOnservation dislrict you'r~ in. $o t~ specific 19 ~-,,idelines will be diffemul. It's just that thc process 20 ilself' will be the sm~e for everycae in how thal's goin~ 21 r~ b~ infotek, And that'S why tl~ ceniflcau: of 22 aplmlpria~s is draf'l~ in the way it is. 23 COMtVUSS~Or,~t RISI~.J.~ Co.cotmscl Mr, Snyd~r 24 would lilm to chimc in hc~ with you, 25 ~ s~.ome well ~'s oa~ ottx:t Page 12 discussing that particular issur~ v~ looked at it and firs~ tha~ was a q~go~ about r~ ~d a~ ~ .. abi~ m ~ ~ mx ~ if ~ ~ ~ : · at's ~ ~ why ~t was ac~y ~km out of o~ But j~ ~ ad~s a ~oUp~ 0f O~ cou~afion ~s~ct and ~t ~~ ~ ~id~gal u~ of it. And ~at was f~ ~o ~, Fir~ or s~ ~t ~ cot ca~ s~ hii~ btngs ~t ' wM not n~ly ~i~g~ in ~ and sg~ wsn~ ~t ~ ~ c~i, b~ld~ ~ ~d ~ .: ~ and landm~k ~ ~o ~ - ~c or ' ~ ] q~sfiim that was asked and I wish he'd clarify ii. This 2 ClUe.~ion of optin~ om,'h that pos~iblc? 3 LU.]'C LV'..,q~L~N: ~da. T~t was ri:ally tied up 4 tO ~ contrlbuti'nll, non-contributing, and optimj out and :5 not optin6 o~ was all kind of ticd m ~ t~x issu~ so 6 that's why that's no -- ltmt w~ not - 7 MS, OLOVP.,R: And how that's goin=- to wo~ 8 is thc'Il draw lhuir own maps. And it' tl~,'vc got five ~ or six hOuS~ alm~g the ed~ thai don't want m 10 ~anklpa~ th~'ll jura draw tlx:m out. Wo don't waat to 11 do li~l~ donuts throughout the neil~hborhood. -~d 1 think I2 il' a B~Oup fmdx that tJ~ey dn~'t ~e~ll~y have caough 13 support, if that slarts hapl~aing t~ them, ~ I bcli~v~ 14 th~ Historic Landmark Cammissiou would rccommead that 15 pcrhaps ~ miL~ht want m think ~bout I~ins a diff~mt 16 way ~ a neighborhood association or s~ur~thiag a llrQc 18 The reason we put =- I'm sorry, I can't 19 t,-vea n-ad my own ~otes. I put ~uidclincs cquaI 20 pro~ction. And I think what I meant there was unless 21 evet~0dy in the a~ea altfees ~ ~i~ by thc guidclin~, 22 you ~ soins m have somebody ~ inap~opria~c ~in!~s 23 far t~e ~ which kind of nc~s the whok~ idea 24 of what we're trytn~ to do hcrc, 25 Tho qucs~iou ~bouz tl~ back clnor. -'hc would PLANNING AND ZONING COMMISSION ~ 12, 2002 Page 121 -Page 124 1 ? 10 12 14 15 17 2O 21 22 2~ 25 1 2 4 ? 8 10 11 ~4 17 2O 21 2~ 24 Condans~ltm Page 125 not need a certiflcaln for that. Sla~ could do that on thc weekend without e building p~ So that w~uld b~ Or anything tlmt x~ally doesn't re. quir~ a building po*alit thin~s that do r~xtuin: a building lxamil, ttmt's 6oi~ m b~ i~m'al maia~..sn~ and wffi not m:iulr~ a cerdfieau~. And I thl,dq that was all. Was ~ allytlgllg ¢o~sstoN~ m$I-l~L, I hop~ c~mt ansv~red ~-~ qu~i~ that you had, rd ir you haw funbor qu~tlons, obviously, Ms. Olov~ or sudT wuuld b~ happy m u-y to an~r tl~ qu~tioas for you. One of ~- things that snm~o~ had ask~ about was a ¢]aus~ of $2,000.00 of a po~:~tial fir~ Ihat mJ_~ht bo ]~vied with. rcgard ~o violations that ~ ob$~-v~l in thc dis~ct. Tell n-~ how goat would work and givc mc an vxampl~ nf how that would bo appropriate. M~- ~TtN: we. Il, actually, that's ~ san'~ as a~¥ athcr zoning. That's tl~ maximum fin= allow~l by law on all zoning ma~ aad that was just h~l,_,~ as wir. h any otha' zoning. ddstdct would have g~at s~m= typv of chu~ in tix:r~, ~oo. l-low maay ~ ha~ that b~n applied m your M,% Ol.OVffl~ NCV~. Page 126 ~OMIv~ON~RRIS~IE~., N~Wr. O'lmy. Thsnk q~n about ~ qu~gon ab~ pu~ ~ ~ ~ ~d' : you sa~n~ arising ~t ~'t ~u~ a bufldi~ ~t.' And ~ ~ ~m~ ~ about ~ ~ws ~ng appro~':. it's what's visib~ on ~ f~n~ ~y ~ ~out or ho~ on ~ facing s~, So. 1 ~n, ff you'~ B~ ff ~u a~ ~ out w~ ~ndows and ~u ~n~ q~gon ~sus~ ~m ~ about - ~ so ~ wou~'t ~ m ~ appr~ai for a M~k Page 127 I ckx:r mpheenmat =, long ~ sim wt¢ getting thc s~ kind 2 of ~k ~ 4 was a w~d back d~ 5 wo~d ~ fi~. 6 ~M~IO~ APPL~: But w~t if ~ wa~ 7 ~ ch~n~ ~ ~ 0f ~ck ~? ~ ~. o~O~ $~ sh~ probably fill out a 9 c~fica~ and I ~ ~bnhly gay. ~t'S okay. lO ~ ba~ of ~ ~um. 11 ~ ~s: w~ 12 b~mc ~ Is w~ 3 dis~t ~y ~ ~ p~y ~ b~au~ if in a 14 p~c~ ~n~afiou d~ch 16 ~nt~ws, ~ ~n't ~y ~nd ~t ~ m~l is as long 17 as ~ ~k rays ~ ~. 18 cousi~a~n of ~ pa~cu~ ~m. B~a~ 19 ~gflly ~ wsy ~ ~ w~ is ~ wha~ 22 to ~y and w~ you c~ 23 ~ ~t's ~ it ~ ~ own ~. ~ ~y ~p~t in ~ ~1~ d~ you Page 128 I know, tim architectural type features and things of that 2 nature. So the ~ideli~es ar~ goin~ to be designed to 3 help preserve th*s, particular maiquenes~s of that 4 particular nei~borhood. 5 And so -- but the thing is in doing that, 6 t_~ n~b~rs ~VeS can Ck'tzrmin~ or at least going 7 through and pm~nt it in their t~idelln~s that 8 n~i~htxadux~ f~els like this will pro~t it, ~ they ~ can also 80 in and say a~ long as you u.~ like martials, 1o like thil~,s of that nature, or they may even say as Ior~ l I as you're not incrcasing th~ ~ of the door or tl~ sim 12 of thc windows or things of that. nature, you can 13 tho~¢. That may be tho part of ttm guiddin~ themselv¢.~. 14 COMMIS$IONER a.~;'t.~: weal, taking all that 15 into consideratkm, I can still see th*ir mar, on for I ~ rx:o__e__~m with those la~ beaaur~, .again, like ~ ? mauriais, lil~ objcels would be totally objective to the 18 pla-son makha$ that. d6terrnination. And so I would assume 19 that thos, items would still haw to go before .mmmnc to 20 ~ ~'rmn having a Fm~ in ~ t.l~ir p~rc~pLicra of llke 21 materlal~ was not. what th, di,trict's p~tior} of like 2a Ma. GLOVF~: ~ still think it's going to 24 cum~ down to th, guid~Iinm. And 99 percent of the times 25 that I find oat about amr~thlng in tl~ hi.qmrie dLqrict PLANNING AND ZONING COMMISSION ~ 12, 2002 Page 125- Page 128 1 6 7 8 9 lO 12 13 14 15 16 17 20 21 22 23 24 7 9 ~0 12 ~]4 l? 20 21 23 ~4 Page 129 lik~ someone has an aluminum window sitltug on their 1 porch, a neighbor eadls and tells me about that. I don't 2 $o t, hrort~h the historic dlstri~ d~ily looking for people 3 that are working on their houses. It's always sonmbody i 4 =tse that let's me know about it, COMMISSIONER APPLE: And I know what a fai~ 6 pcrson you are, I'm just m/tug to make her £ed mom : ? comfortable with -- : Ms. GLOVBR: Wcl~ I think they can nddrcsa :. 9 a lot of that in thc guidelines. And if they think that. ! 10 vinyl clad that look Iikc wood is okay, in the, Lr guldr, tincs, I2 COM'IvIT~$IONER AI'PLI~: Okay. So ~ach . ' di~ri~ wo~d ~ able m ~w up ~ o~ ~i~l. inm ~ ~t to the~ di~i~. · MS, OLOV~m ~t. ~MMISSION~ ~P~; ~k yOU, ' ' COMML~SION~R ~SH~L; Th~ y0~ · Co.mmis~o~ Apple. Co~o~ ~i& co~Mism~ ~: Th~ yo~ ~g ~]~ fi~, how ~d who w~d ~ ~ r~? ~ ~: That'~ ~ ~y 0~ : d~on. If you're ~vm a ci~i~, you go ~ : m~i~p~ co~. ~ you'~ fo~ ~y of ~ v[ol~o~ ~ Ju~ &~ -- i · P%~ 130 COMMISSIO~BR KErm: well, who th~ ~imtioa? MIL MARTIN; Code filnfca~l~n~mt. : COMMI.~-qIONIIRI~F.J'rH: COdC Enlror¢Ot~n~,L WoU, I mean, b~ing a district, bi,stork:al distrk:t or whamvm- it's callcd, ~ who would bc calling this into :' ple~? Would it bc ~ dt~:~ of that City? : MR. Mtm'l'~: rt's .just like every otlmr .. zoning ordizum¢¢ in vioMtion, it's whnever mak~ ~omplaiut..&ad if th~ Cod~ F-~orccmcut mrna :t tham_melvm or someone no6fies Code Enforcement or ir- k's just lilm any other violmlon, k however it's tapered_ it's how Gode En£~t f'mds out a~d whtal~ they go and cite. You know, it's just ~ any other - COMMmStONE.~ KBT'~: so if you haw ne/g. hbor 1hat do~n't .ma alca~g with anoth~- n~hbor, I could sea n pr~ble~ I/x:ro, I'm jv.~t - I've ~z/a filings like ~ hSl~'n, Thank you v~, mu;h, MI~ MARTIN: rlmt ~tay bc truo but it's just JJk~ b'v{a'~ otla~r zonillg ordlnanee. OaMM[S~[ONmZ ~StmL: ¢-:ommJssJonera, any furtlm- quesfious of staff? Ms, Glovor, I'll ask you to glv= a .~ummatloa wi~b tabard m wb=m wc arc and we will close 'cbc public l~tring. PLANNINO AND ZONINO COMMISSION ~]014 Pitg~ 131 ~aa. OLOVEI~ A mummafion, I think this is going to bo n good thin~ for the C, iw to promct oktcr m=ighborhoods, m pro1=ct om' affordable housing and our re~oure~ ~ we hav~. Ami as I slal~d Ixffore, stuff d~ rwmmimmd approval of this ordimmce. COMIv~98[ONl~ EI$Itm.. Thnnk you ~ much, Commi~sin~, lall me what dh~fion ynu'd li~ to -- Commis~loncr Pow~il, COMMmato~Ep, l~W~U.a Mr, C2mirman, 1 ~trongly £col that this is noz an area for us to ms~ ~ dy. cL,-ion but I acc wc're fore. ag to. I think iz should be a degisiou mat~ by ~!_~_-md officials. So. th~w. Xtm:. I 13 will ~ecommend tha~ wc r~d this on ~ the City Council 14 for approval 15 COMMV~m~r~ riOt,T: second. 16 COMIvlI.~IONER RISHIiiL: was that a 17 COMMIS.~ONL~R POWF. LL: Y~.q, it was. 18 COMMI~,~IONER R~S~t~U Thank you, I j~.qt 19 wan~x] ~ ~20 COMMI,~IO[¢ER ~OW~.--- a-h~,~ yOU. I'm 21 sorry. I v,~ -- my motitm was to nm~mrn~nd al~mval. 22 ~ yea 80. 23 COMMISSIONER mS~ m~d the s~oud by 24 CommissJon~- Holt. Any ~ dis~u$$ion? Cornmi.s.~inr~r 25 Mu]my. P%oe 1." I COMMISSIONER MULRO¥: 2 at Ihe b~tmiug I w~ ~9.44 3 ~ ~ ~ A~ 15 ~u~ ~ ~ph~ m ~ w~t 4 ~ ~ says ~d I'm sfiB ~t ~, ~ ~w co~d S ~g~sh ~d ~~~. Jnc~ora~ s~ or' ~ ~ng ~t ~. ~n has s~ fit m &~ ~d ~ it is mo~ LO <c~b~, I've ~d 12 Mv~v~ m 1~ at ~ fi~ ~t m ~y. ~, oh, no. you'~ ~Uy not goi~ ~ ~ b~ by ~s, Ms. so and mn~t. ~ you. 19 ~doul ~unt of ~uble wi~. F~ of ~ it's 21 on ~s ~ ~ it's su~t ~ approval by p~ ~ o~ ~~. ~ it would ~ is 5fl p~t and 23 ~ ~able P~ ~d ~u ~ ~vc a wMl~ ~od 24 ~c~ wi~ a ~Mct 25 ~ may nm w~t. I ~In~ ~nl that ~},~ ~ sdd~s~ 12, 2002 Page 129 - Pag. e 132 I 2 3 4 6 7 9 ~0 Il 12 13 14 15 16 I? 18 '19 2O 21 22 23 24 1 2 3 4 5 6 7 8 9 ,0 12 16 17 18 19 20 21 25 in bcing a gr~r~r p~rcmtalic. I ~Mk 50 ~aml is.Mst ~ Ci~ as a who~, a~r ~ or ~ GiW of pr0bl~. a ~ding ~t w~ so~ ~ us add on and do ~ ~ p~gc~y had ~ go him a ~ of : as ~ng som~ing ~t ~ly ~ v~ w~y of ~ CJ~ ' can b~ jud~ti, ~at's ~ subjmgv~. ~'s ~ many of ~ community. · Page 134 av~ house, hold inexma~ won't b~ ab~ ~ b~t ~d .' ~'~ ~ ~ pi~k up ~ mb of ~ ~ ~t ~ b~ ~ from ~ ~ ~~. I j~t ~ a' ~t of mb~ wit ~ .. ~ ~sgff. ~ in ~s of whi~ it's ~ing, i~ o~s up a~s of ~or~ vmS, ~bor ~d~, ~d Ij~t don't - lj~ ~ at hu~n ~ing up ~ Pan~ra'i b~ w]~ ~L I c~n~ Wi~ ~C c~rac~cs, unl~s ~'~ ad~ and ~is~ I can't ~ng i~ ~i~on~ ~ ~gon~ P~ Excua~ ~ ~dssio~ App.. ~ ~ ~ m~n m ~w it ~Ong to ~ Council and rurally ~ ab~t ~is. And I ~i~ ~ ~. su~ not ~ w~t ~ said in s~ ~smu~, So I ~11 · b~ ~ ~, voting f~ it m ~ve it ~g but I ~ ~ ~t ~ wi~ ~ ~ ~on~ ~ Page 1 I know th~ in~nt of fi-d.q i.~ v~ry flood and 2 I know tl~ 3 bmod thing 4 ~ ~Y 6 7 C~issi~. Q~sion~ P~. 8 ~M~O~ POdia T~ lO b~c~y, ~in, I'm .~ I m=~ f= 12 b~in~s ~ ~= ~i~, I ~n*t ~ l ~i~ it's 13 our busings 14 fl~ I ~ I find a ~ cf ~ ~nS ~ ~s but 1 ? s~ ~ ~c~ing it ~ ~ ~ official and lg ~t's w~ 2 sh~Id ~ ~ ~ ~t's w~ it 19 a~d ~ fount ova, ~ yam 21 C~Jss{o~ p~ ~ml~sio~ Holt, 22 c~tO~ BO~I; ~, I w~ be young 23 ~ pros 24 sar~ ~ ~y b~t ~ ~is ~aum it ~ a 25 v~ ~ng and it ~ i~ by ~ ~~. PLANNING AND ZONING COMMISSION Pagc I36 I If li~ n~i~lb~rh°°d~ w ~ncl it'a not ~asy m do. It's 2 going to lakn a lot of work on tl~ pan of a t~ighb~horai. 3 And if you ~vc ~at ~d ~f a ~bor~d ~t wi~ put 4 in ~ ~ ~ go i~ ~.'~ ~ly a p~y 5 ~up ~ay. ~ 1 ~ ~ ~f~ w~ ~ built in 8 fw t~ ~d ~ ~t ~ So I ~11 ~ vo6n~ for 13 su~ k h pHncip~ ~d I do, ~ ~g. ~ ~ 14 s~ ~ C~si~ ~ mo~ it on a~d I ~1! ~oH 1~ it now. ~ank ~u. 16 ~o~ ~ ~sio~ 17 ~MMI~I~ ~w~E: ~ ~ 18 COMM~ ~ T~nk yau. 1 ~d 19 want ~ ~t but ~g y~ ~ ~ qu~tion, 7 ~1 20 not. 21 ~o~ ~.: ~ s~ ~& 23 c~. We ~ a ~fion f~ C~,sion~ Po~ll. a 25 cs~ and ~. Sny~ wo~ likc ~ cluny. 12, 2002 Page 133- Page 136 1 2 3 4 $ 7 8 ~0 11 13 i4 I5 ? 18 20 21 22 23 1 6 7 9 10 II 12 13 14 15 16 17 lp 21 23 2_~ Pnge 137 MR. SNYDF-I~ This will b6 a §oixi opporRm~ it's not ~ au~c vo~, It i~ ~ au~a~c v~ so off ~ doba~ unless ~ ~j~ of ~e Co~s~on ~t ~d ~ will p~d ~ ~ ~1 of ~ q~, ~ce ~ I~ No. 13 on o~ ~da, a motion by · p~:. Pag~ 138 COMMII~SIO.WI~I. l~l~I-l~Ia Commissione. r ~ ! CO~slO~ KE~: May I j~ m~ a ': q~ ~t? I j~ ~t W pl~ ~1 ~ · at I ~ 1~. I ~ink w~ you'~ doing ~ ~ble. ~ just ~ a ~upl~ of -- co~s~o~ ms~: co~s~'~i~, ~ ~'w ~ ~sc~ion on ~. " co~IsslON~ ~: ~ you v~ m~ ~ow ~ ~ve, but I j~ ~ m -- CO~ISSlO~R K~: We ~ve ~ ~g" ~ ~ q~s~. : COMMISSION~ ~t; Ij~ w~d.~ ~plimmt. ~ yo~ s~. :' CO~SS[O~a mS~U ~ ~ ~ of ~'. ~d ~ ~k yo~ ~. ! 2 3 4 5 6 1 B 9 I0 1I 12 13 14 16 17 19 21 22 23 24 25 PLANNING AND ZONING COMMISSION · JUNE 7 B 9 10 II 13 14 15 I? 18 19 20 22 24 2~ 12, 2002 ~016 Page 139 Page P~e 137 - Page 140 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 35, SUBCHAPTER 7 OF THE CITY OF DENTON CODE OF ORDINANCES, "DENTON DEVELOPMENT CODE," "SPECIAL PURPOSE AND OVERLAY DISTRICTS" TO ADD SECTION 35.7.6 "HISTORIC CONSERVATION DISTRICTS" PROVIDING FOR THE CREATION OF HISTORIC CONSERVATION OVERLAY DISTRICTS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $ 2000.00 FOR EACH AND EVERY VIOLATION THEREOF; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council finds that there are areas of the city which reflect elements of the city's cultural, social, economic, political, architectural or archeological history which should be conserved and protected; and WHEREAS, the City Council finds that it would be appropriate to provide protection for these areas other than the rules and procedures relating to designation of "historic districts"; and WHEREAS, the City Council finds that by allowing the creation of historic conservation districts that it will provide flexibility in protecting the particular cultural, social, economic, political, architectural or archeological history of these areas; and WHEREAS, the City Council has received recommendations from the Historic Landmark Commission and the Planning and Zoning Commission, after giving the required notices and required public hearings recommending that the city should allow the creation of historic conservation districts to protect the city's architectural or cultural attributes; and WHEREAS, the City Council finds that allowing the establishment of such historic conservation districts serves a public purpose; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Section 1. That Chapter 35, Subchapter 7 "Denton Development Code'', "Special D~stncts , Code of Ordinance, City of Denton Texas is hereby amended by Purpose and Overlay ' ' " adding Section 35.7.6, Historic Conservation District to read as follows: 35.7.6 Historic Conservation District 35.7.6.1 Purpose The purpose of establishing historic conservation overlay districts is to: A. Safeguard the heritage of the City of Denton by preserving areas of the city that contain landmarks, buildings, m~d/or sites which reflect elements of the city's cultur~J, soci~J, economic, political or architectur~J or archeologic~J history; B. Stabilize m~d in, prove property wJues; C. Ensure compatibility of new construction and structur~J alterations with the existing sc~Je and characteristics of surrounding properties; D. Foster civic pride in the beauty and accomplishments of the past; E. Identify and promote the use of historic resources for the education, pleasure and welfare of citizens of the City of Denton. 35.7.6.2 Definitions The following words, temps and phrase, when used in this Sub&apter, shaJl have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Historic conservation district: A geographicaJly de£med area including a landmark or a group of landmarks, created by the city council for the purpose of historic preservation. The city council may establish more than one such historic conservation district. Landmarks within the boundaries of a historic conservation district are related by historical, architectura~ or archaeologica~ significance. Historic preservation: The protection, reconstruction, rehabilitation, repair or ~storation of landmarks of historical, architectura2 or archeolog/caJ significance. HPO: The Historic Preservation Officer for the City of Denton (HPO). Landmark Any building, structure, site, district, area or land of architectural, histofica2, archaeologica2 or cultura2 in~portance or value which the city council detem~ines shall be protected, enhanced and preserved in the interest of the culture, prosperity, education and general welfare of the people. Landmark Commission: The City of Denton Historic Landmark Commission (Landmark Commission). Site: The location of a significant event, a prehistoric or historic occupation or activity, which may include open spaces, or a building or structure, whether standing, ruined, or vanished, where the location itself possesses historic, cultural, or archeologicaJ value regardless of the va~ue of any existing structure. 35.7.6.3 Criteria for Consideration as a Historic Conservation District In order to be considered for designation as a historic conservation district, a~l of the following criteria must be met: A. The proposed district must include buildings, structures, or sites which are 50 years of age or be of historic aJ significance; B. The proposed district must include buildings, structures, or sites that have conm~on character del-ming features and be of conm~on forn~; C. The proposed district must include buildings, structures, or sites which are similar in size, massing and scaJe and/or have a conm~on streetscape and/or have sinfilar spatiaJ relationships and/or contain conm~on visuaJ qualities such as vegetation, vistas, orientation, set back, spacing, site coverage, exterior features, or materials. D. The proposed district must express a locaJ identity as recognizable combinations of quaJities common throughout an identifiable geographical area. 35.7.6.4 A. Procedures for Designation Designation as a historic conservation district may be initiated by the Landmark Commission or by written request of more than 50% of the owners of property within the proposed historic conservation district who collectively own more than 50% of the land axea within the proposed historic conservation district. Such a request shall designate clearly the land proposed to be included. Upon receipt of a request or upon its own motion, the Landmark Commission shaJl conduct studies and research and make a report on the landmarks within the historic conservation district, or on the site(s), building(s), structure(s), object(s), open space(s), and/or feature(s) which would be landmarks if the area were designated as a historic conservation district. The report shaJl i~ rib~.>)re~ ~ how each building or structure contfibute~ to the del-ming characteristics of the proposed district.. The report shaJl contain boundary justifications for the inclusion or exclusion of geographicaJ areas in or from a historic conservation district or for the exclusion of geographicaJ areas from a historic conservation district. The report shah also detemxine if the request meets the criteria set out in Section 35.7.6.3 and set forth the basis for the detemxination. C. If the Landmark Commission detem~ines that the area is not eligible for Conservation District classification, it shall notify the applicant of the fact in writing. Notice is given by depositing the notice, properly addressed and postage paid, in the United States mail. The notice must be sent to the address shown on the application. The decision of the Landmark Commission that an area is not eligible for conservation district classification may be appealed to the Planning and Zoning Conm~ission. D. An appeal under subsection (C) is made by filing a written request with the Landmark Commission. The request must be filed within 30 days of the date written notice is given to the applicant of the Landmark Commission's decision. In considering ne appeaJ, the sole issue shall be whether or not the Landmark Commission erred in its detemxination of eligibility, and, in this connection, the Planning and Zoning Commission shah consider the san~e standards that were required to be ©nsidered by the Landmark Commission in ma&lng its detem~ination. E. The Planning and Zoning Commission's detem~ination of eligibility on appeaJ is final. If the Planning and Zoning Conm~ission detem~ines that the area is not eligible for conservation district classification, no further applications for conservation district classification may be considered, for the area of request, for two years from the date of the decision. A property owner in the area of the request may apply for a waiver of the two-year limitation pursuant to the Planning and Zoning Commission and must show changes in circumstances that alter the facts and conditions upon which the first decision was detemxined. F. If the Landmark Commission detemxines that the area is eligible for conservation district classification, it shah conduct any necessary studies and undertaJ~e any additionaJ research it deems necessary on the proposed historic conservation district. The decision of the Landmark Commission that an area is eligible for conservation district classification may not be appealed. G. Once any necessary studies or any additionaJ research is complete, the Landmark Commission shall hold a public hearing and shah give due notice of such public hearing. The notice for the public hearing shah include written notice to the owner(s) of record of property proposed for designation as a historic conservation district. H. Within forty-five (45) days after the public hearing, the Landmark Commission shall submit a final report to the Planning & Zoning Commission, stating its recommendations together with a draft of any proposed change. I. The Planning & Zoning Conm~ission shall hold a public hearing and shah give due notice of such public hearing. Within forty-five (45) days after the public hearing, the Planning & Zoning Commission shaJl submit a final report to City Council, stating its recommendations together with a draft of any proposed change. J. The City Council shah consider the £maJ reports produced by the Landmark Commission and by the Planning and Zoning Conm~ission in their decision making process. The City Council may amend this subchapter to designate property previously excluded from a historic conservation district or to designate deletion of certaSn property from the historic conservation district. K. Requirements of Subchapter 7 "SpeciaJ Purpose and Overlay Districts" shall apply to the creation of Historic Conservation Districts, however, any conflict between this Section and other provisions of Subchapter 7 shall be resolved in favor of this section. 35.7.6.5 Conservation District Ordinance The ordinance creating a conservation district shah be based upon the reports and recommendations of the Landmark Commission, Planning and Zoning Conm~ission, city staff, and property owners at the public meetings. The ordinance must contain design guidelines based on the U.S. Secretary of the Interior's Standards for Rehabilitation, and may further contaSn any addifiona] regulations, specia] exceptions, or procedures that the City Council considers necessary to conserve the distinctive atmosphere or character of the area, or to minimize potential adverse in, pacts which could result from the creation of the district. In addition, a]l property owners must confom~ to existing building codes and zoning regulating land uses. 35.7.6.6 Existing Construction A. Existing onstruction shall be m&ntained in a max~ner that preserves or prolongs the structural integrity of the character defining features of a property. Repairs shall be executed in a max~ner consistent with the design guidelines established by each individual historic conservation district.. B. Repairs to structures that are deemed not to contribute to the character del-ming features of the district will not have to comply with the design guidelines as long as the repairs are consistent with current architecture. 35.7.6.7 A. 35.7.6.8 A. Alterations to Existing Construction Exterior structural alterations along the street frontage of historic buildings or structures should be avoided and shall be kept to a minimum. Design for structural alterations to existing buildings or structures in the historic conservation district shall confom~ to the design guidelines established by each individual historic conservation district. The design shall be compatible with the character defining features of the majority of surrounding properties and exhibit similar size, massing and scale as nearby contributing buildings or structures. The design guidelines will not apply to structures that are deemed not to contribute to the character defining features of the district as long as the alterations match the existing exterior structure. New construction; Structural Enlargement or Reduction When new buildings or structures are proposed within a historic conservation district, their design shall be compatible with the historic, cultural, or architectural character of the area. The design shall promote the existing spatial and visual qualities in the historic conservation district, including height and scale of buildings or structures, orientation, set b ack, spacing, site coverage, m~d exterior features. Design for new construction sha]l confom~ to the design guidelines established by each individual historic conservation district and a certificate of appropriateness shah be required under the sa~e process as in section 35.7.6.9. This section shah not apply to new construction to replace a building that was deemed not to contribute to the character defining features of the district. The new construction must match the height, scale, orientation, set back, spacing, site coverage and exterior features of the building which it is replacing. New construction must meet the provisions of subsections A m~d B herein if a building pemfit is not applied for within six months and construction does not begin within 12 months of the damage, or destruction of the structure. 35.7.6.9 Certificate of Appropriateness A Certificate of Appropriateness is required for work that has the potential to change the character of a structure or a group of structures in a historic conservation district. A Certificate of Appropriateness is not required for routine maintenax~ce. Routine maintenance does not change the character of a structure or a group of structures in a historic conservation district. Routine maintenance includes, but may not be linfited to, painting already painted surfaces in-kind, replacing rotted or damaged siding or roofing with in-kind materials, replacing or repairing broken fixtures or hardware in-kind. A. The following lists the steps required to obtain a Certificate of Appropriateness: 1. The property owner is required to submit ax~ application for a Certificate of Appropriateness to the HPO before proceeding with any work not considered routine maintenance. Exa~mples of work requiting a Certificate of Appropriateness application includes, but may not be linfited to, the following types of work: a. SubstantiaJ exterior repair involving the removal or replication of character del-ming features; b. Rehabilitation, including minor rear or side additions to the building or structure (such as a small bathroom, laundry room, minor room extension, additional openings not visible from the street), or to the land (such as fencing, or outbuildings); c Major alterations to the building or structure, including additional openings visible from the street, garage, guest houses, major additions to the side, rear or additiona] full or partial story, or to the land (such as fencing or outbuildings). Infom~ation required to accompany an application includes: a. Plans of proposed work b. Photographs of existing conditions c Photographs or drawings of nfissing features or elements to be rebuilt d. Infom~ation on specific products or materials proposed for use All infom~ation submitted must include sufficient detail and specificity to enable an assessment as to whether or not the proposed work is in accordance with the historic conservation district's Design Guidelines. 2. Upon receipt of a complete application, the HPO shall forward the application to he Landmark Commission for review. The Landmark Commission shall detemfine whether or not the application documentation is adequate for evaluation, and shall detemfine if the proposed work is in accordance with the applicable Design Guidelines. If an application is approved, the property owner may proceed with the work as approved. 3. If the Landmark Commission detem~ines the proposed work is not in accordance with the applicable Design Guidelines, the Landmark Commission shall make reconm~endations to the applicant regarding changes to the proposed work that would bring the application into compliance with the requirements for approva]. The Landmark Commission and applicant shall work together, in good faith, for a period of not less than sixty days, to resolve outstanding issues and reach agreement that is in accordance with the applicable Design Guidelines. The applicant shall provide the Landmark Commission with all pertinent infom~ation to help guide the Landmark Commission in their decision maXing process. If infom~ation is made available to the Landmark Commission regarding econonfic hardship, the Landmark Commission shaJl taXe that infom~ation into account regarding the applicant?s ability to acquire specific materials and/or craftsmanship or complete a scope of work. If after good faith effort, agreement is not reached, the Landmark Commission may deny the application. 4. If the Landmark Commission denies an application for a Certificate of Appropriateness, the applicant may appeal the rejection to the City Council, within 10 days of the notice of denial. The Landmark Commission shaJl provide the City Council with a report of their findings and efforts within thirty (30) days of the appeaJ. The City Manager shall, within a reasonable length of time, place the matter upon the City Council agenda for a detemfination as to whether or not the proposed work is in accordance with the applicable Design Guidelines. The City Council shall consider the Landmark Commission's report in making their decision. If an application is detemfined in accordance with applicable Design Guidelines, the Council may approve the application. If an application is approved, the applicant may proceed with the work as approved. Verification of Compliance for Certificate of Appropriateness Process 1. The HPO, or designee, upon receipt of an approved Certificate of Appropriateness, but no less than thirty (30) days after, shall maXe an investigation of the property and shall approve or disprove the fact that the property has been completed as required for Certification. If the repair or renovation deviates in any way from the approved construction plan, the HPO will forward his/her findings to the Landmark Commission. 2. The Landmark Commission shall review the infom~ation subnfitted by the HPO and decide whether or not the deviations from the approved construction plans are in accordance with the historic conservation's district Design Guidelines. 3. If verification of completion shall be deemed unfavorable, the applicant shaJl be required to complete the work as shown in the approved constriction plans or correct the deviation in a manner consistent with the applicable Design Guidelines or appeal the Landmark Commission decision to City Council. SECTION 2. If any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. SECTION 3. Any person violating any conviction, be lined a sum not exceeding $2000.00. is violated shall constitute a separate and distinct offense. provision of this ordinance shall, upon Each day that a provision of this ordinance SECTION 4 That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Demon Record-Chronicle, the official newspaper of the City of Denton, Texas within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 35, SUBCHAPTER 7 OF THE CITY OF DENTON CODE OF ORDINANCES, "DENTON DEVELOPMENT CODE", .... SPECIAL PURPOSE AND OVERLAY DISTRICTS" TO ADD SECTION 35.7.6 "HISTORIC CONSERVATION DISTRICTS" PROVIDING FOR THE CREATION OF HISTORIC CONSERVATION OVERLAY DISTRICTS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $ 2000.00 FOR EACH AND EVERY VIOLATION THEREOF; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council finds that there are areas of the city which reflect elemems of the city's cultural, social, economic, political, architectural or archeological history which should be conserved and protected; and WHEREAS, the City Council finds that it would be appropriate to provide protection for these areas other than the rules and procedures relating to designation of "historic districts"; and WHEREAS, the City Council finds that by allowing the creation of historic conservation districts that it will provide flexibility in protecting the particular cultural, social, economic, political, architectural or archeological history of these areas; and WHEREAS, the City Council has received recommendations from the Historic Landmark Commission and the Planning and Zoning Commission, after giving the required notices and required public hearings recommending that the city should allow the creation of historic conservation districts to protect the city's architectural or cultural attributes; and WHEREAS, the City Council finds that allowing the establishment of such historic conservation districts serves a public purpose; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Section 1. That Chapter 35, Subchapter 7 "Denton Development Code", "Special Purpose and Overlay Districts", Code of Ordinance, City of Demon Texas is hereby amended by adding Section 35.7.6, Historic Conservation District to read as follows: 35.7.6 Historic Conservation District 35.7.6.1 Purpose The purpose of establishing historic conservation overlay districts is to: A. Safeguard the heritage of the City of Denton by preserving areas of the city that contain landmarks, buildings, and/or sites which reflect elements of the city's cultural, social, economic, political or architectural or archeolo~cal historT; B. Stabilize and improve property values; C. Ensure compatibility of ne~v construction and structural alterations ~vith the existing scale and characteristics of surrounding properties; D. Foster civic pride in the beauty and accomplishments of the past; E. Identif5~ and promote the use of Nstoric resources for the education, pleasure and ~velfare of citizens of the City of Denton. 35.7.6.2 Definitions The follo~ving ~vords, terms and phrase, ~vhen used in tNs Subchapter, shall have the mean/ngs ascribed to them in tNs section, except ~vhere the context clearly indicates a different meaning: Historic conservation district: A geograpNcally defined area including a landmark or a group of landmarks, created by the city council for the purpose of historic preservation. The city council may establish more than one such Nstoric conservation district. Landmarks ~vithin the boundaries of a historic conservation district are related by Nstorical, arcNtectural or archaeological sign/ficance. Historic preservation: The protection, reconstruction, rehabilitation, rep~Jr or restoration of landmarks of Nstorical, arcNtectural or archeolo~cal sign/ficance. HPO: The Historic Preservation Officer for the City of Denton (HPO). Landmark: Any building, structure, site, district, area or land of arcNtectural, Nstorical, archaeological or cultural importance or value ~vhich the city council determines shall be protected, enhanced and preserved in the interest of the culture, prosperity, education and general ~velfare of the people. Landmark Commission: The City of Denton Historic Landmark Commission (Landmark Commission). Site: The location of a sign/ficant event, a preNstoric or Nstoric occupation or activity, ~vNch may include open spaces, or a building or structure, ~vhether standing, mined, or van/shed, ~vhere the location itself possesses Nstoric, cultural, or archeological value regardless of the value of any existing structure. 35.7.6.3 Criteria for Consideration as a Historic Conservation District In order to be considered for designation as a Nstoric conservation district, all of the follo~ving criteria must be met: A. The proposed district must include buildings, structures, or sites xvNch are 50 years of age or be of Nstorical sign/ficance; B. The proposed district must include buildings, structures, or sites that have common character defin/ng features and be of common form; C. The proposed district must include buildings, structures, or sites xvNch are similar in size, massing and scale and/or have a common streetscape and/or have similar spatial relationships and/or contain common visual qualities such as vegetation, vistas, orientation, set back, spacing, site coverage, exterior features, or materials. D. The proposed district must express a local identity as recogn/zable combinations of qualities common throughout an identifiable geographical area. 35.7.6.4 A. Procedures for Designation Designation as a Nstoric conservation district may be initiated by the Landmark Commission or by xvritten request of more than 50% of the oxvners of property xvitNn the proposed historic conservation district xvho collectively oxvn more than 50% of the land area xvitNn the proposed Nstoric conservation district. Such a request shall designate clearly the land proposed to be included. Upon receipt of a request or upon its oxvn motion, the Landmark Commission shall conduct studies and research and make a report on the landmarks xvitNn the historic conservation district, or on the site(s), building(s), structure(s), object(s), open space(s), and/or feature(s) xvhich xvould be landmarks if the area xvere designated as a Nstoric conservation district. The report shall report on hoxv each building or structure contribute to the defin/ng characteristics of the proposed district= The report shall contain boundary justifications for the inclusion or exclusion of geograpNcal areas in or from a Nstoric conservation district or for the exclusion of geographical areas from a Nstoric conservation district. The report shall also determine if the request meets the criteria set out in Section 35.7.6.3 and set forth the basis for the determination.. C. If the Landmark Commission determines that the area is not eli~ble for Conservation District classification, it shall notif5T the applicant of the fact in xvriting. Notice is ~ven by depositing the notice, properly addressed and postage paid, in the Un/ted States mail. The notice must be sent to the address shoxvn on the application. The decision of the Landmark Commission that an area is not eligible for conservation district classification may be appealed to the Plann/ng and Zoning Commission. D. An appeal under subsection (C) is made by filing a xvritten request xvith the Landmark Commission. The request must be filed xvithin 30 days of the date xvritten notice is given to the applicant of the Landmark Commission's decision. In considering the appeal, the sole issue sh~Jl be xvhether or not the Landmark Commission erred in its determination of eligibility, and, in tNs connection, the Plann/ng and Zon/ng Commission shall consider the same standards that xvere required to be considered by the Landmark Commission in making its determination. E. The Plann/ng and Zon/ng Commission's determination of eli~bility on appeal is fin~J. If the Plann/ng and Zon/ng Commission determines that the area is not eligible for conservation district classification, no further applications for conservation district classification may be considered, for the area of request, for rvvo years from the date of the decision. A property oxvner in the area of the request may apply for a xvaiver of the two-year limitation pursuant to the Plann/ng and Zon/ng Commission and must shoxv changes in circumstances that alter the facts and conditions upon xvNch the first decision xvas determined. F. If the Landmark Commission determines that the area is eligible for conservation district classification, it shall conduct any necessary studies and undertake any additional research it deems necessary on the proposed Nstoric conservation district. The decision of the Landmark Commission that an area is eligible for conservation district classification may not be appealed. G. Once any necessary studies or any additional research is complete, the Landmark Commission shall hold a public hearing and shall give due notice of such public hearing. The notice for the public hearing shall include xvritten notice to the oxvner(s) of record of property proposed for designation as a Nstoric conservation district. H. WitNn forty-five (45) days after the public hearing, the Landmark Commission shall submit a final report to the Planning & Zon/ng Commission, stating its recommendations together xvith a draft of any proposed change. I. The Plann/ng & Zon/ng Commission shall hold a public hearing and shall give due notice of such public hearing. WitNn forty-five (45) days after the public hearing, the Plann/ng & Zoning Commission shall submit a final report to City Council, stating its recommendations together xvith a draft of any proposed change. J. The City Council shall consider the final reports produced by the Landmark Commission and by the Planning and Zon/ng Commission in their decision making process. The City Council may amend tNs subchapter to designate property previously excluded from a Nstoric conservation district or to designate deletion of certain property from the Nstoric conservation district. K. Requirements of Subchapter 7 "Special Purpose and Overlay Districts" shall apply to the creation of Historic Conservation Districts, hoxvever, any conflict between tNs Section and other provisions of Subchapter 7 shall be resoNed in favor of tNs section. 35.7.6.5 Conservation District Ordinance The ordinance creating a conservation district shall be based upon the reports and recommendations of the Landmark Commission, Plann/ng and Zon/ng Commission, city staff; and property oxvners at the public meetings. The ordinance must contain design guidelines based on the U.S. Secretary of the Interior's ~/aadards for Rehabi/#a#o,, and may further contain any additional regulations, special exceptions, or procedures that the City Council considers necessary to conserve the distinctive atmosphere or character of the area, or to miaimize potenti~J adverse impacts which could result from the creation of the district. In addition, all property owners must conform to existing building codes and zoning regulating land uses. 35.7.6.6 Existing Construction A. Existing construction sh~Jl be maintained in a manner that preserves or prolongs the structural int%ority of the character defining features of a property. Repairs shall be executed in a manner consistent with the design guidelines established by each indMdual historic conservation district.. B. Repairs to structures that are deemed not to contribute to the character defining features of the district will not have to comply with the design guidelines as long as the repairs are consistent with current architecture of the structures. 35.7.6.7 A. 35.7.6.8 A. Alterations to Existing Construction Exterior structural alterations along the street frontage of historic buildings or structures should be avoided and shall be kept to a miaimum. B. Design for structural alterations to existing buildings or structures in the historic conservation district shall conform to the design guidelines established by each indMdual historic conservation district. The design sh~Jl be compatible with the character defiaing features of the majority of surrounding properties and exhibit similar size, massing and scale as nearby contributing buildings or structures. C. The design guidelines will not apply to structures that are deemed not to contribute to the character defining features of the district as long as the alterations match the existing exterior structure~ New construction; Structural Enlargement or Reduction When new buildings or structures are proposed within a historic consen~ation district, their design shall be compatible with the historic, cultural, or architectural character of the area. The design shall promote the existing spatial and visual qualities in the historic conservation district, including height and scale of buildings or structures, orientation, set back, spacing, site coverage, and exterior features. Design for new construction shall conform to the design guidelines established by each indMdual historic conservation district and a certificate of appropriateness shall be required under the same process as in section 35.7.6.9. This section shall not apply to new construction to replace a building that was deemed not to contribute to the character defiaing features of the district. The new construction must match the height, scale, orientation, set back, spacing, site coverage and exterior features of the building which it is replacing. New construction must meet the provisions of subsections A and B herein if a building permit is not applied for within six months and construction does not be~n with/n 12 months of the damage, or destruction of the structure. 35.7.6.9 Certificate of Appropriateness A Certificate of Appropriateness is required for xvork that has the potential to change the character of a structure or a group of structures in a historic conservation d~strict. A Certificate of Appropriateness is not required for routine maintenance. Routine maintenance does not change the character of a structure or a group of structures in a historic conservation district. Routine maintenance includes, but may not be limited to, painting already painted surfaces in-kind, replacing rotted or damaged siding or roofing with in-kind materials, replacing or repairing broken f~xtures or hardware in-kind. A. The following lists the steps required to obtain a Certificate of Appropriateness: i. The property owner is required to submit an application for a Certificate of Appropriateness to the HPO before proceeding with any work not considered routine maintenance. Examples of work requiring a Certificate of Appropriateness application includes, but may not be limited to, the following ~pes of work: a. Substantial exterior repair involving the removal or replication of character defiaing features; b. Rehabilitation, including minor rear or side additions to the building or structure (such as a small bathroom, laundry room, minor room extension, additional opeaings not visible from the street), or to the land (such as fencing, or outbuildings); c. Major alterations to the building or structure, including additional openings visible from the street, garage, guest houses, major additions to the side, rear or additional full or partial story, or to the land (such as fencing or outbuildings). Information required to accompany an application includes: a. Plans of proposed work b. Photographs of existing conditions c. Photo~aphs or drawings of missing features or elements to be rebuilt d. Information on specific products or materials proposed for use All information submitted must include sufficient detail and specificity to enable an assessment as to whether or not the proposed work is in accordance with the historic conservation district's Design Guidelines. 2. Upon receipt of a complete application, the HPO shall forward the application to the Landmark Commission for review. The Landmark Commission shall determine whether or not the application documentation is adequate for evaluation, and shall determine if the proposed work is in accordance with the applicable Design Guidelines. If an application is approved, the property owner may proceed with the work as approved. 3. If the Landmark Commission determines the proposed work is not in accordance with the applicable Design Guidelines, the Landmark Commission shall make recommendations to the applicant regarding changes to the proposed work that would bring the application into compliance with the requirements for approval. The Landmark Commission and applicant shall work together, in good faith, for a period of not less than sixty days, to resolve outstanding issues and reach agreement that is in accordance with the applicable Design Guidelines. The applicant shall provide the Landmark Commission with all pertinent infomaation to help guide the Landmark Commission in their decision making process. If information is made available to the Landmark Commission regarchng economic hardship, the Landmark Commission shall take that information into account regarding the applicant's ability to acquire specific materials and/or craftsmansNp or complete a scope of work. If after good faith effbrt, agreement is not reached, the Landmark Commission may deny the application. 4. If the Landmark Commission denies an application for a Certificate of Appropriateness, the applicant may appeal the rejection to the CiD- Council, xvitNn i0 days of the notice of denial. The Landmark Commission shall provide the CiD- Council xvith a report of their finchngs and effbrts xvitNn tNr~- (30) days of the appeal. The CiD- Manager shall, xvitNn a reasonable length of time, place the matter upon the CiD- Council agenda for a determination as to xvhether or not the proposed xvork is in accordance xvith the applicable Design Guidelines. The CiD- Council shall consider the Landmark Commission's report in makSng their decision. If an application is determined in accordance xvith applicable Design Guidelines, the Council may approve the application. If an application is approved, the applicant may proceed xvith the xvork as approved. Verification of Compliance for Certificate of Appropriateness Process i. The HPO, or designee, upon receipt of an approved Certificate of Appropriateness, but no less than tNrty (30) days after, shall make an investigation of the property and shall approve or disprove the fact that the property has been completed as required for Certification. If the repair or renovation deviates in any xvay from the approved construction plan, the HPO xvill for~vard Ns/her findings to the Landmark Commission. 2. The Landmark Commission shall reviexv the information submitted by the HPO and decide xvhether or not the deviations from the approved construction plans are in accordance xvith the historic conservation's district Design Guidelines. If verification of completion shall be deemed unfavorable, the applicant shall be required to complete the xvork as shoxvn in the approved constriction plans or correct the deviation in a manner consistent xvith the applicable Design Guidelines or appeal the Landmark Commission decision to City Council. SECTION 2. If any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. SECTION 3. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 4. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Demon Record-Chronicle, the official newspaper of the City of Demon, Texas within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY.' Frequently Asked Questions About Historic Conservation Districts Q. What is a historic conservation district? A. Conservation districts are usually residential neighborhoods, with certain identifiable attributes embodied in architecture, urban design, and history. These districts are created as an overlay-zoning tool used to preserve neighborhood character. Conservation districts can be used to protect neighborhoods that may not qualify for historic district status but have significant architectural, historic merit and a distinct character. Q. How does a conservation district ordinance protect a neighborhood? A. The ordinance accomplishes this purpose by regulating new construction, major alterations or additions to existing buildings and demolition. Each neighborhood applying for conservation district status would be responsible for drafting design guidelines to address the unique needs and attributes of the area. Q. Why does the proposed ordinance allow for fines up to $2,000 per day for violations? A. The fine is the same for all zoning violations in the city. Any time that a ruling is created that people cannot do something, the only way to enforce it is to create a way to enforce it. The key words here are "up to"--that doesn't mean that every violation would be charged the maximum allowable fine. Q. Is the fine the same in the Historic Oak/Hickory district? A. Yes Q. Has anyone ever been fined in the historic district for breaking zoning violations related to the historic district zoning ordinance? A. No Q. Why is the ordinance restrictive? A. If everyone in the district were allowed to comply voluntarily with the design guidelines, there really would be no reason to have a conservation district. The area would be depending on everyone to "do the right thing." Q. Why isn't there anything in the ordinance about demolitions or moving structures into or out of the district? A. Each district will address these concerns in their design guidelines. Q. If we become a Historic Conservation District, will the local government or my neighbors tell me what I can and can't do to my house? A. Each neighborhood will have its own design guidelines. Each property, new or existing, must comply with the guidelines agreed upon by their neighborhood. As guidelines are created, neighbors will have the opportunity to participate in the process and offer their opinions. As a general rule, anything visible from the street (not including general maintenance) or anything that would require a building permit from the city would require a Certificate Of Appropriateness. Q. What are design guidelines? A. Design guidelines assist property owners with new construction or rehabilitation of their homes. The guidelines will be written by each neighborhood applying for a conservation district. They will outline the approach to certain design issues. For example, the guidelines might address how far a building should be from the street or a maximum height (commercial or residential). Guidelines may also address inappropriate approaches, such as building a glass and steel structure in the midst of a neighborhood that consists of wooden bungalows. Q. Why have design guidelines? A. The guidelines outline an approach to design that will help sustain the character of the historic structures in a district. The intent is to provide information that property owners may use in making decisions about their property. The guidelines also provide the Historic Landmark Commission a basis for making informed, consistent recommendations. Protecting the conservation district's character and history is the main function of the guidelines. The guidelines represent a partnership among property owners in the district. When owners invest in the rehabilitation or construction of property, they like to know that their investment will be protected. Application of the guidelines is one part of that economic protection. Q. What is a Certificate of Appropriateness (COA)? A. A COA is a simple one-page form that the owner of a building fills out prior to major exterior renovations. It assures the Historic Landmark Commission and the Conservation District that the changes being made are appropriate and meet the design guidelines established by the district. General maintenance, such as replacing a screen door, painting, or roof repair will not require a COA unless specified in that particular district's guidelines. Q. What ifI don't want to be in the district or comply with the design guidelines? A. You should attend neighborhood meetings to see where the proposed boundaries are and participate in the process of defining the design guidelines. However, all houses that are in the final approved conservation district will be required to abide by the guidelines. Potential owners should be informed of the district and its restrictions prior to purchasing a home. Q. What if there are a lot of people that don't want to be in the district? A. A majority of the neighbors must support the ordinance for it to move forward. If20% of the neighbors oppose the district, it will require a super majority vote (6-1) from both Planning & Zoning and City Council. If there were a large number of people that are against forming a district, the Historic Landmark Commission would probably suggest more education, redrawing maps, or perhaps something less restrictive, such as a neighborhood association. Q. Will I get a tax break? A. Just being in a conservation district does not provide a specific tax exemption. If you receive a local historic designation on your home, you are eligible for a 50% exemption on your city taxes for 15 years. This is the same process for homes in a historic district. Q. If I'm in a district and want to remodel my house, what steps should I take? A. 1. Consult your district's guidelines to see if your repairs fall under general maiMenance. If so, you do not need to proceed to step 2, just begin your project. 2. If your remodel/renovation is a major, project you need to fill oM the one-page Certificate of Appropriateness and turn it iMo the City of DeMon's Historic Preservation Officer (the Historic Landmark Commission meets the second Monday of the month. To ensure a timely public hearing, please have the COA turned in by the first Monday of the month). 3. Attend the HLC meeting. If the COA is approved or approved with changes, secure the proper building permits and begin your project. If the COA is denied, you can work with your neighborhood design committee and HLC to modify your plans until they meet the guidelines. If you do not want to modify your plans, you may appeal any HLC decision to the City Council. Q. Why does Denton need a conservation district ordinance? A. As new neighborhoods are developed in DeMon, regulations dictate the type of buildings, size, setbacks, and materials that may be used, giving them a flavor or character of their own. Older neighborhoods were not built with these protections. One benefit of conservation districts is to provide older neighborhoods with similar protections. This ordinance will give older neighborhoods the opportunity to preserve their character and historic iMegrity and ensure new construction fits the architectural characteristics of the area. Agenda 02-031 09/17/02 #52 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM: September 17, 2002 City Manager's Office Mike Conduff, City Manager SUBJECT Consider appointing a voting delegate and an alternate voting delegate to the National League of Cities Annual Congress of Cities. BACKGROUND The National League of Cities Annual Business Meeting will be held on Saturday, December 7, 2002 at the Congress of Cities in Salt Lake City, Utah. The City of Denton is entitled to cast two votes at the Annual Business Meeting and the delegate(s) must be present to vote. Consideration of the voting delegate and alternate voting delegate should include whether the individual is able to remain a day longer at the conference to participate in the business meeting. Respectfully submitted: Jennifer Walters City Secretary 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 46 PUBLIC UTILITIES BOARD MEETING MINUTES AUGUST 19, 2002 9:00 A. M. After determining that a quorum of the Public Utilities Board of the City of Demon, Texas was pre~ent, the Public Utilities Board convened into an Open Meeting on Monday, August 19, 2002 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. PRESENT: Charldean Newell, Dick Smith, Jim Wilson and Bill Cheek rX OmClg, M Mike Conduff~ City Manager Howard Martin, Assistant City Manager EXCUSED: Dick Norton George Hopkins Don White CON~ENT A(~ENDA 1) Consider approval of Bid No. 2874 to Texas Electric Utility Construction, Inc. for the construction of the Northwest Elevated Storage Tank Supply Line project, in an amount not to exceed $344,825.74. Board Member Dick Smith moved to approve Bid No. 2874 to Texas Electric Utility Construction, Inc~, with a second from Board Member Jim Wilson. The motion was approved unanimously with a vote of 4-0. rrl MS I nqDUAL CON$I0 RAxIO , :, Board Member Charldean Newell asked that Consent Agenda Item #2 be removed for discussion. 2) Consider approval of payment of Texas Public Power Association (TPPA) annual dues. NeweH mentioned that during last year's intense discussions (10/15/01) regarding the 2001 dues, the Board placed several restrictions on the payment. She asked for staff assurances that the City is not spending close to $30,000 on an organization that of[on acts inimically to the City's interests. City Manager lVlike Conduff commented that staff had been extremely energetic in working to increase TPPA's awareness and understanding of the smaller municipalities' perspective as opposed to those of the larger cities. Conduff also informed the Board that the current President of TPPA is from a small city in Texas. Smith moved to approve payment of the Texas Public Power Association annual dues, with a second from Wilson. The motion was approved unanimously with a vote of 4-0. (City Council Agenda Item 040) Page 1 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 DRAFT EXCERPT PUBLIC UTILITIES BOARD MEETING MINUTES September 16, 2002 9:00 A.M. ARer determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Public Utilities Board convened into an Open Meeting on Monday, September 16, 2002 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. PRESENT: George Hopkins, Charldean Newell, Dick Smith, Tun lgrdson, Don White and Bill Cheek omcl0 M M EtlS lVfike Conduff, City Manager Howard Martin, Assistant City Manager EXCUSED: Dick Norton CONSZNT AGENDA: 1) 2) 3) 4) Consider approval of increasing the authorized expenditure level for Amended Task Order No. 02-B [Transmission Cost of Service ('~rcos") Filing] of the Professional Services Agreement Between the City of Denton, Texas and R. J. Covington Consulting ("RJC") from $43,800 to an amount not to exceed $67,800. (City Council Agenda Item ~43) Consider approval of a Professional Services Agreement with the law firm of Lloyd, Gosselink, Blevins, Rochelle, Baldwin 8: Townsend, P.C., Austin, Texas, for legal services required to file Denton Municipal Electric's ("DME") updated Transmission Cost of Service ("TCOS') filing in an amount not to exceed $35,000. (City Council Agenda Item ~41) Consider approval of a Post-Warranty Support Contract with Advanced Control Systems in an amount not to exceed $29,484. (City Council Agenda Item #31) Consider approval of an oversize water main cost participation agreement in the amount of $4,622 between the City of Denton, Texas and 1-35 RV Park located on highway 1-35 South frontage road. 1 2 3 4 5 6 Board Member George Hopkins moved to approve items #1-4 on the Consent Agenda, with a second from Board Member Dick Smith. The motion was approved unanimously with ft vote of 60. 1 2 3 4 5 6 7 $ 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 DRAFT EXCERPT PUBLIC UTILITIES BOARD MEETING MINUTES September 16, 2002 9:00 A.M. After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Public Utilities Board convened into an Open Meeting on Monday, September 16, 2002 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. PRESENT: George Hopkins, Charldean Newell, Dick Smith, Jim Wtlson, Don White and Bill Cheek Om¢IO ME ERS Mike Conduff, City Manager Howard Martin, Assistant City Manager EXCUSED: Dick Norton rrrMs FOR OvmvmUAL C0N,sm t ATI0 : 8) Consider approval of a project application with the North Central Texas Council of Governments for solid waste grant funding for the following project: "Expand Commercial Recycling Efforts in Business and Governments Across the Region." (City Council Agenda Item ~9 8: #50) Vance Kemler, Director of Solid Waste, presented this item. Kemler informed the Board that Denton Municipal Utilities had submitted two applications to the Council of Governments for grant funds to increase recycling efforts. The first application would be used to implement commercial recycling efforts. The second application would provide funds to develop multi-family housing recycling as described in Agenda Item #9. Kemler also explained that the Council of Governments has reviewed a sununary of the recycling projects and has already approved awarding the grant to the City of Denton. 9) Consider approval of a project application with the North Central Texas Council of Governments for solid waste grant funding for the following project: "Create and Expand Multi-Family Housing Recycling Programs Throughout the Region." (City Council Agenda Item ~49 & #50) Hopkins moved to approve Agenda Items #8 and fig, with a second from Cheek. The motion was approved unanimously with a vote of 6-0. 0