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October 5, 2004 Agenda
AGENDA CITY OF DENTON CITY COUNCIL October 5, 2004 After determining that a quorum is presem, the City Council of the City of Demon, Texas will convene in a Work Session on Tuesday, October 5, 2004 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 improvemems to Taliaferro Street between Elm and Locust. 2. Hold a discussion regarding a public safety update. Requests for clarification of consent agenda items listed on the consent agenda for today's City Council regular meeting of October 5, 2004. Following the completion of the Work Session, the City 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 the time listed below for its regular or special called meeting. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the TEXAS GOVERNMENT 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 Dickerson v. City of Denton, Cause No. 4:03cv344, currently pending in the United States District Court, Eastern District of Texas, Sherman Division. Discuss and consider legal issues concerning road damage caused by gas well operations and to consider potential litigation by H.E.P., where to discuss these legal issues concerning the above stated matters with the attorneys in public would conflict with the duty of the City's attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas and would jeopardize the City's position in administrative proceedings or in potential litigation. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE 'PUBLIC POWER EXCEPTION'). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV'T. CODE, §551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. City of DeNon City Council Agenda October 5, 2004 Page 2 Regular Meeting of the City of Demon City Council on Tuesday, October 5, 2004 at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1. PLEDGE OF ALLEGIANCE mo U.S. Flag Texas Flag "Honor the Texas Flag - i pledge allegiance to thee, Texas, one and indivisible." 2. PROCLAMATIONS/PRESENTATIONS mo Proclamations/Awards Recognition of staff accomplishments 3. 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 Consem 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 Consem Agenda (Agenda items A-W). This listing is provided on the Consem Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consem Agenda. if no items are pulled, Consem Agenda items A-W below will be approved with one motion, if items are pulled for separate discussion, they will be considered as the first items following approval of the Consent Agenda. mo Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of multipurpose paper to be used by various departmems within the City; providing for the expenditure of funds therefore; and providing an effective date (Bid 3201 -Annual Comract for Multipurpose Paper awarded to Paper 101 in the amoum of $2.16 per ream of paper ($21.60/carton) for an estimated amoum of $34,560). Bo Consider adoption of an ordinance of the City of DeNon approving change order two for a professional services agreemem between the City of DeNon, Texas and Innovative Transportation Solutions, Inc. dated March 5, 2002; extending said agreemem, and authorizing and ratifying the expenditure of funds for work to be performed; authorizing the City Manager or his designee to execute the change order on behalf of the City and expend funds authorized by the change order; and providing for an effective date. Co Consider adoption of an ordinance approving the expenditure of funds for the purchase of annual maimenance for VisionAir Public Safety Software System and associated modules used for Police and Fire Departmem dispatching and records managemem available from only one source in accordance with the provision for City of DeNon City Council Agenda October 5, 2004 Page 3 State Law exempting such purchases from requirements of competitive bids; and providing an effective date (File 3237 - Purchase of Annual Maimenance for VisionAir Public Safety Software System awarded to VisionAir inc. in the amoum of $139,320.43). Do Consider adoption of an ordinance approving the expenditure of funds for the purchase of annual service access and support for the General Packet Radio Services (GPRS) wireless computer network for the Public Safety mobile computers used by City of DeNon Police, Fire and EMS personnel available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; and providing an effective date (File 3227 - Purchase of Annual Service Access and Support for General Packet Radio Services (GPRS) awarded to AT&T Wireless in the amoum of $117,500). mo Consider adoption of an ordinance awarding a comract for the purchase of Wireless Communication Services as approved by the State of Texas Building and Procuremem Commission Departmem of information Resources (DiR); providing for the expenditure of funds therefore; and providing an effective date (File 3231 - Purchase of Wireless Communication Services awarded to Nextel Communications in the estimated amoum of $50,000). Fo Consider adoption of an ordinance approving the expenditure of funds for the purchase of annual maimenance for Harris Public Utility Billing System and associated software modules available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; and providing an effective date (File 3229 - Purchase of Annual Maimenance for Harris Public Utility Billing awarded to Harris Public Utility Billing System in the amoum of $53,875). Go Consider adoption of an ordinance awarding a comract for the purchase of software maintenance for continued vendor support of the Informix Dynamic Server Relational Database software as awarded by the State of Texas Building and Procurement Commission through the Catalog Information Service Vendor (CiSV) Catalog Program; providing for the expenditure of funds therefore; and providing an effective date (File 3226 - Purchase of Software Maimenance for informix Dynamic Server Relational Database Software awarded to CompuCom Systems, inc. in the amoum of $58,976.88). Ho Consider adoption of an ordinance approving the expenditure of funds for the purchase of annual maimenance for cominued vendor support of the Millennium Library System and associated hardware and software modules available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; and providing an effective date (File 3224 - Purchase of Annual Maimenance for Millennium Library System awarded to innovative imerfaces, inc. in the amoum of $29,224). Consider adoption of an ordinance awarding a comract for the purchase of annual software maintenance and services for the Laser Fiche Document Imaging System curremly being used by the City of DeNon as awarded by the State of Texas City of DeNon City Council Agenda October 5, 2004 Page 4 Building and Procuremem Commission through the Catalog Information Service Vendor (CISV) Catalog Program; providing for the expenditure of funds therefore; and providing an effective date (File 3235 - Annual Software Maintenance and Services or Laser Fiche Document Imaging System awarded to VP Imaging in the amoum of $41,731.50). Jo Consider adoption of an ordinance approving the expenditure of funds for the purchase of annual maimenance for Geographic Information System (GIS) software package available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; and providing an effective date (File 3230 - Purchase of Annual Maimenance for Geographic Information System (GIS) Software Package awarded to Environmemal Systems Research Institute (ESRI) in the amoum of $31,810.98). Ko Consider adoption of an ordinance awarding a comract under the Texas Multiple Award Schedule (TXMAS) program for the purchase of a PSERIES 630 server, computer hardware, operating system software, and first year annual maintenance for Geographic Information System (GIS) as awarded by the State of Texas Building and Procuremem Commission comract TXMAS-3-70030; providing for the expenditure of funds therefore; and providing an effective date (File 3238 - Purchase of PSERIES630 server, computer hardware, operating system software, and first year annual maintenance awarded to International Business Systems, Inc. (IBM) in the amoum of $52,466). Lo Consider adoption of an ordinance approving the expenditure of funds for the purchase of annual maintenance for continued vendor support of the PeopleSoft Emerprise One (formerly JD Edwards OneWorld) software package available from only one source in accordance with the provision for State Law exempting such purchases from requiremems of competitive bids; and providing an effective date (File 3225 - Purchase of Annual Maimenance for PeopleSoft Emerprise One Software Package awarded to PeopleSoft, Inc. in the amoum of $82,800). Mo Consider adoption of an ordinance approving the expenditure of funds for the purchase of annual maintenance for continued vendor support of the Oracle Relational Database Software available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; and providing an effective date (File 3228 - Purchase of Software Maintenance for Oracle Relational Database Software awarded to Oracle Corporation in the amoum of $35,860). No Consider adoption of an ordinance awarding a comract for the purchase of continued software license maintenance for the City of Denton's Novel products and the acquisition of 150 Cliem, 65 GroupWise, 100 ZenWorks, 1000 File system Factory and 250 Nsure Idemity Manager licenses including maimenance as approved by the State of Texas Building and Procurement Commission Departmem of Information Resources (DIR); providing for the expenditure of funds therefore; and providing an effective date (File 3234 - Annual Software License Maimenance for Novell Products and Acquisition of Additional Novell Licenses awarded to SHI-Govemmem Solutions in the amoum of $107,079.33). City of Denton City Council Agenda October 5, 2004 Page 5 Oo Consider adoption of an ordinance awarding a comract for the purchase of annual maintenance for the Nortel phone system including 24 hours per day 7 days per week support on all equipmem located in City of DeNon facilities as awarded by the State of Texas Building and Procurement Commission through the Catalog Information Service Vendor (CISV) Catalog Program; providing for the expenditure of funds therefore; and providing an effective date (File 3236 - Annual Maintenance for Nortel Phone System awarded to Verizon Southwest in the amoum of $45,989.16). Po Consider adoption of an ordinance awarding a comract for the purchase of annual maimenance for the City of DeNon Cisco networked devices (Smartnet) including switches, hubs, routers, and Cisco IP phone equipmem including 24 hour 7 days per week Technical Assistance Cemer (TAC) support on all equipmem located in City of DeNon facilities as awarded by the State of Texas Building and Procurement Commission through the Catalog Information Service Vendor (CISV) Catalog Program; providing for the expenditure of funds therefore; and providing an effective date (File 3233 - Annual Maimenance for Cisco Networked Devices awarded to ImerNetwork Experts in the amoum of $109,084). Qo Consider adoption of an ordinance accepting competitive bids by way of an Interlocal Agreement with Tarrant County and awarding a contract for the purchase of cellular phone services; providing for the expenditure of funds therefore; and providing an effective date (File 3232 - Imerlocal Agreemem with Tarrant County for the purchase of cellular phone services, contract awarded to Progressive Concepts, Inc. in the estimated amoum of $185,000). Ro Consider adoption of an ordinance accepting competitive bids and awarding a comract for the purchase of janitorial services for various City Departmems; providing for the expenditure of funds therefore; and providing an effective date (Bid 3205 - Janitorial Services awarded to AHI Facility Service, Inc. dba American Housekeeping, Inc. in the amoum of $363,998.62). So Consider adoption of an ordinance accepting competitive bids and awarding a contract for the lease of agricultural land at the Municipal Airport; providing an effective date (Bid 3216 - Lease of Agricultural Land at Municipal Airport awarded to Larry Downe in the amoum of $5500 per year for a total of $27,500 over a five year period). Consider approval of a tax refund for the following property tax: Tax Name Reason Amount Year Uo Consider adoption of an ordinance of the City Council of the City of DeNon, 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. City of DeNon City Council Agenda October 5, 2004 Page 6 go Consider adoption of an ordinance of the City Council of the City of DeNon, Texas, approving guidelines for operation of the City of DeNon 2004 Home improvemem Program and eligibility criteria; authorizing expenditures in excess of $25,000 for projects meeting program guidelines and criteria; and providing for an effective date. Wo Consider adoption of an ordinance approving a second amendment to the Consolidation Amendment of the Economic Development Program Agreement between the City of DeNon and the DeNon Chamber of Commerce, including the funding of an image and Marketing Project; and providing an effective date. 4. PUBLIC HEARINGS mo Hold a public hearing and consider adoption of an ordinance rezoning approximately 5.1 acres from Neighborhood Residemial 4 (NR-4) zoning district to Neighborhood Residemial Mixed Use (NRMU) zoning district. The property is generally located approximately 800 feet south of Audra Lane, on the west side of Loop 288. The Planning and Zoning Commission recommends approval (6-0). (Z04-0028, Denton Development Center) 5. ITEMS FOR INDIVIDUAL CONSIDERATION mo Consider adoption of an ordinance authorizing the City Manager, as DeMon's authorized representative, to accept on behalf of the City of Denton an offer from the Texas Department of Transportation (TxDOT) relating to a grant for certain improvements to the Denton Municipal Airport, confirming agreement to pay a portion of the total project costs; and providing an effective date. (Runway Extension) Bo Consider adoption of an ordinance accepting sealed proposals and awarding a contract for architectural services for the design and construction oversight of an airport terminal for the City of DeNon Municipal Airport; providing for the expenditure of funds therefore and providing an effective date (RFSP 3204 - Architectural Services for Design and Construction Oversight of Airport Terminal awarded to GRW Willis, inc. in the base proposal amoum of $55,120 plus a reimbursable amoum not to exceed $1500 for the terminal building and $17,252 for the auto parking/access portion of the contract for a total award amount of $73,872). Co Consider adoption of an ordinance authorizing the City Manager or his designee to execute a professional services agreemem with Randy L. Park, MD, to provide medical comrol and cominuing education services in support of the City of Denton Fire Department; authorizing the expenditure of funds therefore and providing an effective date (RFP 3203 - in an amoum not to exceed $40,000). Do Consider nominations/appoimmems to the City's Economic Development Partnership Board. City of Demon City Council Agenda October 5, 2004 Page 7 mo Citizen Reports 1. Review of procedures for addressing the City Council. 2. Receive citizen reports from the following: A. Bobby Brewer regarding the animal ordinance in an industrial area. B. Pam Brewer regarding FFA projects and City ordinances that deter children from pursuing agricultural careers. C. Peternia Washington regarding stifling dissent. D. Dessie Goodson regarding free speech and responsibility. E. Robert Donnelly regarding drainage. Fo New Business This item provides a section for Council Members to suggest items for future agendas or to request information from the City Manager. Go Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda Ho Possible Cominuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. 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 Demon, Texas, on the day of ,2004 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. AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: October 5, 2004 Engineering Jon Fortune SUBJECT Receive a report, hold a discussion, and give staff direction regarding improvements to Taliaferro Street between Elm and Locust. BACKGROUND City Council has requested a review of the conditions on Taliaferro Street to determine the possibility of using it as a traffic access route between North Locust Street and North Elm Street. Some citizens have expressed a desire for an access between Elm and Locust and because some motorists are using private drives as access between the two one-way streets. In 1987, Taliaferro Street was not highly utilized and was considered an alley serving as a secondary access to the adjacent lots, with very little pass-through traffic. Taliaferro Street was disconnected from North Locust Street in 1987 as part of the North Locust Street Paving Project. There were three issues that prompted the decision not to include Taliaferro Street in the 1987- paving project, and to disconnect it rather than abandoning it altogether: · The narrowness of Taliaferro Street. · The costs associated to resolve the approximate 2.5-foot grade change between the existing Taliaferro Street and the newly established grade line of North Locust. · The fact that homeowners were actually using it as a secondary access to their properties. The Taliaferro Street right-of-way width, according to the TXDOT Highway 77 construction plans, is approximately 20 feet. Recent on site measurements of existing pavement by staff from edge of asphalt to edge of asphalt indicate the actual width of public use (right-of-way) to be approximately 25 feet. The site visit also revealed that the property owner along the north side of Taliaferro (the lot that faces North Locust Street) has recently constructed an 8-foot privacy fence that encroaches on the Taliaferro Street right-of-way. The owner did obtain a fence permit in May of 2004, but the application showed the fence entirely on private property. A final inspection has yet to be scheduled by the permit holder. Based on a copy of the owner's survey recently obtained by staff, the new privacy fence encroaches on the right-of-way by approximately 5.5 feet, starting about midway in Taliaferro Street running eastward toward Locust almost the entire length of the property owner's frontage. According to the property owner, he removed this section of asphalt and built the fence in its current location, because vehicles were coming up Taliaferro from Elm Street cutting across new landscaping that he had installed. He was under the assumption, when he bought the property in February of 2003, that the old road had been abandoned. Staff informed him that the road had not been abandoned, only closed with the City's intent to revisit the disposition of the road at a future date. Citizens in the area have expressed a desire to re-connect Taliaferro because the Locust/Elm one- way corridors provide no easy cross-access, resulting in some motorists cutting through private driveways to gain that access. When staff met with the homeowner whose fence encroaches on the right-of-way, he indicated that the immediate surrounding neighbors would oppose the street re-connection and they would want the opportunity to voice their opinions and contest this issue. OPTIONS · Re-connect Taliaferro Street to North Locust, a single lane providing one-way traffic. · Formally abandon the public's street right-of-way interests in Taliaferro · Hold for further discussions. RECOMMENDATION If a funding source is identified, staff would consider the re-connection of Taliaferro Street beneficial to the public providing additional access from Locust Street to Elm Street. A city re- paving project is scheduled for Orr Street within the next 30 days. Orr Street connects Locust Street and Elm Street several blocks north of Taliaferro Street and provides for two-way traffic. Orr Street is the only connection between Elm Street and Locust Street, from Sherman Drive north, to the recently constructed Highway 77 interchange with F.M. 2164. Taliaferro Street is the only practical option for additional access between Locust and Elm streets that would not require extensive right-of-way acquisition. FISCAL INFORMATION Engineering staff has prepared an estimate of $45,000 to construct a 20' wide asphalt pavement section, with concrete curb and gutter on both sides of the street. This estimate assumes that no additional right of way is required. This would provide a one-way traffic lane between Locust Street and Elm Street. Additional study of traffic patterns in the area would need to be performed to determine which one-way direction (east or west) would serve the best. There is currently no funding identified for this project. It could be considered in the current capital improvements bond projects discussion. EXHIBITS · Taliaferro sketch of existing conditions. · Photographs of fence encroachment. · Taliaferro Area Map Respectfully submitted: Jon Fortune ACM AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: October 5, 2004 Public Safety Jon Fortune SUBJECT Hold a discussion regarding a public safety update. BACKGROUND The City Council has requested an informal opportunity to visit directly with the Police and Fire Chiefs regarding various public safety issues. Both Chief Wiley and Chief Chadwick will be available at the October 5 Work Session for discussion and to answer any questions that you may have. Staff does not have a presentation to provide to the City Council. Respectfully submitted: Jon Fortune Assistam City Manager AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET October 5, 2004 Materials Management Kathy DuBose ~% Questions concerning this acquisition may be directed to Tom Shaw 349-7100 SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding an annual comract for the purchase of multipurpose paper to be used by various departments within the City; providing for the expenditure of funds therefore; and providing an effective date (Bid 3201- Annual Comract for Multipurpose Paper awarded to Paper 101 in the amoum of $2.16 per ream of paper ($21.60/carton) for an estimated amoum of $34,560). BID INFORMATION This bid is for the annual contract to supply multipurpose paper to all City departments. The paper will primarily be used for copiers, desktop primers and fax machines. This item will be carried in the Warehouse working capital invemory for easy access. The apparem low bidder, Savin, would not hold the pricing firm for one year as requested in the bid specifications. RECOMMENDATION We recommend the award of Bid 3201 to Paper 101 in the amoum of $2.16 per ream of paper ($21.60/carton) for an estimated amoum of $34,560). PRINCIPAL PLACE OF BUSINESS Paper 101 Ankeny, lA ESTIMATED SCHEDULE OF PROJECT This price agreemem will be in effect for a period of one year from the date of award and may be extended for additional one-year periods if agreed to by both parties with all pricing, terms and conditions remaining the same. FISCAL INFORMATION This item will be funded out of the Warehouse working capital account and charged back to the using department. Agenda Information Sheet October 5, 2004 Page 2 Attachment 1: Bid Tabulation 1-AlS-Bid 3201 Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF MULTIPURPOSE PAPER TO BE USED BY VARIOUS DEPARTMENTS WITHIN THE CITY; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 3201-ANNUAL CONTRACT FOR MULTIPURPOSE PAPER AWARDED TO PAPER 101 IN THE AMOUNT OF $2.16 PER REAM OF PAPER ($21.60/CARTON) FOR AN ESTIMATED AMOUNT OF $34,560). 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 ITEM NUMBER NO VENDOR AMOUNT 3201 1 Paper 101 Exhibit A 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 ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-BID 3201 BTD # 3201 ExhibitA DATE: 08/26/04 ANNUAL CONTRACT FOR MULTTPURPOSE PAPER Principle Place of Business: Ankeny, IA ~ 8-1/2" x 11" White ~ premium grade 4 ~ multipurpose paper, 1600 015-55-700 Cartons b r i~ ihn~ nme~ sm 8X4e r%ox $21.60 ~ part #3R2047, HP pa rte~vPaCi8e5nlt.1 or NpUer~ tbr~rc ~: ifo~adrtOns 800 SHIPMENT 5 Days AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET October 5, 2004 Materials Management Kathy DuBose ~G Questions concerning this acquisition may be directed to Kelly Carpenter 349-8504 SUBJECT Consider adoption of an Ordinance of the City of DeNon approving change order two for a professional services agreement between the City of Denton, Texas and Innovative Transportation Solutions, Inc. dated March 5, 2002; extending said agreement, and authorizing and ratifying the expenditure of funds for work to be performed; authorizing the City Manager or his designee to execute the change order on behalf of the City and expend funds authorized by the change order; and providing for an effective date. RFP INFORMATION The original Professional Services AgreemeN approved by Council on March 5, 2002, provides for the ideNification, developmeN, and implemeNation of major transportation and infrastructure projects including a critical timeline for each ideNified project. Work Directive Change Order One (March 2, 2004) coNinued this service through September 30, 2004 and added support services for our Regional Mobility Coordinator. This coNract has supported our regional transportation efforts that have resulted in funding for FM 2181, FM 2499, join developmeN of the Loop 288 design plans, IH35 ramp reversals, the western Loop analysis, and other projects. CoNinuation of this project will facilitate the ongoing discussions regarding the I35E Major InvestmeN Study that is the precursor to the reconstruction of I-35E, and discussions concerning the poteNial use of monies received from tolls should or when SH 121 becomes a toll facility. ITS has facilitated our coordination with the County Bond Program that has a majority of the funds dedicated to transportation. ITS has provided and will coNinue to provide any needed staff assistance for the City's CIP committee. ITS was instrumental in saving the City of DeNon almost $100,000 in negotiations with the Texas DepartmeN of Transportation (TXDOT) and the North CeNral Texas Council of GovemmeNs (NCTCOG) concerning distribution of Federal funds for the southbound ramp reversal for 1-35E. The coNinued use of ITS services is integral to the development of future transportation for the City of Denton, and will almost certainly result in an overall savings of tax dollars above and beyond the expenditure for these services. PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS) Council approved the original coNract for professional services on March 5, 2002, Ordinance No. 2002-062. Council approved Change Order One in the amouN of $117,000 on March 2, 2004. Agenda Information Sheet October 5, 2004 Page 2 RECOMMENDATION We recommend Change Order Two be approved in the amount of $120,000. Change Order Two brings the contract total to an amount not to exceed $377,000. PRINCIPAL PLACE OF BUSINESS Innovative Transportation Solutions, Inc. Farmers Branch, TX ESTIMATED SCHEDULE OF PROJECT This change order authorizes services to be performed through September 30, 2005. FISCAL INFORMATION This item will be funded from account 351001.7850. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-PSA 2789 Change Order Two ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON APPROVING CHANGE ORDER TWO FOR A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND iNNOVATiVE TRANSPORTATION SOLUTIONS, INC. DATED MARCH 5, 2002; EXTENDING SAID AGREEMENT, AND AUTHORIZING AND RATiFYiNG THE EXPENDITURE OF FUNDS FOR WORK TO BE PERFORMED; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE CHANGE ORDER ON BEHALF OF THE CITY AND EXPEND FUNDS AUTHORIZED BY THE CHANGE ORDER; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on March 5, 2002 the City entered into a Professional Services Agreement with Innovative Transportation Solutions, Inc. (the "Consultant") to provide transportation consultation services (the "Contract"); and WHEREAS, on March 2, 2004 the City Council approved Change Order One; and WHEREAS, Change Order Two to the Contract attached hereto and made a part hereof by reference as Exhibit "A" (the "Change Order") is necessary to add an additional task, to extend the Contract from October 1, 2004 through September 30, 2005, and to authorize and ratify the expenditure of funds; and WHEREAS, the City Council finds that the Change Order serves valid public and municipal purposes and 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 Change Order is approved extending the Contract from October 1, 2004 through September 30, 2005. The City Manager, or his designee, is hereby authorized to execute Change Order Two on behalf of the City and to make the expenditure of funds provided for by Change Order Two in the amount of $10,000 per month for a total of $120,000. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of .,2004. EULiNE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 2-ORD-PSA 2789 Change Order Two EXHIBIT A WORK DIRECTIVE CHANGE NUMBER TWO TO THE PROFESSIONAL SERVICES AGREEMENT WITH INNOVATIVE TRANSPORTATION SOLUTIONS, INC. PSA2789 APPROVED BY ORDINANCE 2002-062 ON MARCH 5, 2002 This Work Directive Change (WDC) is made this ___ Day of October, 2004, between the City of Denton ("City") and Innovative Transportation Solutions, Inc. ("Consultant") to the above referenced Agreement (the "Contract") in the following respects: WORK DIRECTIVE CHANGE DESCRIPTION: Owner and Consultant acknowledge the following addition, deletion, or revision in the Scope of Work to be performed: The Scope of Services, included as Exhibit A to the Contract, are revised to include facilitating the ongoing discussions regarding the 135E Major Investment Study that is the precursor to the reconstruction of 1-35E, and discussions concerning the potential use of monies received from tolls should or when SH 121 becomes a toll facility. ITS has facilitated our coordination with the County Bond Program that has a majority of the funds dedicated to transportation. ITS has provided and will continue to provide any needed staff assistance for the City's CIP committee. ITS was instrumental in saving the City of Denton almost $100,000 in negotiations with the Texas Department of Transportation (TXDOT) and the North Central Texas Council of Governments (NCTCOG) concerning distribution of Federal funds for the southbound ramp reversal for 1-35E. The continued use of ITS services is integral to the development of future transportation for the City of Denton, and will almost certainly result in an overall savings of tax dollars above and beyond the expenditure for these services. Total compensation for these services through September 2005 are $10,000 per month for a total not to exceed $120,000. Owner hereby directs the Consultant to proceed as follows: The parties to the Contract formalize this WDC as Change Order Two that changes the Scope of Work. It extends the term of the Contract through September 30, 2005. In all other respects, the Contract remains the same. CITY OF DENTON, TEXAS BY;. Michael A. Conduff City Manager Date: Page 1 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: INNOVATIVE TRANSPORTATION SOLUTIONS, INC. BY: JOHN POLSTER Title: Date: Page 2 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET October 5, 2004 Materials Management Kathy DuBose ~ Questions concerning this acquisition may be directed to Alex Pettit at 349-8595 SUBJECT Consider adoption of an Ordinance approving the expenditure of funds for the purchase of annual maimenance for VisionAir Public Safety Software System and associated modules used for Police and Fire Departmem dispatching and records managemem available from only one source in accordance with the provision for State Law exempting such purchases from requiremems of competitive bids; and providing an effective date (File 3237-Purchase of Annual Maimenance for VisionAir Public Safety Software System awarded to VisionAir inc. in the amoum of $139,320.43). FILE INFORMATION The City of DeNon uses the VisionAir Public Safety Software Suite for managing all aspects of Public Safety Dispatching as well as managing the Public Safety Records of Police and Fire Departments. it is essential for the City of Denton to upkeep current maintenance with the software vendor in order to ensure availability of upgrades, software fixes, and access to knowledge and support resources. VisionAir Inc. is the sole-source vendor for maimenance for the VisionAir Public Safety Software Suite of modules. Section 252.022 of the Local Governmem Code provides that procurement of items that are only available from one source, do not have to be competitively bid. RECOMMENDATION We recommend award of this item to VisionAir Inc. in the amoum of $139,320.43. PRINCIPAL PLACE OF BUSINESS VisionAir Inc. Castle Hayne, NC ESTIMATED SCHEDULE OF PROJECT Annual Maimenance is being paid from October 1, 2004 through October 30, 2005. Agenda Information Sheet October 5, 2004 Page 2 FISCAL INFORMATION Funding for this purchase order is budgeted in the FY2004-05 Technology Services operating budget account 830700.6504. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Quote Attachment 2: Sole Source Letter 1-AlS-File 3237 Attachment 1 I S I O "The Future of Public Safet:y Software" Denton, TX, City of Tim Smith Customer Support Manager 601 East Hickory, Suite E. Denton, TX 76205 24 x 7 CAD Software Maintenance Renewal October 1, 2004 through September 30, 2005 VisionCAD: 7 Position 8 x 5 RMS Software Maintenance Renewal October 1, 2004 through September 30, 2005 VisionRMS Base: 40 Position 8 x 5 Jail Software Maintenance Renewal October 1, 2004 through September 30, 2005 VisionJail: 5 Position Not Live Fingerprint Interface 24 x 7 Mobile Software Maintenance Renewal October 1, 2004 through September 30, 2005 VisionMobile Message Switch: 100 Position 24 x 7 Mobile Software Maintenance Renewal October 1, 2004 through September 30, 2005 VisionMobile Base Package: 85 Position Not Live Paperless Citation Fire Mobile Not Live 8 x 5 Fire Software Maintenance Renewal October 1, 2004 through September 30, 2005 VisionFire: 20 Position 8 x 5 Inform Software Maintenance Renewal October 1, 2004 through September 30, 2005 Visionlnform: 10 Position Invoice#: IVC06973 Invoice Date: 8/20/04 Date Due: 9/30/04 $36,266.26 $14,274.94 $4,034.74 $16,622.50 $51,262.28 $0.00 $4,610.65 $3,358.08 Attachment 1 I S I O "The Future of Public Safet:y I Software" 24 x 7 Mobile Software Maintenance Renewal Add on Job#027043 VisionMobile Message Switch: 41-50 Position 24 x 7 CAD Software Maintenance Renewal October 1, 2004 through September 30, 2005 VisionGeo: 5 Position $5,540.83 $3,350.15 Total: $139,320.43 Make all checks payable to: VisionAir P.O. Box 9000 Castle Hayne, NC 28429 If you have any questions concerning this invoice, call: Accounts Receivable Department at800.882.2108 ext. 5166 Attachment 2 Timothy Smith Assistant to the Chief for Technology Denton Police Department 601 E. Hickory St., Suite E Denton, Texas 76205 September 20, 2004 Dear Mr. Smith, VisionAir is the sole source provider of support for its software that is used by the Denton Public Safety. Please let me know if you have any questions. We appreciate your business. Warm regards, Mitzi Kincaid Senior Financial Manager PO Box 9000 ® 5601 Barbados Blvd. ® Castle Hay~ae, NC 28429 800-882-2108 ® 910-602-6190 ® w¥~,¥~vigio~air~com ORDINANCE NO. AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF ANNUAL MAINTENANCE FOR VISIONAIR PUBLIC SAFETY SOFTWARE SYSTEM AND ASSOCIATED MODULES USED FOR POLICE AND FIRE DEPARTMENT DISPATCHING AND RECORDS MANAGEMENT AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISION FOR STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (FILE 3237-PURCHASE OF ANNUAL MAINTENANCE FOR VISIONAIR PUBLIC SAFETY SOFTWARE SYSTEM AWARDED TO VISIONAIR INC. IN THE AMOUNT OF $139,320.43). 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 1. That the following purchase of materials, equipment or supplies, as described in the "File Number" listed hereon, and on file in the office of the Purchasing Agent, and the license terms attached hereto are hereby approved: PURCHASE ORDER 3237 VENDOR VisionAir Inc. AMOUNT $139,320.43 SECTION 2. 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 3. 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 4. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 4-ORD-File 3237 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET October 5, 2004 Materials Management Kathy DuBose ~ Questions concerning this acquisition may be directed to Alex Pettit at 349-8595 SUBJECT Consider adoption of an Ordinance approving the expenditure of funds for the purchase of annual service access and support for the General Packet Radio Services (GPRS) wireless computer network for the Public Safety mobile computers used by City of Denton Police, Fire and EMS personnel available from only one source in accordance with the provision for State Law exempting such purchases from requiremems of competitive bids; and providing an effective date (File 3227-Purchase of Annual Service Access and Support for General Packet Radio Services (GPRS) awarded to AT&T Wireless in the amoum of $117,500). FILE INFORMATION The City of DeNon uses the AT&T Wireless GPRS (General Packet Radio Services) Network to provide Public Safety MDC (Mobile Data Computer) wireless access to the City Computer Network thereby affording direct access to the Public Safety Dispatching, Mapping, and Records system of Police and Fire by providing real-time access to information of both departments. It is essential for the City of Denton to upkeep current wireless connectivity with the established vendor to assure there is no break in service or support. AT&T Wireless is the sole-source vendor for GPRS wireless connectivity in the DeNon area. No other Denton area wireless access vendor offers signal coverage to the extent required by Public Safety. AT&T Wireless is the only wireless access vendor to offer Fixed IP (Imernet Protocol) addressing which further enhances data security. Additionally, to consider another source would require a complete re-fit, including all modem hardware for the emire fleet at a projected cost of $850,000. Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, do not have to be competitively bid. RECOMMENDATION We recommend award of this item to A T&T Wireless in the amoum of $117,500. PRINCIPAL PLACE OF BUSINESS AT&T Wireless Phoenix, AZ Agenda Information Sheet October 5, 2004 Page 2 ESTIMATED SCHEDULE OF PROJECT Monthly access is being paid from October 1, 2004 through September 30, 2005. FISCAL INFORMATION Funding for this item is budgeted in the FY 2004-05 Technology Services operating budget account 830700.7946. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Quote Attachment 2: Sole Source Letter 1-AlS-File 3227 ORDINANCE NO. AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF ANNUAL SERVICE ACCESS AND SUPPORT FOR THE GENERAL PACKET RADIO SERVICES (GPRS) WIRELESS COMPUTER NETWORK FOR THE PUBLIC SAFETY MOBILE COMPUTERS USED BY CITY OF DENTON POLICE, FIRE AND EMS PERSONNEL AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISION FOR STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (FILE 3227-PURCHASE OF ANNUAL SERVICE ACCESS AND SUPPORT FOR GENERAL PACKET RADIO SERVICES (GPRS) AWARDED TO AT&T WIRELESS iN THE AMOUNT OF $117,500). 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 1. That the following purchase of materials, equipment or supplies, as described in the "File number" listed hereon, and on file in the office of the Purchasing Agent, and the license terms attached hereto are hereby approved: FILE NUMBER 3227 VENDOR AT&T Wireless AMOUNT $117,500 SECTION 2. 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 3. 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 4. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 4-ORD-File 3227 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET October 5, 2004 Materials Management Kathy DuBose ~ Questions concerning this acquisition may be directed to Alex Pettit 349-8595 SUBJECT Consider adoption of an Ordinance awarding a contract for the purchase of Wireless Communication Services as approved by the State of Texas Building and Procurement Commission Department of Information Resources (DIR); providing for the expenditure of funds therefore; and providing an effective date (File 3231-Purchase of Wireless Communication Services awarded to Nextel Communications in the estimated amount of $50,000). FILE INFORMATION In April of 2003, the State of Texas through the Department of Information Resources signed a four-year Agreement with Nextel for two-way communication services (Contract DIR-VPC-03- 025). These services include "walkie-talkie", pager, messaging, voice and cellular service in one instrument. Under this contract, all Texas State, local and public education entities may purchase Nextel products and services at State of Texas pricing. Nextel provides direct connect and cell phone services available in a single hand held unit, an option not offered by Cingular. Depending upon need, an employee might require only communication with other City employees and not need the use of a cellular phone. By comparing cellular rate plans in use by these Departments from Cingular and new plans available from Nextel, a Department could have communications service for less money than they budget for cell phone services. Pilot programs were initiated with some Departments tracking the usage, dependability, and cost to conduct City business. Currently, Police, Engineering, Solid Waste, Facilities Management, and Technology Service Department's personnel utilize this service. Cellular phone usage is audited annually, and rate plans are adjusted to ensure the best match between specific usage and subscription plans available. PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISIONS) City Council approved a contract with Nextel Communications on August 19, 2003. RECOMMENDATION We recommend award of this item to Nextel Communications in the estimated amount of $50,000. Agenda Information Sheet October 5, 2004 Page 2 PRINCIPAL PLACE OF BUSINESS Nextel Communications Austin, TX ESTIMATED SCHEDULE OF PROJECT Approximately 116 Nextel instruments are currently in use. Additional units can be added at any time. Service is for the 2004-05 fiscal year. FISCAL INFORMATION The cost of individual instrument will be charged to the Department or Division to which it is assigned. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Quote 1-AlS-File 3231 Attachment 1 City of Denton 21,5 E McKinney Street Denton, Texas 76201 September 20, 2004 RE.: City of Denton Nextel Services, Under State of Texas Conltaet DIR VPC 03025 This letter confimas that the City of Denton wi. Il incur approximately $50,000 in Nextel service charges for the upcoming fi.seal year of 2005. This eaimate is based on .prior usage in the previous 12 months for six departments fl~at made use oftJ~e service. This figure does n. ot reflect any changes to current rale plans or additional subscribers to Nextel's voice or data services. If you have any queslions, please feel free to contact m.e at 972 880 5742. ¢ utive Nextel Communications, Inc. 1650 North Prospect Drive Richardson, TX ?50BI Phone 214.705.5400 Fax 972,705.8350 ..x.._ [ ORDINANCE NO. AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF WIRELESS COMMUNICATION SERVICES AS APPROVED BY THE STATE OF TEXAS BUiLDiNG AND PROCUREMENT COMMiSSiON DEPARTMENT OF INFORMATION RESOURCES (DiR); PROViDiNG FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROViDiNG AN EFFECTIVE DATE (FILE 3231-PURCHASE OF WIRELESS COMMUNICATION SERVICES AWARDED TO NEXTEL COMMUNiCATiONS IN THE ESTIMATED AMOUNT OF $50,000). WHEREAS, pursuant to Resolution 92-019, the State Purchasing Building and Procurement Commission 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 on behalf of the City of DeNon; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipmem, supplies or services can be purchased bythe City through the Building and Procuremem Commission programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipmem, 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 purchase order for materials, equipmem, supplies, or services, shown in the "File Number" listed hereon, and on file in the office of the Purchasing Agem, are hereby approved: FILE NUMBER VENDOR AMOUNT 3231 Nextel Communications $50,000 SECTION 2. That by the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City accepts the offer of the persons submitting the bids to the Building and Procuremem Commission for such items and agrees to purchase the materials, equipmem, supplies or services in accordance with the terms, conditions, specifications, standards, quamities and for the specified sums comained in the bid documems and related documems filed with the Building and Procuremem Commission, and the purchase orders issued by the City. SECTION 3. That should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the Building and Procuremem Commission, 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, speci- fications and standards contained in the Proposal submitted to the Building and Procurement Commission, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 4. That by the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved purchase orders 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 ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-File 3231 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET October 5, 2004 Materials Management Kathy DuBose ~ Questions concerning this acquisition may be directed to Alex Pettit at 349-8595 SUBJECT Consider adoption of an Ordinance approving the expenditure of funds for the purchase of annual maimenance for Harris Public Utility Billing System and associated software modules available from only one source in accordance with the provision for State Law exempting such purchases from requiremems of competitive bids; and providing an effective date (File 3229- Purchase of Annual Maimenance for Harris Public Utility Billing awarded to Harris Public Utility Billing System in the amoum of $53,875). BID INFORMATION The City of DeNon uses the Harris Public Utility Billing System software for maimaining utility customer accounts, producing utility bills, and processing utility revenues. It is essential for the City of Denton to upkeep current maintenance with the software vendor in order to ensure availability of upgrades, software fixes, and access to knowledge and support resources. Harris Compmer Systems is the sole source vendor for maimenance for the Harris Public Utility Billing System and associated software modules. Section 252.022 of the Local Governmem Code provides that procurement of items that are only available from one source do not have to be competitively bid. RECOMMENDATION We recommend award of this item to Harris Public Utility Billing System in the amount of $53,875. PRINCIPAL PLACE OF BUSINESS Harris Computer Systems Ottawa, Ontario, Canada ESTIMATED SCHEDULE OF PROJECT Annual maimenance is being paid for November 1, 2004 through October 31, 2005. Agenda Information Sheet October 5, 2004 Page 2 FISCAL INFORMATION Funding for this item is budgeted in the FY2004-05 Technology Services Operating Account 830400.6504. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Quote Attachment 2: Sole Source Letter 1-AlS-File 3229 R / S HEREINAYTER CALLED "HARRIS" At tacha'ent 1 Harhs Computer Systems 1 Antaries Dr, Suite 400, Ottawa, Ontario K2E 8C4 (613) 226-5511 Fax: (613) 226-3377 Maintenance Agreement 11/01/04 - 10/31/05 BILLING ADDRESS City Of Denton, 215 E McKinnev Road Denton. TX 76201 EQUIPMENT LOCATION SAME HEREINAFTER CALLED "TILE CUSTOMER" Contact: Anthony Caranna Contact: Telephone: .. (940) 349-7249 Telephone: Annual Sof~ware Support as follows: PUBS, CARe & HHI 27,000.00 Report Writer- PUBS 1,750.00 eCARe 12,075.00 Call Centre 1,550.00 Test Server 1,950.00 Cognos ........... 1 admin @ $250 250.00 au~ (455 @ $60) .......... $ 9,300.00 TOTAL $ - $ $ - $ 53,875.00 PAYMENT TERMS Payment due upon receipt of invoice. NOTES AND ATTACHMENTS This agreement appIies to the provision of software support, See Schedule A for additional detail. The above fee represents the Current annual charge for support related services, this fee is subject to an annual increase. THE CUSTOMER AGREES TO ALL THE TERMS OF THIS AGREEMENT AS SET FORTH ABOVE, INCLUDING ANY NOTED ATTACHMENTS, AND ON THE REVERSE SIDE HEREOF, AND IN CONSIDERATION THEROF, HI~REBY EXECUTES THIS AGREEMENT ACCEPTED BY: HARRIS COMPUTER SYSTEMS Signature CITY OF DENTON Signature Please Print Name And Title Date Please Print Name And Title September 17~ 2004 Date AttaChment 2 R I S Dear Melanie: Your firm has been selected as a vendor providing annual maintenance and COntinued vendor support of the Hards Public Utility Billing System and associated software modules. You have indicated to us that you are the only existing vendor of this/these commodities. Due to statutory requirements, unless you are the "single or sole source' of this/these commodities we must bid their procurement competitively. Single source, in this case, means that you are the only company that can supply us with this commodity. We are required to confirm this status with you. Please respond as necessary to the following questions and return this sheet to us via U,S. Mail. or fax. Call if you have any questions. 1. Are you the sole or single source vendor for the commodities named above? X Yes No 2. Is there any other vendor that offers this service? Yes X No -If you are not the single source vendor of this service please list the other vendors we need to contact for bids: ~. ~ .If you answered questions above as a single source vendor please sign below to certify that you are the single source of this matedal and return to: Tom Shaw, Purchasing Agent 901 B Texas Street Denton, Texas 76209 Or Fax to (940) 349-7302 I certify that we,ar~ the sole source of the above tisted commoditY or COmmodities. ' ' "v'/ ' ,~ (Company Official). PdntName: /~£.~,,7,4/,,'~' L~'..~ Date:. _~'~x~ /~/~.~... HARRIS COMPUTER SYSTEMS' ORDINANCE NO. AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF ANNUAL MAINTENANCE FOR HARRIS PUBLIC UTILITY BILLING SYSTEM AND ASSOCIATED SOFTWARE MODULES AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISION FOR STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (FILE 3229- PURCHASE OF ANNUAL MAINTENANCE FOR HARRIS PUBLIC UTILITY BILLING AWARDED TO HARRIS PUBLIC UTILITY BILLING SYSTEM IN THE AMOUNT OF $53,875). 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 1. That the following purchase of materials, equipment or supplies, as described in the "File Numbers" listed hereon, and on file in the office of the Purchasing Agent, and the license terms attached hereto are hereby approved: FILE NUMBER VENDOR AMOUNT Harris Public Utility Billing System 3229 $ 53,875 SECTION 2. 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 3. 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 4. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 4-ORD-File 3229 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: October 5, 2004 Materials Management Questions concerning this acquisition may be directed to Alex Petit at 349-8595 ACM: Kathy DuBose g'>~ SUBJECT Consider adoption of an Ordinance awarding a comract for the purchase of software maimenance for continued vendor support of the Informix Dynamic Server Relational Database software as awarded by the State of Texas Building and Procuremem Commission through the Catalog Information Service Vendor (CISV) Catalog Program; providing for the expenditure of funds therefore; and providing an effective date (File 3226-Purchase of Software Maimenance for Informix Dynamic Server Relational Database Software awarded to CompuCom Systems, Inc. in the amoum of $58,976.88). FILE INFORMATION The City of DeNon uses the Informix Dynamic Server Relational Database software package for the Utility Billing System, the Municipal Court Managemem System, and the Geographic Information System. It is essential for the City of Denton to upkeep current maintenance with the software vendor in order to ensure availability of upgrades, software fixes, and access to knowledge and support resources. RECOMMENDATION We recommend award of this item to CompuCom Systems, Inc. in the amoum of $58,976.88. PRINCIPAL PLACE OF BUSINESS CompuCom Systems, Inc. Dallas, TX ESTIMATED SCHEDULE OF PROJECT Annual maimenance is being paid for November 1, 2004 through October 31, 2005. FISCAL INFORMATION Funding for this purchase order is budgeted in the FY2004-05 Technology Services operating account 830400.6504. Agenda Information Sheet October 5, 2004 Page 2 FISCAL INFORMATION Funding for this purchase order is budgeted in the FY2004-05 account 830400.6504. Technology Services operating Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Quote 1-AlS-File 3226 ORDINANCE NO. AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF SOFTWARE MAINTENANCE FOR CONTINUED VENDOR SUPPORT OF THE INFORMIX DYNAMIC SERVER RELATIONAL DATABASE SOFTWARE AS AWARDED BY THE STATE OF TEXAS BUILDING AND PROCUREMENT COMMISSION THROUGH THE CATALOG INFORMATION SERVICE VENDOR (CiSV) CATALOG PROGRAM; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (FILE 3226-PURCHASE OF SOFTWARE MAINTENANCE FOR iNFORMIX DYNAMIC SERVER RELATIONAL DATABASE SOFTWARE AWARDED TO COMPUCOM SYSTEMS, iNC. iN THE AMOUNT OF $58,976.88). WHEREAS, the City Council of the City of Denton has heretofore adopted Resolution 92- 019 pursuant to Section 2157.067 of the Texas Government Code and Sections 271.082 and 271.083 of the Texas Local Government Code which authorizes the City to participate in the State Purchasing Building and Procurement Commission information Service Vendor Catalog Purchase Method provided for in Subchapter B of Chapter 2157 of the Texas Government Code (the "CiSV Catalog"); and WHEREAS, the herein described vendor is a qualified vendor in the CiSV Catalog and the contract authorized by this ordinance is in the best interests of the City and complies with the requirements of Subchapter B of Chapter 2157 of the Texas Government Code as a CiSV Catalog purchase; 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. The numbered items in the following numbered purchase order for materials, equipment, supplies, or services, shown in the "File Number" listed hereon, and on file in the office of the Purchasing Agent, are hereby approved: FILE NUMBER VENDOR AMOUNT 3226 CompuCom Systems, Inc. $58,976.88 SECTION 2. By the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City accepts the offer of the persons submitting the bids to the Building and Procurement Commission for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the Building and Procurement Commission, and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the Building and Procurement Commission, 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 and standards contained in the Proposal submitted to the Building and Procurement Commission, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the above numbered items set forth in the subject purchase orders, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved purchase orders or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of ,2004. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-File 3266 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET October 5, 2004 Materials Management Kathy DuBose ~ Questions concerning this acquisition may be directed to Alex Pettit 349-8595 SUBJECT Consider adoption of an Ordinance approving the expenditure of funds for the purchase of annual maintenance for continued vendor support of the Millennium Library System and associated hardware and software modules available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; and providing an effective date (File 3224-Purchase of Annual Maintenance for Millennium Library System awarded to innovative interfaces, inc. in the amount of $29,224). FILE INFORMATION The City of Denton uses the iii Millennium software for maintaining Library patron accounts, managing the Library collection, and processing fines and fees. it is essential for the City of Denton to upkeep current maintenance with the software vendor in order to ensure availability of upgrades, software fixes, and access to knowledge and support resources. Innovative Interfaces, Inc. is the sole source vendor for maintenance for the Millennium Library System and associated hardware and software modules. Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source do not have to be competitively bid. RECOMMENDATION We recommend award of this item to Innovative Interfaces, Inc. in the amount of $29,224. PRINCIPAL PLACE OF BUSINESS Innovative Interfaces, Inc. Emeryville, CA ESTIMATED SCHEDULE OF PROJECT Annual Maintenance is being paid for November 1, 2004 through October 31, 2005. Agenda Information Sheet October 5, 2004 Page 2 FISCAL INFORMATION Funding for this item is budgeted in the FY2004-05 Technology Services Operating Account 830400.6504. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Quote Attachment 2: Sole Source Letter 1-AlS-File 3224 Attachment 1 1 N H O'V ~ TI If £ DENTON PUBLIC LIBRARY SYSTEM August26,2004 MILLENNIUM Software Maintenance: For the period November 1, 2004 to October 31, 2005 TOTAL: $29,224.00 THIS iNFORMATiON IS CONFIDENTIAL BETWEEN DENTON PUBLIC LIBRARY SYSTEM AND iNNOVATIVE iNTERFACES, iNC. Arlene Debergue Customer Accounts September 17, 2004 Tom Shaw, Purchasing Ag 901 B Texas Street Denton, TX 76209 Fax: 9402349-7302 Please be advised that Inno · e MILLENNIUM syste] therefore is the sole sour. hardware and sofhvare of sl Innovative Interfaces, Inc. do not exceed those char maintenance for the same it Please feel free to contact n Regards,~ At taclment 2 t ,V,A,T! mt ~ative Interfaces, Inc. is tie sole manufacturer of a in use at the Denton Public Library, and :e for providing maintc, lance services for the id system. za~ants that the prices set forth in this quotation ;d by Seller to any othe] customers purchasing ~ms in like or comparable quantities. ie if you have any questio:as. Arlene Debergue Customer Accotm~ 5850 ShelJmoonci Woy~ ~meryviil,, C 94608 · 510,655.6200/F~X 510.450,6350 · Innovative Interfaces, Inc. Arlene Debergue 5850 Shelimound Way Emeryville, CA 94608 Dear Arlene: Your firm has been selected as vendor support of the Millennlur modules, You have indicated ;to commodities. Due to statutory re of this/these commodities we :m~ in this case, means that you are commodity. We are required to{ necessary to the following quest if you have any questions. Are yg, u#the sole or single sou _~Yes No 2. Is there any other~v~endor tl'iat Yes K NO If you are not the sir~gle source v need to contact for bids: vendor providing annual ~naJntenance and continued Library System and assoc :iated hardware and software ~s that you are the or}ly exi sting vendor of this/these quirements, unless you arE; the "single or sole source" !st bid their procurement (x,mpetitively. Single source, the only company that can supply us with this or}firm this status with you. Please respond as ohs and return this sheet t() us via U.S. Mail or fax, Call 'ce vendor for the commod ties named above? 3ffers this service? -~ndor of this service pleas(r list the other vendors we. If you answered questions ab0ve~ as a single source vendor certify that you are the single source °f lhis material and return to: please sign below to Tom Shaw, Purchasing Agent ~ 90t B Texas Street Denton, Texas 76209 Or Fax to (940) 349-7302 I certify th~ ~le s_out~e of the above listed commodity or commodities. Signed: I ~ · Title:.. ~,~,t_c~-~~ (Company Official) Print Name: ~-YJu~lr~ P~-~J ~>~....F-Q ~ Date: ORDINANCE NO. AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF ANNUAL MAINTENANCE FOR CONTINUED VENDOR SUPPORT OF THE MILLENNIUM LIBRARY SYSTEM AND ASSOCIATED HARDWARE AND SOFTWARE MODULES AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISION FOR STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (FILE 3224-PURCHASE OF ANNUAL MAINTENANCE FOR MILLENNIUM LIBRARY SYSTEM AWARDED TO INNOVATIVE INTERFACES, INC. IN THE AMOUNT OF $29,224). 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 1. That the following purchase of materials, equipment or supplies, as described in the "File Number" listed hereon, and on file in the office of the Purchasing Agent, and the license terms attached hereto are hereby approved: FILE NUMBER VENDOR AMOUNT Innovative Interfaces Inc. 3224 $ 29,224 SECTION 2. 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 3. 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 4. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2004. EULINEBROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET October 5, 2004 Materials Management Kathy DuBose ~ Questions concerning this acquisition may be directed to Alex Pettit 349-8595 SUBJECT Consider adoption of an Ordinance awarding a contract for the purchase of annual software maintenance and services for the Laser Fiche Document Imaging System currently being used by the City of DeNon as awarded by the State of Texas Building and Procuremem Commission through the Catalog Information Service Vendor (CISV) Catalog Program; providing for the expenditure of funds therefore; and providing an effective date (File 3235-Annual Software Maintenance and Services for Laser Fiche Document Imaging System awarded to VP Imaging in the amoum of $41,731.50). FILE INFORMATION The City of DeNon staff members evaluated imaging packages and selected the LaserFiche networked application as the Document Imaging System. The initial system was installed as a pilot project to meet the imaging needs for the City Secretary's Office and the Legal Departmem. After successful implementations in both of these departments, an Imaging Committee was established to define the needs and set the priority for future imaging projects. The committee was made up of staff members from the departmems that had expressed a need for imaging. Based on the Imaging Committee's recommendations, the system was enhanced and imaging has now been successfully deployed in multiple departmems throughom the City. The imaging projects include many solmions imegrated with GIS, the Imemet, and the City's Imranet. The City Secretary's Office has imaged thousands of documems, making them accessible. Among the documems imaged were City Council minutes, ordinances and resolmions going back to the 1900's, and cemetery records and abstracts from the 1800's. The City of Denton's Property Tax Rolls dating back to the 1950's, all Property Tax, Hotel Occupancy Tax, Investment records, tax bankruptcy files, and the City's mowing and paving liens are now in digital format. The Tax project saved years of records from destruction and hundreds of square feet of storage space. By using the LaserFiche System, the Tax Office provides the Delinquent Tax Attorney immediate access to files through the Internet. The Human Resources Department has implemented the LaserFiche Imaging System and now operates as a paperless operation. By integrating the Imaging System, the online application process, and the Internet/intranet applications, the Human Resource Department has developed a user-friendly process that dramatically increased the Departmem's effectiveness and efficiency. Agenda Information Sheet October 5, 2004 Page 2 FILE INFORMATION (CONTINUED) The Human Resources Department now receives an average of 475 applications per month from the online application service out of the total average of 628 applications received per month. Maximum return of the project investmems has improved employee productivity by easing access to the data, and helps staff to make better-informed decisions. This system ensures records security, eliminates time-consuming document searches, cuts storage space requiremems, and meets regulatory compliance. The project has streamlined operations while providing a more cost-effective means of serving our citizens and internal departments. This request covers the software license maintenance and services for the LaserFiche Document imaging solution that is being used by the City of DeNon for applications in the Police Department, Fire Department, Electric Administration, Utility Administration, City Secretary's Office, Engineering, Tax, Municipal Court, Facilities Management, Legal, and Human Resources. It is essential for the City of Denton to upkeep current maintenance with the software vendor in order to ensure availability of upgrades, software fixes, and access to knowledge and support resources. PRIOR ACTION/REVIEW Phase i: The trial and selection process of using the LaserFiche Document Imaging Application for the City of DeNon started on April 13, 2000 Purchase Order 04969. Phase II: On January 8, 2002, the City Council approved Purchase Order 102246 to VP Imaging for initial deploymem of LaserFiche documem imaging for Human Resources, Fire, Police, Legal, Engineering, Tax, and Utilities. Phase iii: On November 5, 2002, the City Council approved File 2909 to VP Imaging for upgrades and enhancements to the LaserFiche Imaging System for Human Resources, Fire, Police, Legal, Engineering, Municipal Court, City Manager's Office, City Secretary's Office, and Utilities, as recommended by the imaging Committee. On October 21, 2003, the City Council approved Purchase Order 113926 to VP Imaging for software maimenance and services for FY 2003-04. RECOMMENDATION We recommend award of this item to VP Imaging in the amoum of $41,731.50. Agenda Information Sheet October 5, 2004 Page 3 PRINCIPAL PLACE OF BUSINESS VP Imaging Lubbock, Texas ESTIMATED SCHEDULE OF PROJECT Annual software license maintenance and services will cover FY 2004-05 for the LaserFiche Document Imaging Application. Contract period is October 25, 2004 through October 25, 2005. FISCAL INFORMATION Funding for this item is budgeted in the 2004-05 Technology Services Operating Budget account 830500.6504. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Quote and CISV Certification 1-AlS-File 3235 Attachment 1 Ooc ® s o 1 u t i o n s VP Imaging, Inc. PO Box 94011 Lubbock, Texas 79493 806-784-0055 FAX 806-771-0925 City of Denton 215 E. McKinney Street Denton, Texas 76201 QUOTE Quote# 31168 2 Date: 9/2/2004 VP[ Contact: Cody Bettis Customer ID: Denton Note: All quotes expire 30 days from above date. Please call your VPI contact for any changes. Qty Item Descriptions Unit Pr Total 1 VPL Service Contract Agreement for one year. VP Imaging is your $ 34,931.50 $ 34,931.50 Laserfiche provider and front line support service center. Laserfiche Renewal Support for one year, October 25, 2004 through October 25, 2005. This includes LaserFiche service packs and point upgrades. VI Imaging Technical Support, one year, unlimited support via phone, fa> ~, email, M-F, 8AM-5PM, CST, Call toll free (800) 353-2320. LaserFiche LSAP for the following items: LF Enterprise Server Software for SQL system, LF Enterprise Full user 50, LF Enterprise Retrieval user 100, LF Enterprise WebLink, LF Toolkit, LF CD Publisher, LF Snapshot Site, LF Email Site, LF Audit-Trail, DocuNav ToolBar Site, DocuNav AutoFile 3, Court customize software. 80 VPIYR VP Imaging On-Site Training, Technical Support and/or Scanner $ 85.00 $ 6,800.00 Support, one year, ~ $85.00per hour plus parts. Hours to be divided $ $ $ $ $ $ ATTENTION: MARY Subtotal $ 41,731.50 Please review this quote. The prices quoted are at or below CISV Catalog Tax prices. VPfmagingisaCfSVapprovedvendor, VfD#1752738222400. Let us know if you have any questions or need additional information. We Freight $ look forward to working with you! Thank you, Nad ne. Total $ 41,731.50 ORDINANCE NO. AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF ANNUAL SOFTWARE MAINTENANCE AND SERVICES FOR THE LASER FICHE DOCUMENT iMAGiNG SYSTEM CURRENTLY BEING USED BY THE CITY OF DENTON AS AWARDED BY THE STATE OF TEXAS BUILDING AND PROCUREMENT COMMISSION THROUGH THE CATALOG INFORMATION SERVICE VENDOR (CiSV) CATALOG PROGRAM; PROViDiNG FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROViDiNG AN EFFECTIVE DATE (FILE 3235-ANNUAL SOFTWARE MAINTENANCE AND SERVICES FOR LASER FICHE DOCUMENT IMAGING SYSTEM AWARDED TO VP iMAGiNG iN THE AMOUNT OF $41,731.50). WHEREAS, the City Council of the City of Denton has heretofore adopted Resolution 92- 019 pursuant to Section 2157.067 of the Texas Government Code and Sections 271.082 and 271.083 of the Texas Local Government Code which authorizes the City to participate in the State Purchasing Building and Procurement Commission information Service Vendor Catalog Purchase Method provided for in Subchapter B of Chapter 2157 of the Texas Government Code (the "CiSV Catalog"); and WHEREAS, the herein described vendor is a qualified vendor in the CiSV Catalog and the contract authorized by this ordinance is in the best interests of the City and complies with the requirements of Subchapter B of Chapter 2157 of the Texas Government Code as a CiSV Catalog purchase; 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. The numbered items in the following numbered purchase order for materials, equipment, supplies, or services, shown in the "File Number" listed hereon, and on file in the office of the Purchasing Agent, are hereby approved: FILE NUMBER VENDOR AMOUNT 3235 VP Imaging $ 41,731.50 SECTION 2. By the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City accepts the offer of the persons submitting the bids to the Building and Procurement Commission for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the Building and Procurement Commission, and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the Building and Procurement Commission, 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 and standards contained in the Proposal submitted to the Building and Procurement Commission, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the above numbered items set forth in the subject purchase orders, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved purchase orders or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of ,2004. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET October 5, 2004 Materials Management Kathy DuBose ~% Questions concerning this acquisition may be directed to Alex Pettit 349-8595 SUBJECT Consider adoption of an Ordinance approving the expenditure of funds for the purchase of annual maintenance for Geographic Information System (GIS) software package available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; and providing an effective date (File 3230-Purchase of Annual Maintenance for Geographic Information System (GIS) Software Package awarded to Environmental Systems Research Institute (ESRI) in the amount of $31,810.98). FILE INFORMATION The GIS User Group consisting of Water, Electric, Solid Waste, Engineering, Planning and Technology Services meet quarterly to discuss GIS projects for the City. The ESRI software is the tool that has been used to develop GIS solutions that the City's departments utilize. The City of Denton uses the ESRI GIS software package to create and manage City inventories, produce web interactive maps, as well as paper maps, and provide a tool for data integration and analysis to the user departments. It is essential for the City of Denton to upkeep current maintenance with the software vendor in order to ensure availability of upgrades, software fixes, and access to knowledge and support resources. ESRI is the sole-source vendor for maintenance contracts for the GIS software package. Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source do not have to be competitively bid. RECOMMENDATION We recommend award of this item to Environmental Systems Research Institute in the amount of $31,810.98. PRINCIPAL PLACE OF BUSINESS ESRI Redlands, CA Agenda Information Sheet October 5, 2004 Page 2 ESTIMATED SCHEDULE OF PROJECT Maintenance is being paid from December 1, 2004 through November 31, 2005. FISCAL INFORMATION Funding for this item is budgeted in the FY 2004-05 Technology Service operating 830300.6504. account Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Quote Attachment 2: Sole Source Letter 1-AlS-File 3230 rime: 3:14 PI Page: 003 380 New York Street Redlands, CA 92373 Phone: (909)793-2853 Attachment 1 Quotation Date: 08/18:¢¢2004 Quotation Number: 25118140 CITY OF DENTON TECHNOLOGY SERVICES DEPT 601 E HICKORY STE A DENTON TX 76205-4305 Attn: CHENG ZHENG Customer Number: 552 Send Pum~ase Or, em To ESRI, Inc. 380 New York Street Redlands, CA 92373-8100 Attn: Gene Stabler Please include the following remittance address on your Purchase Order: ESRI Inc. File #54630 Los Angeles, CA 90074-4630 Unit Price Exteaded Pr]ce 10 1 52384 YOUR CUSTOMER SERVICE REPRESENTATIVE IS GENE STABLER@888-377-4575 Xl153 MAINT, PRIM,AI,FL Arclnfo Floating Primary Maintenance Start Date: 12/01/2004 End Date: 11/30/2005 3,O00.00 3,000.00 20 6 52385 MAINT, SCNDRY,AI,FL 1,200.00 7,200.00 Arclnfo Floating Secondary Maintenance Start Date: 12/01/2004 End Date: 11/30/2005 30 I 52385 MAINT, SC N DRY,Al,FL 1,200.00 1,200.O0 Arclnfo Floating Secondary Maintenance Start Date: 12/01/2004 End Date: 11/30/2005 40 1 52396 MAINT, PRIM,COGO,FL 500.00 500.00 ArcCOGO Floating Primary Maintenance Start Date: 12/01/2004 End Date: 11/30/2005 This quotation is valid for 90 days and is subject to your ESRI L'icense Agreement. The quotation information is proprietary and may not be copied or released other than for the express purpose of system selection and purchase/license. This information may not be given to outside parties or used for any other purpose without consent from Environmental Systems Research Institute, Inc. (ESRI). Any estimated sales and/or use tax has been calculated as of the date of this quotation and is merely provided as a convenience for your organization's budgetary purposes, ESRI reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing. If your organization is tax exempt or pays state taxes directly, then prior to invoicing, your organization must provide ESRI with a copy of a current tax exemption certificate issued by your state's taxing authority for the given jurisdiction. [ST/~LERG] Issued By: Gene Stabler Ext: 1153 To expedite your order, please reference your customer number and this quotation number on your purchase order. ~ime: 3:14 PM To: Page: 004 380 New York Street Redlands, CA 92373 Phone: (909)793-2853 Quotation Page 2! Date: 08/16/2004 Quotation Number: 25118140 Item Qty Product#Description Unit Pri~:e Extended Price 50 1 64820 MAINT,AG APRS ArcPress for ArcGIS Concurrent Use Maintenance Start Date: 12/01/2004 End Date: 11/30/2005 200.00 200.00 60 2 87192 MAINT,PRIM,AV,SU ArcView Single Use Primary Maintenance Start Date: 12/01/2004 End Date: 11/30/2005 Hardware Platform: GENERIC DESKTOP 400.00 800.00 70 21 87193 MAINT,SCNDRY,AV, SU 200.~0 4,200.00 ArcView Single Use Secondary Maintenance Start Date: 12/01/2004 End Date: 11/30/2005 Hardware Platform: GENERIC DESKTOP 80 3 87193 MAINT,SCNDRY,AV, SU 200.(~0 600.00 ArcView Single Use Secondary Maintenance Start Date: 12/01/2004 End Date: 11/30/2005 Hardware Platform: GENERIC DESKTOP 90 6 87193 MAINT,SCNDRY,AV, SU 107.~) 644.40 ArcView Single Use Secondary Maintenance Start Date: O5/19/2005 End Date: 11/30/2005 Hardware Platform: GENERIC DESKTOP 100 1 87194 MAINT,PRIM,AV,CU 700.(~0 700.00 ArcView Concurrent Use Primary Maintenance Start Date: 12/O1/2004 End Date: 11/30/2005 Hardware Platform: WINDOWS NT-INTEL 110 1 87195 MAINT,SCN D RY,AV, CU 500.~0 500.O0 This quotation is valid for 90 days and is subject to your ESRI License Agreement. The quotation information is prolorietary and may not be copied or released other than for the express purpose of system selection and purchase/~license. This inf~'mation may not be given to outside parties or used for any other purpose without consent from Environmer~tal Systems Research / Institute, Inc. (ESRI). Any estimated sales and/or use tax has been calculated as of the date of this quotation and is merely provided as a convenience for your organization's budgetary purposes. ESRI reserves the right to adjust and collect sales and/~ use tax at the actual date of invoicing. If your organization is tax exempt or pays state taxes directly, then prior to invoicing, lyour organization must provide ESRI with a copy of a current tax exemption certificate issued by your state's taxing authority for the given jurisdiction. / [S'I'ABLE RG] Issued By: Gene Stabler Ext: 1153 To expedite your order, please reference your customer number and this quotation number on your ~urchase order. ime: 3:14 PH ~ 19qO3q~ Page: 005 350 New York Street Redlands, CA 92373 Phone: (909)793-2853 Quotation Page 3~ Date: 08/16/2004 Quotation Number: 25118140 Item Qty Product#Description Unit Prite Extended Price ArCView 8.x Conc"Urrent Use SeCondary Maintenance Start Date: 12/01/2004 End Date: 11/30/2005 Hardware Platform: WINDOWS NT-INTEL 120 2 87195 MAINT, SCNDRY,AV, CU ArcView 8.x Concurrent Use Secondary Maintenance Start Date: 12/01/2004 End Date: 11/30/2005 Hardware Platform: WINDOWS NT-INTEL 500.~0 1,000.O0 130 1 87198 140 1 87213 MAINT,PRIM,AG 3D,CU 500.~)0 ArcGIS 3D Analyst Concurrent Use Primary Maintenance | Start Date: 12/01/2004 End Date: 11/30/2005 Hardware Platform: WINDOWS NT-INTEL 500.O0 MAINT,DSG,ASDE,SRVR,2CPU 3,000.~0 3,000.00 ArcSDE Developer Support Group (DSG) Maintenance for 1 Server 2 CPUs and 5 Read and Write Connections Start Date: 12/01/2004 End Date: 11/30/2005 150 1 92628 160 1 93094 170 1 93O94 MAINT, PRIM,AG SRVAN,CU 500.~O ArcGIS Survey Analyst Concurrent Use Primary MaintenanceI Start Date: 12/O1/2004 I, End Date: 11/30/2005 Hardware Platform: WINDOWS NT-INTEL MAINT,PRIM,AV,EXT,SU 536.~)9 ArcView with Extension Single Use Primary Maintenance Start Date: 05/19/2005 End Date: 11/30/2005 Hardware Platform: GENERIC DESKTOP 500.O0 536.99 MAINT,PRIM,AV,EXT,SU 1,000J AmView with Extension Single Use Primary Maintenance Start Date: 12/01/2004 This quotation is valid for 90 days and is subject to your ESRI License Agreement. The quotation in may not be copied or released other than for the express purpose of system selection and purchase, may not be given to outside parties or used for any other purpose without consent from Environme~ Institute, Inc. (ESRI). )0 1,000.00 ~rmation is proprietary and license. This information ,tal Systems Research Any estimated sales and/or use tax has been calculated as of the date of this quotation and is merely provided as a c ............. for your organization's budgetary purposes, ESRI reserves the right to adjust and collect sales and/c~r use tax at the actual date of invoicing. If your organization is tax exempt or pays state taxes directly, then prior to invoicing,lyour organization must provide ESRI with a copy of a current tax exemption certificate issued by your state's taxing authority for the given jurisdiction. ! [b-'rABLERG] Issued By: Gene Stabler Ext: 1153 To expedite your order, please reference your customer number and this quotation number on your purchase order. ~ime: 3:lA PM P~ge: 0O6 380 New York Street Redlands, CA 92373 Phone: (909)793-2853 Date: 08/16/2004 Quotation Number: 25118140 Item Qty Product#Description End Date: 11/30/2OO5 Hardware Platform: GENERIC DESKTOP Quotation Page 4| Unit Prfe Extended Price 18O 1 93O95 190 1 93095 200 1 97534 MAINT,SCNDRY,AV,EXT, SU 800.(~0 ArcView with Extension Single Use Secondary Maintenance/ Start Date: 12/01/2004 h End Date: 11/30/2005 Hardware Platform: GENERIC DESKTOP MAINT,SCNDRY,AV, EXT, SU 429.~9 ArcVieWstart Date:With05/1Extension9/2005 Single Use Secondary Maintenance ill End Date: 11/30/2005 Hardware Platform: GENERIC DESKTOP MAINT,AIMS, 1 SRVR,2CPU ArclMS 1 Server 2 CPUs Maintenance Start Date: 12/01/2004 End Date: 11/30/2005 2,000.70 800.O0 429.59 2,000.00 210 1 97534 MAINT,AIMS, 1 SRVR,2CPU ArclMS 1 Server 2 CPUs Maintenance Start Date: 12/01/2004 End Date: tl/30/2005 2,000.~O 2,000.00 220 1 98696 MAINT,PRIM,AG PUB,CU ArcGIS Publisher Concurrent Use Primary Maintenance Start Date: 12/01/2004 End Date: 11/30/2005 500.~O 500.00 Subtotal Shipping & Handling Estimated T~x To~l 31,810.98 O.00 O.O0 31,810,98 This quotation is valid for 90 days and is subject to your ESRt License Agreement. The quotation inlormation is proprietary and may not be copied or released other than for the express purpose of system selection and purchase~license, This information may not be given to outside parties or used for any other purpose without consent from Environmerltal Systems Research Institute, Inc. (ESRI). / Any estimated sales and/or use tax has been calculated as of the date of this quotation and is inertly provided as a convenience for your organization's budgetary purposes. ESRI reserves the right to adjust and collect sales and/~ use tax at the actual date of invoicing. If your organization is tax exempt or pays state taxes directly, then prior to invoicing,|your organization must provide ESF{I with a copy of a current tax exemption certificate issued by your state's taxing authorlt¥ fo~ the given jurisdiction. I ISTABt. E RGI Issued By: Gene Stabler Ext: 1153 To expedite your order, piease reference your customer number and this quotation number on your li)urchase order. Time: 3:14 PM To: Page: 007 ~ 19qO3q9853: 380 New York Street Redlands, CA 92373 Phone: (909)793-2853 Quotation Page 5/ Date: 08/16/2004 Quotation Number: 25118140 Ii: Item Qty Product#Description Unit Pr e Extended Price BY SIGNING BELOW, YOU ARE INDICATING THAT YOR ARE AUTHORIZED TO OBI. II~TE FUNDS FOR YOUR ORGANIZATION. DO NOT USE THIS FORM FOR ORDER ACTIVATION IF YOUR ORGANIZATION WILL NOT HONOR AND PAY AN INVOICE THAT HAS BEEN ISSUED AT YOUR DIRECTION WITHOUT AI~DITIONAL AUTHORIZING PAPERWORK. To expedite your order, either attach a copy of this quotation to your purchase order ~vhen !t is remitted to ESRI, or sign below and return this quotation to indicate your acceptance. I ESRI s address a~nd fax number are provided on the first page of this quotation. If you have made ANY alterations to the line items included in this quote and have chosen to sign the quote to indicate your acceptance, you must fax ESRI the signed quote in its entirety in order for the quote to be accepted You will be contacted by your Customer Service Representative if additional informatialn is required to complete you request. If your organization is a US Federal, state, or local government agency; an educationa~facility; or a company that will not pay an invoice without having issued a formal purchase order, a signed quotalon will not be accepted unless it is accompanied by your purchase order. If you choose to discontinue your support, you will become ineligible for support behests and services. All maintenance fees from the date of discontinuation will be due and payable if you deci~le to reactivate your support coverage at a later date. By signing below, you are authorizing ESRI to issue a software support invoice in the amount of: $ Signature of Authorized Representative Name (Ph:ase P~int) Title This quotation is valid for 90 days and is subject to your ESRI License Agreement. The quotation in °rmation is proprietary and may not be copied or released other than for the express purpose of system selection and purchase~license. This information may not be given to outside parties or used for any other purpose without consent from Environmeltal Systems Research Institute, Inc. (ESRI). Any estimated sales and/or use tax has been calculated as of the date of this quotation and is merely provided as a convenience for your organization's budgetary purposes. ESRI reserves the right to adjust and collect sales and/c~r use tax at the actual date of invoicing. If your organization is tax exempt or pays state taxes directly, then prior to invoicing, Jyour organization must provide ESRI with a copy of a current tax exemption certificate issued by your state's taxing authority for the given jurisdiction. ! {STABtERG} Issued By: Gene Stabler Ext: 1153 'o expedite your order, please reference your customer number and this quotation number on your purchase o~der. Attachment 2 09/20/04 Customer Service Representative Charles Carothers 380 New York St. Redlands, CA 92373 Subject: ESRI Sole Source Justification for Geographic Information System Software and Maintenance Dear Cheng, This letter confirms that ESRI, as owner and manufacturer, is the only source from which all ESRI® software and maintenance services can be ordered. ESRI is the sole domestic source for the purchase of the following software licenses: ArclnfoTM, Arclnfo Workstation extensions (ArcNetworkTM, ArcGridTM, ArcTINTM, ArcCOGOTM, ArcStormTM, and ArcScanTM), ArcEditorTM, NetEngineTM, Maplex 3 .x, Military Overlay Editor (MOLE~), and Production Line Tool Set (PLTS) In addition, ESRI is the sole domestic provider of software maintenance for all ESRI software (technical support plus ESRI software updates/upgrades). ESRI distributes certain software licenses through resellers and distributors, excluding those listed above. ESRI is also the sole source of certain proprietary training courses. If you have further questions, please feel free to call our Contracts Department at 909-793-2853, extension 1550. Sincerely, Charles Carothers 888-377-4575 x2428 ccarothers~esri.com J-8933/KMM 6/24/02 ESRI 380 New York St., Redlands, CA 92373-8100, USA · TEL 909-793-2853 · FAX 909-793-5953 · E-MAIL info@esri.com · WEB www. esri.com ORDINANCE NO. AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF ANNUAL MAINTENANCE FOR GEOGRAPHIC INFORMATION SYSTEM (GIS) SOFTWARE PACKAGE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISION FOR STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (FILE 3230-PURCHASE OF ANNUAL MAINTENANCE FOR GEOGRAPHIC INFORMATION SYSTEM (GIS) SOFTWARE PACKAGE AWARDED TO ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE (ESRI) IN THE AMOUNT OF $31,810.98). 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 1. That the following purchase of materials, equipment or supplies, as described in the "File Number" listed hereon, and on file in the office of the Purchasing Agent, and the license terms attached hereto are hereby approved: FILE NUMBER VENDOR AMOUNT 3230 Environmental Systems Research Institute $ 31,810.98 SECTION 2. 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 3. 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 4. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 4-ORD-File 3230 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET October 5, 2004 Materials Management Kathy DuBose ~ Questions concerning this acquisition may be directed to Alex Pettit at 349-8595 SUBJECT Consider adoption of an Ordinance awarding a contract under the Texas Multiple Award Schedule (TXMAS) program for the purchase of a PSERIES 630 server, computer hardware, operating system software, and first year annual maintenance for Geographic Information System (GIS) as awarded by the State of Texas Building and Procurement Commission contract TXMAS-3-70030; providing for the expenditure of funds therefore; and providing an effective date (File 3238-Purchase of PSERIES 630 server, computer hardware, operating system software, and first year annual maintenance awarded to International Business Systems, Inc. (IBM) in the amount of $52,466). FILE INFORMATION This Server is being purchased in order to upgrade the GIS ArcSDE to a faster and more powerful system. The current server supporting the GIS ArcSDE system is four years old and has reached its capacity. This new server will increase operational speed to the GIS System used by Public Safety (Camstat, EOC), Utilities (CarteGraph, CityWorks), Engineering (CarteGraph, stores the City assets inventories), Planning (Parcel information for CRW, GIS information for analysis and planning), Economic Development (parcel, street, flood plan and other GIS information for analysis) and other City departments (Interactive map creation, analysis and paper map creation). Services provided are listed in the vendor's CISV approved catalog and the prices are equal to or less than the published catalog prices. RECOMMENDATION We recommend award of this item to International Business Machines Corporation in the amount of $52,466. PRINCIPAL PLACE OF BUSINESS International Business Machines Corporation (IBM) Armonk, New York Agenda Information Sheet October 5, 2004 Page 2 ESTIMATED SCHEDULE OF PROJECT Migration of GIS to the new server hardware is to be completed by December 31, 2004. FISCAL INFORMATION Funding for this purchase order is budgeted in the Technology Services GIS bond 830010438. account Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Quote 1-AlS-File 3238 B J IBM QUOTATION: 04083101 Attachment 1 City of Denton 7028-6C4 pSeries 630 4-Way 1.4GHz SMP Server 8GB Memory, 4 x 146.8GB Internal UltraSCSI Disks 80/160GB Int. Tape Drive w/VXA Technology, IDE CD ROM AIX V5.1, 3Yr. Software Maintenance Machine / ~ Description QL~ List Price Feature Unit .[ Extended 7028-6C4 Rack Server 1 :PSERIES 630 1 758 758 2633 IDE CD-ROM DR.(BLACK BEZEL) 1 134 134 2849 PWR GXT135P GRAPH ACC+DIG SUPP 1 331 331 3275 146.8GB 10K RPM U3 SCSI DDRASS 4 6444 6444 4250 CONN CAB 6SLOT PCI RISER 2 MED 1 40 40 4254 SCSI CONNECTOR CABLE 1 49 49 4651 RACK INDICATOR, RACK 1 1 N/C N/C 5005 SOFTWARE PREINSTALL 1 N/C N/C 5706 2-PORT BASE-TX ETHT PCI-X ADPT 1 1289 1289 6120 80/160GB INT TAPEDR W/VXA TECH 1 2011 2011 6239 2 GIGAB FIBRE CHANN PCI-X ADPT 1 2081 2081 6273 POWER SUPPLY, 645 WATT AC, HS 1 1679 1679 6557 REDUNDANT COOLING 1 121 121 6568 U3 SCSI BACKPLANE FOR HS DISKS 1 235 235 8080 2048MB DIMMS, EXPRESS CONFIG 4 N/C N/C 8109 2WAY 1.45GHZ PWR4+ PROC C EXP 2 N/C N/C 8114 FEAT CODE INDIC EXP CONF (440) 1 28373 28373 8700 QUIET TOUC KEYB.,US ENGL. 1 39 39 8741 3-BUTTON MOUSE-STEALTH BLACK 1 17 17 9172 POWER SPECIFY, AC 1 N/C N/C 9300 LANG.GROUP SPEC.-US ENGLISH 1 N/C N/C 9556 6 SLOT PCI RISER INIT ORD ONLY 1 N/C N/C 9581 RIO-2 ENABLEMENT INDICATOR 1 N/C N/C 9911 POWER C.-ALL(STD.RACK P.C.) 1 N/C N/C TOTAL 7028-6C4 Price 43601 43601 5692-A5L AIX 5.1 SPO 1 N/C N/C 907 AIX 5L FOR POWER UPDATE CD 1 N/C N/C 919 AIX 5.1 SPO 1 N/C N/C 921 AIX 5L FOR POWER EXP PACK 1 N/C N/C 975 CMM 1 N/C N/C 1004 MEDIA PROCESS CHARGE CD ROM 1 49 49 2924 ENGLISH - US U/L SBCS (ENU) 1 N/C N/C 3410 CD-ROM ISO 9660 STANDARD 1 N/C N/C 5005 PRELOAD (AUS FEATURE 5005) 1 N/C N/C 5924 LNG PRELOAD ONLY 5924 ENGLISH 1 N/C N/C TOTAL 5692-A5L 49 49 5765-E61 AIX 5L FOR POWER V5.1 1 AIX 5L FOR POWER V5.1 P/CPU 1 N/C N/C 4 N/C N/C 5773-SM3 SW MAINTENANCE FOR AIX,3 YEARS 462 1 PROC E5 SWMA 3Y RENEW 1 N/C N/C 4 7024 7024 Note: Prices and discounts are subject to change. Lease rates and SewiceSuite pricing are for planning purposes only. Prepared by: MPAUTSCH 8/16/2004 @ 5:19:11 PM Page 1 of 2 / City of Denton 8GB p630 464 24X7 1 PRC E5 SWMA 3Y RNW Attachment 1 TOTAL 5773-SM3 4 1792 1792 8816 8816 Total Server Hardware 43,601.00 Total Software (including Maintenance) 8,865.00 Total Storage & Peripherals Total Services Total 3-Year ServiceSuite Hardware Maintenance List Solution Cost 62,966.00 Discounted Solution Total 52,466.00 Pricing provided under TXMAS Contract #TXMAS-3-70030 based on GSA IT Schedule INFORMATIONAL: Addl. 8GB RAM Upgd. Two - Integrated Ultra3 SCSI controllers Integrated 10/100 Ethernet Adapter Integrated 10/100 Ethernet Adapter Integrated Support Processor 6 Slot PCI Riser New planar - RIO enabled. Standard Office NC Note: Prices and discounts are subject to change. Lease rates and SewiceSuite pricing are for planning purposes only. Prepared by: MPAUTSCH 8/16/2004 @ 5:19:11 PM Page 2 of 2 / City of Denton 8GB p630 ORDINANCE NO. AN ORDINANCE AWARDING A CONTRACT UNDER THE TEXAS MULTIPLE AWARD SCHEDULE (TXMAS) PROGRAM FOR THE PURCHASE OF A PSERIES 630 SERVER, COMPUTER HARDWARE, OPERATING SYSTEM SOFTWARE, AND FIRST YEAR ANNUAL MAINTENANCE FOR GEOGRAPHIC INFORMATION SYSTEM (GiS) AS AWARDED BY THE STATE OF TEXAS BUILDING AND PROCUREMENT COMMISSION CONTRACT TXMAS-3-70030; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROViDiNG AN EFFECTIVE DATE (FILE 3238-PURCHASE OF PSERIES 630 SERVER, COMPUTER HARDWARE, OPERATING SYSTEM SOFTWARE, AND FIRST YEAR ANNUAL MAINTENANCE AWARDED TO INTERNATIONAL BUS1NESS SYSTEMS, INC. (iBM) IN THE AMOUNT OF $52,466). WHEREAS, pursuant to Resolution 92-019, the State Purchasing Building and Procurement Commission 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 on behalf of the City of DeNon; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipmem, supplies or services can be purchased bythe City through the Building and Procuremem programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipmem, 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 purchase order for materials, equipmem, supplies, or services, shown in the "Purchase Orders" listed hereon, and on file in the office of the Purchasing Agem, are hereby approved: FILE NUMBER VENDOR AMOUNT 3238 imemational Business Machines Corporation $52,466 SECTION 2. That by the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City accepts the offer of the persons submitting the bids to the Building and Procuremem Commission for such items and agrees to purchase the materials, equipmem, supplies or services in accordance with the terms, conditions, specifications, standards, quamities and for the specified sums comained in the bid documems and related documems filed with the Building and Procurement Commission, and the purchase orders issued by the City. SECTION 3. That should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the Building and Procurement Commission, 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, speci- fications and standards contained in the Proposal submitted to the Building and Procurement Commission, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 4. That by the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved purchase orders 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 ,2004. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-File 3238 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: October 5, 2004 Materials Management Questions concerning this acquisition may be directed to Alex Pettit at 349-8595 ACM: Kathy DuBose ~[b SUBJECT Consider adoption of an Ordinance approving the expenditure of funds for the purchase of annual maimenance for cominued vendor support of the PeopleSoft Emerprise One (formerly JD Edwards OneWorld) software package available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; and providing an effective date (File 3225-Purchase of Annual Maimenance for PeopleSoft Emerprise One Software Package awarded to PeopleSoft, Inc. in the amoum of $82,800). FILE INFORMATION In 1998, a Focus Committee was formed to review and select a new financial reporting system and human resources management system. This new software would replace an eighteen-year old mainframe system. Twelve representatives from Utilities, Treasury, Purchasing and Warehouse, Human Resources, Accounting and Budget, and other end-user departments participated in the evaluation process. The Committee met regularly establishing criteria for selection, idemifying possible product solmions and evaluating each possible solmion. After product demonstrations and initial selection of four possible solutions, site visits were made to similar municipal users. The Committee unanimously made the final selection of JD Edwards on September 24, 1999. The City of DeNon uses the PeopleSoft EmerpriseOne (Formerly J.D. Edwards OneWorld) software package for Job Cost, Warehouse Inventory and Procurement, Financials, General Ledger Accounting, Human Resources, Employee Information, and Payroll. It is essential for the City of Denton to upkeep current maintenance with the software vendor in order to ensure availability of upgrades, software fixes, and access to knowledge and support resources. PeopleSoft, Inc. is the sole source vendor for maimenance comracts for the PeopleSoft EmerpriseOne (Formerly J.D. Edwards OneWorld) software package. Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source and protected by copyright or patent, do not have to be competitively bid. RECOMMENDATION We recommend award of this item to PeopleSoft, Inc. in the amoum of $82,800. Agenda Information Sheet October 5, 2004 Page 2 PRINCIPAL PLACE OF BUSINESS PeopleSoft, Inc. Pleasanton, CA ESTIMATED SCHEDULE OF PROJECT Maintenance is being paid for November 1, 2004 through October 31, 2005. FISCAL INFORMATION Funding for this purchase order is budgeted in the FY2004-05 Technology Services Operating Account number 830400.6504. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Quote Attachment 2: Sole Source Verification 1-AlS-File 3225 Attach_merit 1 From: To: Date: Subject: <tim_mcneil@peoplesoft.com> <Anthony. Caranna@cityofdenton.com> 9/13/2004 1:15:33 PM Support Renewals for the City of Denton Anthony, Following is the support fee quote you requested. Please respond to confirm you wish to continue this support and the billing address is correct. Thanks. Cust ID: 34340 AB#6557926 Support Period: 11/01/04 to 10/31/05 Supported Products: Licensed Products from former J.D. Edwards Support Fee: $82,800.00 Billing Address: 215 E. McKinney Street Denton, TX 76201 Attention: Anthony Caranna Tim McNeil Support Services (925) 694-6689 CC: <Craig_Stromberg@peoplesoft.com> Attachment 2 PeopleSofL PeopleSoft, inc, Tim McNeil 4460 Hacienda Drive Pleasanton, CA 94588-8618 PeepieSoft~ thC, 4500 People$oft Paff(way P.0. Box 9020 ' Pteasanm, OolJfomla B4588~0~ w~-peopleso~com Tel 925 69~ 3000 Fox 925 694 444= Dear Tim: Your firm has been selected as a vendor providing annual maintenance and .continued vendor support of the PeopleSoff EnterpriseOne software package. You have indicated to us that you are the only existing vendor ot this/these commodities. Due to statutory requirements, unless you are the "single or sole source" of this/these commodities we must bid their procurement competitively. Single source, in this case; means that you are the only company that can supply us with this commodity. We are required to confirm this status with you. Please respond as necessary to the following questions and return this sheet to us via U.S. Mail or fax. Call if you have any questions. 1. Are you ~e sole or single source vendor for the commodities named above? ~,~ Yes No 2, Is there any other vendor that offers this semite? Yes ~ No Jf you are not the single source vendor of this service please fist the other vendors we need to contact for bids: If you answered questions above as a singre source vendor please sign below to certify that you are the single source of this material and return to: Tom Shaw, Purchasing Agent 901 B Texas Street Denton, Texas 76209 Or Fax to (940) 349-7302. ~Tare th,,~ I certify that . e s~/~r7 °f~ above Jisted commod'ty or commodities. K~'~'ill R. ~ (Oom~any bffi¢ial) Print Name: VP, SuPl::l~ ,~11~~~ Date: ~- ZO- 0 L{ ORDINANCE NO. AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF ANNUAL MAINTENANCE FOR CONTINUED VENDOR SUPPORT OF THE PEOPLESOFT ENTERPRISE ONE (FORMERLY JD EDWARDS ONEWORLD) SOFTWARE PACKAGE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISION FOR STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (FILE 3225-PURCHASE OF ANNUAL MAINTENANCE FOR PEOPLESOFT ENTERPRISE ONE SOFTWARE PACKAGE AWARDED TO PEOPLESOFT, INC. IN THE AMOUNT OF $82,800). 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 1. That the following purchase of materials, equipment or supplies, as described in the "File Numbers" listed hereon, and on file in the office of the Purchasing Agent, and the license terms attached hereto are hereby approved: FILE NUMBER 3225 VENDOR AMOUNT PeopleSoft, Inc. $ 82,800 SECTION 2. 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 3. 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 4. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-File 3225 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET October 5, 2004 Materials Management Kathy DuBose ~ Questions concerning this acquisition may be directed to Alex Pettit 349-8595 SUBJECT Consider adoption of an Ordinance approving the expenditure of funds for the purchase of annual maintenance for continued vendor support of the Oracle Relational Database Software available from only one source in accordance with the provision for State Law exempting such purchases from requiremems of competitive bids; and providing an effective date (File 3228- Purchase of Software Maimenance for Oracle Relational Database Software awarded to Oracle Corporation in the amoum of $35,860). FILE INFORMATION In 1998, a Focus Committee was formed to review and select a new financial reporting system and human resources management system. This new software would replace an eighteen-year old mainframe system. Twelve representatives from Utilities, Treasury, Purchasing and Warehouse, Human Resources, Accounting and Budget, and other end-user departments participated in the evaluation process. The Committee met regularly establishing criteria for selection, idemifying possible product solutions and evaluating each potemial system provider. After product demonstrations and initial selection of four possible solutions, site visits were made to similar municipal users. The Committee unanimously made the final selection of JD Edwards on September 24, 1999. The City of Denton uses the Oracle Relational Database software package for the PeopleSoft EmerpriseOne (Formerly J.D. Edwards OneWorld) System. This system supports the operation of Accounting and Finance, Human Resources, Payroll, Procurement, and Warehouse. It is essemial for the City of DeNon to upkeep current maimenance with the software vendor in order to ensure availability of upgrades, software fixes, and access to knowledge and support resources. Oracle Corporation is the sole source vendor for Oracle Relational Database Software maintenance. Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source do not have to be competitively bid. RECOMMENDATION We recommend award of this item to Oracle Corporation in the amoum of $35,860. Agenda Information Sheet October 5, 2004 Page 2 PRINCIPAL PLACE OF BUSINESS Oracle Corporation Redwood Shores, CA ESTIMATED SCHEDULE OF PROJECT Maintenance is being paid for October 28, 2004 through October 27, 2005. FISCAL INFORMATION Funding for this item is budgeted in the FY2004-05 Technology Services Operating Account 830400.6504. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Quote Attachment 2: Sole Source Letter 1 -AIS-xxxxxx ORAC:L Attachment 1 August 9, 2004 Customer Contact Tel 940-349-7249 Fax 940-349-8533 Email anthony.caranna@cityofdent Anthony Caranna* CITY OF DENTON 901 B TEXAS STREET DENTON TX 76201 Re: Support Renewal# 1877837 Dear Anthony, Please find attached a quotation for the above support renewal. The support benefits and services you are receiving will expire on 27-OCT-04. This quotation is provided pursuant to the terms and conditions of the license agreement that you executed when you acquired your licenses. In order to renew this support and to ensure that there is no interruption to your technical support service, please fax your purchase order or other acceptable form of payment covering the renewal amount as detailed on the attached quotation, to my attention, before 28-SEP-04. Please note that if your support is not renewed by the expiration date above, you may be subject to our reinstatement rules as contained in our Technical Support Policies. If the pre-tax value of this renewal is $2,000.00 or less, pre-payment in the form of a check or credit card must be received. Purchase orders are no longer accepted for these transactions. Your purchase order must include the following: Support Renewal 1877837 Term of Support 28-0CT-04 and 27-0CT-05 Local Tax Applicable tax will be included on your invoice. If your company is tax-exempt, a copy of your tax exemption certificate must be included with your purchase order. Unless otherwise specified in your ordering document, all fees payable to Oracle are due within 30 days from the invoice date. Oracle's technical support policies govern the terms of your technical support and are subject to change. The most current technical support policies can be found on the web at http://www.oracle.com/support. Also, as we start providing more information and notices via email, it is important that you provide updated email information to ensure that you will receive all communication and notices from us. I would like to take this opportunity to thank you for your continued business with Oracle. If you require further information, please do not hesitate to contact me at your earliest convenience. Regards, Sara Jordan sara.jordan@oracle.com Tel : 703 364 0017 Fax : 719 757 4303 Oracle Support Services THIS QUOTATION IS VALID FOR SIXTY DAYS FROM THE DATE OF ISSUANCE. Special Instructions : ORACL Page 2 of 4 Oracle Support Renewal Date : August 9, 2004 CITY OF DENTON Anthony Caranna* Tel 940-349-7249 Fax 940-349-8533 Support Renewal 1877837 Service Level: Software Updates Start Date: 28-OCT-2004 End Date: 27-OCT-2005 Na/ne System Name # Of Pricing License Qty users Type Level Final Price Internet 13995712 Developer Suite Named User Plus Perpetual Oracle 13995712 Database Enterprise Edition - Processor Perpetual Oracle 13995712 Database Enterprise Edition - Processor Perpetual FULL USE 1 450.00 FULL USE 1 6,000.00 FULL USE 1 18,000.00 Subtotal: 24,450.00 ORACL Page 3 of 4 Oracle Support Renewal Date : August 9, 2004 Service Level: Product Support Start Date: 28-OCT-2004 End Date: 27-OCT-2005 Na~%~ System Name # Of Pricing License Qty Final Price Users Type Level Internet 13995712 Developer Suite Named User Plus Perpetual Oracle 13995712 Database Enterprise Edition - Processor Perpetual Oracle 13995712 Database Enterprise Edition - Processor Perpetual FULL USE 1 210.00 FULL USE 1 2,800.00 FULL USE 1 8,400.00 Subtotal: Total Amount: 11,410.00 35,860.00 Plus Applicable Tax ORACL Customer Details Please verify and update the following information to enable us to provide an efficient and timely service to your company. Company Name : CITY OF DENTON For Quotation Contact : Anthony Caranna* Address : 901 B TEXAS STREET DENTON TX 76201 US Tel : 940-349-7249 Fax : 940-349-8533 eMail : anthony.caranna@cityofdenton.com For Invoice Contact : Payable, Accounts Address : 1439 North Great Neck Road Suite 201 VIRGINIA BEACH,VA 23454 Phone : Fax : A~tachment 2 OI ACL ' Oracle Corporation Sara Jordan 1900 Oracle Way Reston, VA 20190 ~lZppnrt $,lJ. CS [9[0 (.lmcl~ ~(/~' phc.mc l Vlr~.~n~'~ Dear Artene: Your firm has been selected as a vendor providing annual maintenance and continued vendor support of the Oracle Relational Database Management System and associated software modules. You have indicated to us that you are the only existing vendor of this/these commodities. Due to statutory requirements, unless you are the "single or sole source" of this/these commodities we must bid their procurement competitively, Single source, in this case, means that you are the only company that can supply us with this commodity. We are required to confirm this status with you. Please respond as necessary to the following questions[ and return this sheet to us via U.S. Mail or fax, Call - if you have any questions. 1. Are you~the sole or singte soume ,,}vendor for the commodities named above? v/Yes No 2. is there any other vendor that off~m this service? ..__Yes __¢__ No , If you are not the single soume vendor of this service please list the other vendors we need to contact for bids: If you answered questions above as a single source vendor ptease sign below to certify that you are the single source of this material and return to: Tom Shaw, Purchasing Agent 901 B Texas Street Denton, Texas 76209 Or Fax to (940) 349-7302 I certify that we are the sole sourc Signed:_ ~~ /L/ ¢- /- Print Name: c~¢f a c~l-orcJ e of the above listed commodity or commodities. (Company O~cJaJ) Date: ORDINANCE NO. AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF ANNUAL MAINTENANCE FOR CONTINUED VENDOR SUPPORT OF THE ORACLE RELATIONAL DATABASE SOFTWARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISION FOR STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (FILE 3228-PURCHASE OF SOFTWARE MAINTENANCE FOR ORACLE RELATIONAL DATABASE SOFTWARE AWARDED TO ORACLE CORPORATION IN THE AMOUNT OF $35,860). 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 1. That the following purchase of materials, equipment or supplies, as described in the "File Number" listed hereon, and on file in the office of the Purchasing Agent, and the license terms attached hereto are hereby approved: FILE NUMBER 3228 VENDOR Oracle Corporation AMOUNT $ 35,86O SECTION 2. 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 3. 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 4. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 4-ORD-File 3228 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET October 5, 2004 Materials Management Kathy DuBose ~ Questions concerning this acquisition may be directed to Alex Pettit at 349-8595 SUBJECT Consider adoption of an Ordinance awarding a comract for the purchase of cominued software license maimenance for the City of DeMon's Novell products and the acquisition of 150 Cliem, 65 GroupWise, 100 ZenWorks, 1000 File System Factory and 250 Nsure Identity Manager licenses including maimenance as approved by the State of Texas Building and Procuremem Commission Departmem of Information Resources (DIR); providing for the expenditure of funds therefore; and providing an effective date (File 3234-Annual Software License Maimenance for Novell Products and Acquisition of Additional Novell Licenses awarded to SHI-Governmem Solutions in the amoum of $107,079.33). FILE INFORMATION Novell applications and services are utilized to provide overall network and user security, to distribute applications and functions, and to control access to information and hardware. The Novell licensed products are Netware 6.5, Zenworks, Border Manager, Groupwise, Ichain, Secure Login, Novell Cluster Services, Novell Extend Director, File System Factory, and Nsure Idemity Manager used on desktops and servers throughout the City of Denton. Novell Zenworks allows the City of Denton to manage the entire lifecycle of desktops, laptops, servers and handheld devices. Through Policy-Driven Automation, ZENworks decreases administrative burdens and increases emerprise-wide business efficiency. ZENworks Desktop Management allows the City of Denton to automatically and transparently configure, update and troubleshoot workstations from wherever they are-inside or outside the firewall-without having to visit each device. Nsure Identity Manager and Secure Login are components of our security ID vault. They enable City of DeNon to manage the full user lifecycle, automating changes to user access rights, passwords and profiles, streamlining administration and simplifying password managemem. It is essemial for the City of DeNon to upkeep currem maimenance with the software vendor in order to ensure availability of upgrades, software fixes and access to knowledge and support resources. Agenda Information Sheet October 5, 2004 Page 2 RECOMMENDATION We recommend award of this item to SHI-Government Solutions in the amount of $107,079.33. PRINCIPAL PLACE OF BUSINESS SHI - Government Solutions Austin, Texas ESTIMATED SCHEDULE OF PROJECT Annual Novell software licenses and maintenance will cover FY 2004-05. FISCAL INFORMATION Funding for this item is budgeted in the FY 2004-05 Technology Services Operating Budget account 830500.6504. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Quote 1-AlS-File 3234 · D o o < ~ ZZZ.. ZZZ Om 13_1=1 w w O~W.~ W W C~ ¢ 13._ W LLI <a_~ W C~ ~ W W ~ ~ · Z W W ~ W C~ Z W C~ 13._ .a ~ ORDINANCE NO. AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF CONTINUED SOFTWARE LICENSE MAINTENANCE FOR THE CITY OF DENTON'S NOVELL PRODUCTS AND THE ACQUiSiTiON OF 150 CLIENT, 65 GROUPWiSE, 100 ZENWORKS, 1000 FILE SYSTEM FACTORY AND 250 NSURE IDENTITY MANAGER LICENSES iNCLUDING MAINTENANCE AS APPROVED BY THE STATE OF TEXAS BUiLDiNG AND PROCUREMENT COMMiSSiON DEPARTMENT OF INFORMATION RESOURCES (DiR); PROViDiNG FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROViDiNG AN EFFECTIVE DATE (FILE 3234-ANNUAL SOFTWARE LICENSE MAINTENANCE FOR NOVELL PRODUCTS AND ACQUISITION OF ADDITIONAL NOVELL LICENSES AWARDED TO SHi-GOVERNMENT SOLUTIONS iN THE AMOUNT OF $107,079.33). WHEREAS, pursuant to Resolution 92-019, the State Purchasing Building and Procurement Commission 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 on behalf of the City of DeNon; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipmem, supplies or services can be purchased bythe City through the Building and Procuremem Commission programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipmem, 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 purchase order for materials, equipmem, supplies, or services, shown in the "File Number" listed hereon, and on file in the office of the Purchasing Agem, are hereby approved: FILE NUMER VENDOR AMOUNT 3234 SHI-Governmem Solutions $107,079.33 SECTION 2. That by the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City accepts the offer of the persons submitting the bids to the Building and Procuremem Commission for such items and agrees to purchase the materials, equipmem, supplies or services in accordance with the terms, conditions, specifications, standards, quamities and for the specified sums comained in the bid documems and related documems filed with the Building and Procuremem Commission, and the purchase orders issued by the City. SECTION 3. That should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the Building and Procurement Commission, 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, speci- fications and standards contained in the Proposal submitted to the Building and Procurement Commission, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 4. That by the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved purchase orders 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 ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-File 3234 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET October 5, 2004 Materials Management Kathy DuBose ~ Questions concerning this acquisition may be directed to Alex Pettit at 349-8595 SUBJECT Consider adoption of an Ordinance awarding a comract for the purchase of cominued software license maimenance for the City of DeMon's Novell products and the acquisition of 150 Cliem, 65 GroupWise, 100 ZenWorks, 1000 File System Factory and 250 Nsure Identity Manager licenses including maimenance as approved by the State of Texas Building and Procuremem Commission Departmem of Information Resources (DIR); providing for the expenditure of funds therefore; and providing an effective date (File 3234-Annual Software License Maimenance for Novell Products and Acquisition of Additional Novell Licenses awarded to SHI-Governmem Solutions in the amoum of $107,079.33). FILE INFORMATION Novell applications and services are utilized to provide overall network and user security, to distribute applications and functions, and to control access to information and hardware. The Novell licensed products are Netware 6.5, Zenworks, Border Manager, Groupwise, Ichain, Secure Login, Novell Cluster Services, Novell Extend Director, File System Factory, and Nsure Idemity Manager used on desktops and servers throughout the City of Denton. Novell Zenworks allows the City of Denton to manage the entire lifecycle of desktops, laptops, servers and handheld devices. Through Policy-Driven Automation, ZENworks decreases administrative burdens and increases emerprise-wide business efficiency. ZENworks Desktop Management allows the City of Denton to automatically and transparently configure, update and troubleshoot workstations from wherever they are-inside or outside the firewall-without having to visit each device. Nsure Identity Manager and Secure Login are components of our security ID vault. They enable City of DeNon to manage the full user lifecycle, automating changes to user access rights, passwords and profiles, streamlining administration and simplifying password managemem. It is essemial for the City of DeNon to upkeep currem maimenance with the software vendor in order to ensure availability of upgrades, software fixes and access to knowledge and support resources. Agenda Information Sheet October 5, 2004 Page 2 RECOMMENDATION We recommend award of this item to SHI-Government Solutions in the amount of $107,079.33. PRINCIPAL PLACE OF BUSINESS SHI - Government Solutions Austin, Texas ESTIMATED SCHEDULE OF PROJECT Annual Novell software licenses and maintenance will cover FY 2004-05. FISCAL INFORMATION Funding for this item is budgeted in the FY 2004-05 Technology Services Operating Budget account 830500.6504. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Quote 1-AlS-File 3234 · D o o < ~ ZZZ.. ZZZ Om 13_1=1 w w O~W.~ W W C~ ¢ 13._ W LLI <a_~ W C~ ~ W W ~ ~ · Z W W ~ W C~ Z W C~ 13._ .a ~ ORDINANCE NO. AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF CONTINUED SOFTWARE LICENSE MAINTENANCE FOR THE CITY OF DENTON'S NOVELL PRODUCTS AND THE ACQUiSiTiON OF 150 CLIENT, 65 GROUPWiSE, 100 ZENWORKS, 1000 FILE SYSTEM FACTORY AND 250 NSURE IDENTITY MANAGER LICENSES iNCLUDING MAINTENANCE AS APPROVED BY THE STATE OF TEXAS BUiLDiNG AND PROCUREMENT COMMiSSiON DEPARTMENT OF INFORMATION RESOURCES (DiR); PROViDiNG FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROViDiNG AN EFFECTIVE DATE (FILE 3234-ANNUAL SOFTWARE LICENSE MAINTENANCE FOR NOVELL PRODUCTS AND ACQUISITION OF ADDITIONAL NOVELL LICENSES AWARDED TO SHi-GOVERNMENT SOLUTIONS iN THE AMOUNT OF $107,079.33). WHEREAS, pursuant to Resolution 92-019, the State Purchasing Building and Procurement Commission 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 on behalf of the City of DeNon; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipmem, supplies or services can be purchased bythe City through the Building and Procuremem Commission programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipmem, 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 purchase order for materials, equipmem, supplies, or services, shown in the "File Number" listed hereon, and on file in the office of the Purchasing Agem, are hereby approved: FILE NUMER VENDOR AMOUNT 3234 SHI-Governmem Solutions $107,079.33 SECTION 2. That by the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City accepts the offer of the persons submitting the bids to the Building and Procuremem Commission for such items and agrees to purchase the materials, equipmem, supplies or services in accordance with the terms, conditions, specifications, standards, quamities and for the specified sums comained in the bid documems and related documems filed with the Building and Procuremem Commission, and the purchase orders issued by the City. SECTION 3. That should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the Building and Procurement Commission, 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, speci- fications and standards contained in the Proposal submitted to the Building and Procurement Commission, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 4. That by the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved purchase orders 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 ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-File 3234 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET October 5, 2004 Materials Management Kathy DuBose ~ Questions concerning this acquisition may be directed to Alex Pettit at 349-8595 SUBJECT Consider adoption of an Ordinance awarding a contract for the purchase of annual maintenance for the Nortel phone system including 24 hours per day 7 days per week support on all equipment located in City of Denton facilities as awarded by the State of Texas Building and Procurement Commission through the Catalog Information Service Vendor (CISV) Catalog Program; providing for the expenditure of funds therefore; and providing an effective date (File 3236-Annual Maintenance for Nortel Phone System awarded to Verizon Southwest in the amount of $45,989.16). FILE INFORMATION The Nortel phone system provides mission critical support for all departments within the City including Police and Fire, Electric, Water, Solid Waste, Customer Service, Engineering, Library, City Manager's Office, Tax, Municipal Court, Facility Management and Finance. It is essential for the City of Denton to upkeep current maintenance with the vendor in order to ensure availability of upgrades, software fixes and access to knowledge and support resources. RECOMMENDATION We recommend award of this item to Verizon Southwest in the amount of $45,989.16. PRINCIPAL PLACE OF BUSINESS Verizon Southwest Dallas, Texas ESTIMATED SCHEDULE OF PROJECT Maintenance contract is scheduled for the term 2004 to 2005 budget year. FISCAL INFORMATION Funding for this purchase order is budgeted in the FY 2004-05 Technology Services operating budget account 830200.6504. Agenda Information Sheet October 5, 2004 Page 2 Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Quote and CISV Certification 1-AlS-File 3236 System AEreemen! Customer Name: DENTON CiTY HALL Customer ID: 20000002666 Proposal Number: 8-VZKSD Prepared By:. K]mberly Vamadoe Printed On: 05/26/2004 ['~1 THIS AGREEMENI IS MADE BETVVEEN Customer ($ubsequentJy referred to as 'Customer" ~ (Ve~zon EmY~y) {subseq~s~tly referred to as ~Verizon") CUSTOMER INFORMATION Customer Name DENTON C[TY HALL Customer ID 2000Q00266~ P~oposaJ Number 8-VZKSD Printed On 05~2~'2.00~t Prices Valid Th~u 08/24/2CO4 Prepared By Kimherly Varnadae BILLING INFORMATION Billing Contact John Dumel[ Telephone (g40) 349-7783 Address 215 E MC, KINNEY ST A'TTN: MANDY DENTON TX - 782014299 EQUIPMENT LOCATION Contact John Dumetl Telephone (g4.0) 349-7763 Address 2t5 MCKINNEY ST DENTON TX. 782014299 PR~)P~$ED BY VERIZCN Entity Verizon Central Acccunt Exectrlh~ Daniel Mende~ Telephone 972-719-3~.03 Me[ring Address /~EPAIR SERVICE INFQP, MATrON Repair Service Telephone (800) 483-2000 Response for Major Feilures 4 hrs C4Jstome~ Help Line S~tem Agreement Customer Name: DENTON CITY HALL Customer ID: 20000002666 Proposal Number: 8-VZKSD Prepared By:. Kimbedy Vamadoe Printed On: 05/26/2004 2 t MAINTENANCE COVERAGE AND PAYMENT OPTIONS Please select a Coverage Option by checking ~ appropriate box and circle the desired Billing option: VOICE Annual Semi-Annual QtJarlerty Mon~h;'y Year '~ $43,385.96 $22,12~'.84 $11,280.35 $3,S32.43 Contract Term - 12. month{s) Proposed Effective Date - 07/01/2004 Tt EQUIPMENT AND SERVICES COVERED I SYSTEM MATERIAL CoD'E .... QUANTITY 'DESCRIPTION COVERAGE 1 '811~$U 1 MERIDIAN 81 PABXSU AO *81,POR 777 MERIDIAN 81 PABX PORTS AO '81POR' 80 MERIDIAN 81' PABX PORTS AO 2 *61KSU "' 1 MERIDIAN61 PABXSU kO '61POR 437 MERIDIAN 81 PAi~X POINTS" AO 3 *VSIS~'R 1 VALCOM PAGING ....AO 349171 17 SPF_~KER 1-WAY CEILING 8' PLASTIC GRILLE AO 4 *,~IKSU 1 MERId'[N~I 51 PABX SU ,~O" ;~i POR 141 ME;RID[AN 51 PABX PORTS AO 5 *11KSU ...... 1 MERIDIAN 11 PABXSU AO *11POR 225 MERIDIAN 11 p,a~XPORTS AO *11POR '73 MERIDIAN 11 PABXPORTS AO ..... 110019 2 INFORTEX CALL ACCT. R~'I~ TABLE & SUB SVC AO B ~529 ' iL ' NORSTAR e~2¢ '" MC 330458 8 TEL SQUARE M7208 .... MC 4_ .[_ ' ATTACHMENTS Attachment: TE. RMS AND CONDITIONS Attachment: NIA Affachment: SERVICE PLAN DESCRIPTION Attachment: N/A Attachment: N/A Attachmenb N/'A Customer Name: DENTON CiTY HALL Customer ID: 200000{32666 Proposal Number: 8-VZKSD Prepared By: Klmberly Vamados Printed On; 05/26/2004 S. ,ystem Agreement 5 I AGREEMENT V~riz~n Sells and Cus~3mer purchases the Warranty and MaI~tenance Services sl~own on page ! and desctibed more fully on sb b&~:luent pages and referanced attachments. This Agreement includes importsnt p~ovision$ concerning Limitations of Liability warranties, an= [respons~iiities for Long Distance. Toll, and ether telecommunications charges incun'ed through use ef the System. A AGREED TO BY CUSTOMER Signature B ACO-~ i ~u BY VERIZON Signature Printed Name Printed Name 'Ti~e TitJe Date Dale ' After acceptance VERIZON will retur~ a copy Of (tis "Please DO NOT SEND PAYMENT w~th this Agreement. You wUI be Agreement to you for your files. Invoiced after this Agreement has been accepted by' VE RIZON. RETURN SIGNED AGREEMENT TO Verizon Central VER[ZON 15 A CERTtFI ED QI SV/CISV Vendor. VI D# 1750573444600 Pricing is et or below QISVtCISV catalo~ pricing ORDINANCE NO. AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF ANNUAL MAINTENANCE FOR THE NORTEL PHONE SYSTEM INCLUDING 24 HOURS PER DAY 7 DAYS PER WEEK SUPPORT ON ALL EQUIPMENT LOCATED IN CITY OF DENTON FACILITIES AS AWARDED BY THE STATE OF TEXAS BUILDING AND PROCUREMENT COMMISSION THROUGH THE CATALOG INFORMATION SERVICE VENDOR (CISV) CATALOG PROGRAM; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (FILE 3236-ANNUAL MAINTENANCE FOR NORTEL PHONE SYSTEM AWARDED TO VERIZON SOUTHWEST IN THE AMOUNT OF $45,989.16). WHEREAS, the City Council of the City of Denton has heretofore adopted Resolution 92- 019 pursuant to Section 2157.067 of the Texas Government Code and Sections 271.082 and 271.083 of the Texas Local Government Code which authorizes the City to participate in the State Purchasing Building and Procurement Commission Information Service Vendor Catalog Purchase Method provided for in Subchapter B of Chapter 2157 of the Texas Government Code (the "CISV Catalog"); and WHEREAS, the herein described vendor is a qualified vendor in the CISV Catalog and the contract authorized by this ordinance is in the best interests of the City and complies with the requirements of Subchapter B of Chapter 2157 of the Texas Government Code as a CISV Catalog purchase; 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. The numbered items in the following numbered purchase order for materials, equipment, supplies, or services, shown in the "File Number" listed hereon, and on file in the office of the Purchasing Agent, are hereby approved: FILE NUMBER VENDOR AMOUNT 3236 Verizon Southwest $45,989.16 SECTION 2. By the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City accepts the offer of the persons submitting the bids to the Building and Procurement Commission for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the Building and Procurement Commission, and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the Building and Procurement Commission, 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 and standards contained in the Proposal submitted to the Building and Procurement Commission, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the above numbered items set forth in the subject purchase orders, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved purchase orders or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of ,2004. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-File 3236 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET October 5, 2004 Materials Management Kathy DuBose ~ Questions concerning this acquisition may be directed to Alex Pettit at 349-8595 SUBJECT Consider adoption of an Ordinance awarding a comract for the purchase of annual maimenance for the City of DeNon Cisco networked devices (Smartnet) including switches, hubs, routers, and Cisco IP phone equipmem including 24 hour/7 days per week Technical Assistance Cemer (TAC) support on all equipmem located in City of DeNon facilities as awarded by the State of Texas Building and Procuremem Commission through the Catalog Information Service Vendor (CISV) Catalog Program; providing for the expenditure of funds therefore; and providing an effective date (File 3233-Annual Maimenance for Cisco Networked Devices awarded to ImerNetwork Experts in the amoum of $109,084). FILE INFORMATION The Cisco network provides mission critical support pathways for all departments using phone and data services including Police and Fire, Electric, Water, Solid Waste, Customer Service, Engineering, Library, City Manager's Office, Tax, Municipal Court, Facilities Management and Finance. It is essential for the City of Denton to upkeep current maintenance with the vendor in order to ensure availability of upgrades, software fixes and access to knowledge and support resources. RECOMMENDATION We recommend award of this item to InterNetwork Experts in the amount of $109,084. PRINCIPAL PLACE OF BUSINESS ImerNetwork Experts Lewisville, Texas ESTIMATED SCHEDULE OF PROJECT Maimenance comract schedule coverage begins December 1, 2004 and ends on November 30, 2005. Agenda Information Sheet October 5, 2004 Page 2 FISCAL INFORMATION Funding for this item is budgeted in the FY 2004-05 Technology Services operating budget account 830200.6504. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Quote and CISV Certification 1-AlS-File 3233 Z ORDINANCE NO. AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF ANNUAL MAINTENANCE FOR THE CITY OF DENTON CISCO NETWORKED DEVICES (SMARTNET) INCLUDING SWITCHES, HUBS, ROUTERS, AND CISCO IP PHONE EQUIPMENT INCLUDING 24 HOUR/7 DAYS PER WEEK TECHNICAL ASSISTANCE CENTER (TAC) SUPPORT ON ALL EQUIPMENT LOCATED IN CITY OF DENTON FACILITIES AS AWARDED BY THE STATE OF TEXAS BUILDING AND PROCUREMENT COMMISSION THROUGH THE CATALOG iNFORMATION SERVICE VENDOR (CISV) CATALOG PROGRAM; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (FILE 3233-ANNUAL MAINTENANCE FOR CISCO NETWORKED DEVICES AWARDED TO INTERNETWORK EXPERTS IN THE AMOUNT OF $109,084). WHEREAS, the City Council of the City of Denton has heretofore adopted Resolution 92- 019 pursuant to Section 2157.067 of the Texas Government Code and Sections 271.082 and 271.083 of the Texas Local Government Code which authorizes the City to participate in the State Purchasing Building and Procurement Commission Information Service Vendor Catalog Purchase Method provided for in Subchapter B of Chapter 2157 of the Texas Government Code (the "CISV Catalog"); and WHEREAS, the herein described vendor is a qualified vendor in the CISV Catalog and the contract authorized by this ordinance is in the best interests of the City and complies with the requirements of Subchapter B of Chapter 2157 of the Texas Government Code as a CISV Catalog purchase; 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. The numbered items in the following numbered purchase order for materials, equipment, supplies, or services, shown in the "File Number" listed hereon, and on file in the office of the Purchasing Agent, are hereby approved: FILE NUMBER VENDOR AMOUNT 3233 InterNetwork Exports $109,084 SECTION 2. By the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City accepts the offer of the persons submitting the bids to the Building and Procurement Commission for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the Building and Procurement Commission, and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the Building and Procurement Commission, 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 and standards contained in the Proposal submitted to the Building and Procurement Commission, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the above numbered items set forth in the subject purchase orders, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved purchase orders or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of ,2004. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET October 5, 2004 Materials Management Kathy DuBose ~ Questions concerning this acquisition may be directed to Alex Pettit at 349-8595 SUBJECT Consider adoption of an Ordinance accepting competitive bids by way of an Imerlocal Agreement with Tarrant County and awarding a contract for the purchase of cellular phone services; providing for the expenditure of funds therefore; and providing an effective date (File 3232-Interlocal Agreement with Tarrant County for the purchase of cellular phone services, comract awarded to Progressive Concepts, Inc. in the estimated amoum of $185,000). FILE INFORMATION Council approved an Imerlocal Agreemem for Cooperative Purchasing on June 16, 1998 with Tarrant County allowing the City of Denton to participate in Tarrant County contracts for the supply of goods and services. Tan'am Coumy Commissioners Court awarded a comract for cellular telephone service in April 2002 to Progressive Concepts, Inc. The comract terms are in effect through April 2006. Six qualified service providers responded to their request. Bids were evaluated and awarded to Progressive Concepts, Inc. The City of Garland, City of Carrollton, City of Fort Worth, DFW Airport and Demon Coumy are some of the entities currently participating in this Agreement. Council approved a contract with Progressive Concepts on August 19, 2003 allowing the City of Denton to participate in the Tarrant County contract. Cellular phone usage is audited annually, and rate plans are adjusted to ensure the best match between specific usage and subscription plans available. PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS) · City Council approved a contract with Progressive Concepts on August 19, 2003. · City Council approved an Interlocal Agreement with Tarrant County on June 16, 1998. · Tarrant County Commissioners Court approved a contract with Progressive Concepts, Inc. for cellular service on April 9, 2002. Agenda Information Sheet October 5, 2004 Page 2 RECOMMENDATION We recommend award of this item to Progressive Concepts, Inc. in the estimated amount of $185,000. PRINCIPAL PLACE OF BUSINESS Progressive Concepts, Inc. Fort Worth, TX ESTIMATED SCHEDULE OF PROJECT Currently we have approximately 285 phones and cellular service is a major contributor to our communication efforts. Additional units can be added at any time. Cellular phone usage is audited annually, and rate plans are adjusted to ensure the best match between specific usage and subscription plans available. FISCAL INFORMATION The division to which each phone is assigned pays the cost of each cellular phone. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AlS-File 3232 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN INTERLOCAL AGREEMENT WITH TARRANT COUNTY AND AWARDING A CONTRACT FOR THE PURCHASE OF CELLULAR PHONE SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (FILE 3232-INTERLOCAL AGREEMENT WITH TARRANT COUNTY FOR THE PURCHASE OF CELLULAR PHONE SERVICES, CONTRACT AWARDED TO PROGRESSIVE CONCEPTS, INC. IN THE ESTIMATED AMOUNT OF $185,000). WHEREAS, pursuant to Ordinance 2001-001, Tarrant County, Texas has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedure of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies or services can be purchased by the City through the Tarrant County Cooperative Purchasing programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the numbered items in the following numbered purchase order for materials, equipment, supplies, or services, shown in the "Purchase Orders" listed hereon, and on file in the office of the Purchasing Agent are hereby accepted and approved as being the lowest responsible bids for such items: FILE NUMBER VENDOR AMOUNT 3232 Progressive Concepts, Inc. See Exhibit A SECTION 2. That by the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City accepts the offer of the persons submitting the bids to Tarrant County for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with Tarrant County (Bid 2001-001), and the purchase orders issued by the City. SECTION 3. That should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the Tarrant County, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the Tarrant County, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 4. That by the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approval purchase orders or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD- FILE 3232 .. ]:RFO 2002'075 ANNUAL'al'O, ,,N,,TRACT CELLUI~"TELEPHONE AIRTIME SERVILE BID PROPOSAL PAGE The County currently has approximately 570 phones and request bids for throe rate plans only. Additional plans may be requested as previously stated. Quantities are best estimates and are wil[ onty be used to calculate best overall bid/offer. Rata Plan #~1 FLAT Flat Rate - Unlimited Usage Anytime Long Distance minutes included in Flat Rate (286 phones) ..... $62 per month 200 minutes Rate Plan #2. ~ MONTHLY AND HOURLY Monthly and Hourly - Low Usage Plan " Monthly Rate - Fixed Per Minute Rate- Fixed, Peak Per Minute Rate - Fixed, After Week Days,'Off Peak (205 phones) 2.~ per month .20 per minute .02 per minute Rate Plan #3 MONTHLY WITH LIMITED MINUTES Monthly Rate - Includes 250 Minutes .Maximum Usage Per minute rate in excess of 250 Minutes (79 phones) 25.50 per month .40 per minute ,Roaming *See Addendum Part 3 * per. Long Distance (Explain): *See Addendum Part 3 Peak is considered week days, Monday through Friday, 7:00 A.M. to 8:00 P.M. 15 Additional Rate Plans cing.u.J. .r' Licensed Wireless Provider Published RateI ~arrantCounty included NightS an~' - Plan Discount Minutes Weekends Out of Plan Minutes · $29.99 $25.49 ,.. 250 ....... '" 35~,~ .... $0.40 $39.99 ":$33.99 ,,. 350 ,.. 3500 $0r40 $49.99" $~2.49 500 3500 ..... $0~35 $69.99 $5~.49 850 3500 $0.35 - $99.99 $84.99 ..,1200 '3500 ",.,, $0.35 ,.. $149.99 '~'127.~9 20~0 3~00 $0.30 $199.9~' ; _$169.~ 3000 ..... 3500 ,,_ $0.25 Rates Include Roaming and 'Long Distance Nights Start at 9:00 P.M. until 6:59 A.M, Monday thru Friday. Weekends Start at 9:00 P.M. Friday until 6:59 A.M. Monday Additional wireless Phone Pricing Model PhOne N~w Activation " Up_grade" Eq,uiPm~nt O..nly N0kia 5165 No Cost $25 $140 Nokia 3360 ~;50 $50 , $170 Nokia 8~60 " .$129 ,.. "- $129'" .. $275 Motorola s~ar Tac Digital $75 $!,..0,0 $210 Miscellaneous Parts - Manu'~acture,s .' Parts Part Generic _ Nokia DC Cord $20 $1~' "Nokia Carry Case $12 $8 "'Nokia .Headset $20 .. $.,.12 Motorola DC Cord $20 $12 '"Motorola Carry,Case $!,,,,2. ,, $8 Motorola Head Set $20 .... ,$12 CORPORATE OFFICE - CUSTOMER CARE DEPARTMENT 5718 AIRPORT FREEWAY, FORT WORTH, TEXAS 76117 METRO (817) 654-6600 OR 800-226~4295 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET October 5, 2004 Materials Management Questions concerning this acquisition may be directed to Bruce Henington 349-7200 Kathy DuBose ~[b SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a comract for the purchase of Janitorial Services for various City Departmems; providing for the expenditure of funds therefore; and providing an effective date (Bid 3205-Janitorial Services awarded to AHi Facility Service, inc. dba American Housekeeping, inc. in the amoum of $363,998.62). BID INFORMATION This bid is for the annual comract to supply Janitorial Services, paper goods, soaps and other cleaning supplies and services to the following City of DeNon buildings and offices: Airport Terminal Airport Tower Animal Comrol City Hall in the Mall City Hall City Hall City Hall City Hall City Hall City Hall City Hall East - Customer Service/Tax East - Engineering East - Human Resources East - Municipal Court East - Police East - Technology Services City Hall West Denia Rec. Center Electric Substation Emily Fowler Library Facilities Management Fire Central Fleet Services Goldfield Tennis Cemer MLK, Jr. Rec. Center North Branch Library North Lakes Annex North Lakes Rec. Center Owsley Police Community Cemer Senior Center Service Center - Nurses Facility Service Cemer - Purchasing Service Center - Utilities Solid Waste South Branch Library Traffic Control RECOMMENDATION We recommend this bid be awarded to the lowest responsible bidder, AHi Facility Services, Inc. dba American Housekeeping, inc. in the amoum of $363,998.62 per year. Agenda Information Sheet October 5, 2004 Page 2 PRINCIPAL PLACE OF BUSINESS AHI Facility Services, Inc. dba American Housekeeping, Inc. Dallas, TX ESTIMATED SCHEDULE OF PROJECT This contract will be in effect from October 1, 2004 through September 30, 2005 and may be extended for three additional one-year terms. FISCAL INFORMATION This service contract will be funded from the following 2004-05 accounts: 230001.7869 660001.6512 630800.7869 600200.7869.5880 600300.7869.5880 600400.7869.5820 600600.7869.5860 600600.7869.9020 $329,326.94 $19,166.14 $2,065.66 $3,359.97 $3,359.97 $3,359.97 $1,679.99 $1,679.98 Facilities Management Solid Waste City Hall in the Mall Electric Substation Electric Substation Electric Substation Electric Substation Electric Substation Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet 1-AIS-Bid 3205 Z 'E 143 ¢D 0 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF JANITORIAL SERVICES FOR VARIOUS CITY DEPARTMENTS; PROViDiNG FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROViDiNG AN EFFECTIVE DATE (BID 3205-JANITORIAL SERVICES AWARDED TO AHi FACILITY SERVICE, INC. DBA AMERICAN HOUSEKEEPING, iNC. iN THE AMOUNT OF $363,998.62). 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 3205 AHi Facility, inc. dba American Housekeeping inc. $363,998.62 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 on file in the office of the Purchasing Agent; 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 ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Bid # 3205 Exhibit A Opens: September 14, 2004 Annual Contract for Janitorial Services ~AHI Facility Services ~ Inc. (dba)American ~ _Housekeep.ng, .nc PRINCIPAL PLACE OF BUSINESS: Dallas, TX SECTION I City Hall Cleaning (Mon-Fri)after 10:00 p.m. 215 E. McKinney St. $ 29,922.01 Carpet Cleaning at above building - Two (2) I 2/year times a year (Dec. & July), after hours. $ 657.30 ~ Paper towels, toilet paper and hand soap for 112 mos. above building. $ 3,360.00 ~ City Hall West Cleaning (Mon-Fri) after 6:00 112 mos. p.m. 221 N. Elm St. $ 14,029.86 ~ Carpet Cleaning at above building - Two (2) I 2/year times a year (Dec. & July), after hours. $ 352.12 ~ Paper towels, toilet paper and hand soap for 112 mos. above building. $ 1,440.00 ~ City Hall in the Mall Cleaning (Tues-Fri) after 7 I 12 mos. pm 2201 1-35 $ 1,825.66 ~ Carpet Cleaning at above building - Two (2) I 2/year times a year (Dec. & July), after hours. $ 72.00 ~ Paper towels, toilet paper and hand soap for 112 mos. above building. $ 168.00 ~ South Branch Library Cleaning (TThFSSun) ~ after 6:00 p.m., (MW) after 9:00 p.m. 3228 112 mos. Teasley $ 9,129.52 ~ Carpet Cleaning at above building - Two (2) I 2/year times a year (Dec. & July), after hours. $ 713.00 ~ Paper towels, toilet paper and hand soap for I above building. $ 1,680.00 ~ Emily Fowler Library Cleaning (MWFSSun) ~ after 6:00 p.m., (TTh) after 9:00 p.m. 502 112 mos. Oakland St. $ 18,259.16 ~ Carpet Cleaning at above building - Two (2) I 2/year times a year (Dec. & July), after hours. $ 620.00 ~ Paper towels, toilet paper and hand soap for 112 mos. above building. $ 1,680.00 ~ North Branch Library Cleaning (M-Th) after 6 112 mos. pm, (F-Sun)after 6 pm 3020 N. Locust $ 33,320.62 ~ Carpet Cleaning at above building - Two (2) I 2/year times a year (Dec. & July), after hours. $ 800.00 ~ Paper towels, toilet paper and hand soap for ~ above building. *Note: Glass walls to be 112 mos. cleaned daily $ 2,425.00 ~ Facilities Management Cleaning (M-F) after 112 mos. 5:00 pm 604 E. Hickory $ 2,055.92 ~ Carpet Cleaning at above building - Two (2) I 2/year times a year (Dec. & July), after hours. $ 75.12 ~ Paper towels, toilet paper and hand soap for I 12 mos. above building. $ 440.00 ~ Owsley Police Community Office Cleaning (M- I 12 mos. F) after 6:00pm 2535 Charlotte St. $ 1,485.08 ~AHI Facility Services ~ Inc. (dba)American ~ Housekeeplng, lnc Carpet Cleaning at above building - Two (2) I 2/year times a year (Dec. & July), after hours. $ 75.12 Paper towels, toilet paper and hand soap for 12 mos. above building. $ 440.00 ~ CITY HALL EAST COMPLEX 601 E. HICKORY ST. City Hall East/Human Resources Cleaning (M- i 12 mos. F) after 6:00 p.m. $ 6,680.34 ~ Carpet Cleaning at above building - Two (2) I 2/year times a year (Dec. & July), after hours. $ 112.68 ~ Paper towels, toilet paper and hand soap for 12 mos. above building. $ 440.00 ~ City Hall East/Technology Services Cleaning I 12 mos. (M-F) after 6:00 p.m. $ 4,637.64 ~ Carpet Cleaning at above building - Two (2) I 2/year times a year (Dec. & July), after hours. $ 507.06 ~ Paper towels, toilet paper and hand soap for above building. $ 540.00 ~ City Hall East/Municipal Court Cleaning (M-F) 112 mos. after 6:00 pm $ 8,819.54 ~ Carpet Cleaning at above building - Two (2) I 2/year times a year (Dec. & July) after hours. $ 140.85 ~ Paper towel, toilet paper and hand soap for 112 mos. above building. $ 440.00 ~ City Hall East/Customer Service/Tax Cleaning I 12 mos. (M-F) after 6:00 p.m. $ 9,946.34 ~ Carpet Cleaning at above building - Two (2) I 2/year times a year (Dec. & July), after hours. $ 394.38 ~ Paper towels, toilet paper and hand soap for 12 mos. above building. $ 440.00 ~ City Hall East/Police Dept. Cleaning (M-Sun) ~ Two people each for five (5) hours per day, from I 12 mos. 7:00 am to 12:00 pm $ 32,802.57 ~ Carpet Cleaning at above building - Two (2) I 2/year times a year (Dec. & July), after hours. $ 281.70 ~ Paper towels, toilet paper and hand soap for 12 mos. above building. $ 2,300.00 ~ City Hall East/Police Dept. Floor Work: One ~ (1) person for five (5) hours per day. 5-10 p.m. 12 mos. M-F $ 17,580.07 ~ Sweep and mop all VCT, ceramic tile and ~ restrooms daily, spray buff daily. ~ City Hall East/Engineering:(Mon-Fri) after 112 mos. 6:00pm $ 9,738.34 ~ Carpet Cleaning at above building - Two (2) I 2/year times a year (Dec. & July), after hours. $ 300.00 ~ Paper towels, toilet paper and hand soap for 112 mos. above building $ 208.00 SECTION II ~ Animal Control OFFICE CLEANING ONLY, 12 mos. (Mon-Fri) after 6:00 p.m. $ 1,306.75 ~ Carpet Cleaning at above building - Two (2) I 2/year times a year (Dec. & July), after hours. $ 75.12 ~AHI Facility Services ~ Inc. (dba)American ~ _Housekeeping, Inc Paper towels, toilet paper and hand soap for above building. $ 360.00 SERVICE CENTER Traffic Control Cleaning (M-F) after 5:00 p.m. 801 Texas St. $ 1,453.45 Carpet Cleaning at above building - Two (2) I 2/year times a year (Dec. & July), after hours. $ - ~ Paper towels, toilet paper and hand soap for 112 mos. above building. $ 180.00 ~ Fleet Services Cleaning (M-F) after 5:00 p.m. I 12 mos. 801 Texas St. $ 1,779.06 ~ Carpet Cleaning at above building - Two (2) I 2/year times a year (Dec. & July), after hours. $ 37.56 ~ Paper towels, toilet paper and hand soap for 112 mos. above building. $ 440.00 ~ Service Center/Nurse Trailer Cleaning (TTh) I 12 mos. after 5 p.m. $ 3,412.59 ~ Carpet Cleaning at above building - Two (2) I 2/year times a year (Dec. & July), after hours. $ 75.12 ~ Paper towels, toilet paper and hand soap for 12 mos. above building. $ 420.00 ~ Service Center/Purchasing & Warehouse ~ Cleaning (M-F) 11:30 a.m. - 1:00 p.m. 901-B I 12 mos. Texas St. $ 8,312.34 ~ Carpet Cleaning at above building - Two (2) I 2/year times a year (Dec. & July), after hours. $ 46.95 ~ Paper towels, toilet paper and hand soap for 112 mos. above building. $ 300.00 ~ Service Center/Utilities Cleaning (M-F) after I 12 mos. 5:00 p.m. 901-A Texas St. $ 3,579.66 ~ Carpet Cleaning at above building - Two (2) I 2/year times a year (Dec. & July), after hours. $ 328.65 ~ Paper towels, toilet paper and hand soap for 12 mos. above building. $ 1,440.00 ~ RECREATION CENTERS ~ North Lakes Rec. Center Cleaning (M-Sat) after ~ 10 p.m. and (SUN)after 7:00 p.m. 2001 W. I 12 mos. Windsor Dr. $ 14,503.57 ~ Carpet Cleaning at above building - Two (2) I 2/year times a year (Dec. & July), after hours. $ 140.85 ~ Paper towels, toilet paper and hand soap for 112 mos. above building. $ 1,680.00 ~ North Lakes Annex Cleaning (M-F) after 5 p.m. 112 mos. 1117 Riney Rd. $ 6,327.70 ~ Carpet Cleaning at above building - Two (2) I 2/year times a year (Dec. & July), after hours $ 208.00 ~ Paper towels, toilet paper and hand soap for 12 mos. above building. $ 630.00 ~ Denia Rec. Center Cleaning (M-F) after 10:00 I 12 mos. p.m. and (Sat.) after 3:30 p.m. 1001 Parvin Road $ 14,503.57 ~ Carpet Cleaning at above building - Two (2) I 2/year times a year (Dec. & July), after hours. $ 244.14 AHI Facility Services Inc. (dba)American Housekeeping, Inc. Paper towels, toilet paper and hand soap for 12 mos. above building. $ 1,680.00 Senior Center Cleaning (M-F) after 10 p.m. & (Sun) after 3:30 p.m.(M-F) 1-2 p.m. (special cleaning after Arts & Jazz Festival) 509 N. Bell 12 mos. Ave. $ 16,396.29 Carpet Cleaning at above building - Two (2) 2/year times a year (Dec. & July), after hours. $ 258.22 Paper towels, toilet paper and hand soap for 12 mos. above building. $ 1,608.00 Tennis Center Cleaning (M-F) after 10 p.m. and 12 mos. (SUN) after 3:30 p.m. 2005 W. Windsor $ 4,117.32 Carpet Cleaning at above building - Two (2) 2/year times a year (Dec. & July), after hours. $ - Paper towels, toilet paper and hand soap for 12 mos. above building. $ 480.00 MLK, Jr. Rec. Center Cleaning (M-F) after 10 ).m. and (SUN) after 3:30 p.m. 1300 Wilson St. 12 mos. $ 16,480.09 Carpet Cleaning at above building - Two (2) times a year (Dec. & July), after hours 2/year $ 112.68 Paper towers, toilet paper and hand soap for above building. 12 mos. $ 1,920.00 Electric Substation Cleaning (M-F) after 5 p.m. 12 mos. )encer Rd. $ 2,600.50 2/year 12 mos. 12 mos. Carpet Cleaning at above building - Two (2) Dec. & Jul' after hours. Paper towers, toilet paper and hand soap for above Fire Station 1 Cleaning (M-F) after 6 p.m. 332 E. Street $ 120.00 $ 11,221.66 Carpet Cleaning at above building - Two (2) 2/year times a year (Dec. & July), after hours $ 54.00 12 mos. 12 mos. 2/year 2/year 12 mos. 12 mos. 2/year 12 mos. 12 mos. 2/year 4/year 12 mos. Paper towels, toilet paper and hand soap for above buildinq. $ Solid Waste Building Cleaning (M-F) after 6 ).m. 1527 S. Mayhill Rd. $ 630.00 13,500.46 Carpet Cleaning at above building - Two (2) Dec. & Jul' after hours $ 2,240.04 extra car cleanin( ear $ 2,240.04 Paper towels, toilet paper and hand soap for above $ 1,185.60 Airport Terminal Building Cleaning (TTh) after ).m., before 8 p.m. $ 1,787.52 Carpet Cleaning at above Dec. & Jul' Paper towels, toilet paper above building - Two (2) after hours and hand soap for $ 126.00 Air Traffic Control Tower Cleaning (TTh) after ).m., before 8 p.m. 5003 Airport Road $ 1,787.52 Carpet Cleaning at above building - Two (2) Dec. & Jul' after hours Window cleaning (Tower CAB) at above building 10/15, 1/15.4/15 and 7/15) Paper towels, toilet paper and hand soap for above $ 38.60 $ 168.00 $ 126.00 ~AHI Facility Services ~ Inc. (dba)American ~ _Housekeeping, Inc City Hall East Restrooms Lunchtime Cleaning - Two (2) restrooms cleaned & stocked (M-F) 11 a.m.- 12 p.m. $ - Cleaning Supervisor (M-F) as needed. Estimated Worker Hours per week: 30 $ - Night Time Floor Workers. Three (3) people each for five (5) hours per day. 5-10 p.m. (M-F) for a total of 15 hours per day. $ _ TOTAL BID $ 363,998.62 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: October 5, 2004 Materials Management Questions concerning this acquisition may be directed to Mark Nelson 349-7702 ACM: Kathy DuBose g'>~ SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a contract for the lease of agricultural land at the Municipal Airport; providing an effective date (Bid 3216-Lease of Agricultural Land at Municipal Airport awarded to Larry Downe in the amount of $5500 per year for a total of $27,500 over a five year period). BID INFORMATION: This bid is for the agricultural lease of approximately 250 acres at the Municipal Airport. The lease is for one year and can be extended for four additional one-year periods. The land can be used for cultivation of seasonal crops only. No livestock will be allowed. The agricultural land is primarily on the west side of, and at each end of the runway. RECOMMENDATION We recommend this bid be awarded to the highest bidder, Larry Downe, in the amount of $22.00 per acre per year or $5,500 per year. PRINCIPAL PLACE OF BUSINESS Larry Downe Gainesville, TX ESTIMATED SCHEDULE OF PROJECT This annual lease will run from October 5, 2004 through October 4, 2005. The lease amount is payable in two installments due on October 15, 2004 and April 1, 2005. The lease can also be extended for four additional one-year periods. FISCAL INFORMATION This lease will generate $5,500 per year or $27,500 over the five applicable years. Payments will be deposited in a General Fund Revenue Account 1000.4460.0003 (Airport Miscellaneous Revenues). Agenda Information Sheet October 5, 2004 Page 2 Attachment 1: Tabulation Sheet 1-AlS-Bid 3216 Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1 Bid # 3216 Date: September 14, 2004 Lease of Agricultural Land at Municipal Airport Bagley Farms Larry Downe I Principle Place of Business: Krum, TX Gainesville, TX I Lease of land for agricultural I purposes I 1. This. le.a.s,e is.!or a .one-year. agreement with options to renew for $20 02/$5,005 00 $22 00/$5,500 00 I fa°gurre ~) ean(~d~ ~)nn a°lP°~ 'n°en-Sy ~ rr ~ ~remwsr~rs .... J per contract terms & conditions. ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE LEASE OF AGRICULTURAL LAND AT THE MUNICIPAL AIRPORT; PROVIDING AN EFFECTIVE DATE (BID 3216-LEASE OF AGRICULTURAL LAND AT MUNICIPAL AIRPORT AWARDED TO LARRY DOWNE IN THE AMOUNT OF $5500 PER YEAR FOR A TOTAL OF $27,500 OVER A FIVE YEAR PERIOD). WHEREAS, the City of Denton has certain property located at the Denton Municipal Airport, Denton, Texas; and WHEREAS, the City of Denton desires to lease the property for agricultural purposes to Larry Downe in return for the payment of annual rent in the sum of Twenty Two dollars and no cents ($22.00) per acre for approximately 250 acres; and WHEREAS, Larry Downe, desires to lease the land at the airport for agricultural purposes and agrees to pay to the City the requested rent; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Manager or his designee is hereby authorized to execute a lease agreement between the City of Denton and Larry Downe, a copy of which is attached hereto and incorporated by reference herein. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of__, 2004. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: AGRICULTURAL LEASE BETWEEN THE CITY OF DENTON AND By this Lease, entered into the 15th day of October, 2004, the City of Denton, Texas, herein called LESSOR devises and lets Larry Downe, herein called LESSEE, the right and privilege to use for agricultural purposes and for no other purposes, except as authorized herein, the following real property located in the County of Demon, State of Texas, described as follows: Approximately 250 acres of land at the Demon Municipal Airport, which is surplus to Airport needs, for agricultural purposes, as designated in the shaded portions on attached Exhibit A, which is incorporated herein. 1. The term of this Lease shall be for a period of one year beginning on the 5th day of October, 2004, and ending October 4, 2005. LESSEE shall have the right to renew the Lease for up to four additional one-year terms. If LESSEE desires to renew the Lease, LESSEE shall file with LESSOR written notice of its imem to renew for each additional one-year term not less than sixty days (60) prior to the end of the term of this Lease. LESSOR shall have the right to adjust the compensation LESSEE is required to pay, as set forth in Section 3 hereof, if LESSOR'S consultation with the Denton County Agricultural Extension Office reveals that the average rental price of farm land in Demon County has increased by more than five percem (5%) over the rem provided in Section 3. LESSOR shall notify LESSEE in writing of any adjustmem in the remal within 30 days of receipt of notice from LESSEE. 2. LESSEE agrees to deliver possession of said land and premises to LESSOR on October 5, 2004. 3. LESSEE agrees to pay LESSOR in cash and as partial remal for the above-described property, the sum of Five Thousand, Five Hundred ($5,500.00) Dollars, which is $22.00 per acre for 250 acres of land per year. This remal shall be payable in two (2) semi-yearly installmems of Two Thousand, Seven Hundred, Fifty ($2,750.00) Dollars each, the first installmem to be paid on or before October 15th of each year, commencing October 15, 2004, and the second installmem to be paid on or before April 1st of each year of the term of this Lease. In addition to such cash paymem, LESSEE agrees to perform the following services for LESSOR as consideration for the Lease of said property, to-wit: A. To smooth rough land areas that are within the shaded portions on Exhibit A. B. To remove trees and stumps that are within the shaded portions on Exhibit A. C. To call to the attemion of the City's Administrative Assistam potemial erosion areas on the Leased premises and the areas that are to be mowed. D. To back furrow or mow a distance often (10) feet from all fences in order to keep grass and other vegetation from becoming a fire hazard. 4. Land Area Available: (See Exhibit A attached). Approximately 250 acres of land is available for agricultural usage LESSEE as follows: A. Approximately 245 acres of usable land on the west side of the Airport. Also approximately 5 acres of usable land on the northwest side of I.L.S. Clear Zone west of Masch Branch Road. B. Airport Clear Zones: 1. Airport Clear Zones are land areas along the runway that must be clear of crops and be maintained in such a way as to be smooth with no holes or large rocks in the area. Airport Clear Zones are reflected on the attached Exhibit B. The distance requirements for Airport Clear Zones Are: a. 250 feet either side of the runway center line. b. 1000 feet to the south of the end of the Runway 17. c. 1000 feet to the north of the end of Runway 35. 2. Acres along the taxiway must be clear and unobstructed for a distance of 75 feet from the center of the taxiway. 3. The infield area between the runway and taxiway system cannot be utilized for agricultural purposes. 4. Crops grown at the Leased premises are restricted by the following conditions: a. Tall standing crops, over three feet in height, may not be grown within 250 feet of the runway on the west side of the Airport. b. Crops may not be grown between the runway and the taxiway system. c. Crops may not be grown next to or in the vicinity of any FAA navigational unit or structure. 5. Restrictions and Limitations: A. The land leased should be used solely for cultivation of seasonal crops. LESSEE shall conduct all cultivation and mowing in conformity with the good soil conservation and pasture management practices. B. At no time will LESSEE or any individual, agent, servant or employee of LESSEE be allowed to park or leave unattended any farm equipment, tractor or vehicle within 400 Page 2 of 4 feet of the center line of the runway within any runway approach area that is 500 feet from the threshold or within 50 feet of the edge of any taxiway or apron. At not time will the LESSEE or any individual, agent, servant or employee of LESSEE be allowed to erect, construct or build any structure of any nature, or remove or tear down any building or other improvement on the Lease property without prior written approval of the LESSOR. No new fences may be erected on the Airport property without prior written approval of the LESSOR. All Airport boundary fence lines around the crop area will be maintained by LESSEE. E. Grazing or pasturing of animals will not be permitted on the Airport property or on any Airport land leased for agricultural purposes. F. LESSEE shall not sublease any portion of the Airport property. 6. The following special conditions shall govern the parties to this lease: It should be understood that LESSOR and the Federal Government shall have the right to use any portion of the land for any purposes that they deem necessary. The LESSOR will require that the areas in question be vacated within thirty-days (30) of a written notification. Compensation for the recaptured land will be prorated on a per acre basis, plus costs of growing crops destroyed. Land designated as "Future Hangar Areas" may be used for cultivation. However, it is expressly understood that no compensation to the LESSEE will be made by LESSOR for land or crops recaptured in these areas during the term of this agreement. The LESSOR will require that these Future Hangar Areas comprising of approximately 17.7 acres shall be vacated within thirty-days (30) of a written notification. The LESSOR will have access to the property leased at any time for purpose of any inspection deemed expedient and for the purpose of surveying, utility placement, as well as for the use as access routes to adjacent areas of the Airport or to public roads. D. Material crops and all other property of the LESSEE shall be removed from the Airport leased land by the expiration date of this lease. LESSEE agrees to indemnify, defend and hold harmless the LESSOR and its agents, employees and representatives from all penalties arising from the violation of any ordinance, order or regulation that should occur in the operation of the lease, as well as from and against any and all liability for all claims, suits, losses, damages or injuries to any person or property of any nature resulting from the carelessness, negligence or improper conduct of the LESSEE or any of its agents or employees. F. LESSEE agrees that it will not bring claim or suit against the LESSOR or assign any Page 3 of 4 cause of action because of an accident, fire, noise or disturbance resulting from the crash of an aircraft operating in the vicinity of the Airport; taking off or landing at the Airport; or occasioned by the presence and proximity of aircraft parked, being fueled, taxiing or in-flight over the leased area. LESSEE expressly agrees to deliver portions of such property to the LESSOR as LESSEE'S crops are removed. Any crops remaining on the leased premises on October 5, 2005, shall become the property of LESSOR. Further, LESSOR assumes no responsibility of liability for harm, injury or any damaging events which are directly or indirectly attributable to premise defects, or conditions which may now exist or may hereafter arise upon the premises, any and all defects being expressly waived by LESSEE. Executed this the day of ,2004. CITY OF DENTON, TEXAS, LESSOR BY: ATTEST: JENNIFER WALTERS, CITY SECRETARY MICHAEL A. CONDUFF, CITY MANAGER BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: LESSEE LARRY DOWNE Page 4 of 4 Scale i":800' fi) J~lm Can~ll AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: October 5, 2004 Tax Kathy DuBose SUBJECT Consider approval of a tax refund for the following property tax: Tax Name Reason Year Amount d ~d ~ ag~ ~up!~ ~ 8 BACKGROUND Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $500.00. FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $583.51. Respectfully submitted: Diana G. Ortiz Director of Fiscal Operations AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM: October 5, 2004 Economic Development Michael A. Conduff, 349-8306~/~/~g~ SUBJECT Consider adoption of an ordinance of the City Council of the City of Demon, 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 2004 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 in the 2004 program year for a Rental Rehabilitation Program. This activity is included in the City of Denton 2000 - 2005 Consolidated Plan and the 2003 Action Plan. This activity has a current balance of $77,237. The number of units to be assisted with the available funding is between a minimum of 2.5 and maximum of 9 single-family rental units located in targeted neighborhoods and/or service areas. Program changes being recommended for 2004 are: 1.) Increase owner incomes from 150 percent to 200 percent of area median incomes; 2.) Allow properties that are outside the Target Neighborhoods to receive assistance when they meet certain criteria that serves target households; 3.) Increase financial assistance as owner incomes decrease (four levels of assistance). Another minor adjustment includes updating the Fair Market Rents (Appendix I) to meet current year levels for the area. 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, 2004, through September 30, 2005. Staff will market funding availability through media advertisement. The Community Development Division goal is to have all funds expended by 10/1/2005. 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. City Council approved funding for the Rental Rehabilitation Program activity in the City of Denton 2004 Action Plan for Housing and Community Development. FISCAL INFORMATION The program is funded using Community Development Block Grant fund balances designated for the Rental Rehabilitation Program totaling $77,237.38. No general fund dollars are budgeted to administer this program. ATTACHMENTS 1. Proposed Ordinance 2. 2004-05 Rental Rehabilitation Program Guidelines Respectfully submitted: Prepared By: Linda B. Ratliff Director, Economic Development Department Nancy L. Baker Housing Program Manager S:\Our Documents\Ordinances\04\2004 RRP 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 Demon recognizes the need to assist low and moderate income families in securing safe, sanitary and decem housing; and WHEREAS, the City of Demon has developed a program to rehabilitate tenam occupied housing units by making needed repairs through its Remal Rehabilitation Program, which is administered by the City of Demon Community Developmem Division and funded through a federal gram; and WHEREAS. The City Council deems it to be in the public interest to approve the Program Eligibility Criteria for the 2004 Program year; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Council approves the Remal Rehabilitation Program Guidelines and eligibility criteria attached to and made a part of this ordinance for all purposes, and authorizes the City of Demon Community Developmem Division to administer this program. SECTION 2. That the City Council authorizes the expenditure of funds in excess of $25,000 by the Community Developmem Division 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 ,2004. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 1 of 1 CITY OF DENTON 2004 RENTAL REHAB'rL'rTAT'J:ON PROGRAM GUIDELINE5 The Community Development Division 101 S Locust Street - Suite 500 Denton, Texas 940-349-7726 (Office) 940-383-2445 (Fax) (Located in the Wells Fargo Bank Building- Fifth Floor) RENTAL REHABILITATION PROGRAM GUIDELINES TABLE OF CONTENTS INTRODUCTION ......................................................................................................................... 3 II. III IV. V. VI. VII. VIII. ELIGIBILITY REQUIREMENTS: .................................................................................... 4 APPLICATION PROCESSING: ...................................................................................... 5 PROJECT SELECTION .................................................................................................. 6 CONTRACTOR SELECTION, MONITORING AND DEBARMENT: ............................ 6 PAYMENT TO CONTRACTOR: ..................................................................................... 7 FINANCIAL ASSISTANCE OPTIONS: .......................................................................... 8 PROGRAM GUIDELINES: ............................................................................................. 9 MINIMUM REHABILITATION STANDARDS: ............................................................... 13 APPENDIX I - FAIR MARKET RENTS (FMRS) ............................................................................................... 18 APPENDIX II - RENTAL REHABILITATION PROCEDURES ................................................................ 19 APPENDIX III - APPLICATION FOR THE CITY OF DENTON .................................................................. 21 APPENDIX IV- TENANT ASSISTANCE POLICY .......................................................................................... 26 APPENDIX V - TENANT PRE NOTIFICATION SAMPLE LETTER .......................................................... 29 APPENDLX VI - RENTAL REHABILITATION TARGET AREA MAP .....................................................................30 APPENDIX VII- TENANT BENEFICIARY TRACKING FORM ................................................................. 31 2 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 and eliminating lead-based paint hazards, when present. The Rental Rehabilitation Program is administered by the City of Denton's Community Development Division and funded through a federal grant. These guidelines 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 please contact: The Community Development Division 101 S Locust Street - Suite 500 Denton, Texas 940-349-7726 (Office) 940-383-2445 (Fax) (Located in the Wells Fargo Bank Building - Fifth Floor) 3 DESCRIPTION OF PROGRAM PROCEDURES I. 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 rental housing unit(s) located within an eligible service area (see Section I.C of these guidelines). 4.) Hold fee simple title to the property. 5.) Have an annual gross household income at or below 200 percent of the current Dallas metropolitan area median income (AMI). 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 al.~l properties owned by Applicant. 10.) Obtain a statement of income on all tenants residing in occupied units to be assisted. 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 (AMI). See Table I.B below. Table I.A- Applicant Income Limits (200% AMI) 1 93,200 2 106,400 3 119,800 4 133,000 5 143,600 6 154,200 7 165,000 8 175,600 Table I.B - Tenant Income Limits (80% AMI 1 $37,250 2 $42,550 3 $47,900 4 $53,200 5 $57,450 6 $61,700 7 $65,950 8 $70,200 4 Service Areas include three target neighborhoods (see 1-3 below) plus rental units in the city limits outside the target neighborhoods that meet special criteria (see 4 and 5 below): 1.) A Tar,qet Area in far north Denton. Boundaries are Hercules on the South, Loop 288 on the north, Stuart on the east and Locust on the West. 2.) A Tar,qet Area bounded by Mingo Road on the north, McKinney on the south, Woodrow on the east and Frame on the west. 3.) A Tar,qet Area bounded by McKinney on the north, Shady Oaks on the south, Woodrow on the east, Dallas Drive/Bell on the west. 4.) Any rental unit within the city limits of Denton a. when the unit is listed with the Denton Housing Authority Section 8 program and is currently housing income eligible renters; and Owner must sign agreement to continue listing the unit with Section 8 program for the 10-year lien period and give preference to renting unit to Iow/moderate-income families. 5.) Any rental unit in the city limits of Denton a. when the unit has been identified as having lead-based paint hazards by a certified lead inspector; and b. when the unit is available for rental, or currently rented to Iow income household(s); and the owner agrees to market assisted housing unit(s) to, and give preference to Iow/moderate-income households with young children under the age of six for ten years. II. APPLICATION PROCESSING: 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 it is determined the applicant is eligible for the program, a preliminary inspection will be made of the dwelling unit(s). The dwelling unit(s) must meet the following standards to be considered eligible for rehabilitation: The unit(s) must be located within the recognized Service Area (see Section I.C). 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 VlI-FF on page 13 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. 5 III 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). PROJECTSELECTION Project selection will be based upon an analysis of the following factors: Location of unit(s). Number of bedrooms. Acceptable credit rating and, as required, ability to obtain matching funds. 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). IV. 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 6 contractor to be unsatisfactory or incomplete, the property owner should advise the contractor of the discrepancy and ask that it be corrected. 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. 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. 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 for completed work before any payment can be processed. Rental rehabilitation partial payment minimum are as follows: projects over $40,000 at least 10 percent per draw, projects under $40,000 15 percent per draw. '7 VI. FINANCIAL ASSISTANCE OPTIONS: Four (4) levels of assistance are available based on owner income as follows: Owner income at or below 200 percent of the area median income can receive 25 percent of project cost (up to a maximum of $8,000) per unit as a deferred loan, forgiven after 10 years. Owner provides escrow funds to City at contract signing for remaining 75 percent of project costs from either personal source or outside lender; Owner income at or below 150 percent of the area median income can receive 50 percent of project cost (up to a maximum of $16,000) per unit, with the first 25 percent as a deferred loan, and another 25 percent as a payable loan (2 percent annual interest rate) amortized over a 10-year loan term. Owner would provide escrow funds to City at contracting signing for remaining 50 percent of project costs from either personal sources or outside lender; Owner incomes at or below 80 percent of the area median income can receive 50 percent (up to a maximum of $16,000) per unit as a deferred loan and another 25 percent (up to a maximum of $8,000) as a payable loan with a 2 percent interest rate amortized over a 10-year loan term. The final 25 percent of the project cost would come from owner's personal sources or outside lender. Owner incomes at or below 65 percent of the area median income can receive 50 percent (up to a maximum of $16,000) per unit as a deferred loan and another 50 percent (up to a maximum of $16,000) as a payable loan with a 2 percent interest rate amortized over a 10-year loan term. Owner will be required to sign lien contracts for a 10-year period. During lien period, owner must maintain property and affirmatively market the property to Iow- and moderate-income households. (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. Owner funds will be distributed first. 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 OPPORTUNITY 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. VII. 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, when available, 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 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 sub-contractual 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 that 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. 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 (see "Note" below). 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. U 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 (see "Note" below). 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. NOTE: Owner is responsible for 100 percent of project expenditures that exceed this program's financial assistance maximum limits. Should change orders exceed program maximum limits and/or require additional owner match dollars, owner will be required to deposit sufficient personal funds into the project escrow account before work can continue. 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. 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 BB. CC. DD. EE. FF. 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 4 of these guidelines), the owner/applicant 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. Sidin.cl and Trim 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 13 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. Draina.qe 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 that pose a threat to the occupants shall be repaired or, if necessary, replaced. 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 All replacement of existing wiring and equipment shall be done in conformance with the 2002 National Electric Code and the City of Denton Code. Any potential source of electrical hazard or ignition of combustible material shall be corrected. GFCI 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. Plumbin.q '14 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. 15 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. 16 APPENDICES APPENDIX I - FAIR MARKET RENTS (FMRS) APPENDIX II- RENTAL REHABILITATION PROCEDURES APPENDIX III - APPLICATION FOR THE CITY OF DENTON APPENDIX IV - TENANT ASSISTANCE POLICY APPENDIX V - TENANT PRE NOTIFICATION SAMPLE LE-I-I-ER Appendix VI - Rental Rehabilitation TARGET AREA MAP APPENDIX VII - TENANT BENEFICIARY TRACKING FORM 17 APPENDIX I FMR's X !l© Page 18 APPENDIX II - 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, current mortgage information, if applicable, tax payment receipts from all property-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. If requested, CD staff can provide assistance with project bid documents and the bidding process. 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: PAGE 19 APPENDIX II Current year's income tax Return with W-2's for each household member who has filed tax returns. (If self employed, provide most current three year's complete tax returns. 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, TANF (Shelter/utilities), 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 all household members who have any such accounts and two most current month's of bank account(s) statements (complete). If project includes lead-based paint hazard reduction work, complete application and agreement forms for Denton ALERT Program. PAGE 20 APPENDIX II APPENDIX III -APPLICATION FOR THE CITY OF DENTON RENTAL HOUSING REHABILITATION PROGRAM CONTACTAGENCY: OWNER PROPOSAL FORM COMMUNITY DEVELOPMENT DIVISION 101 S. LOCUST ST., SUITE 500 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 Parmership [] (e) Other: C. PROPERTY ADDRESS: No. Street Unit No(s). city D. BUILDING DESCRIPTION [] Single Family [] Duplex [] Th-Hex [] Four-Plex PAGE 2,1 APPENDIX III E. BUILD1NG STRUCTURE [] Frame [] Brick [] Masonry [] Other: F. FOR EACH UNIT 1N THE PROJECT PLEASE PROVIDE THE iNFORMATION REQUESTED 1N 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 Current Apt. No. of Over Minor- Ethnic *FEM Handi- Sect. Income Rent No. Occupants65 ity Code Code HHH Capped 8 NOTE: for the table above, use the following codes: **MINORITY CODES: 1 = White 2 = Black / African American 3 = Black / African American & White 4 = Asian 5 = Asian & White **ETHNICITY CODES: 11 = Hispanic 6 = American Indian / Alaska Native 7 = American Indian / Alaska Native & White 8 = American Indian / Alaska Native & Black / African American 9 = Native Hawaiian / Other Pacific Islander 10 = Other Multi Racial 12 = Non-Hispanic * Please note a female head-of-household is a single female with dependent children. Section 8 recipient Codes: C - Certificate V - Voucher N - None .(List) 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. ORIG1NAL MORTGAGE Orig. Amount Mortgagee PAGE 22 Balance APPENDIX III 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 $ Ko 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 PAGE 23 APPENDIX III SECTION II1: PROPERTY OWNER INCOME DATA Note: Owner income eligibility is based on household income which includes the income of all working members of the household. If the property is owned by a partnership or corporation, all partners and/or principals must be income eligible. Please list all income amounts below and provide documentation of each income source. (To be completed by all households with ownership in the property.) Salary Overtime pay Fees/tips Commissions/bonuses Interest and/or dividends Net income from business Net rental income Social Security, pensions retirement Unemployment benefits, workers compensation, etc. Alimony, child support Welfare pymts, TANF (Shelter/utilities), etc. Checking accounts Savings/CD accounts Stocks, bond, etc. Rental property income Value of private residence Life Insurance Other PAGE 24. APPENDIX III 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. I/WE CERTIFY THAT THE INFORMATION PROVIDED IN THIS APPLICATION IS TRUE AND CORRECT AS THE DATE SET FORTH OPPOSITE MY/OUR SIGNATURE(S) ON THIS APPLICATION AND ACKNOWLEDGE MY/OUR UNDERSTANDING THAT ANY INTENTIONAL OR NEGLIGENT MISREPRESENTATION(S) OF THE INFORMATION CONTAINED IN THIS APPLICATION MAY RESULT IN CIVIL LIABILITY AND/OR CRIMINAL PENALTIES INCLUDING, BUT NOT LIMITED TO, FINE OR IMPRISONMENT OR BOTH UNDER THE PROVISION OF TITLE 18, UNITED STATES CODE, SECTION 1001, ET SEQ. AND LIABILITY FOR MONETARY DAMAGES TO THE LENDER, ITS AGENTS, SUCCESSORS, AND ASSIGNS, INSURERS AND ANY OTHER PERSON WHO MAY SUFFER ANY LOSS DUE TO RELIANCE UPON ANY MISREPRESENTATION WHICH I/WE HAVE MADE ON THIS APPLICATION. I/WE UNDERSTAND THAT ANY WILLFUL MISSTATEMENT OF MATERIAL FACTS WILL BE GROUNDS FOR DISQUALIFICATION. 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 25 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 26 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 voucher/certificate. 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 27 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 1225 Wilson St. 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 position on the waiting list. Section 7 of the City's Memorandum of Understandinq with DHA states that "DHA recognizes 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 101 S. Locust St., Suite 500, Denton, TX 76201. APPENDIX IV PAGE 28 APPENDIX V - TENANT PRE NOTIFICATION SAMPLE LE'n'ER 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/Zi p: Signature Date Page 29 Appendix V Appendix VI - Rental Rehabilitation TARGET AREA MAP [Denton, Texas] _~RCULE'. Page 30 APPENDIX VII - TENANT BENEFICIARY TRACKING FORM Page 31 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM: October 5, 2004 Economic Development Michael A. Conduff, 349-8306 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 2004-05 Home Improvement 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 2004-'05 Home Improvement Program. Passage of this ordinance authorizes project payments that exceed $25,000 when project meets program eligibility criteria and guidelines. City Council awarded CDBG and HOME grant funds for the 2004-'05 program year as part of the City of Denton 2004 Action Plan for Housing and Community Development. Additional funding sources include program income, Denton County Housing Finance Corporation grant, Federal Home Loan Bank grant and owner-provided personal funds. All rehabilitation, reconstruction and new construction projects are competitively or reasonably bid and owners select contractors from eligible or reasonable bids received. Summary of guideline changes: 1.) Change of name from Home Improvement and Optional Reconstruction Program to Home Improvement Program. 2.) New construction component is being added to the program and will offer homeowner opportunities to low-income families (below 65% of the area median income). Eligible families will be required to meet guideline requirements including owning an eligible property within the target area. 3.) Guidelines were reformatted to remove duplications due to new activity. 4.) All forgivable loans were changed to be deferred monthly. 5.) Deferred liens for the reconstruction activity are currently forgiven at the end of a 20-year note. Beginning in 2004, - deferred loans for reconstruction and new construction projects will be forgiven monthly over the term of the note. Previous program participants will also have the option of revising their note to allow for monthly loan deferrals. 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, reconstruction and new construction projects completed from October 1, 2004 through September 30, 2005. PRIOR ACTION/REVIEW (Council, Boards, Commissions) City Council approved funding for the Home Improvement Program activity in the City of Denton 2004 Action Plan for Housing and Community Development. FISCAL INFORMATION Housing staff salaries related to program delivery will be paid with CDBG and HOME funds. No general fund dollars are included to administer this program. ATTACHMENTS 1. Proposed Ordinance 2. 2004-'05 Home Improvement Program Guidelines Respectfully submitted: Prepared by: Alma Espino Program Specialist Linda B. Ratliff Director, Economic Department S:\Our Documems\Ordinancos\(~20(~ lIIP Ordinanco.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 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 Demon recognizes the need to assist low and moderate income families in securing safe, sanitary and decem housing; and WHEREAS, the City of Denton participates in a Home Improvement Program administered by the City of Demon Community Developmem Division and funded through a federal gram from the Department of Housing and Urban Development; and WHEREAS. The City Council deems it to be in the public imerest to approve the Program Eligibility Criteria for the 2004 Program year; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Council approves the 2004 Home Improvemem Program Guidelines and Home Improvemem 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 Demon Community Developmem Division to administer this program. SECTION 2. That the City Council authorizes the expenditure of funds in excess of $25,000 by the Community Developmem Division 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 ,2004. EULINE BROCK, MAYOR S:\Our Documcms\Ordinancos\04h2004 I liP Ordinanco.DOC ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 of 2 2004 Home Improvement Program Guidelines Available in Spanish / Disponible en Espa~ol Effective Date: 10/01/2004 EQUAL HOUSING OPPORTUNITY Applicant(s) Is Subject To All Guideline Changes Up To The Time Contracts Are Signed And Project Begins TABLE OF CONTENTS INTRODUCTION ................................................................................................................................................................ 4 Home Improvement Program ................................................................................................................................................ 5 Description of General Program Procedures ......................................................................................................................... 5 I. PURPOSE ................................................................................................................................................................ 5 II. DESIGNATED AUTHORITY ................................................................................................................................ 5 III. ELIGIBILITY REQUIREMENTS: ......................................................................................................................... 5 A. Applicant(s) / Household Eligibility Requirements: ....................................................................................... 5 B. Property Eligibility Requirements ................................................................................................................... 6 IV. APPLICATION PROCESSING .............................................................................................................................. 7 V. SELECTION OF RECIPIENTS FOR ASSISTANCE ............................................................................................ 8 VI. WAIVERS AND APPEALS PROVISION ............................................................................................................. 8 VII. FINANCIAL ASSISTANCE ................................................................................................................................... 8 VIII. CONTRACT REQUIREMENTS ............................................................................................................................ 8 IX. PROJECT FEASIBILITY CRITERIA .................................................................................................................... 9 X. PROJECT COST LIMITS ..................................................................................................................................... 10 XI. ALLOWABLE EXPENSES .................................................................................................................................. 10 XII. PROGRAM ACTIVITY OPTIONS ...................................................................................................................... 10 A. Owner-Occupied Rehabilitation ................................................................................................................... 11 B. Optional Reconstruction ............................................................................................................................... 11 C. New Construction Assistance ....................................................................................................................... 11 XIII. CONTRACTOR SELECTION AND PROJECT MONITORING ........................................................................ 11 XIV. PAYMENTS TO CONTRACTOR ........................................................................................................................ 12 XV. CONTRACTOR DEBARMENT ........................................................................................................................... 13 APPENDICES .................................................................................................................................................................... 14 APPENDIX 1 ...................................................................................................................................................................... 15 Qualifying Income Limits for Federally Assisted Programs ................................................................................. 15 Moderate ............................................................................................................................................................................. 15 Low 15 Very-Low ............................................................................................................................................................................ 15 Extremely-Low ................................................................................................................................................................... 15 2004 Maximum Home Per-Unit Subsidy Limits for Denton ................................................................................. 15 95 Percent of the 2004 Single Family Mortgage Limit for Denton = $162,360 .................................................... 15 APPENDIX 2 ...................................................................................................................................................................... 16 Targeted Neighborhoods Map ............................................................................................................................... 16 APPENDIX 3 ...................................................................................................................................................................... 17 OPTIONAL RECONSTRUCTION ASSISTANCE APPLICATION AND ......................................................... 17 TEMPORARY RELOCATION QUESTIONNAIRE ........................................................................................... 17 APPENDIX 4 ...................................................................................................................................................................... 18 HOME IMPROVEMENT PROGRAM ................................................................................................................. 18 OPTIONAL RECONSTRUCTION REHOUSING AGREEMENT ..................................................................... 18 APPENDIX 5 ...................................................................................................................................................................... 20 NEW CONSTRUCTION ASSISTANCE APPLICATION AND QUESTIONNAIRE ........................................ 20 APPENDIX 6 ...................................................................................................................................................................... 21 NEW CONSTRUCTION HOUSING AGREEMENT .......................................................................................... 21 APPENDIX 7 ...................................................................................................................................................................... 22 SPACE & AMENITY ALLOWANCES FOR RECONSTRUCTION & NEW CONSTRUCTION ACTIVITIES22 INTRODUCTION The City of DeNon Home Improvement Program's objective is to assist low and moderate-income families with securing safe, sanitary and decem housing. This objective is accomplished through owner-occupied rehabilitation, optional reconstruction or new construction activities. Rehabilitation of an owner-occupied dwelling corrects code violations and makes needed repairs when a dwelling is feasible for rehabilitation. When a dwelling is not feasible for rehabilitation, the applicant may be eligible for a replacemem single-family dwelling. New construction provides affordable homeownership opportunities to eligible low-income remers or displaced households who own eligible land. Both optional reconstruction, and new construction activities provide funds to demolish dilapidated dwellings and construct new modest, energy efficiem and safe single- family dwellings on owners' lots. The Home Improvemem Program is administered by the City of Demon Community Developmem Division and is funded by federal grant dollars from the United States Department of Housing and Urban Development (HUD), participating owner funds, program income and other grant and private dollars, when available. The following pages comain a detailed description of the Home Improvement Program including program and project guidelines, policies and procedures and application and project bidding eligibility criteria. The purpose of the guidelines is to explain to potential applicants and the citizens of Denton, the Home Improvement Program and the levels of assistance available. For further information or clarification of the guidelines, please contact the: Community Development Division 101 S. Locust Street, Suite 500 Denton, Texas 76201 (940) 349-7726 (Located on the Denton Square in the Wells Fargo Bank Building - Fifth Floor) IL III. Home Improvement Program Description of General Program Procedures PURPOSE A. The City of Denton Home Improvement Program provides technical and financial assistance for eligible low and moderate-income households to complete rehabilitation, reconstruction or new construction activities to provide, as their principal residence, modest, decent, safe and sanitary single-family dwellings. B. Assistance shall be subject to the availability of grant funds, program loan income and HUD implementing regulations. Administrative procedures will be modified to meet any change in rules and regulations of HUD that may occur over time. DESIGNATED AUTHORITY A. Administrative authority for implementation of the program will rest with the City of Denton Community Development Division. Community Development staff approves rehousing/housing agreements, contractual and budget changes, as needed for project completion. B. The Community Development Administrator will have the responsibility for final determination of the amount of assistance to be made available to individual applicants, in accordance with the implementing procedures. C. 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. ELIGIBILITY REQUIREMENTS: Eligibility requirements must be met for both the applicant's household and the property. Eligibility for assistance is completed in two phases as described in sections A. and B. below. A. Applicant(s) / Household Eligibility Requirements: 1. Must be a United States citizen or a legal resident alien. 2. Must have owned and occupied the dwelling for not less than three consecutive years. (The period of time an applicant has lived in a property under a lease for purchase or contract for deed form of purchase may be taken into consideration in calculating the three consecutive years.) New construction applicants must have owned property for not less than three consecutive years. 3. Must hold a Fee Simple Title to the property. City staff will verify ownership through a general title search. a. 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 assistance. The seller must provide the purchaser with a filed warranty deed on the property to satisfy this eligibility requirement. b. If applicant(s) inherited the property, the legal documents establishing applicant(s) has fee simple title to the property must be on file in the Denton County Clerk's Office. Applicant must provide proof of financial responsibility for the property (i.e. tax payments, and/or utility payments, fee simple title, executed, filed affidavit of heirship, etc.), and, except for new construction assistance, proof of residency, both, for not less than the most recent, three consecutive years. 4. Must meet program's income limits. a. Gross annual total household income is at or below the following, adjusted for family size. Current maximum income limit by household size is: Rehabilitation ! Reconstruction New Construction: Number of People 80% of the AMI 65% of the AMI Livin~ in Household Maximum Income Limit Maximum Income Limit 1 $37,250 $30,250 2 $42,550 $34,600 3 $47,900 $38,900 4 $53,200 $43,250 5 $57,450 $46,700 6 $61,700 $50,150 7 $65,950 $53,600 8 $70,200 $57,050 b. Must not have assets (total combined for all household members) in excess of $100,000. New construction: Must not own standard renter or owner-occupied property. NOTE 1: The appraised value of the applicant's property 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 for Home Improvement assistance. 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. 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. Note: Debt management will be recertified prior to signing contracts. 7. Must demonstrate that income exceeds projected housing expenses and the ability to maintain the dwelling. 8. Homeowner may be required to provide owner contribution toward project cost (see Section VII.A.). 9. Pre-existing mortgage note balance cannot exceed 80 percent of the property's appraised value for rehabilitation and 70 percent of the property's appraised value for reconstruction. 10. New construction activity required property to be 100% owned with no prior liens. NOTE: The City of Denton reserves the right to request an independent market analysis. Property Eligibility Requirements 1. Must be zoned to allow for single-family construction 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 dwelling unsafe or unsanitary. New construction is exempt from this requirement. 3. May not have existing property code violations (such as high weeds, trash, debris, junk vehicles, etc). Any liens placed on a property for correcting any past or present code violations must be paid in full by the time application processing occurs. Any items cited as a code violation must be removed or corrected from the property before assistance is rendered. 4. Must be serviced or be accessible to 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 comply with and meet all environmental regulations; i.e., historical, floodplain, noise, lead, etc. 7. May not exceed Community Development Division Replacement Housing Space Allowances Policy for new construction and reconstruction. Projects that would exceed the set standards due to property deed restrictions or neighborhood minimum requirements are not eligible for assistance. IV. 8. 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 or the property has no structures, the applicant must sign a HOMEOWNER AFFIDAVIT OF UNDERSTANDING AGREEMENT FOR HOMEOWNER'S INSURANCE to satisfy this eligibility requirement. Proof of homeowners insurance must be provided at completion of a rehab, reconstruct or new construction. 9. A property that has been previously assisted with Federal or State grant funds after March 1996 is not eligible for assistance. Properties having received assistance before April 1996 may be eligible for additional assistance after eight (8) years from the date of the last assistance. Provided all liens have been paid and/or released. 10. With the exception of 1.B.9., households previously assisted with HOME funds may be eligible for rehab assistance based on availability of funds and federal regulations. 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 living in and owns a single-family dwelling for not less than two consecutive years. New construction: Owner must have owned property for two consecutive years. 3. Property is located in a Targeted Neighborhood (see Appendix 2). 4. Applicant must complete a Waiting List Application Form and attach a copy of property deed or proof of ownership. (Waiting List Application Forms are available at the Community Development Division, 101 S. Locust Street, Suite 500 Denton, Texas, 76201, 940-349-7726.) B. Prospective applicants are assigned the next available number on the waiting list in the order the completed waiting list application is received by the Community Development Division. C. When applicant reaches the top of the waking list, s/he will be notified in writing to complete the application process and must provide all items requested per checklist. Further documentation, in addition to items listed on the checklist, may be required to process application. NOTE: Deadlines given for contacting the Community Development office to make an appointment to apply and those given for submitting application information will be stated in the notice to apply letter. The deadlines will be enforced. D. Applicant must provide all information requested and information must be complete and accurate regarding their household composition, household income, and housing situation. All information submitted by the applicant must be current and up to date. All information will be verified and recertified by Community Development staff as required by Federal regulations. Any intentionally falsified information will cause the application to be rejected and the applicant will not be allowed to reapply. Failure to disclose information that may affect eligibility requirements shall also constitute fraud. Applicants shall be required to 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. E. Applicant must attend a credit, debt and monthly expenses evaluation meeting with Consumer Credit Counseling Services, Inc. F. Applicant must attend a Successful Homeownership Workshop, with emphasis being placed on maintenance, budgeting, cost effective decorating, and responsibilities of home ownership. G. 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 study of the property. Ineligible applicants will be notified of the reason their application for assistance is being rejected. H. Any applicant who feels that s/he has been unjustly denied assistance under the Home Improvement Program should follow the appeal procedure outlined in Section VI. VI. VII. VIII. SELECTION OF RECIPIENTS FOR ASSISTANCE A. Date of application completion and eligibility will determine the order of assistance. B. Community Development Staff will provide counseling, and assistance as needed, to applicants in order to facilitate the applicant's rehousing/housing, including the following: 1. Information on the program and rehousing/housing 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. WAIVERS AND APPEALS PROVISION A. Request for Waiver: The City of Denton Home Improvement Program has been developed to adhere to a set of guidelines in order to assure proper administration and management. 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. The Community Development Administrator will review requests on a case-by-case basis. Applicant will be notified in writing of the final decision. B. Appeals Procedure: Applicants, who have been determined by the Community Development Administrator to be ineligible for assistance, may appeal this decision to the Department Director. A written appeal must be submitted. C. The Department Director shall issue a written response within fifteen days of receiving the request. FINANCIAL ASSISTANCE A. Owner Contribution is a percentage of the total project cost that the applicant must provide at contract signing. These funds are held in an escrow account and will be expended before City funds are used when making contractor payments. Owner contribution increases on a sliding scale as household income increases. See Appendix I for percent of owner contribution by income ranges and family size. B. City Of Denton Funds: The City of Denton will fund the remaining project costs using Federal HUD CDBG and HOME dollars, program income and private funds, when available. C. Term of the Note is determined by the activity to be completed and/or total project cost as follows: Activity / Project Cost Rehabilitation/Below $10,000 Rehabilitation/Between $10,000 - $25,000 Rehabilitation/Above $25,000 Reconstruction and New Construction/Total Const Term 60 months ( 5 years) 120 months (10 years) 180 months (15 years) 240 months (20 years) D. Financial Assistance Levels: The City-funded dollars are payable through a two-part loan. See Appendix I for income ranges by household size, payable to deJbrred loan ratios and description of Payable and Deferred loans E. Applying to the Home Improvement Program is voluntary. Funds for temporary relocation are not provided. CONTRACT REQUIREMENTS A. Liens are in effect until all requirements of the deed and promissory note are satisfied. The City of Denton will be in the first lien position. When a first lien position is not possible, the City may accept second lien position, subject to the review and approval of the Community Development Administrator. Property approved for the new construction activity must be free of all liens and City of Denton will be in the first lien position. Liens are released once all the requirements and conditions of the deed and note have been met. B. If the applicant defaults on their contract, the lien will be called due in full, and referred to the City of Denton's Legal Department to begin acceleration of the note as allowed by law. 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. IX. Examples of loan default include, but are not limited to: 1 .) Delinquent loan payments; 2.) Failure of grantee to reside in the assisted dwelling unit as the principal residence of applicant; 3.) Failure to maintain adequate homeowner insurance coverage; 4.) Failure to pay property taxes when due. C. In the event the grantee sells the property prior to maturity of the note, the sum of the unpaid balance of the loan and the unforgiven balance of the deferred loan amount will become due immediately.. D. 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, if the heirs decide to sell the property, the City of Denton will accept as settlement of the note the lesser of.' 1. Pay 70 percent of the property's market value at the time of sale (the City reserves the right to conduct an independent appraisal), or, 2. Pay the payoff balance of the lien owed at the time the grantee passed away or was no longer able to reside in his/her home If the heirs keep the property the City of Denton will negotiate a modified and/or continuation of the note depending on beneficiary income and ownership circumstances. Heirs using property for rental income will pay the can request the note balance E. If, after the project 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 original loan assistance category. Please note: Loss of employment (voluntarily or involuntarily) is not considered a "permanent loss". For purpose of this program "permanent loss" is defined as: 1. deaths 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 IV. Application Processing - Re-application processing will be completed 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 a Modification and Extension of Real Estate Note andLien reflecting the adjustment and/or extension of the note. PROJECT FEASIBILITY CRITERIA A. A decision as to the type and amount of assistance an applicant is allowed is based on the feasibility of a property to be rehabilitated. An assessment will be completed using the following factors: 1. 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 dwelling located in a designated 100-year floodplain to 50 percent of a property's pre-rehabilitation appraised value as set by the Denton Central Appraisal District (dwelling [not land] value only). 2. Determine if the framework and foundation of a dwelling are stable, or can be made stable through rehabilitation. (May allow for structural engineer evaluation of structure when staff cannot determine.) 3. 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. XI. XII. 4. 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. B. A structural evaluation and project cost determination is completed. Projects that will exceed the Project Cost Limits (Section X) are not eligible for rehabilitation assistance. Applicant may be referred for optional reconstruction assistance. PROJECT COST LIMITS A. A rehabilitation project must meet all of the following 3 tests to be considered feasible to rehabilitate. Projects not feasible for the rehabilitation activity may be eligible for reconstruction or new construction and must meet the cost criteria in items 2 and 3 of this section. 1. 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 to comply with historical requirements. 2. Total project cost will not exceed of the current Maximum Home Subsidy Limits for Denton as set by HUD (See Appendix I). 3. The after project appraised property value plus all costs expended to complete the project (including "other funds" and "owner's contribution") will not exceed 95% of the current Single Family Mortgage Limit for Demon as established by HUD (See Appendix I). B. PROGRAM MINIMUM LIMITS FOR Home Improvement projects: A dwelling needing less than $5000 of repairs is not eligible for Home Improvement Program assistance. ALLOWABLE EXPENSES Federal CDBG and HOME grant funds will be used to pay for eligible project costs to complete substantial rehabilitation of existing owner-occupied properties, reconstruction of substandard owner-occupied properties and new construction of single-family modest dwelling units for eligible applicants who own eligible vacant lots. Some allowable fees are: o Cost of room addition(s), to relieve serious overcrowding when approved by the Community Development Administrator. o Demolition of substandard structures as needed to complete projects. o Costs necessary to build modest, energy efficient, safe and sanitary replacement of principal residences o Other eligible expenses the Community Development Division determines necessary to facilitate the completion of activities allowed by this program (Example: title search, filing fees, platting, engineering reports, permit and tap fees, etc.) o Eligible administrative costs. o Other fees and costs as allowed by the CDBG and HOME regulations. NOTE: Funds for temporary relocation during project construction are not provided. PROGRAM ACTIVITY OPTIONS The Home Improvement Program provides three options. The process required for all activities will be: Process o CD staff will complete a project feasibility study. This inspection will include a detailed evaluation of all deficiencies needing to be addressed to bring the dwelling up to minimum program standards. o Activity option determined based on feasibility criteria (Section IX.). o Project details completed and approved by applicant. o CD staff completes a cost estimate of the work to be completed. o CD Administrator certifies the project as "eligible" or "not eligible." o If eligible, applicant signs a rehousing agreement (Appendix 4 or 6). 10 In the A. XIII. Bid packet is prepared, bid out as described in Contractor Selection and Monitoring (Section XIII), owner chooses contractor from eligible bids, contracts are signed and project begins. The City's Building Inspections Division and CD staff inspects project's progress routinely to ensure compliance with City codes and project specifications. Community Development staff completes final inspection. For reconstruction and new construction activities, owner must have utilities connected and provide proof of homeowner's insurance before property can be occupied. Project is closed upon contractor receiving contingency payment; owner receives loan payment schedule; invoicing begins. event a procedure is not addressed in these guidelines the Program Manager will determine the best course of action. Owner-Occupied Rehabilitation This activity will assist eligible applicants rehabilitate single-family principal residences by making needed repairs with the first priority being to correct code violations. This activity is eligible when a completed project will yield a structurally sound, safe, sanitary and decent single-family dwelling that meets City's building codes (see Section IX). Optional Reconstruction The reconstruction activity is offered when existing dwellings are not feasible for rehabilitation. Optional reconstruction provides funds to demolish existing dilapidated dwellings and reconstruct modest, energy efficient, safe and sanitary replacement single-family dwellings. New Construction Assistance The City of Denton will provide homeownership opportunities to eligible low-income families who own eligible property. New construction provides funds to construct a modest, decent, energy efficient, safe, and affordable single-family dwelling. 1. Applicant cannot currently own a residence or a mobile home. Exceptions are made for substandard properties. 2. Community Development Division will determine the condition of the dwelling. 3. Substandard residential properties in the flood plain/flood way, may also be eligible for this activity, if the owner owns an eligible vacant lot, not in the flood plain/flood way. CONTRACTOR SELECTION AND PROJECT MONITORING All applicants are responsible for finding a contractor who will develop a proposal to complete approved home improvement activity. Eligible applicants may request assistance from Community Development staff to help homeowner with the bidding process. The homeowner may elect to seek a bid proposal from a qualified contractor of their choice. Bids by contractors submitted by the applicant must be reasonable (within 10 percent, high or low, of the Community Development cost estimate). Contractors selected by the applicants must meet eligibility and insurance requirements. 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 meet with you, you should: · Show him/her the mandatory work items that have been identified by the Community Development Division per the work write up, construction plans and project standards. · Advise him/her that the bid proposal must be returned to you for submission to the rehabilitation program by a due date. DO NOT SIGN ANY AGREEMENT WITH THE CONTRACTOR. 11 XIV. Owner must submit the contractor's bid proposal to the Communi _ty Development Division at 101 S. Locust Street, Suite 500, Denton, TX. The Community Development staff will review the proposal to verify that: 1. The contractor is licensed and has all City-required insurance coverage. 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 costs are reasonable (as verified by CD staff prepared cost estimate). 5. The contractor chosen by owner has not been disqualified by any local, State or Federal government agency. 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. The bid proposals that are submitted by the applicant will be reviewed by the Community Development Division to determine if the total bid price is reasonable per cost estimate and under the maximum allowable amount. THE CITY OF DENTON AND THE APPLICANT RESERVE THE RIGHT TO REJECT ANY AND ALL BIDS. If the Community Development Administrator approves the bid proposal submitted by the applicant, the Community Development staff shall proceed. 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 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 1. Final Inspection - In order for the contractor to close out a project, 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 final payment request stating 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 advised to submit to the Community Development Division copies of all warranties and releases of liens from subcontractors and suppliers prior to contingency payment. 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. 2. Warranty of Work - As stated in the 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. PAYMENTS TO CONTRACTOR A. The contractor shall receive approved final payment, minus a 10 percent contingency, for completed contract within 15 working days after final inspection approval. The contingency is calculated on the final contract amount by adding the total project bid amount plus or minus change orders, minus, if applicable, the cost for demolition. Contingency is withheld for thirty (30) days from the date of final acceptance by Community Development Division staff. After thirty days, if no additional or warranty work remains, the contractor must request written approval from owner and CD staff to release withheld contingency funds. Contractor must endorse the Mechanic's Lien Note over to the City of Denton and sign a release of note and lien of the Mechanic's 12 X¥. Lien Contract before contingency payment can be released. B. A contractor may request interim-proj ect payments throughout the course of the project. Interim payments will be made available to the contractor upon applicant and CD staff approval of any contract work that has been completed. Contractor will submit a CONTRACTOR REQUEST FOR PAYMENT AND PERIODIC STATEMENT form to the applicant when requesting payments. C. An "All Bills Paid" affidavit and release of lien from all subcontractors and suppliers must be submitted to the Community Development Division before final payment can be released to contractor. Any electrical, plumbing, mechanical, window and/or roofing permits and termite inspection report must also be submitted to the Community Development Division prior to releasing contingency payment to the contractor. CONTRACTOR DEBARMENT A. A contractor will be declared ineligible to participate in projects funded by the City of Denton 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. 9. Other offenses not described here when the Community Development Director believes a contractor's action(s) does not serve the best interest of the program, the City or the applicant. B. 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. 13 APPENDICES Appendix 1 Appendix 2 Appendix 3 Appendix 4 Appendix 5 Appendix 6 Qualifying Income Limits and Ranges for the City of Demon's Federally Assisted Programs Target Neighborhoods Map Optional Reconstruction Assistance Application and Temporary Relocation Questionnaire Optional Reconstruction Rehousing Agreement New Construction Assistance Application And Questionnaire New Construction Housing Agreement 14 APPENDIX 1 FY 2004/2005 City of Denton Community Development Division Qualifying Income Limits for Federally Assisted Programs Rehabilitation and Optional Reconstruction Eligible Income Ranges New Construction Eligible Income Ranges 2-Part Loan Ratio* 70% Payable / 30% Deferred 40% Payable / 60% Deferred 20% Payable / 80% Deferred 10% Payable / 90% Deferred Owner Contribution 1% of Total Project Cost .75% of Total Project Cost .5% of Total Project Cost .25% of Total Project Cost Income Range Moderate Low Very-Low Extremely-Low Family Size 80% AMI - <65% AMI 65% AMI - <50% AMI 50% AMI - <30% AMI _<30% AMI 1 $37,250- $30,251 $30,250 - $23,301 $23,300- $13,951 $13,950 or Below 2 $42,550- $34,601 $34,600- $26,601 $26,600- $15,951 $15,950 or Below 3 $47,900- $38,901 $38,900- $29,951 $29,950- $17,951 $17,950 or Below 4 $53,200- $43,251 $43,250- $33,251 $33,250- $19,951 $19,950 or Below 5 $57,450- $46,701 $46,700- $35,901 $35,900- $21,551 $21,550 or Below 6 $61,700 -$50,151 $50,150- $38,551 $38,550- $23,151 $23,150 or Below 7 $65,950- $53,601 $53,600- $41,251 $41,250- $24,751 $24,750 or Below 8 $70,200- $57,051 $57,050 - $43,901 $43,900 - 26,351 $26,350 or Below *In this two-part loan: Part I: Payable Loan is based on a percentage of the total City-paid project cost (see Section VII.D.). The payable portion of the loan is amortized over the term of the note (60 to 240 months - see Section VII.C.), and carries a 3 percent interest rate. There is no penalty for paying the payable loan off early. Part II: Deferred Loan is based on a percentage of the total City-paid project cost (see Section VII.D.). This portion of the loan carries a zero percent interest rate. For every month applicant complies with deed and note requirements, a fraction of the deferred loan is forgiven (on a 5-year note, 1/60, on a 1 O-year note 1/120, on a 15-year note 1/180, and on a 20-year note 1/240). The deferred loan terms are from between 60 to 240 months (5 to 20 years) based on project cost and/or type of assistance activity (see Section VII.C.). At the end of the contract term the deferred loan is forgiven, provided applicant has satisfied all the conditions listed in the Deed of Trust and Promissory Note. The deferred loan is secured by a lien on the property. Forgiveness begins on the completion date of the project. Reportable Income: Gross income for all household members aged 18 and above must be included to determine household's eligibility to receive assistance; however, some household members' incomes may be excluded when determining thepayback category that the eligible household will be approved for. They are: applicant's children, grandchildren or legal guardians of the applicant who are aged 18 up to 22 and/or children aged 22 up to 25 who are full or part-time students. Incomes for household members aged 25 and older will be included in determining thepayback category for the household. Income Limit Source: U.S. Department of Housing and Urban Development. Effective: January 28, 2004 2004 Maximum Home Per-Unit Subsidy Limits for Demon 0-BDR=$74,180 1-BDR=$85,032 2-BDR=103,440 3-BDR=$133,763 4-BDR=$146,831 95 Percem of the 2004 Single Family Mortgage Limit for Demon = $162,360 15 APPENDIX 2 City of Denton, Texas Targeted Neighborhoods Map 16 APPENDIX 3 OPTIONAL RECONSTRUCTION ASSISTANCE APPLICATION AND TEMPORARY RELOCATION QUESTIONNAIRE Your participation for optional reconstruction assistance is voluntary. Reconstruction funds are limited therefore; the Program does not cover costs necessary for household to relocate during reconstruction of the property. Please complete the following questionnaire. This information will help our staff in determining if you will be eligible for optional reconstruction assistance. 1. I understand that it is my responsibility to relocate my household and that I am responsible for all costs involved to do so? Yes No I understand that as a result of reconstruction, my appraised property value, set by the Denton Central Appraisal, may increase significantly from the amount at which it is currently valued. Yes No I 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 I 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 I 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 6. I understand that I must request that my insurance company list the City of Denton as a "Certificate Holder" on my policy. Yes No I 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 optional reconstruction assistance 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 to accept this as my application to be considered for optional reconstruction assistance. Applicant's Signature Date 17 APPENDIX 4 CITY OF DENTON COMMUNITY DEVELOPMENT DIVISON HOME IMPROVEMENT PROGRAM OPTIONAL RECONSTRUCTION REHOUSING AGREEMENT THIS AGREEMENT, made and entered into on (Date document will be si.qned), by and between the City of Denton, Texas, and (Name of applicant si.qnin.q document) hereinafter referred to as Applicant. This agreement covers the dwelling 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. 2. 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. 3. 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. 4. 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. 5. The maximum budget authority for optional reconstruction assistance is (Maximum allowable funds for project), which includes, but is not limited to, property title search fee, the cost to demolish the existing dilapidated dwelling 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. 6. Applicant agrees to the time limitations as set forth in the Optional Reconstruction Guidelines in which to be moved from the substandard property. Applicant' Signature 2nd. Applicant' Signature Date Date CITY OF DENTON: Community Development Administrator 18 APPENDIX 5 HOME IMPROVEMENT PROGRAM NEW CONSTRUCTION ASSISTANCE APPLICATION AND QUESTIONNAIRE Your participation for new construction assistance is voluntary. Program funds are limited. Please complete the following questionnaire. This information will help our staff in determining if you will be eligible for new construction. I understand that the appraised value will include the cost of the new construction and the land and will be set by the Denton Central Appraisal District. This will cause your property value to increase significantly from the amount at which it is currently valued. Yes No I understand that an increase in my property value will cause my property taxes to increase by a significant amount. I am financially prepared to meet any increase. Yes No I 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. I am financially prepared to meet any increase. Yes No 5. I understand that I must request that my insurance company list the City of Denton as a "Certificate Holder" on my policy? Yes No I understand that The City of Denton is limited in the amount of funds they can spend for new construction. I have been briefed on these limits and understand that my eligibility for the Home Improvement Program will be granted only if it is determined that the total of all costs involved for new construction on 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 new construction of the Home Improvement Program. Applicant's Signature Date 2O APPENDIX 6 CITY OF DENTON COMMUNITY DEVELOPMENT PROGRAM HOME IMPROVEMENT PROGRAM NEW CONSTRUCTION HOUSING AGREEMENT 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 property located 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 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 take possession and occupy the new constructed 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. 2. 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 to the new constructed dwelling. 3. The maximum budget authority for new construction is (Maximum allowable funds for project), which includes, but is not limited to, property title search fee and cost of new construction of an adequate, decent, safe, and sanitary dwelling. Applicant' Signature Date 2nd. Applicant' Signature Date CITY OF DENTON: Community Development Administrator 21 APPENDIX 7 SPACE & AMENITY ALLOWANCES FOR RECONSTRUCTION & NEW CONSTRUCTION ACTIVITIES The City of Denton may provide replacement or new single-family modest, safe, energy-efficient, decent dwellings. Space and room limits for replacement housing are determined by household need. Replacement housing will provide up to the following: Provided Space 1 Kitchen 1 Laundry Alcove 1 Coat Closet 1 Living Area 1 or 2 Bathrooms* 1 Dining Area or Kitchenette 1 Food Pantry Closet and/or Cabinet 1 Linen Closet 2-3 Bedrooms*** W/Closets** 1 Attached (Non-Conditioned) Storage Area Maximum Square Feet Allowed (Within 1 percent high or low) 2 Bedrooms 1 bah 2 Bedrooms 2 bahs 3 Bedrooms 1 bah 3 Bedrooms 2 bahs 4 Bedrooms 2 bahs - 985 SF - 1040SF - 1100 SF - 1180 SF - 1225 SF (***must be approved) Amenities 1 Brick Mailbox 1 HVAC Unit (14-Seer AC) 1 Front Entry Door 1 50 gallon Water Heater 2-Car Driveway Space Programmable Thermostat 1 Energy Star Refrigerator 1 Ceiling fan per bedroom and 1 in Living Room 1 Front & 1 Rear Exterior Weatherproof Electrical Outlets 1 Rear or Side Entry Door 1 Front & 1 Rear Hose Bib 1 Attic Access Stairs Standard lighting including exterior safety lights front and back 1 4 burner Gas or Electric Range/single Oven (appliances if needed) Sod will be installed at a minimum of 5' wide around entire foundation/perimeter, 3' wide around sidewalks and driveway. Season-appropriate seed will be spread on remainder of un-sod yard. *A full bathroom may be made A.D.A. accessible to accommodate a physically handicapped household member. Household may also select a 1/2 or 3/4 bath in place of a second full bath, if desired. **Clothes closets will ideally, when possible, provide a minimum of 4' X 2' of space per bedroom. ***Determining Maximum Number of Bedrooms from household makeup: A household may select up to a 3 bedroom 2 bathroom house based on need. A fourth bedroom may be requested in writing when a household believes there is a valid need for the additional space. The Community Development Administrator approves requests on a case-by-case basis. Under no circumstances will this program provide space exceeding that described above. 22 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: October 5, 2004 Economic Development ACM: Mike Conduff, City Manager SUBJECT Consider adoption of an ordinance approving an amendmem to an Economic Development Agreement between the City of Denton, Texas and Denton Chamber of Commerce, including the funding of an image and Marketing project; and providing an effective date. BACKGROUND The City of DeNon originally emered imo an economic developmem agreemem with the Chamber of Commerce in 1986, officially charging the Chamber with the economic development marketing and business recruitment efforts. Over the years the contract have evolved, at times spelling out specific duties and levels of funding. The comract is automatically renewable each year, pending City Council approval of the funding for the program during the budget process. In September 2003, the City Council established the Economic Developmem Partnership Board. Under that ordinance, the Board was directed to review and recommend the annual budgets and work plans of the City and Chamber economic developmem programs. The proposed amendment to the contract reflects the establishment of the Board and its role regarding to the Denton Chamber of Commerce economic developmem program, in addition, the this amendmem provides for the funding of $84,000 this year for one-half of the image assessmem comract with Applied Behavioral Science, which Council supported by resolution on June 1 st of this year. ESTIMATED SCHEDULE OF PROJECT Upon approval, the contract will remain in effect until amended or until such time that the program is not funded by the City Council. Each year, the Economic Development Partnership Board will review and recommend the work plan and budget. PRIOR ACTION/REVIEW The Economic Developmem Partnership Board has reviewed and recommends approval of the DeNon Chamber of Commerce 2004-05 Work Plan and Budget. FISCAL INFORMATION Total City funding for the DeNon Chamber of Commerce for 2004-05 is $261,000. Of that amoum, $177,000 will fund operational and program costs and $84,000 is allocated for the Applied Behavioral Science image assessment contract. In addition, the Denton Chamber estimates they will collect $82,500 in private sector funds to complete their program funding. EXHIBITS Ordinance Contract Amendment Respectfully submitted: Linda Ratliff, Director Economic Development Department F:\users\JKWALTER\Agendas\October 5, 2004\Backup\Chamber Contract\Revised Chamber Ord-2004-2005.doc ORDINANCE NO. AN ORDINANCE APPROVING AN AMENDMENT TO AN ECONOMIC DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DENTON CHAMBER OF COMMERCE, INCLUDING THE FUNDING OF AN IMAGE AND MARKETING PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, by Resolution No. 2004-030, adopted by the City Council on June 1, 2004, the Council agreed to provide $84,000 toward the funding in the 2004-2005 City Budget; and WHEREAS, the Council deems that the funding of the Image and Marketing Project, and the changes to the contract to recognize the role of the Economic Development Board and other changes are in the public imerest and should be included in the Economic Developmem Agreement with the Chamber; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. City Council finds that the amendment to the Economic Development Agreemem serves a municipal and public purpose and is in the public imerest. SECTION 2. The Second Amendment to that Certain Consolidation Amendment of Economic Development Program Agreement between the City of Denton and the Denton Chamber of Commerce attached hereto and made a part hereof by reference (the "Amendmem") is hereby approved. The Mayor, or in her absence the Mayor Pro Tem is hereby authorized to execute the Amendment on behalf of the City of DeNon. The City Manager, or his designee is hereby authorized to carry out the City's rights and duties under the Amendmem including authorization for the expenditure of funds provided for in the Amendmem. The City Council finds that the Amendmem services valid municipal and public purposes and is in the public interest. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 SECOND AMENDMENT TO THAT CERTAIN CONSOLIDATION AMENDMENT OF ECONOMIC DEVELOPMENT PROGRAM AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON CHAMBER OF COMMERCE This Second Amendment to the Consolidation Amendment of the Economic Develop- ment Program Agreement Between the City of Denton and the Denton Chamber of Commerce, originally entered into on October 7, 1997, made between the City of Denton, Texas, a Texas municipal corporation ("City"), and the Denton Chamber of Commerce ("Chamber"), for the purpose of providing for a program under chapter 380 of the Texas Local Government Code to promote economic development through the joint effort of the parties hereto, hereinafter referred to as the "Consolidation Amendment", all in accordance with the Denton Chamber of Commerce Operations - Contracted Services 2005 request as shown on and incorporated in the Operations - Contracted Services for 2004-2005 which is attached to and made a part of this Agreement for all purposes. WHEREAS, on August 15, 1989, the City and the Chamber entered into an Agreement for an economic development program ("Base Agreement"); and WHEREAS, the Base Agreement has been amended five times, on August 2, 1994, Au- gust 15, 1995, July 24, 1996, and October 7, 1997, when the City, the Chamber, and the then Economic Development Corporation of Denton, Inc., ("EDC") entered into an agreement to have the EDC perform all the economic development functions assigned to the Chamber by the Base Agreement, and September 7, 1999 when the Consolidation Amendment was amended to assign all of the obligations of the Consolidation Agreement to the Chamber of Commerce due to the dissolution of the Economic Development Corporation of Denton; and WHEREAS, the above-mentioned ordinances and the original Base Agreement and all amendments thereto and the Consolidation Amendment with the Chamber constitute an economic development program under Tex. Loc. Gov't Code §380.001, whereby the City contracts with the Chamber- a non-profit organization- to provide economic development services; and WHEREAS, the parties now wish to enter into a Second Amendment to the Consolidation Amendment to amend support services and establish funding for the fiscal year ending September 30, 2005; NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS AND CONDITIONS SET FORTH HEREIN: SECTION 1. Section 4 "Support Services and Funding" of the Consolidation Amendment is hereby amended to read as follows: 4. Support Services and Funding. The Chamber shall provide the office space, equipment and support staff necessary to the operations of the Office. The Chamber shall solicit and contribute private sector funds in the mount of $82,500. The City shall provide funding in the mount of $177,000; $90,000 from the Utilities Fund and $87,000 from the General Fund. Thereafter, the City and Chamber shall renegotiate funding shares for subsequent years. City funding wilt be distributed on an annual basis on October t, 2004. In addition to the above amounts, the City agrees to provide the Chamber with fimding in the amount of $84,000.00 to be used for Phase I for the Image and Marketing Project under the Chamber's agreement with Applied Behavorial Science. Any funds provided by the City pursuant to this Agreement shall be retained in an account separate and segregated from the Chamber's general operating fund and shall only be used for the purposes provided for in this Agreement. The Chamber and the Office shall keep current and accurate records of all funds received and expended, which shall be subject to inspection and audit by the City at all reasonable times. A monthly financial statement showing all current revenues, expenditures, and unexpended funds of the Office shall be provided to the City. All such financial records shall be subject to the Texas Public Information Act, Tex. Gov't Code Ch. 552. Economic Development Partnership Board (EDPB) Created. In order to promote a program for economic development, the City Council adopted Ordinance 2003-258, creating the Economic Development Partnership Board on August 19, 2003. The EDPB members were appointed by City Council on September 16, 2003. The EDPB was charged with: Implementing the TIP Strategies Economic Development Action Plan adopted by City Council on May 20, 2003. Designing economic development incentive policies and recommending those policies to City Council for adoption. · Acting as the recommending body to the City Council for specific project economic development incentives. · Reviewing and recommending Annual Work Plans and Budgets for the Denton Chamber of Economic Development and City Economic Development Department. Duties of Office. Each year, the Annual Work Plan and Budget for the Denton Chamber of Commerce will define responsibilities and appropriate uses for funding as provided by this contract. SECTION 2. That Section 6 "Term: Termination" of the Consolidation Amendment is hereby amended to read as follows: 6. Term: Termination. This Agreement shall be effective for a term of one year fi:om the execution hereof, and shall be automatically renewable for successive periods of one year without the necessity of any action on the parties hereto, unless during any successive term, the City shall, after the initial funding provided for herein, fail to appropriate funding for any successive year, in which case this Agreement shall terminate. In any case, however, either party may terminate this Agreement by giving written notice to the other 30 days advance notice, in which case any unexpended funds provided by the City shall be returned to the City. SECTION 3. Save and except as amended hereby, all the original sections, subsections, paragraphs, phrases, and clauses of the Consolidation Amendment of October 7, 1997 and the Page 2 First Amendment of the Consolidation Amendment of September 7, 1999 shall remain in full force and effect. IN WITNESS HEREOF, the City has caused this Agreement to be executed by its duly authorized Mayor and the Chamber has caused this Agreement to be executed by its duly authorized President as authorized by its Board of Directors on this __ day of ,2004. CITY OF DENTON, TEXAS BY: EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CIT~r ATTORNEY CHAh/mER OF COMMERCE BY: PRESIDENT F3shareo'~3L~O~ Docu. t'ncnut\Omua~'~O~Ar, hamber m-~ndment.do¢ Page 3 DENTON CHAI{/IBER OF COMMERCE OFFICE OF ECONOMIC DEVELOPMENT ED Operations,- Contracted Services 2004-2005 Item 2003 BUDGET 2004 BUDGET 200'5 PROPOSED Change income: City of Denton 86,969 86,969 171,000 84,03'1 Denton Municipal Utilities ........... 89,968 89,968 90,000 32 Total Income 176,937 176,937,, 261,000 84,063 Disbursements: General Administration: Salaries 93,500 93,500 95,000 '1,500 Consultant/Temp Services 1,200 1,500 1,500 Accounting 1,800 1,800 2,000 200 Auto Allowance 4,200 4,200 5,400 '1200 Retirement 2,000 4,500 5,000 500 Payroll Taxes 8,000 8,000 8,000 Auto Mileage · 1,800 1,800 1,800 ..... Medical & Dental Insurance 4,500 5,500 11,000 5,500 Workers Comp Insurance 800 800 900 100 Audit 1,200 1,200 1,200 Telephone/DSL 7,200 7,200 7,200 Postage 2,000 2,000 2,000 Office Supplies .............. 1,500 1 ,'~'0~ 1,500 Train in g 3,500 2,500 2,000 -500 Rent/Utilities/Phone Eqmt./Parking 0 - Programs: Prospect Generation: Target Marketing 4,000 1,000 4,000 3000 Client Site Visits 2,300 1,500 2,000 500 Direct Mail 4,000 - "'1' :1'1500 .... 3500 Allies Development 3,000 1,500 3,000 1500 Business Expansion and Retention: Small Business Development Center 8,937 8,937 11,000 2063 Image Enhancement: Brand Image 13,000 20,000 84,000 64,000 Marketing Materials Upgrade Publications & Printing ................... 8,500 8,000 10,000 2000 ED Partnership Board Meetings ................... 1,000 1000 Total ~i'~'bursements .............. 176,937 176,937 261,000 84,063 DENTON CHAI~IBER OF COMMERCE ..... OFFICE OF ECONOMIC DEVELOPMENT Private Sector Account 2004-2OO5 ' ...... 2003 BUDGET '2004 BUDGET 2005 PROPC~'SED Change Income: Priyate sector Investment ' 70,000 50,000 82,500 32,500 Sponsorships . . 2,500 2,500 2,500 Misc. Income 2,500 - Private In-kind for Rent/Utilities 14,724 14,724 14,724 ..... Revenue drawn down from reserves 25,000 25,000 0 "'-25,000 Tot~'i' Inc.o,,me .... ,, 114,724 92,224 , 99,,,724 7,500 Expenditures: Image Enhancement ' Brand ima_g.e Campaigr~' ~8,000 25,000 25,000 Advertising Placement 28,500 7,500 7,500 Agency Costs 3,000 1,000 1,000 Allies Development: ..... Memberships ...... 3,500 3,500 3,500 Membership Meetings 5,000 5,000 5,000 DFW Marketing Team .... 2,000 ... L3,000 3,000 Sponsorships 2,500 2,500 2,500 Miscellaneous M~tings 2,000 2,000 2,000 " Allies Development 7,500 7,5~)0 7,50~ LoopNet Internet Real Estate Link 2,000 2,~000 2,000 Business 'Retention: Major E~ployers Appreciation ' 5,000 5,000 "' promotions: Promotional items " 5,000 5,~00 5,000" Trave.!..- Key Volunteers 2,500 - 2,500 2,500 investor Relations: ........ Investor Relations 2,500 10,000 12,000 2, 000 . .c. !v. i.c...U..?.b..e.?. ~ ? ........ ~. ........................ ~..,.0.0..0'~ ............ .~.,.5..0.0. ....... ~'. ........ .~.,~.0.0. ..... Overhead Expenses ... Rent/Utilities for 1,014 sf@ i4.55/ft 14,724 14,724 14,724 ..... ED Strategic Implementation Plan * 25,000 Total 1,,,14,724 92, ,2,24 99,724 7,500 · Money for ED ConSulting earmarked from reserve account Denton Economic Development Partnership Marketing Work Plan By Operating Budget 2004 - 2005 ED Operations (Pu.bl, ic}, PROSPECT GENERATION Target Marketing and Direct Mail: Participation in National Business Aviation Association (NBAA) w/North Texas Commission, International Council of Shopping Centers Annual Conference (ICSC) and direct mail campaigns. $5,5O0 Client Site Visits: Associated expenses to service clients as needed who have placed Denton on their list for relocation or expansion. $2,000 Brand Image: City's portion of funding for image assessment project conducted by consultant ABS Marketing. $84,000 Allies Development Promote Denton to Allies consisting of brokers, developers, site consultants, and utility partners through regional DFW Marketing Team. $3,000 BUSINESS EXPANSION AND RETENTION Small Business Development Services: Fund matching grant to North Central Texas College supporting staff and minimal overhead to provide initial free consulting to those starting new business ventures. $11,000 MARKETING MATERIALS Publications/Printing/Presentations: Update economic profile, demographic reports, site industrial Brochures, folders and aerial maps. $10,000 ED PARTNERSHIP BOARD Meetings: Host Partnership Board meetings and member's attendance at other functions. $1,000 Total Marketing program investment ED Operations (Public): $32,500 ED Private IMAGE ENHANCEMENT Brand Image Campaign Advertising Placement Dallas Business Journal Book of Lists and special ED section Fort Worth Business Press Book of Lists $25,000 $ 8,500 ALLIES DEVELOPMENT Memberships and associated meetings: Hold memberships and participate in key local, regional and national economic development organization meetings for prospect development and networking. (TEDC, IEDC, DAEDA, GFWAEDA, NTCAR, CORENet Global, etc.) $10,500 Allies Development and Sponsorships: Promote Denton to Allies consisting of area brokers, developers, site consultants, and utility partners, and through the regional DFW Marketing Team. $13,000 Internet Real Estate Link: Provide Interact real estate link (LoopNet) to Denton Chamber ED website to allow better accessibility of available land and buildings. $2,000 BUSINESS RETENTION Major Employers Appreciation Event: Host event to express appreciation for their presence in the community. $5,000 PROMOTIONS Promotions: Promote Denton to corporate decision-makers and Alhes by providing mementos such as promotional pens, leather jotters, polo shirts, etc. $5,000 TRAVEL Key Volunteers: Provide basic travel expense for Washington Fly-In, etc. $2,500 INVESTOR RELATIONS Investor/Community Relations: Provide opportunities for Investor interaction, communication and networking. Also maintain membership in Rotary. Total Marketing program investment for ED Private Budget: $13,500 $85,000 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: October 5, 2004 Planning and Development Department Jon Fortune J)14 SUBJECT - Z04-0028 (Denton Development Center) Hold a public hearing and consider adoption of an ordinance rezoning approximately 5.1 acres from Neighborhood Residential 4 (NR-4) zoning district to Neighborhood Residential Mixed Use (NRMU) zoning district. The property is generally located approximately 800 feet south of Audra Lane, on the west side of Loop 288. The Planning and Zoning Commission recommends approval (6-0). BACKGROUND Applicant: Baron Investments Ltd. Fort Worth, TX The applicant is requesting to rezone the subject property to an NRMU zoning district. Due to the Special Exceptions designation, elderly housing and office uses are currently permitted on the lot, however the applicant is requesting the zoning change in order to ensure the uses are allowed without being contingent upon the Special Exceptions designation. In addition, rezoning to an NRMU zoning designation will make the subject property compatible with the surrounding NRMU- 12 and NRMU zoning districts. Public notification and property owner responses are provided in Attachment 3. As of this writing, staff has received two written responses in favor and one in opposition from property owners within 200 feet of the subject site. Currently, 3.6% of the land within 200 feet of the subject property is in opposition to the request. OPTIONS 1. Approve as submitted. 2. Deny. 3. Postpone consideration. 4. Table item. RECOMMENDATION See Staff Analysis (Attachment 1). ESTIMATED PROJECT SCHEDULE The subject property is developed. PRIOR ACTION/REVIEW The following is a chronology ofZ04-0028: July 28, 2004, Planning & Zoning Commission recommended approval (6-0) to rezone approximately 5.1 acres from Neighborhood Residential 4 (NR-4) zoning district to Neighborhood Residential Mixed Use (NRMU) zoning district Ordinance 2002-040, adopted February 2002, placed the subject property in the Neighborhood Residential 4 (NR-4) zoning district and land use classification. Prior to the adoption of the Development Code (Ordinance 2002-040), the property was zoned Single-Family 7 (SF-7) with Specific Use Permit (SUP005) for a nursing home. ATTACHMENTS 1. Staff Analysis 2. Maps 3. Public Notification (Property Owner Notification Map) 4. Site Photo 5. July 28, 2004, Planning & Zoning Commission Meeting Minutes 6. Draft Ordinance Prepared by: Chris Fuller Planner II Respectfully submitted: Kelly Carpenter, AICP Director of Planning and Development ATTACHMENT 1 Staff Analysis Summary_ of Zoning Request The applicant is requesting to rezone approximately 5.1 acres from Neighborhood Residential 4 (NR-4) zoning district to Neighborhood Residential Mixed Use (NRMU) zoning district. The requested zoning change would allow elderly housing and office uses, as well as make the subject property compatible with the surrounding NRMU and NRMU-12 zoning designations. Existing Condition of Property An elderly housing facility exists on the property. Adjacent Zoning North: Neighborhood Residential Mixed Use 12 (NRMU- 12) zoning district South: Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district East: Planned Development 191 (PD-191) zoning district West: Neighborhood Residential Mixed Use 12 (NRMU- 12) zoning district The properties to the east, west, south and north are not platted and are primarily undeveloped Comprehensive Plan Analysis The subject site is located within the "Neighborhood Centers" future land use area. These areas may develop in conventional patterns or may be developed in a pattern of 'neighborhood centers'. Neighborhood centers are oriented inwardly, focusing on the center of the neighborhood and containing facilities vital to the day-to-day activity of the neighborhood. A neighborhood center might contain a convenience store, small restaurant, personal service shops, church or synagogue, daycare, individual office space, a small park and perhaps an elementary school. The request to rezone the subject property is compatible with the Future Land Use Plan (Neighborhood Centers) and with the surrounding zoning designations. The proposed zoning change is in compliance with the Denton Plan. Development Review Analysis Transportation Access to the site is limited to Loop 288. Public Infrastructure Adequate utilities capacity exists to serve the proposed use. Development Code/Zoning Analysis Due to the Special Exceptions designation, elderly housing uses are currently permitted on the lot. According to Section 35.11.3 of the Development Code, "Those lots, structures, and uses of land and structures which were lawful before this Chapter was adopted, but which would be prohibited, regulated, or restricted under the terms of this Ordinance are automatically given a Special Exception designation." While elderly housing uses are currently permitted on the lot, the applicant is requesting the zoning change in order to ensure the uses continue without the Special Exceptions designation. In the Neighborhood Residential 4 zoning district few commercial uses are permitted. The Neighborhood Residential Mixed Use zoning district allows a variety of commercial land uses, most with some type of limitation. Elderly housing, specifically, is permitted within the NRMU zoning district. The chart below illustrates the difference between the two zoning districts. Limitations for each use are explained below the chart. Single Family Dwellings P N Accessory Dwelling Units SUP (L1) N Attached Single Family Dwellings SUP L(40) Dwellings Above Businesses N P Live/Work Units N P Duplexes (L3) N Group Homes N SUP Multi-Family Dwellings N SUP (L4) Manufactured Housing Developments N N Semi-public, Halls, Clubs, and Lodges SUP P Adult or Child Day Care SUP P Kindergarten, Elementary School SUP P Elderly Housing N P High School N SUP Medical Centers N P Hotels N P Professional Services and Offices N L(17) Retail Sales and Services N L(17) Theaters Less that 1,000 Seats N L(14) Laundry Facilities N P Outdoor Recreation P SUP Broadcasting or Production Studio N L(14) Restaurant or Private Club N L(11) Drive-through Facility N SUP Quick Vehicle Servicing N SUP Bed and Breakfast N P Administrative or Research Facilities N L(14) L(1) - Accessory dwelling units are permitted, subject to the following additional criteria: (1) The proposal must conform with the overall maximum lot coverage and setback requirements of the underlying zone, (2) The maximum number of accessory dwelling units shall not exceed 1 per lot, (3) The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, and shall not exceed 1000 sq. ft. GHFA, (4) On additional parking space shall be provided that conforms to the off-street parking ~rovisions of this Chapter. L(3) - In part of a subdivision of 2 acres or more, up to 2 units may be attached by a common wall if the lots which contain the attached structures do not abut the perimeter lot lines of a subdivision, the individual common wall units are on separate lots designed to be sold individually, and they comply with the Subchapter 13. Additionally, units must have the appearance of a single family residence from the street. L(4) - Permitted as part of a mixed-use development of ten acres or more and only in conjunction with office, retail or other permitted uses. L(11) - Limited to sit down only no take out service and no drive up service permitted. Limited to no more than 100 seats and no more than 4,000 square feet of restaurant area. L(17) - Uses are limited to no more than 25,000 square feet of gross floor area per use, except grocery stores may be larger with approval of an SUP. L(40) - Limited to a maximum 12 units per acre. The limitations listed above regulate the specifics of each use allowed within the zoning district. Any proposed development on this site is required to be in compliance with the site design standards of the Development Code. An approved site plan for the proposed development will be required prior to the issuance of any building permits. Staff Findings The proposed zoning change is compatible with neighboring zoning designations and is in compliance with the intent of the Denton Plan. Staff Recommendation Based on the above findings, staff recommends approval of the requested zoning change. ATTACHMENT 2 Location/Zoning Map NR-2 NORTH Land Use Map II Note: Shaded parcels currently zoned NRMU & NRMU-12. ATTACHMENT 3 Notification Map NORTH Limits of 500' Notification ;la~o'r '~~ ..... JD.RA I ~ SIT: ' I I Umits of 20~' _ ~°tificati°n _ Scale: None Public Notification Date: July 13, 2004 200' Legal Notices* sent via Certified Mail: 7 Number of responses to 200' Legal Notice: · In Opposition: 1 · In Favor: 2 · Neutral: 0 *A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 ATTACHMENT 4 Zoning Notifcation Sign 1 2 3 4 5 6 7 8 9 l0 !1 12 13 14 15 16 17 [8 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CondcnscltTM Page 9 COMMISSIONER POWELL: NOW, I will re-open -- or I will open a hearing on Item 4B, which is rezoning of approximately 5.1 acres from the neighborhood residential 4 -- (Discussion off the record with attorney.). COMMISSIONER POWELL: I'm going to try this again. I'm going to open a public hearing on Item 4B, rezoning of approximateIy 5.1 acres from the Neighborhood Residential 4 zoning district to the Neighborhood Residential Mixed Use ~V, MU zoning District. The property is generally described -- excuse me, is generally located approximately 800 feet south of Audra Lane on the west side of Loop 288. IVh'. Fuller. MR. FULLER: Good evening, and thank you. The applicant is requesting to rezone approximately 5.1 acres from the NR-4 zoning designation to the ~aMU zoning designation. With the current NR-4 zoning designation elderly houses are -- elderly housing and office uses are not permitted. However, this lot, specifically, is altowed to operate elderly housing and office uses due to a special exception designation. The applicant is requesting to rezone this property to the Ntmu zoning district ia order to not be reliant or contingent upon a special exceptions designation. Additionally, rezoning tbis property to the Page 10 ~u~J zoning district will make it compatible with the sm~roundiag ~qamt~-12 and NRMU zoning designations. Staff has ~rceived one response in opposition from property owners within 200 feet of the property. Current opposition is 3.6 percent. Staff finds that thc request is in compliance with the Denton Plan and is compatible with the zoning of the adjacent properties. Staff recommends approval of the zoning request. Thank you. COMMISSIONER POWELL: Ale there any questions from the -- from the Co,mnission of staff? Mr. Roy. COMMISSIONER ROY: HOW did this get to be N~-4 itt the first place? MR. FULLER: originally, with the old Code prior to 2002, this was zoned NR-4 -- or C'xcuse mo, SF-7, single-family 7. A Specific Use Pcmfit was granted that allowed the elderly housing usages. When we rezoned in 2002, a matrix was used, which essentially going from to NR-4 was the most compatible use, however, you can see that there was a disconnect. So the applicant is requesting to rezone in order to continue the uses. COMMISSIONER POWELL: I don't so~ any other names up here on the board, so I'm assmning there's no othm' questions of staff. I will open this up to the 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 PLANNING AND ZONING JULY 28TH, 2004 MINUTES Page 11 public. I won't make that mistake again and ask if there's anybody in the public who would like to speak for or against this issue? We doWt have any cards. See/ag no speakers, I will close the public hearing and go back to the Commission. Mr. Johnson. COMMISSIONER JOHNSON: yeah. I reconm-tend that we approve this as requested. COMMiSSiONER POWELL: we have a motion -- COMMISSIONER HOLT: second. COMMISSIONER POWELL: -- to approve. A second by Ms. Holt. Any other discussion here? rll call for a vote. Motion passes 6-0. Page 12 Page 9 - Page 12 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 4 (NR-4) ZONING DISTRICT TO THE NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 5.1 ACRES OF LAND LOCATED APPROXIMATELY 800 FEET SOUTH OF AUDRA LANE, ON THE WEST SIDE OF LOOP 288 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z04-0028) WHEREAS, Baron Investments Ltd. has applied for a change in zoning for approximately 5.1 acres of land located approximately 800 feet south of Audra Lane, on the west side of Loop 288 and more particularly described in Exhibit "A" attached hereto and made a part hereof as Exhibit "A" (the "Property") from Neighborhood Residential 4 (NR-4) zoning district to Neighborhood Residential Mixed Use (N-RMU) zoning district classification and use designation; and WHEREAS, on July 28, 2004, the Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the change is consistent with the Comprehensive Plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The zoning district classification and use designation of the Propertyis hereby changed from Neighborhood Residential 4 (NR-4) zoning district to Neighborhood Residential Mixed Use (NRMU) zoning district classification and use. SECTION 2. The City's official zoning map is amended to show the change in zoning district classification. SECTION 3. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 4. Anyperson violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 5. This ordinance shall become effective fourteen (14) days fi.om 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, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the __ day of ., 2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: P~kGE 2 Exhibit A AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: October 5, 2004 Airport and Transit Operations Jon Fortune ~ SUBJECT Consider an ordinance authorizing the City Manager, as Demon's authorized represemative, to accept on behalf of the City of Denton an offer from the Texas Department of Transportation (TxDOT) relating to a gram for certain improvemems to the Demon Municipal Airport, confirming agreement to pay a portion of the total project costs; and providing an effective date. BACKGROUND As part of cominued airport developmem and following recommendations outlined in the 2003 Airport Master Plan, TxDOT is offering an opportunity to receive grant funds to be applied to the engineering and design of the proposed north extension of the runway by 1,000 feet. The Denton Airport has been scheduled in the TxDOT FY 2005 and FY 2006 CIP for an estimated $4,730,000 gram project relating to the proposed runway extension. This will be a 90:10 match where the local sponsor, City of Demon, will fund 10 percem of the total design and construction costs. TxDOT is breaking the project imo two phases; land acquisition (real estate) and design will be phase one and construction is the second phase. TxDOT officials have requested that the City of Denton provide documentation of support and acceptance of the overall project through the attached proposed ordinance by October 15, 2004. As part of the support of the project, TxDOT is requesting the City certify that funding is in place and available for phase one, real estate and design. TxDOT has estimated the cost of the first phase of the project at $965,000. The City's 10 percent share for Phase I is $96,500. It is important to note that committing to phase one of the project will require commitment to phase two, construction. This commitment would require idemifying an additional $376,500 of local share for construction within two years. This will result in an estimated total local of $473,000, ten percem of the $4,730,000 project cost. A public hearing will be held on October 22, 2004 prior to the November 2004 Texas Transportation Commission meeting. The Texas Transportation Commission will then review and consider this project at the November 18, 2004 meeting. PRIOR ACTION/REVIEW The Airport Advisory Board has been briefed and unanimously recommends approval of the proposed ordinance. Staff recommends approval of the proposed ordinance to accept the offer. ESTIMATED SCHEDULE OF PROJECT If approved by the Texas Transportation Commission on November 18, 2004, TxDOT will request the City of Denton to enter into an Airport Project Participation Agreement by December 31, 2004. Then a nine (9) to twelve (12) month environmental analysis and engineering phase will begin. Upon completion of the environmental analysis, engineering phase and upon completion of land acquisition, a twelve (12) month construction phase would be initiated. A separate grant agreement will be required for the construction phase. FISCAL INFORMATION This is a 90:10 match grant project. TxDOT, Aviation Division estimates the total design, real estate and construction costs of the runway extension project at $4,730,000. The City of Denton will be responsible for 10% of total project costs, $473,000. The estimated cost for the design phase and real estate is $965,000 and the City's share of this cost is estimated at $96,500. TxDOT is requesting the City certify funding in the amount of $96,500 is available for design and real estate costs. The Airport currently has $320,000 available in CIP Bond funds or services that can be considered as in kind contribution. Funding for the second phase construction is not currently in place. Staff has submitted the project as a critical needs project to be considered by the CIP Committee for inclusion in the 2005 CIP bond package. EXHIBITS Certification of Project Funds Designation of Project Representative Ordinance Respectfully submitted: Mark Nelson, Director Airport and Transit Operations CERTIFICATION OF PROJECT FUNDS I, Kathy DuBose , Assistant City Manager, Fiscal & Municipal Services , (Name) (Title) do certify that sufficient funds to meet the City of Denton share of project costs as identified for the project and will be available in accordance with the schedule shown below: SPONSOR FUNDS Source Amount 2001 G.O. Bonds $220,000 Date Available October 2000 2002 C.O. Bonds $100,000 October 2003 City of Den~ton, Texas Title: ACM, Fiscal & Municipal Services Date: DESIGNATION OF SPONSOR'S AUTHORIZED REPRESENTATIVE I, Michael A. Conduff , City Manager , (Name) (Title) with the City of Denton designates Mark Nelson, Dir. of Airport and Transportation Operations as the City of Denton authorized representative for the Runway Extension project, who shall have the authority to make approvals and disapprovals as required on behalf of the City of Denton. City of Demon, Texas (Sponsor) By: (Signature) Title: City Manager Date: DESIGNATED REPRESENTATIVE Mailing Address: 215 East McKinney Denton, Texas 76201 *Physical/Overnight Address 5000 Airport Road Denton, Texas 76207 Telephone Number: 940-349-7702 Fax Number 940-349-7289 E-Mail Address: manelson~cityofdemon.com * ALL GRANT AGREEMENTS ARE SENT BY OVERNIGHT MAIL S:\Our Documents\Ordinances\04\txdot airport gram resolution.doc ORDINANCE NO. A ORDINANCE AUTHORIZING THE CITY MANAGER, AS DENTON'S AUTHORIZED REPRESENTATIVE, TO ACCEPT ON BEHALF OF THE CITY OF DENTON AN OFFER FROM THE TEXAS DEPARTMENT OF TRANSPORTATION (TxDOT) RELATING TO A GRANT FOR CERTAIN IMPROVEMENTS TO THE DENTON MUNICIPAL AIRPORT; CONFIRMING AGREEMENT TO PAY A PORTION OF THE TOTAL PROJECT COSTS; AND PROVII)ING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas, intends to make certain improvements to the Denton Municipal Airport relating to extension of the runway; and WHEREAS, the general description of the project is described in Exhibit "A" which is attached hereto and made a part hereof for all purposes; and WHEREAS, the City of Denton intends to request financial assistance from the Texas Department of Transportation (TxDOT) for these improvements; NOW, THEREFORE, THE COUNCIL OF THE CiTY OF DENTON HEREBY ORDAINS: SECTION 1. The City of Denton, Texas, hereby directs the City Manager to execute on behalf of the City of Denton, at the appropriate time, and with the appropriate authorizations of this governing body, all contracts and agreements with the State of Texas, represented by the Texas Department of Transportation (TxDOT), and such other parties as shall be necessary and appropriate for the implementation of the improvements to the Denton Municipal Airport referenced in Exhibit "A." SECTION 2. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2004. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: EUL1NE BROCK, MAYOR APPROVED AS L GAL OR : By:HERBER~~F-'2TTORNEY' EXHIBIT A FY 2005 State Grant Description Runway Extension The State will participate in a 90:10 grant match for design, real estate and construction of the proposed runway extension. The estimated total cost for Phase I of the Runway Extension, design and real estate, project is $965,000. The estimated ten percent sponsor share (City of Denton) for Phase I of the project is $96,500. Total project cost as estimated by TxDOT, Aviation Division, is $4,730,000. Estimated matching share by TxDOT for the Runway Extension project is $4,257,000. Total estimated cost for sponsor, Phase I (design and real estate) and Phase II (construction) is $473,000. AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET October 5, 2004 Materials Management Questions concerning this acquisition may be directed to Bruce Henington 349- 8134 Kathy DuBose ~ SUBJECT Consider adoption of an Ordinance accepting sealed proposals and awarding a contract for architectural services for the design and construction oversight of an airport terminal for the City of Denton Municipal Airport; providing for the expenditure of funds therefore and providing an effective date (RFSP 3204- Architectural Services for Design and Construction Oversight of Airport Terminal awarded to GRW Willis, Inc. in the base proposal amount of $55,120 plus a reimbursable amount not to exceed $1500 for the terminal building and $17,252 for the auto parking/access portion of the contract for a total award amount of $73,872). RFP BACKGROUND The City of Denton solicited proposals to contract for Architectural Services associated with the design and construction oversight of a terminal building at the Denton Municipal Airport. Responses were received from five qualified architect/engineering firms. The respondents are listed below. GRW Willis, Inc. Arlington, TX Nelson Morgan Architects Denton, TX Kirkpatrick Architecture Studio Denton, TX WRA Architects, Inc. Dallas, TX Booziotis & Company Dallas, TX A diversified Committee consisting of staff from Facilities Management, Airport, Purchasing, and the Airport Advisory Board Chairperson, ranked the five proposals. The criteria used for the ranking are shown in Attachment 1. The Committee then developed a short list of three firms, Kirkpatrick Architecture Studio, Nelson Morgan Architects and GRW Willis, Inc. Each firm gave a presentation followed by a prescribed interview process. The scope of this project included more than just the design of a terminal building. It involved consideration of the access and egress of aircraft from the runway/taxi area to the parking area to the terminal building. It also involved location consideration per the Airport Master Plan for such items as fueling sites, fixed base operations (FBOs), future expansion, and parking areas. Based upon the firm's written proposal, on site presentation, and interview content, the Committee unanimously selected GRW Willis, Inc. as the most qualified professional service provider for this project. GRW Willis, Inc. has just completed and/or has under construction over nineteen airport terminal buildings all across Texas. These locations include Kerrville, Weslaco, Dallas Executive Airport, Mesquite, Del Rio International Airport, Greenville, Alpine, San Marcos, and Gainesville. GRW Willis has over thirty years of experience in airport and general aviation architectural, planning, and environmental issues. Airports make up almost 100% of their practice therefore; they are very lmowledgeable of Federal Aviation Agency (FAA) and Texas Department of Transportation (TXDOT) Aviation Division requirements. Under state law for acquisition of professional services, the committee was charged with recommending the most qualified service provider for the project. RECOMMENDATION We recommend this two part contract for professional services, be awarded to GRWWillis, Inc. in the base proposal amount of $55,120 plus a reimbursable amount not to exceed $1500 for the terminal building and $17,252 for the auto parking/access portion for a total award amount of $73,872. In addition, the section of the contract titled "Additional Pricing" includes costs that will only be added if required or requested by the City of Denton. PRINCIPAL PLACE OF BUSINESS GRW Willis, Inc. Arlington, TX ESTIMATED SCHEDULE OF PROJECT This project is estimated to take approximately eight months from design through completion of construction. FISCAL INFORMATION Funding availability for these two projects are available from two separate TXDOT Aviation Grants and 50/50 matching local funds in the following amounts. Terminal Building $300,000 $300,000 TXDOT Grant Terminal Building Local Match Paring/Access Area $100,000 $100,000 Total $800,000 TXDOT Grant Parking Access Area Local Match Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Ranking Criteria 1-AIS-RFSP 3204 Attachment 1 RFSP 3204 Criteria for Ranking Proposals Proposals will be compared/evaluated on the basis of the following: 1. Make up and resume of team members = 10% 2. Proposer's previous successful project history with public facilities and Airport Terminal design and construction = 30% 3. Proposer's experience in determining the value of utilization or non- utilization of existing structures in the final design = 20% 4. Qualifications of the Proposer and ability to perform the work = 20% 5. Experience with FAA and TX DOT Aviation Division grant terms and conditions = 20% ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) WiTH GRW WiLLiS, INC. FOR THE DESIGN OF THE A CONSTRUCTION OVERSIGHT OF AN AIRPORT TERMINAL AS SET FORTH iN THE CONTRACT, AND PROVIDING AN EFFECTIVE DATE (PSA 3204-PROFESSIONAL SERVICES AGREEMENT FOR DESIGN AND CONSTRUCTION OVERSIGHT OF AIRPORT TERMINAL AWARDED TO GRW WILLIS, iNC. IN THE BASE PROPOSAL AMOUNT OF $55,120 PLUS A REIMBURSABLE AMOUNT NOT TO EXCEED $1500 FOR THE TERMINAL BUILDING AND $17,252 FOR THE AUTO PARKING/ACCESS PORTION OF THE CONTRACT FOR A TOTAL AWARD AMOUNT OF $73,872). WHEREAS, The professional services provider (the "Provider) memioned in this ordinance is being selected as the most highly qualified on the basis of its demonstrated competence and qualifications to perform the proposed professional services; and WHEREAS, The fees under the proposed comract are fair and reasonable and are consistem 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 i. That the City Manager is hereby authorized to emer imo a professional service comract with GRW Willis, inc. to provide professional architectural and related services for the construction oversight and design of an airport terminal for the City of DeNon Airport a copy of which is attached hereto and incorporated by reference herein. SECTION ii. The City Manager is authorized to expend funds as required by the attached contract. SECTION iii. The findings in the preamble of this ordinance are incorporated herein by reference. SECTION IV. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2004. BY: EULiNE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY ATTACHMENT A PROFESSIONAL SERVICES AGREEMENT FOR ARCHITECT OR ENGINEER THIS AGREEMENT is made and entered into as of the day of ., 2004, 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 GRW Willis, Inc., with its corporate office at 1161 Corporate Drive West, Suite 170 Arlington, TX 76006 hereinafter called "Design Professional," acting herein, by and through their duly authorized representatives. In consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: SECTION 1 EMPLOYMENT OF DESIGN PROFESSIONAL The Owner hereby contracts with the Design Professional, a licensed Texas architect or engineer, as an independent contractor. The Design Professional hereby agrees to perform the services as described herein and m the Proposal, the General Conditions, and other attachments to this Agreement that are referenced in Section 3, in connection with the Project. The Project shall include, without limitation, (descr/be the Project in the space below or in an attachment) Architectural Design and Construction Oversight of A/rport Terminal Building for City of Denton Municipal Airport Page S:Xprch\Contracts DocumentsX3204-Architect Professional Agrmt. doc COMPENSATION The Owner shall compensate the Design Professional as follows: 2.1 BASIC SERVICES 2.1,1 For Basic Services the total compensation shall be $73,872. 2.1.2 Progess payments for Basic Services shall be pa/d in the following percentages for of the total compensation for the Basic Services satisfactorily completed at the end of the following phases of the Project: Schema6c Design Phase Design and Development Phase Construct/on Document~ Ph~s~ Biddin~ Pha~ Comtmction Phase I~% 19__% ~% 2,2 ADDITIONAL SERVICES 2,2,1 Compe~ation for Additional Services is as follows: Architect $ 78 per hour Structural Engineer Mechanical Engineer Civil Engineer Technical Staff Clerical Staff $ 80 per hour $ 80 per hour $ 80 per houx $ 43 per honr $ 32 per hour 2,2,2 Compensation for Additional Services of consultants, including additional structural, mechanical and eluctrical engineering seu-vi~ shall be based on a multiple ot 1.10 ~ the amounts billed to the Design Professional for such additional services, (See Exhibit A) 23 REIMBURSABLE EXPENSES Reimbursable Expenses shall be a multiple of ~ times the expenses recurred by the Design Professional, the Design Professional's employees and consultants in the interest of the Project as defined in the General Conditions but not to exceed a total of $1500 without the prior written approval of thc Owner. Pa~ 2 SECTION 3 ENTIRE AGREEMENT This Agreement Jn¢lude~ Kills executed agreement ~.nd the following documents all of which are attached hereto and mad~ a part hereof by reference ~s if fully set forth herein: 1. City of Den~ Oeneral Conditions to Agreement for Architectural or Engineering Services. 2. The Design Professional's Proposal (Exhibit A) This Agreem~mt is signed by t~e l:~xties hereto effective ~s of the ~te ffu~'t above written. CITY OF DENTON ATTEST: $ENNLFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: BY: MICHAEL A, CONDUFF CITY MANAGER WITNESS: BY: Firm's Officer/Represen~tive <~arles Willis, Vice Page 3 CITY OF DENTON GENERAL CONDITIONS TO AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES ARTICLE 1. ARCHITECT OR ENGINEER'S RESPONSIBILITWS 1.1 The Architect or Engineer's services consist of those services for the Project (as defined in the agreement (the "Agreexnent") and proposal (the "Proposal") to which these General Conditions are attached) performed by the Architect or Engineer (hereina~ called the "Design Professional") or Design Professional's c~mployees and consultants as enumerated in Articles 2 and 3 of these General Conditions as modified by the Agreement and Proposal (the "Services"). 1.2 The Design Professional will perform all Services as an independent contractor to the prevailing professional standards consistent w/th the level of care cad skill ordinarily exercised by m~m~s of the same profession currently practicing in the same Iocality under similar conditions, including reasonable, informed judgments and prompt thmely actions (the "Degree of Care"). The Services shall be performed as expeditiously as is consistent with the Degree of Care necessmy for the orderly progress of the Project. Upon request of the Owner, the Design Professional shall submit for the Owner's approval a schedule for the performance of the Sexvices which may be adjusted as the Project proceeds, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule and approved by the Owner shall not, except for reasonable cause, be exceeded by the Design Professional or Owner, and any adjusm~ents m this schedule shall be mutually acceptable to both parties. ARTICLE 2 SCOPE OF BASIC SERVICES 2.1 BASIC SERVICES DEFINED The Design Professional's Basic Services consist of those described in Sections 2.2 through 2.6 of these General Conditions and include without limitation normal structural, civil, mechanical and electrical englnechng services and any other engineering services necessary to produce a complete and accurate set of Consm~ction Documents, as described by and required in Section 2.4. The Basic Services may be modified by the Agreement 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Design ProfessionaI, in consultation with the Owner, shall develop a written program for the Project to ascertain Owner's needs and to establish the requirements for the Project. 2.2.2 The Design Professional shall provide a preliminary evaluation of the Owner's program, construction schedule and construction budget requirements, each in terms of the other, subject to the limitations set forth in Subsection 5.2.1. 2.2,3 The Design Professional shall review with the Owner altemative approaches to design and construction of the Project. 2.2.4 Based on thc mutually agreed-upon program, schedule and construction budget requirements, the Design Professional shall prepare, for approval by the Owner, Schematic Design Documonts consisting of drawings and other documents iltastmfing the scale and relationship of Project components. The Schematic Design shall contemplate compliance with all applicable laws, statutes, ordinances, cedes and regulations. 2.2.5 The Design Professional shall submit to the Owner a preliminary detailed estimate of Construction Cost based on current area, volume or other unit costs and which indicates the cost o f e ach category o f work involved in c onslructmg the Project and establishes a n e Iapsed time factor for the period o f time from the commencement to the completion of construction. 2.3 DESIGN DEVELOPMENT P}IASE 2.3.1 Based on the approved Schematic Design Documents and any adjustmonts authorized by the Owner in the program, schedule or construction budget, the Design Professional shall prepare for approval'by the Owner, Design Development Documonts cons/sting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate, wkich shall comply with all applicable laws, statutes, ordinances, codes and regulations. Notwithstanding Owner's approval of the docum~ts, Design Professional represents that the Documents and specifications will be sufficient and adequate to fulfill the purposes of the Project. 2.3.2 T~e Design Professional shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost in a farther DetaiIcd Statement as described in Section 2.2.5. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.i Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Design Professional shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail requirements for the construction of the Project, whicl~ shall comply wit~ all applicable laws, statutes, ordinances, codes and regulations. 2.4.2 The Design Professional shall assist the Owner in the preparation of the necessary bidding or procurement information, bidding or procurement forms, the Conditions of the conWact, and the form of Agreement between the Owner and contractor. 2.4.3 The Design Professional shall advise the Owner ofany adjustments to previous prelim/nary estimates of Construction Cost indicated by ckanges in requirernents or general market conditions. 2.4.4 The Design Professional shall assist the Owner in connect/on with thc Owner's responsibility for fiting documents required for the approval of governmental authorities hay/ag jurisdiction over the Project. 2.5 CONSTUCTION CONTRACT PROCUREMENT 2.5.1 The Design Professional, following the Owner's approval of the Construction Documents and of the latest preliminary detailed estimate of Construction Cost, shall assist thc Owner in procuring a construction contract for the Project through any procurement method that is legally appIicable to the Project including without Page 4 S:\prch\Contracts Documents\3204-Arehitect Professional Agrmt.doc limitation, the competitive sealed bidding process+ Although the Owner will consider the advice of the Design Professional, the award of the construction contract is in the sole discret/on of the Owner. 2.5.2 Il'the construction con~act mount for the Project exceeds the total construction cost of the Project as set forth in the approved Detailed Statement of Probable Construction Costa of the Project submitted by the Design Professional, then the Design Professional, at its sole cost and expense, will revise the Construction Documents as may be required by the Owner to reduce or modify the quantity or quality of the work so that the total construction cost of the Project will not exceed the total construction cost set forth in the approved Detailed Statement of Probable Construction Costs. 2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Design Professional's responsibility to provide Basic Services for the Construction Phase under tl'fis Agreement commences with the award of the Con~xact for Construction and terminates at the issuance to the Ovmer of the final Certificate for Payment, unless extended under the terms of Subsection 8.3.2. 2.6.2 The Design Professional shall provide detailed administration of the Contract for Construction as set forth below. For design professionalss the administration shall also be in accordance with AIA document 32201, General Conditions of the Contract for Construction, current as of the date of the Agreement as may be amended by the City of Denton special conditions, unless otherwise provided in the Agreement. For engineers the administration shall also be in accordance with the Standard Specifications for Public Works Construction by the North Central Texas Council of Govemments, current as of the date of the Agreement, unless otherwise provided in the Agreement. 2.6.3 Construction Phase duties, responsibilities and limitations of authority of the Design Professional shall not be restricted, modified or emended without written agreenumt of the Owner and Design Professional. 2.6.4 The Design Professional shall be a representative of and shall advise and consult with the Owner (1) during construction, and (2) at the Owner's direction from time to time during the correction, or warranty period described in the Contract for Construction. The Design Professional shall have authority to act on behalf of tbe Owner only to the extent provided in the Agreement and these General Conditions, unless otherwise modified by written instmmont. 2.6.5 The Design Professional shall observe the construction site at least one time a week, while construction is in progress, and as reasonably necessary while construction is not in progress, to become familiar with the progress and quality of the work completed and to determine if the work is being performed in a manner indicaffng that the work when completed wiI1 be in accordance with the Contract Documenta. Design Professional shall provide Owner a written report subsequent to each on-site visit. On the basis of on-site observations the Design Professional shaI1 keep the Owner informed of the progress and quality of the work, and shall exercise the Degree of Care and diligence in discov~ng and promptly reporting to the Owner any observable defecta or deficiencies in the work of Contractor or any subcontractors. The Design Professional represents that he will follow Degree of Care in performing all Services under the Agreement. The Design Professional shall promptly correct any defective designs or specifications furnished by the Design Professional at no cost to the Owner. The Owner's approval, acceptance, use of or payment for all or any part of the Design Professional's Serv/ces hereunder or of the Project itself shall in no way alter the Design Professional's obligations or the Owner's rights hereunder. 2.6.6 The Design Professional shall not have control over or charge of and shall not be respons~le for conslmction moms, methods, techniques, sequences or procedures, or for safe~y precautions and programs in connection with the work. The Design Professional shall not be responsible for the Contractor's schedules or failure to carry out the work ia accordance with the Contract Documents except insofar as such failure may result from Design Professional's negligent acts or omis- sions. Thc Design Professional shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agenta or employees, or of any other persons performing portions of the work. 2.6.7 The Design Professional shall at all times have access to the work wherever it is in preparation or progress. 2.6.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall communicate through the Design Professional. Communications by and with the Design Professional's consultants shall be through the Design Professional. 2.6.9 Based on the Design Professional's observations at the site of the vmrk and evaluations of the Contractor's Applications for Payment, the Design Professional shall review and certify the amounts due the Contractor. 2.6.10 The Design Professional's certification for payment shall constitute a representation to the Owner, based on the Design Professional's observations at the site as provided in Subsection 2.6.5 and on the data comprising the Contractor's Application for Payment, that the work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documenta. The foregoing representations are subject to m/nor deviations fi'om the Contract Documents cor- rectable prior to complelion and to specfific qualifications expressed by the Design Professional. The issuance ora Certificate for Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a represemation that the Design Professional has (I) reviewed construction means, methods, techniques, sequences or procedures, or (2) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.11 The Design Professional shall have the responsibility and authority to reject work which does not conform to the Contract Documents. Whenever the Design Professional considers it neoessmy or advisable for implementation of the intent of the Con~ract Documents, the Design Professional will have authority to require additional inspection or testing of the work in accordance with the provisions of the Cen~act Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Design Professional nor a decision made in good faith either to exercise or not exarcise such authority shall give rise to a duty or responsibility of the Design Professional to the Contractor, Subcontractors, material and equipment suppliers, their agenta or employees or other persons performing portions of the work. 2.6.12 The Design ProfessionaI shall review and approve or take olher appropriate action upon Contractor's subrnittals such as Shop Drawings, Product Data and Samples for the purpose of (1) detenn/ning compliance with applicable laws, statutes, ordinances and codes; and (2) determining whether or not the work, when completed, will be in compliance with the requirements of the Contract Documents. The Design ProtEssional shall act with such reasonable promptness to cause no delay in the work or in the construction of the Owner or of separate contractors, while allowing sufficient time in the Design Professional's professional judgment to permit adequate review. Ray/ow of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantifies or for substantiating instmclions for installation or performance of equipment or systems designed by the Con~cactor, ail of which mn the responsibility of the Contractor to the extent required by the Contract Documenta. The Design Professional's r~view shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Design Professional, of eonslruction means, methods, techniques, sequences or procedures. The Design Professional's approval of a specific item shall not/ndicate approval of an assembly of which the item is a component. When professional certification ofp~formance cb. aracterisfics Page 5 S:\prch\Contracts Doeumenta\3204-Architect Professional Agrmt.doc of materials, systems or equipment is required by the Conmtct Documents, the Design Professional shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. 2.6.13 The Design Professional shall prepare Change Orders and Construction Change Directives, w/th suppoffing documentation and data if deemed necessary by the Design Professional as provided in Subsections 3.1.1 and 3.3.3, for the Owner's approval and execution in accorga~ce with the Contract Documents, and may authorize minor changes in the work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. 2.6.14 On behalf of the Owner, the Design Professional shall conduct inspections to delermine the dates of Substantial Completion and Final Completion, and if requested by the Owner shall issue Certificates of Substanta[ and Final Completion. The Design Professional will receive and review written guarantees and related documents required by the Contract for Construction to be assembled by the Contractor and shall issue a final certificate for Payment upon compliance w/th the requirements of the Contract Documents. 2.6.15 The Design Professional shall interpret and provide recommendations on matters concerning performance of thc Owner and Contractor under the requirements of the Contract Documents on written request of either the Owner or Contractor. The Design Professional's response to such requests shall be made with reasonable prompmess and within any time limits agreed upon. 2.6.16 Interpretations and decisions of the Design Pmfeasional shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Design Professional shall endeavor to secure faithful performance by both Owner and Contractor, and shall not be liable for results or interpretations or decisions so rendered in good faith in accordance with all the provisions of this Agreement and in the absence of negligence. 2.6.17 The Design Professional shall render written decisions within a reasonable time on ail claims, disputes or other matters in question between the Owner and Contractor relating to the execution or progress of the work as provided in the Contract Documents. 2.6.18 The Design Professional (1) shall render services under the Agreement in accordance with the Degree of Care; (2) will reimburse the Owner for all damages caused by the defective designs the Design Professional prepares; and (3) by acknowledging payment by the Owner of any fees due, shall not be released from any rights the Owner may have under the Agreement or diminish any of the Design Professional's obIigafions thereunder. 2.6.19 The Design Professional shall provide the Owner with four sets of reproducible prints showing all significant changes to the Construction Documents during the Construction Phase. ARTICLE 3 ~DDmONAL SERVICES 3.1 GENERAL 3.1.I The services described in this Article 3 are not included in Basic Services unless so identified in the Agreement or Proposal, and they shal[ be paid for by the Owner as provided in the Agreement, in addition to the compensation for Basic Services. The serv/ees descn'oed under Sections 3.2 ,.nd 3.4 shaIl only be provided if authorized or confirmed in writ/ng by the Owner. If services described under Contingent Additional Se~ices in Section 3.3 are required due to circumstances beyond the Design Professienal's control, the Design Professional shalI notify the Owner in writing and shall not commence such additional services until it receives written approval from the Owner to proceed. If the Owner indicates in writing that all or part of such Contingent Additional Services are not required, the Design Professional shall have no obligation to provide those services. Owner will be responsible for crating the Design Professional for Contingent Additional Services only if they am not required due to the negligence or fault of Design Professional. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive r epresenUafion at the s itc than is described i n Subsection 2.6.5 i s required, the Design Professional s hall provide e ne o r m ore Project Representatives to assist in carrying out such additional on-site responsibilities. 3.2.2 Project Representatives shall be selected, employed and directed by the Desig~ Professional, and the Design Professional shall be compensated therefor as agreed by the Owner and Design Professional. 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making material revisions in Draw/ngs, Specifications or other documents when such revisions are: l. inconsistent with approvals or instructions previously g/yen by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; 2. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents, or 3. due to changes required as a result of the Owner's failure to render decision in a timely manner. 33.2 Providing services required because of significant changes in the Project including, but not lim/ted to, size, quality, complexity, or thc Owner's schedule, except for services required under Subsection 2.5.2. 3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connection with Change Orders and Construction Change Directives. 3.3.4 Providing consultation concerning replacement of work damaged by fire or other cause during construction, and fumishing services required in connection with the replacement of such work. 3.3.5 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the work of the Contractor, or by failure of perfcq-mance of either the Owner or Contractor under the Contract for Construction. Page 6 S:\prch\Contracts Documents\3204-Arehitect Professional Agrmt+doc 3.3.6 Providing services in evaluating an extensive number of claims subm/tted by the Contractor or others in connection with the work. 3.3.7 Providing services in connectic,n w~th a public hearing, arbitration proceeding or legal pmceedlng except where the Design Professional is party thereto, 3.3.8 Providing services in addition to those required by Article 2 for preparing documents for alternate, separate or sequential bids or providing services in connection with bidding or construction prior to the completion of the Conslruction Documents Phase. 3.3.9 Notwithstanding anythLng contained in the Agreement, Proposal or these General Conditions to the contrary, ail semices described in this ArticIe 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection 3.3.9. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing financial feasibility or other special studies. 3.4.2 Providing planning surveys, site evaluations or comparative studies of prospective sites. 3.4.3 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project, 3.4.4 Providing services relative to future facilities, systems and equipment. 3.4.5 Providing services to investigate existing conditions or facilities or to make measured dmwhags thereof. 3.4.6 Providing serahces to verify the accuracy of drawings or other information furnished by the Owner. 3.4.7 Providing coordination of construction performed by separate cen~'actors or by the Owner's own forces and coordination of services required in connection with construction performed and equipment supplied by the Owner. 3.4.8 Providing detailed quantity surveys or inventories of material, equipment and labor. 3.4.9 Providing analyses of operating and maintenance costs. 3.4.10 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. 3.4.12 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintemnee and consultation during operation. 3.4.13 Providing interior design and similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. 3.4.14 Providing services other than as provided in Section 2.6.4, after issuance to the Owner of the final Certificate for Payment and expiration of the Warranty period of the Conh-act for Construction. 3.4.15 Providing services of consultants for other than architectural, civil, structural, mechanical and electrical engineering portions of the Project wovided as a part of Basic Services. 3.4.16 Providing any other services not othera4se included hq this Agreement or not customarily furnished in accordance with generally accepted architectural practice. 3.4.17 Pmpming a set of reproducible record drawings in addition to those required by Subsection 2.6.19, showing significant changes in the work made during con- stmction based on marked-up prints, drawings and other data fumished by the Contractor to the Design Professional. 3.4.18 Notwithslanding anything eon'mined in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be pevlSormed by the Design Professional ~s a part of the Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection 3.4.18. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall consult with the Design Professional regarding requirements for the Project, including (1) the Owner's objectives, (2) schedule and design constraints and criteria, including space requirements and relationships, flexibility, expendability, special equipment, systems and site requirements, as mom speci- fically described in Subsection 2.2A. 4.2 The Owner shall establish and update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs. 4.3 If requested by thc Design Professional, the Owner shall fumish evidence that f'mancial arrangements have been made to fulfill the Owner's obligations under this Agreement. 4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Design Professional in order to avoid unreasonable delay in the orderly and sequential progress of the Design Professional's services. Page 7 S:\prch\Contracts Documents\3204-Architect Professional Agrmt.doc 4.5 Where applicable, the Owner shall furnish surveys describing physical charae~'ristics~ legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as apptieable, grades and lines of streets, alleys, pavements and adjoining property and steuetures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed resections, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a project benchmark. 4.6 Where appIicable, the Owner shall furnish the services ofgeotechnical engineers when such services are requested by the Design Professional. Such services may include but are not limited to test borings, test pits, determinations of soil bear/ng values, percolation tests, evaluations of hamrdous materials, ground corrosion and re- sistivity tests, including necessary operations for anticipating sub-soil conditions, Mth reports and appropriate professional recomendations. 4.6.1 The Owner shall fumish the services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Design Professional and are not retained by the Design Professional as part of/ts Basic Services or Additional Services. 4.7 When not a part of the Additional Services, the Owner shaI1 furnish structural, mechanical, cbemica[, air and water pollution tests, tests of hazardous tmteria[s, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner shall furnish all legal, accoun~ng and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. 4.9 The services, information, surveys and reports required by Owner under Sections 4.5 through 4.8 shall be furnished at the Owner's expense, and the Design Professional shall be entitled to rely upon the accuracy and completeness thereof in the absence of any negligence on the part of the Design Professional. 4.10 The Owner shall give prompt written notice to the Design Professional if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Con.tract Documents. 4.11 Desi~ Professional shall propose language for certificates or certifications to be requested of the Design Professional or Design Professional's consultants and shall submit such to the Owner for review and approval at least fourteen (14) days prior to execution. The Owner agrees not to request certifications that would require knowledge or services beyond the scope of the Agreement. ARTICLE 5 CONSTRUCTION COST 5.1 CONSTRUCTION COST DEFINED 5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of ali elements of the Project designed or specified by the Design Professional+ 5.1.2 The Conslruefion Cost shall include the cost at current market rotes of labor and materials fiamished by the Owner and equipment designed, specified, selected or specially provided for by the Design Professional, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for con- tingencies shall be included for market conditions at the time ofb~dding and for changes in the work during construct/un. 5.1.3 Construction Cost does not include the compensation of the Design Professional and Design Professional's consultants, the costs of the land, rights-of-way, financing er other costs which are the responsibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Conslruction Cost prepared by the Design Professional represent the Design Professional's best judgrnent as a design professional familiar with the construction industry. Ir is recognized, however, that neither the Design Professional nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over compeer/ye bidding or market conditions. Accordingly, the Design Professional cannot and does not warrant or represent that bids or cost proposals will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prelmmd or agreed to by the Design Professional 5.2.2 No fixed limit of Construction Cost shall be established as a condition of the Agreement by the fumishing, proposal or estabIishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties thereto. If such a fixed limit has been established, the Design Professional shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents altemate bids to adjust the Construction Cost to the fixed limi[ Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 If the Procurement Phase has not commenced within 90 days after thc Design Professional submits the Conslrucfion Documents to the Owner, any Project budget or fixed hmit of Construction Cost shall be adjusted to reflect changes in the general level ofpfices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. ARTICLE 6 OWNERSIIIP AND USE OF DOCUMENTS 6.1 The Drawings, Specifications and other documents prepared by the Design Professional for this Project are instruments of the Design Professional's service and shall become the property of the Owner upon termination or completion of the Agreernent. The Design Professional is entitled to retain copies of all such documents. Such documents are intended only be applicable to this Project, and Owner's use of such 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 the Agreement in another project or for other purposes than are specified in the Agreement, the Design Professional is released from any and all liability relating to their use in that project 6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the Design Professional's reserved rights. Page 8 S:\proh\Contracts Documents\3204-Architect Professional Agrmt.doc ARTICLE 7 TERMINATION, SUSPENSION OR ABANDONMENT 7.1 The Design Professional may ternfinate the Agreement upon not less than thirty days written notice should the Owner fail subslm~tially to peri'arm in accordance with the terms of the Agreement through no fault of the Design Professional. Owner may terminate the Agreement or any phase thereof with or witl~out cause upon thirty (30) days prior written notice to the Design Professional. All work and labor being performed under the Agreement shall cease immediately upon Design Professional's receipt of such notice. Before the end of the thirty (30) day period, Design Professional shall invoice the Owner for ail work it satisfactorily performed prior to the receipt of such notice. No amount shall be due for lost or anticipated profits. All plans, field surveys, and other data related to the Project shall become property of the Owner upon termination of the Agreement and shall be promptly delivered to the Owner in a reasonably organized form. Should Owner subsequently contract with a new Design Professional for continuation of services on the Project, Design Professional shall cooperate in providing information. 7.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Design Professional shall be compensated for services satisfactorily performed prior to notice of such suspensionr When the Project is resumed, the Design Professional's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Design Professional's services. 7.3 The Agreement may be terminated by thc Owner upon not less th~n seven days written notice to the Design Professional in the event that the Project is penranently abandoned. /2'the Project is abandoned by the Owner for more than 90 consecutive days, the Design ProfessionaI or the Owner may terminate the Agreement by giving written notice. 7.4 Fa/lure of the Owner to make payments to the Design Professional for work satisfactorily completed in accordance with the Agreement shall be considered substantial non- performance and cause for termination. 7.5 If'the Owner fails to make payment to Design Professional within thirty (30) days of receipt of a statement for services properly and satisfactorily performed, the Design Professional may, upon seven days written notice to the Owner, suspend pefforrnanee of services under the Agreement. 7.6 in the event of termination not the fault of the Design Professional, the Design Professional shall be compensated for services properly and satisfactorily performed prior to termination. ARTICLE 8 PAYMENTS TO THE DESIGN PROFESSIONAL 8.1 DIRECT PERSONNEL EXPENSE 8.1.1 Direct Personnel Expense is defined as the direct salaries of the Design Professional's personnel ~ngaged on the Project and the portion of the cost of their mandatory and customary conm'bufions and benefits rotated thereto, such as employment taxes and other statutory employee benefits, insumce, sick leave, holidays, vacations, pensions and similar contributions and benefits, 8.2 REIMBURSABLE EXPENSES 8.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Design Professional and Design Professional's employees and consultants in the interest of the Project, as identified in the following Clauses. 8.2.1.1 Expense of transportation in connection with the Project; expenses in connection with authorized out-of-town travel; long-distance corrmmnications; and fees paid for securing approval of authorities having jurisdiction over the Project. 8.2.1.2 Expense of reproductions (except the reproduction of the sets of documents referenced in Subsection 2.6.19), postage and handling of Drawings, Specifications and other documents. 8.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. 8.2.1.4 Expense &renderings, models and mock-ups requested by the Owner. 8.2.1.5 Expense of computer-a/dod design and drafting equipment time when used in connection with the Project. 8,2.1.6 Other expenses that are approved in advance in vmting by the Owner. 8.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 8.3.1 Payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the basis set forth in Section 2 of the Agreement and the schedule of work. 8.3.2 If and to the extent that the time initially established in the Agreement is exceeded or extended through no fault of the Design Professional, compensation for any services rendered during the addit/onal po-led of time shall be computed in the manner set forth in Section 2 of the Agreement. 8.3.3 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services arc performed on those portions, in accordance with the schedule set forth in Section 2 of the Agreement based on (l) the lowest bona fide bid or (2) if no such bid or proposal is received, the most recent preliminary estimate of Conslruction Cost or detailed estimate of Conslrucfion Cost for such portions of the Project. 8.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 8.4.1 Payments on account of the Design Professional's Additional Services and for Reimbursable Expenses shall be mademonthly within 30 days at'er the presentation to the Owner of the Design Professional's slatement of set--cos rendered or expenses incurred. 8.5 PAYMENTS WITHHELD No deductions shall be made fi.om the Design Professionars compensation on account ofponalt% liquidated damages or other sums withheld fi.om payments to conlractors, or on account of the cost of changes in the work other than those for which the Design Professional is responsible. Page 9 S:\prch\Contracts DocumentsL3204-Architect Professional Agrmt.doc 8.6- DESIGN PROFESSIONAL'S ACCOUNTING RECORDS Design Professional s hall make available t o Owner o r Owner's authorized representative reeords o f Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense for inspection and copying during regular business hours for three years after the date of the final Certificate of Payment, or until any litigation related to the Project is final, whichever date is later. ARTICLE 9 INDEMNITY 9,I The Design Professional shall indemnify and save and bold harmless the Owner and its officers, agents, and empIoyees from and against any and all l/ability, 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 properly damage, resulting from the negligent acts or omissions of the Design Professional or its officers, shareholders, agents, or employees in the performance of the Agreement, 9,2 Nothing herein shall be construed to create a liability to any person who is not a party to the 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 the Agreement, including the defense of governmental immunity, which defenses am hereby expressly reserved. ARTICLE 10 INSURANCE During the performance of the Services under the Agreement, Design Professional shall maintain the following insurance with an insurance company licensed or authorized 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: 10.1 Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $2,000,000 in the aggregate, and with property damage limits of not less than $t 00,000 for each occurrence and not less than $250,000 in the aggregate. 10.2 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. 10.3 Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $100,000 for each accident including occupational disease. 10.4 Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. 10.5 The Design Professional shall furnish insurance certificates or insurance policies to the Owner evidencing insurance in compliance with this ArCJcle 10 at the time of the execution of the Agreement. The General Liability and Automobile Liability insurance policies shall name the Owner as an addifionat insured, the Workers' Compensation policy shall contain a waiver of subrogation in favor of the Owner, and each policy shall contain a provision that such insurance shalI not be canceled or modified without thirty (30) days' prior written notice to Owner and Design Professional. In such event, the Design Professional shall, prior to the effective date of the change or cancellation, furnish Owner with substitute certificates of insurance meeting the requirements of this Article 10. ARTICLE 11 MISCELLANEOUS PROVISIONS 11.1 The Agreement shall be governed by the laws of the State of Texas. Venue of any suit or cause of action under the Agreement shall lie exclusively in Denton County, Texas. 11.2 The Owner and Design Professional, respectively, bind thercaelves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement The Design Professional shall not assign its interests in the Agreement without the written consea-tt of the Owner. 11.3 The term Agreement as used here/n includes the executed Agreement, the Proposal, these General Conditions and other attachments referenced in Section 3 of the Agreement which together represent the entire and integrated agreement be~veen the Owner and Design Professional and supersedes all prior negotiations, representations or agreements, either written or oral. The Agreement may be mended only by written instrument signed by both Owner and Design Professional. When interpreting the Agreement t he executed Agreement, Proposal, these General C onditions a nd t he other attachraents referenced in Section 3 o f the Agreement s hall t o t he extent that i s reasonably possible be read so as to harmonize the provisions. However, should the provisions of these documents be in conflict so that they can not be reasonably harmonized, such documents shall be given priority in the following order: 1, The executed Agreement 2. Attachments referenced in Section 3 of the Agreement other than the Proposal These General Provisions 4. The Proposal 11.4 Nothing contained in the Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Design Professional. 11.5 Upon receipt of prior written approval of Owner, the Design Professional shall have the right to include representations of the design of the Project, inclading photographs of the exterior and interior, among the Design Professional's promotional and professional materials. The Design Professional's materials shall not include the Own.er's confidentml or propr/etary information if the Owner has previously advised the Design Pmfessienal in writing of the specific information considered by the Owner to be confi- dent/al or proprietary. The Owner shall provide professional credit for the Design Professional on the construction sign and in the promotional materials for the Project. 11,6 Approval by tee Owner shall not constitute, nor be deemed a release of the responsibility and liability of the Design Professional, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of :heir designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the Owner for any defect in the design or other work prepared by the Design Professional, its employees, subcontractors, agents, and consultants. 11,7 All notices, communications, and reports required or permitted under the Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below signature block on the Agreement, certified mail, return receipt requested, unless otherwise specified herein. All notices shall be deemed effective upon receipt by the party to whom such notice is given, or w/thin three (3) days after mailing. Page 10 S:\prch\Contracts DocumentsX3204-Architect Professional Agrmt.doc 11.8 if any provision of the 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 the Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform the 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. 11.9 The Design Professional shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended during the term of this Agreement. 11.10 In performing the Services required hereunder, the Design Professional shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. 11.11 The captions of the Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of the Agreement. Page 11 S:\prch\Contracts Documentsk3204-Architect Professional Agrmt.doc Ei~{IB I? A Final Draft Architect Work Sheet Outline scope of work: Provide architectural and engineering services for design of a new general aviation terminal building and associated auto parking/access roadway. Special studies for existing terminal structure, aircraft parking apron layout and circulation, and ramp/site development issues in terminal area. Pricing of scope of work: Schematic/Preliminary Design Design Development Construction Documents Construction Contract/Bidding Construction Administration Close-Out Reimbursables (not to exceed) Geotechnical (City to do) Surveys (City to do) Total Terminal $9,196.00 $10,782.00 $26,206.00 $2,466.00 $4,500.00 $1,970.00 $55,120.00 $1,500.00 $0.00 $0.00 Auto Parking/Access $4,005.00 $3,O00 $5,997.00 $1,000.00 $2,000.00 $1,250.00 $1 7,252.00 $0.00 $0.00 $0.00 Fee for Additional Services Principal Architect Structural Engineer Mechanical Engineer Civil Engineer Technician Clerical $134.00/hour $78.00/hour $80.00/hour $80.00/hour $80.00/hour $43.00/hour $32.00/hour Additional pricing: Scale Drawings for Data, Conduit runs $2,000.00 EXHIBIT A Final Draft ADA/TAC Reviews Energy Approval Security Allowance Special Studies Special Studies Final Cost Estimate $ 380 - architect pays (reimbursable) $ ], 100 - City to pay all inspection fees City to pay- plan reviews/permits Need Details Aircraft Parking Apron Layout And Taxiway Circulation- 2 mandays @ $1,400/day = $2,400.00 Existing Building - 3.5 mandays @$640/day = $2,24O.00 $1,500 - City to pay cost AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: October 5, 2004 Materials Management Questions concerning this acquisition may be directed to Ross Chadwick 349-8101 ACM: Kathy DuBose ~[b SUBJECT Consider adoption of an Ordinance authorizing the City Manager or his designee to execute a professional services agreemem with Randy L. Park, MD, to provide medical comrol and continuing education services in support of the City of Denton Fire Department; authorizing the expenditure of funds therefore and providing an effective date (RFP 3203-in an amount not to exceed $40,000). BID INFORMATION This request for sealed proposals is imended to solicit proposals for medical direction, medical control, and continuing education for the Denton Fire Department EMS program. State Law requires that all emergency medical services programs be conducted under the guidelines of a professional licensed medical director and medical comrol provider. This service will provide on-line medical direction, off-line medical direction, and cominuing education classes. One qualified proposal was submitted and evaluated by a team of five Fire Departmem staff members. Randy L. Park, MD is being recommended based upon the following services to be provided: · 33 hours of onsite instruction, plus an additional 20 hours of computer based cominuing education for Emergency Medical Technicians and Paramedics per year · On-line medical direction at DeNon Regional Medical Cemer 24 hrs/day, 7 days/week · Continuous quality improvement program · Facilitation of certification and license renewal for EMT-B, EMT-P, and LP · Provide leadership and support for the Demon Fire Departmem to develop specialty courses including ACLS, BTLS, PEPP, and 12-lead The proposal submitted by Randy L. Park, MD is a $26,000 savings from the currem year comract amoum of $66,000. Agenda Information Sheet October 5, 2004 Page 2 RECOMMENDATION We recommend award of RFP 3203 to Randy L. Park, MD in an amount not to exceed $40,000. There is a provision in the contract that allows annual increases up to 5% upon annual renewal. PRINCIPAL PLACE OF BUSINESS Randy L. Park, MD Denton, TX ESTIMATED SCHEDULE OF PROJECT This agreement will begin November 1, 2004 and will be in effect through October 31, 2007 unless terminated under the provisions listed as part of the agreement. FISCAL INFORMATION Funding for this item will be provided from account 320001.7854. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AlS-RFP 3203 ORDINANCE NO. 2004- AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH RANDY L. PARK, MD, TO PROVIDE MEDICAL CONTROL AND CONTiNUiNG EDUCATION SERVICES IN SUPPORT OF THE CITY OF DENTON FIRE DEPARTMENT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE AND PROVIDING AN EFFECTIVE DATE (RFP 3203-IN AN AMOUNT NOT TO EXCEED $40,000). WHEREAS, The professional services provider (the "Provider) mentioned in this ordinance is being selected as the most 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, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Manager is hereby authorized to enter into a professional service contract with Randy L. Park, MD, to provide medical control and continuing education services for the City of Denton Fire Department, a copy of which is attached hereto and incorporated by reference herein. SECTION 2. The City Manager is authorized to expend funds as required by the attached contract. 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 ,2004. EULINE BROCK MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-RFP 3061 PROFESSIONAL SERVICES CONTRACT FOR MEDICAL CONTROL SERVICES AGREEMENT This PROFESSIONAL SERVICES CONTRACT FOR MEDICAL CONTROL SERVICES AGREEMENT (The "Agreement") execmed this __ day of ,2004 by and between the CITY OF DENTON, a Texas municipal corporation (the "City") and Randy L. Park, MD. WITNESSSETH: WHEREAS, the City is the operator of an advanced life support ambulance service; WttEREAS, Randy L. Park, MD, can offer medical control, formal training, continuing education, and other support services to municipal corporations and private companies providing emergency services; and WHEREAS, the City desires to engage Randy L. Park, MD, and Randy L. Park, MD. desires to be engaged by the City, to provide certain support services for the City's emergency services to the extent set forth herein; NOW THEREFORE, in consideration of the premises, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Randy L. Park, MD. do hereby agree as follows: OBLIGATION TO PROVIDE MEDICAL CONTROL SERVICES AGREEMENT AND PAYMENT THE~OR 1.1 Obligation to provide Medical Control Support Services. During the term (as defined in Section 1.3 hereof) of tbi~ Agreement, and subject to the conditions and provisions hereof, Randy L. Park, MD, will provide the City with the Medical Control Support Services described in A_rfiele II of this Agreement. Randy L. Park, MD, is providing all such services as an independent contractor and not as an employee of the City. 1.2 Payment for Medical Control Support Services. (i) Bask Service Fees~ In consideration for Randy L. Park, MD, providing the City with the medical control and continuing education services described in, respectively, Sections 2.1 and 2.2 hereof, the City will pay Randy L. Park, MD, $.40 per armum (the "Basic Service Fee") for each person resident in the City (or otherwise served by the emergency ambulance service maintained by the City) as of November 1 of the year to which the Basic Service Fee relates. For purposes of determining the Basic Service Fee, the number of residents in the City will be the greater of (i) the population of the City as determined by the most recent census conducted by the United States government or (ii) if the City from time to time officially or unofficially maintains estimates of its population for its internal purposes or otherw/se, the most recent estimate of the City's population as of November 1 of the year to which the Basic Service Fee relates. 1.3 2.1 The Basic Service Fee for Medical Control for the period of November 1, 2004 through September 30, 2005 will be based upon a population of 100,000, which includes the City of Denton, City of Sanger, and the City of Ponder as well as the unincorporated rural areas of Denton County served by the Denton Fire Department EMS. Medical Control and Continuing Education willbe billed at $40,000 per ye, at and paid annually. Price Chances. Randy L. Park, MD may change the amounts of thc Basic Service Fee set forth in sublyart (i) of this Section upon 30 days prior written notice to the City; provided, however, the City may, as a result of any increase in the Basic Service Fee, terminate this Agreement upon 30 days prior written notice to Randy L. Park, MD. Randy L. Park, MD, may increase the yearly price up to five (5) percent to cover the cost of the program. Term. This Agreement will commence on November I, 2004 and unless otherwise terminated as provided herein, will continue for an initial period of three O) years. During the initial term, the City may terminate the Agreement by giving Randy L. Park, MD, written notice ninety (90) days before the date of termination. Upon expiration of such initial three O) year term, this Agreement will automatically renew for an additional one (1) year term unless either the City or Randy L. Park, MD, will have theretofore given the other party written notice of its election to terminate this Agreement at least ninety (90) days prior to the expiration of the initial term or any renewal term. Not withstanding the above provisions, in the event the City experiences a funding shortage, this contract can be terminated by the City immediately upon written notification and submission of documentation of the funding shortage. DESCRIPTION OF MEDICAL SUPPORT SERVICES PROVIDED BY RANDY L. PARK, MD Medical Control. During the Term of this Agreement, Randy L. Park, MD will arrange for on-line medical direction and other medical control of the City's emergency ambulance service on a continuous,' 24-hour basis on each day of the week. On-line medical direction and other medical control will be provided by a physician group which provides emergency medical care coverage thru Randy L. Park, MD at Denton Regional Medical Center, ming established guidelines and medical protocols through voice contact and, if possible, appropriate cardiac telemetry signals between the emergency physician on duty in the emergency Department at Denton Regional Medical Center, and a representative of the City's emergency service. During the Term of this Agreement, Randy L. Park, MD, will provide the City of Denton Fire Department with off-line medical direction and other medical control. Such off-line medical direction and other medical control will utilize established guidelines and treatment protocols to monitor and evaluate the q~xa!ity of patient care provided by the City of Denton Fire Department. For the purpose of providing such off-line medical direction and other medical controI, Randy L. Park, MD, will maintain an EMS Quality Council. This Council will consist of the EMS Medical Director, Paramedic Instructors/Coordinator, DFD EMS Program Man~ger and shiR representatives. In addition, Randy L. Park, MD, will provide all services required of a medical director by Chapter 197, Slate Board of Medical Examiner Rules. 2 2.2 Continuing Education. During the Term of this Agreement, Randy L. Pm'k, MD, will offer the following continuing education ("CE") courses and opporttmities to employees of the City of Denton Fire Department (DFD). Continuing education activities are based on state certification requirements and/or the DFD's quality evaluation dat~ Continuing education classes will consist of three-hour classes offered six (6) times per month. CE will be provided eleven months out of the year. Continuing Education Modules. At l~ast eleven times each calendar year, Randy L. Park, MD, will sponsor or conduct a continuing education module at a location mutually agreeable to Randy L. Park, MD, and the DFD. Each continuing education module will consist of didactic and/or skills review program. This will allow the participant to receive three hours of continuing education credit certified by the Medical Director and the Texas Department of Health. Duplicate materials used in teaching modules will be supplied by Randy L. Park, MD. in sufficient numbem for usual attendance. Additional duplication is the responsibility of the DFD. Patient Chart and Case Reviews. As needed Randy L. Park, MD. will sponsor or conduct, on an individual basis for the DFD, patient chart or case reviews, for the purpose of complying with quality control provisions as required by Texas Department of Health. (iii) Miscellaneous Continuin~ Education Provided by Randy L. Park, MD. Randy L. Park, MD. will permit employees of the DFD to attend or otherwise participate in miscellaneous adjunct continuing education programs for which participants can receive continuing education credit for additional fees. These continuing education programs include (i) the EMT and Paramedic classes, EMT and Paramedic Refresher Courses; and (ii) onsite continuing education classes offered at Randy L. Park, MD. (iv) Miscellaneous Confinuin~ Education Provided by Denton Fire Department. Randy L. Park, MD. will serve as sponsor for specialty courses (such as BLS, ACLS, PALS, BTLS, and others) taught by Denton Fire Department instructors and will allow DFD personnel to receive continuing education credits for such courses. These courses will meet curriculum and testing requirements required by Randy L. Park, MD. for such courses. 3 3.1 3.2 4.1 4.2 4.3 REPRESENTATIONS AND WARRANTES Representations and Warranties of the .City. The City represents and warrants to, and agrees with, Randy L. Park, MD. as follows: (i) The City is duly chartered by the State of Texas as a Texas municipal Corporation and home rule city. (u) The City has full power and authority to execute and deriver this agreement. The execution and delivery of this Agreement by the Ci~ will not constitute default under, or violate any provisions of, the City's charter or any agreement to which the City is a party or any statute, nde, regulation, judgment or order by which it is bound. (iii) The City has, and will at all times maintain all licenses and permits required of it to own and operate the emergency service and to conduct the activities contemplated by this Agreement. The City will at all times operate the emergency service in accordance with all-applicable laws and regulations. Represent_a_fions and Warranties of Randy L. Park, MD. Randy L. Park, MD, hereby represents and warrants to, and agree with, thc City as follows: (i) Randy L. Park, MD is duly organiT~Xt, validly existing and in good standing as a corporation organized under the laws of the State of Texas. (ii) Randy L. Park, MD has full power and authority to execute and deliver this Agreement. The exevmtioa and delivery of this agreement by Randy L. Park, MD will not constitute default under, or violate any provisions of, the Articles of Incorporation or Bylaws of Randy L. Park, MD or any agreement to which Randy L. Park, MD is a party or any status, role, regulation, judgment or order by which it is bound. IV. INSURANCE AND INDEMNIFICATION City's. Insurance. The City of Denton is a self-insured entity. Any request for financial information will be handled in accordance with existing open records law of the State of Texas. Randy L. park, MD Insurance. Randy L. Park, MI) is partially self-insured and carries the customary hospital and general liability insurance. Indemnification by the City. The City will indemnify and hold harmless Randy L. Park, MD and its directors, officers, doctors, employees and agents from any and all liabilities, costs, damages and expenses (including attorney's fees and expenses) as permitted by law, resulting fxom or attributable to any and all willful mis~nduct or negligent acts and omissions of the City and its emergency ambulance providers, public officials, employees and agents arising from or in connection with the City's emergency ambulance service or the activities of the City relating to or otherwise affecting this Agreement. 4 == 4.4 4.5 5.1 5.2 5.3 5.4 5.5 5.6 ~demni~ication by Randy L. Park, MD Randy L. Park, MD will indemnify and hold harmless the City and its public officials, employees and agents from and against any and all liabilities, cos~ damages, and expenses (including attorney's fees and expenses) resulting from or attributable to any and all willful conduct or negligent acts and omissions of Randy L. Park, MD and its directors, officers, employees, or agents including physicians carrying out duties pursuant to this agreement, arising from or in cormeetion with Randy L. Park, MD's involvement with the City's emergency ambulance service or the services provided by Randy L. Park, MD to the City pursuom to this Agreement. Nonwaiver of Defenses Under the Texas Tort Claims Act. Nothing in this Agreement shall in any way diminish or otherwise adversely affect any rights which the City may have as to any claimant or plaintiff (other than Randy L. Park, MD) to assert defenses available to the City under the Texas Tort Claims Act (Chapter 101 of the Texas Civil Practices and Remedies Code) or any other statutory or common law defenses available to municipalities in the State of Texas. MISCELLANOUS PROVISIONS Notices. Any notice required or permitted pursnant to this agreement will be deemed sufficient if in writing and hand-delivered or sent by registered or certified mail, postage prepaid, and if addressed (i) if to Randy L. Park, MD to Randy L. Park, MD, 2040 West Oak, Denton, TX 76201, to the attention of Randy L. Park, MD and (ii) if to the City, to the address set forth below under the City's signantre. Applicable Law. This Agreement will be governed by, and construed in accordance with, the laws of the State of Texas. Entire A~reement: Amendment. This Agreement and Addendum A containing Randy L. Park, MD's original proposal of services to the City of Dentun's Request for Proposal #3203 constitutes the entire Agreement and understanding between the City and Randy L. Park, MD. This Agreement may not be amended except by the insmmaent in writing, executed by the party against which enforcement is sought. Successors and assigns. This Agreement will be binding upon, and will inure to the benefit of, the City and Randy L. Park, MD and their respective successors and assigns; provided, however, neither the City nor Randy L. Park, MD may assign this Agreement without the prior written consent of the party hereto. Venue. Venue for any dispute under thi~q Agreement will be in Denton County, Texas. Severabilit~. 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, tn such event, the parties slmll 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. IN W1TNESS WHEREOF, thc City of Denton and Randy L. Park, MD have cxccutext this Agreement as of the date first above written. CITY OF DENTON, TEXAS A Texas Municipal Corporation By: ATTESTED: JENNIFER WALTERS, CITY SECRETARY Michael A. Conduff City Manager 215 E. McKinney Denton, Texas 76201 By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: 3203 P~of~siomfl ~r~ic~ Conlm~ for Modiml C~/~rol Se~vi~e~ 9-20tM Randy L. Park, MD 6 Addendum A August 30, 2004 To Whom It May C~ncem: Please £md enclosed my proposal for EMS Medical Control for ~he Denton Fire Department EMS. Respectfully submitted, Randy L. Park, MD ~Original on file in the office of the Purchasing Agent. Cost of Services Cost for the services outlined is $40,000 per year. In addition, there will be an initial cost of $4,000 to be paid at the initiation of the contract for start up cost. If you wish the start up cost can be waived if the fiist year is paid in lump sum at the beginning of the contract. B. Services to be Performed Provide on and off line medical direction per TSBME regulations. Online control will be provided by the Medical Staff at Denton Regional Medical Center. Phones and recorder are in' place now. Destination control and other assistance with MCIs or disasters will be coordinated with DRMC Medical Staff on line control. EMSystem and hospital relationships will enable the rational use of resources. Protocols and SOPs specific to the needs of the Denton EMS personel and the Medical Community of Denton will be prepared, taught and utilized in the system. They will address both basic and advanced procedures. The protocol will be reviewed annually in totality and as needed by the development of new techniques or treatments. For the annual review a committee of representatives fi:om the department will be asked to collaborate with the review process. Between reviews, input will be sought at the monthly CE meetings on improvements possible in the protocols. Quality assurance as outlined in addenda H. CE classes will be provided for each shift (A,B,C) monthly 11 months each year for 3. hours in the am and 3 hours in the PM to allow continuing coverage on shift during training, with ½ of the shift attending each session.. This will be provided on weekdays. For schedule see addenda. Classes will include didactic lectures, demonstration laboratories with hands on training, video instruction, ease review and computer based training and testing. Material for class instsructions will not be limited to TDH min/mum requirements, but will be aimed at increasing the understanding and skill of practitioners in the field. This will include information regarding new developments in medicine and deeper understanding of anatomy, physiology and current medical treatments that will assist medics in participating in the care of patients. Participate in the r~medication of participants failing to meet minimum requirements per addenda. Copies of CE results will be maintained for 5 years and copies will be given to the participants and DFD. Will facilitate license renewal for EMT-B, EMT-P and LP. i i i i ! ! · Will provide leadership and support for DFD in efforts to develop Specialty courses including ACLS, BTLS and PEEPor PALS, and others which are mutually agreeable. Medical Director will attend the TCH Medical Director Course when available. Medical Director will inform the local medical community of his role and provide a mechanism for contacting him regarding concerns for performance or improvement of the system. In addition, he will seek assistance from selected members of the community in improving the system during the annual review of the protocols. For course schedule See addenda. Medical Director will actively participate in developing a teleconferencing CE format for the mutual benefit of the department and the director. Scale i":800' fi) J~lm Can~ll AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: October 5, 2004 Economic Development ACM: Mike Conduff, City Manager SUBJECT Consider nominations/appointments to the City's Economic Development Partnership Board. BACKGROUND The City Council appointed a nominating committee at the September 7, 2004 meeting to present a slate of nominees for the Economic Development Partnership Board for Council consideration. The following Board positions will be vacant: Perry McNeill - City Council category Randy Robinson - Chamber of Commerce Board category Bob Haley - Top Twenty Taxpayer category Norval Pohl - UNT category Under the ordinance creating the Board, the President of the University of North Texas will appoint the Board member representing UNT. Dr. Pohl has chosen to serve another term. ESTIMATED SCHEDULE EDP Board members will serve two-year terms. Board members may serve three consecutive terms. Respectfully submitted: Linda Ratliff, Director Economic Development Department -1-