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Home My WebLink AboutApril 4, 2006 Agenda AGENDA CITY OF DENTON CITY COUNCIL April 4, 2006 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, April 4, 2006 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: 1. Receive a report, hold a discussion, and give staff direction regarding impounding vehicles for Failure to Maintain Financial Responsibility (no insurance) and the limitations of the City of Denton Vehicle Pound. 2. Receive an updated report, hold a discussion and give staff direction regarding a proposed Emergency Services District for Fire and Emergency Medical Services in the Argyle, Bartonville and Copper Canyon jurisdictions and other County areas in the City of Denton?s ETJ. 3. Receive a report, hold a discussion, and give staff direction regarding Fire Station #7 construction bids. 4. Requests for clarification of consent agenda items listed on the consent agenda for today's City Council regular meeting of April 4, 2006. 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: A. Consultation with Attorney ? Under Texas Government Code Section 551.071 1. Consultation with the City?s attorneys regarding legal issues, including defense of pending litigation filed by JNC Denton Partners, LLC, associated with annexation of real property in the City?s northern ETJ, under Annexation Case No. A05-0002, along with other legal issues related to the annexation, including zoning, land use and subdivision controls, plat applications, annexation plans, development agreements, annexation agreements, service plans, utility service, and legal issues implicated by alternative proposals advanced by individuals owning property within the proposed annexation area. A public discussion of these legal matters 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 or would jeopardize the City?s legal position in any administrative proceedings or potential litigation. City of Denton City Council Agenda April 4, 2006 Page 2 2. Consider and discuss status of litigation styled Sheldon Bromberg v. City , Cause No. 2005-40017-362, currently pending in the 362nd of Denton District Court, Denton County, Texas. 3. Consultation with the City?s attorneys regarding legal issues pertaining to the place of business of an entity for determining sales tax liability, and related legal issues. A public discussion of these legal matters 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 or would jeopardize the City?s legal position in any administrative proceedings or 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. Regular Meeting of the City of Denton City Council on Tuesday, April 4, 2006 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 A. U.S. Flag B. Texas Flag ?Honor the Texas Flag ? I pledge allegiance to thee, Texas, one and indivisible.? 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards 1. Recognition of the receipt of the National Arbor Day Foundation's Tree City USA award presented by the Texas Forest Service to the City of Denton. 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 Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. City of Denton City Council Agenda April 4, 2006 Page 3 The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Citizens may speak on items listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers the Consent Agenda. Citizen comments on Consent Agenda items are limited to three minutes. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A ? Q). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items A ? Q 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. A. Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Tejas Storytelling Association for supplemental funding for entertainment at the Texas Storytelling Festival; providing for the expenditure of funds therefor; and providing an effective date. B. Consider approval of tax refunds for the following property taxes: Tax Name Reason Amount Year 1.Louy, Jay & Stephanie Overpayment 2005$ 7,953.11 2. Cycle Center of Denton Duplicate Payment 2005 $ 2,713.63 3.Baker Distributing Co Overpayment 2005$ 2,326.69 4. Dinsmore, Gerald Overpayment 2005 $ 1,802.06 5.Presbyterian Hospital of Denton Duplicate Payment 2005$ 1,186.82 6. Presbyterian Hospital of Denton Duplicate Payment 2005 $ 1,140.35 7.Glendora Management LLC Duplicate Payment 2005$ 957.82 8. Glendora Management LLC Duplicate Payment 2005 $ 860.61 9.Glendora Management LLC Duplicate Payment 2005$ 860.61 10. First American Title Ins/Pearson, Duplicate Payment 2005 $ 699.76 Douglas 11. First American/Hardesty, Gerald Duplicate Payment 2005$ 615.45 & Susan 12. Citi Mortgage Inc Duplicate Payment 2005 $ 503.99 C. Consider adoption of an ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the Unreserved Fund Balance of the General Fund with Certificates of Obligation so that a crematorium for the Animal Shelter can be replaced; declaring an emergency and amending the 2005-06 Capital Improvement Budget to allow funding for said project; and providing an effective date. (Related costs ? $90,000) D. Consider adoption of an ordinance providing for the expenditure of funds for the emergency purchase of a replacement crematorium for the Animal Services Department in accordance with provisions of State Law exempting such purchases from requirements of competitive bidding; and providing an effective date (File 3491 ? Emergency Purchase of Animal Services Crematorium awarded to FC Industries, Inc. in the amount of $75,004). City of Denton City Council Agenda April 4, 2006 Page 4 E. Consider adoption of an ordinance of the City of Denton, Texas approving the First Amendment to Interlocal Cooperation Agreement by and between the DCTA and the City of Denton for the ELAP Program dated January 1, 2004; authorizing the Mayor to execute and deliver said First Amendment; accepting and recognizing that certain Letter of Understanding dated March 14, 2006, issued to the City by the Executive Director of the Denton County Transportation Authority; providing for the expenditure of funds therefor; and providing an effective date. The Mobility Committee recommends approval. F. Consider adoption of an ordinance of the City of Denton, Texas authorizing settlement of litigation styled , Cause No. Sheldon Bromberg v. City of Denton 2005-40017-362, currently pending in the 362nd District Court of Denton County; authorizing the City Manager and City Attorneys to act on the City?s behalf in executing any and all documents, and to take other actions necessary to finalize the settlement and release of claims; authorizing the expenditure of funds therefor; and declaring an effective date. G. Consider adoption of an ordinance approving an Interlocal Cooperation Agreement by and between the City of Denton, Texas and the City of Corinth, Texas to provide gas well inspection services; and providing an effective date. The Public Utilities Board recommends approval (5-0). H. Consider approval of a resolution authorizing the City of Denton, as Trustee, to sell certain real property; consenting to the sale of certain real property to the highest bidder as provided by law; authorizing the Mayor of the City of Denton, Texas to execute a deed without warranty and any other documents necessary or appropriate to convey certain real property sold by the City of Denton, as Trustee, pursuant to section 34.05 of the Texas property tax code; and providing for an effective date. I. Consider adoption of an ordinance accepting competitive bids and awarding a two year contract for Mowing for various City departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 3463 ? Two Year Contract for Mowing awarded to the lowest responsible bidder, for each section, in the annual estimated amount of $299,368.22). J. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for park land maintenance products; providing for the expenditure of funds therefor; and providing an effective date (Bid 3468 ? Annual Contract for Park Land Maintenance Products awarded to the lowest responsible bidders as listed on Exhibit A for each section in the annual estimated amount of $45,000.) K. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network for the acquisition of eleven refuse trucks, a scraper, a vacuum excavation system, and a Unimog for the City of Denton Solid Waste Department, and a dump truck for Water Distribution by way of an Interlocal Agreement with the City of Denton; and providing an effective date City of Denton City Council Agenda April 4, 2006 Page 5 (File 3484 ? Interlocal Agreement for the purchase of Refuse Trucks and Heavy Equipment for Solid Waste Department and Water Distribution awarded to Holt CAT in the amount of $564,740.00, Rush Peterbilt Dallas in the amount of $1,194,114.00, Freightliner of San Antonio, LTD. in the amount of $223,971.00, Earle Kinlaw Associates, Inc. in the amount of $40,567.30, and McNeilus Truck and Manufacturing in the amount of $749,461.00, for a total award of $2,772,853.30). The Public Utilities Board recommends approval (7-0). L. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order with the Houston-Galveston Area Council of Governments (H-GAC) for the acquisition of one motor pool replacement vehicle each for the City of Denton Electric Operations, Drainage, Water Production and Wastewater Biosolids Divisions by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3485 ? Interlocal Agreement for the purchase of Fleet Vehicles for Electric Operations, Drainage, Water Production and Wastewater Biosolids with H-GAC awarded to Philpott Ford in the amount of $55,238, and to Romco Equipment in the amount of $585,280 for a total award of $640,518). The Public Utilities Board recommends approval (7-0). M. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network for the acquisition of a 12 cubic yard dump truck with OX dump body and a 2.5 cubic yard wheel loader for the City of Denton Street Division by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3486 ? Interlocal Agreement for the purchase of 12 Cubic Yard Dump Truck awarded to Rush Peterbilt Dallas in the amount of $93,295, and 2.5 Cubic Yard Wheel Loader awarded to Holt CAT in the amount of $145,900 for a total award of $239,195). N. Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement with the firm of Booziotis and Company Architects to provide architectural services for the design of the South Branch Library Expansion and redesign of the existing parking lot; authorizing the expenditure of funds therefor; and providing an effective date (File 3407 in an amount not to exceed $126,925). O. Consider adoption of an ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the Unreserved Fund Balance of the General Fund with Certificates of Obligation so that a contract may be awarded for the construction of Fire Station 7 and the purchase of a fire engine; declaring an emergency and amending the 2005-06 Capital Improvement Budget to allow funding for said project; and providing an effective date. (Related costs ? $1,000,000) P. Consider adoption of an ordinance accepting sealed competitive proposals and awarding a contract for the construction of Fire Station # 7; providing for the expenditure of funds therefor and providing an effective date (RFSCP 3458 ? Fire Station #7 awarded to Hisaw and Associates in an amount not to exceed $3,441,460). City of Denton City Council Agenda April 4, 2006 Page 6 Q. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of ten Mobil Vision In-Car Digital Recording Systems for the City of Denton Police Department, which are available from only one source in accordance with the pertinent provisions of Chapter 252 of the Texas Local Government Code exempting such purchases from the requirements of competitive bidding; and providing an effective date (File 3489 ? to L-3 Communications Mobile Vision, Inc. in the amount of $58,059). 4. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider a request for an exception to the Noise Ordinance for the purpose of a music festival, Fry Street Fair, conducted by Delta Lodge, in the area of Fry Street, behind Lucky Lou?s, and the backyard of the Delta Lodge. The event is to be on Saturday, April 22, 2006, from 12:00 p.m. to 9:00 p.m. The exception is specifically requested for an increase in the maximum allowable decibels for an outdoor music festival from 70 decibels to 75 decibels. B. Consider nominations/appointments to the City?s Boards and Commissions. C. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Receive citizen reports from the following: A. Bob Clifton regarding city business. B. Anna Campbell regarding a noise variance and time extension for the Fry Street Fair. C. Connie C. Williams regarding Utility and Solid Waste charges. D. Peggy LaPoint regarding Planning Department Procedures. E. Jordan Hudspeth regarding concerns of Southeast Denton. F. Lanisha Hudspeth regarding concerns of Southeast Denton. G. Hagar Hudspeth regarding concerns of Southeast Denton. H. Willie Hudspeth regarding concerns of Southeast Denton. I. Gerald DeMarsh regarding issues with the Denton Police Department. D. New Business This item provides a section for Council Members to suggest items for future agendas or to request information from the City Manager. E. Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda F. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. G. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. City of Denton City Council Agenda April 4, 2006 Page 7 C E R T I F I C A T E I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the ________day of ___________________, 2006 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 April 4, 2006 AGENDA DATE: Police DEPARTMENT: Jon Fortune ACM: SUBJECT Receive a report, hold a discussion, and give staff direction regarding impounding vehicles for Failure to Maintain Financial Responsibility (no insurance) and the limitations of the City of Denton vehicle pound. PROBLEM STATEMENT City Council members have raised the question concerning impounding vehicles for failure to maintain financial responsibility (no insurance). Research indicates that impounding vehicles for no insurance would greatly increase the volume of vehicles stored in the City of Denton vehicle pound. The current Police vehicle pound, located within the City Service Center at 804 Texas Street, lacks sufficient space, effective security, and creates environmental problems. BACKGROUND The Police vehicle pound has been located at its current location since 1980. The earliest annual statistics available are for 1993 when the Department impounded 700 vehicles. Impounds have increased through subsequent years (Figure 1). YearImpounds 20021402 20031469 20041339 20051669 Figure1 Revenue When a vehicle is released from the vehicle pound, the Police Department collects the fees, which go to the General Fund. The Police Department reimburses the towing companies for their services regardless whether or not the vehicle is claimed. The Police Department is allotted $125,000 in the budget to pay the towing companies for police- initiated tows. A report (Attachment A) by Susan Croff in the Utilities Department on the vehicle pound showed the impound fees and auction revenue generated $218,994 gross for 2005. Associated costs for auctioneer and staff to operate the pound total $293,753. Most cities do not own and operate vehicle impound lots because they are not profitable. (See Attachment ?B?.) 1 Environmental Issue The current vehicle pound will accommodate approximately 75 vehicles parked around the interior perimeter. A creek runs parallel and adjacent to the East side of the vehicle pound, Figure 2. Because of the close proximity to the creek, David Hunter, the City of Denton Watershed Protection Manager, has informed us that we should keep vehicles 50 feet from the center of the creek. That requirement would eliminate the use of all of the parking spaces on the East side of the Figure 2 vehicle pound. This wouldreduce the capacity to approximately 45 vehicles. The volume of vehicles currently impounded necessitates the use of all available space. Therefore, we could not implement any new program that would increase our storage capabilities at this location. Vehicle Auctions Traditionally, Police Department personnel work with the City Purchasing Department to hold three to four auctions each year to clear the vehicle pound of abandoned and unclaimed vehicles. Currently auctions are scheduled every two months, for a total of six auctions each year. While the more frequent auctions provide a more efficient disposition of impounded vehicles, it significantly increases the workload for Police and Purchasing personnel with little financial return for the resources invested. The recent report (Attachment A) by Susan Croff on the costs and operational options estimates Police Department personnel costs to be $131,000 (1.6 officers) yearly for work directly related to auctions. The increase in the number of auctions has reduced some of the overcrowding of the vehicle pound. The pound inventory routinely averages 60 to 80 vehicles prior to an auction. Additionally, the high volume of vehicles results in vehicles being double- parked within the pound. Officers are then required to enlist the assistance of wreckers to move some vehicles that are blocking vehicles being released. This results in an increase in the operational costs, both in wrecker fees and staff time. More frequent auctions would be counter-productive as fewer vehicles would be available for sale therefore attracting fewer buyers. A reduction in the number of vehicles sold would generate less revenue. Increasing the frequency of auctions would increase the staff time involved in preparation for the auctions. 2 As the pound reaches capacity, (Figure 3) the Department limits the number of vehicles impounded by placing a moratorium on the impoundment of abandoned vehicles that are not a traffic hazard. However, this policy hinders the Department?s community policing efforts in a number of ways, including delaying the abatement of junked vehicles in our neighborhoods. Figure 3 Vehicle Pound Security In addition to insufficient space, the current vehicle pound provides insufficient security for impounded vehicles. The Department disconnected the alarm due to deteriorating fencing and alarm wiring, and as a result, the vehicle pound has become a target for burglaries. Vehicles have been burglarized and car stereostaken. Though most of these vehicles are never claimed, the City did honor several claims from owners, totaling several thousand dollars, with one claim totaling $5,200. Audit Analysis The audit analysis (Attachment C) of activity and related costs indicate that the public impounding service provided will not pay for itself. Part of this is due to the restrictions by the State legislature such as the setting of maximum rates and requirement of certain procedures and documentation. This is also due to the condition of the impounded vehicles and how that affects reclaim or resale activities. Audit provided three scenarios to assist in the evaluation of the City?s options. These scenarios indicate the City can reduce its on-going loss by outsourcing the impound activity. This would require no major outlay of funds, and reduces the City?s loss to approximately $5,223. In addition, it allows Police to redirect 1 ½ officers to other public safety issues. OPTIONS (Attachment A) Due to environmental issues and the increasing volume of impounded vehicles, the vehicle pound should be relocated or eliminated. Several options have been considered. Option one is to maintain current status and reduce capacity to comply with environmental laws. Towing for lack of insurance would not be practical. Option two is to relocate the vehicle pound to a larger site. This option would require a significant investment of as much as a million dollars. This would 3 include acquiring land, utilities, fencing and a security system. Relocating the vehicle pound would not reduce the staff time required to operate the pound and could increase that time due to site location. Option three would be to outsource towing with a rotation list of local towing companies and let them take police-initiated tows to their storage facility. A small storage area operated by the City would be needed for evidentiary o impounds. If an officer places a hold on an impounded vehicle stored at the towing company?s facility, statelaw requires that the City pay for towing and storage fees incurred until the hold is lifted.(C.C.P. Art. 18.23 ?A law enforcement agency that directs the towing and storage of a motor vehicle for an evidentiary or examination purpose shall pay the cost of the towing and storage?.) In addition, the Police Department needs the storage area for recovered bicycles, and items too large to store inside the Police Property and Evidence Room. At this time there are more than 140 bicycles in the vehicle pound. The current location would suffice for this purpose with some improvements to the fence and alarm. The City ordinance (Attachment D) would be revised to give the City more control over who is allowed to participate and raise the level of performance of the towing companies. The towing companies would be responsible for the vehicles as soon as the wrecker connects to the vehicle and would be responsible for releasing and of claimedand unclaimed vehicles. This would eliminate the City?s involvement in disposal of the unclaimed vehicles currently sold at our auction and would eliminate the need for a police-operated and City owned vehicle pound. Respectfully submitted, Charles Wiley Chief of Police Prepared by: Paul Abbott Captain Support Bureau Lloyd Burns Lieutenant Support Bureau 4 Attachment A Auto Impound Current with Outsourced Security and Moved to New AreaStorage 2% of Costs and Operational Options Environmental(With/Without Land)Gross for updatesRevenue Auction VehicleComponent (255Cnt)Option IOptionIIOption III Gross Auction Revenue 80,749.08 80,749.08 - Costs WreckerExpenditures (255 x$105) (26,775.00) ( 26,775.00) Personnel - Police - Police direct auction oversight (Not /car)$ (11,098.91)$ ( 11,098.91) ( 6,467.84) - Impounding (30 min/car) (4,652.98) ( 4,652.98) - Certified letters &Tracking(30min/car)$ (4,652.98)$ ( 4,652.98) - Auction preparation (30 Min/car) (4,652.98) ( 4,652.98) Personnel - Purchasing - Agent(per auction) (2,663.85) ( 2,663.85) - Buyer(per auction) (1,995.84) ( 1,995.84) Other - Auction Costs - AuctioneerExpense (10% ofgross) (8,074.91) ( 8,074.91) - Auction LegalAdvertisement (1,937.10) ( 1,937.10) - Certified letters and copies(mailing, printing) (1,426.67) ( 1,426.67) Other Miscellaneous - %of SupportCosts (xfers5%of expenditures) (3,396.56) ( 3,396.56) TotalCosts$ (71,327.78)$ ( 71,327.78)$ ( 6,467.84) Net Income/Loss$ 9 ,421.30$ 9,421.30$ ( 6,467.84) Reclaimed VehicleComponent Revenue -Reclaimed Revenue - Wrecker fees reimbursed 1 01,810.00 101,810.00 - Impound Fee ($15) 18,465.00 18,465.00 - 1st day Storage Revenue collected (approx. 70%) 14,640.00 14,640.00 - 2nd day Storage Revenue collected (Approx. 10%) 2 ,085.00 2,085.00 - Annual Permit fees 379.00 379.00379 - City SalesTax collected 866.00 866.00866 Total Reclaimed Revenue$ 1 38,245.00$ 138,245.00$ 1,245.00 Reclaimed Costs Personnel - Police: - Impounding (based on 1,115 vehicles) (27,112.07) ( 27,112.07) - Release (27,112.07) ( 27,112.07) - Certification and tracking (5 min trackingonly) (3,254.91) ( 3,254.91) - Oversight & Certifiedprocess (48,530.53) ( 48,530.53) Other - Wrecker Fees paid (99,591.00) ( 99,591.00) Other Miscellaneous - Certified letters - Mailing,Printing (6,232.63) ( 6,232.63) - %of SupportCosts (transfers5%of expenditures) (10,591.66) ( 10,591.66) (transfersat 5%of expenditures) TotalReclaimedCosts$ (222,424.87)$ ( 222,424.87)$ - Reclaimed Income/(Loss)$ (84,179.87)$ ( 84,179.87)$ 1,245.00 Combined Auction and Reclaim Income/(Loss)$ ( 74,758.57)$ (74,758.57)$ ( 5,222.84) AnnualDebt outlay for security/improvements $ (9,585.74)$ ( 52,526.02)$ ( 10,152.05) Annual- Land Purchase $ ( 63,507.43) TOTAL Annual Income/(Loss)$ ( 84,344.31)$ (190,792.02)$ ( 15,374.89) Without land purchase >>>>$ ( 127,284.59) 2-BU-Attachment A-ImpoundCosts-Options.xls, Report, 03/10/20061 DebtOutlayCalculations: Paving andSecuring current sitefor 1/2 acre Pavingat 6 inches deep 1/2acre (56,222.28) - 8foot Security fence (approx. 640ft @$8) 5 ,120.00 - Alarm System (estimate) (30,000.00) - AutomaticGate (6,000.00) Stormceptor (35,000.00) Interestat 4%/10 yrs 26,244.87 Total NeededLand Improvements (95,857.41) Yearlypayment$ (9,585.74) Total Paving andSecuring current siteat 3acres Pavingat 6 inches deep ( 337,333.70) - 8foot Security fence (approx. 3,000 ft at$8/ft) ( 24,000.00) - Alarm System (estimate) ( 30,000.00) - AutomaticGate ( 6,000.00) Stormceptor ( 35,000.00) Interestat 4%/10 yrs$ ( 92,926.52) Total NeededLand Improvements ( 525,260.22) Yearly payment$ ( 52,526.02) Land Purchase- 3acres Land at$4 per square foot$ ( 522,720.00) Interestat 4%/10 yrs$ ( 112,354.30) Total NeededLand Improvements ( 635,074.30) Yearly payment$ ( 63,507.43) Paving andSecuring current sitefor a16-car lot Pavingat 6 inch ($2.58/sf for 4000 sf)$ ( 10,320.00) - 8foot Security fence (approx. 280ft @$8) ( 2,240.00) - Alarm System (estimate) ( 30,000.00) - AutomaticGate ( 6,000.00) Stormceptor ( 35,000.00) Interestat 4%/10 yrs ( 17,960.52) Total NeededLand Improvements ( 101,520.52) Yearlypayment$ ( 10,152.05) OtherOptions- Debt calculations Paving for 1acre adjacent to the police department Pavingat 6 inch 1 acre$ (112,444.57) Interest10 years@ 4% (24,169.02) Total Land Only (136,613.59) Yearlypayment$ (13,661.36) 2-BU-Attachment A-ImpoundCosts-Options.xls, Report, 03/10/20062 Attachment B VEHICLE POUND COMPARISON City-owned & operated City-owned leased to private company One companyfor towing&storage One companyfor towing only Multiple companies for towing &storage Rotation list - towed to city pound ATTACHMENT C Audit Project: Vehicle Impound CM Approved:Project #: 12/20/2005 2006-0001 Needed Completion Date:Current Projected Date: January 13, 2006 February 28, 2006 Audit is to analyze the impound activity and develop the related costs of service. Consideration is to be given to capital, labor and other relevant operational expenditures that can be directly or indirectly tied to the impounding and disposal of vehicles or items. Summary Information: The results of an impound study that involved full costing of the activity indicates that the City is currently showing an annual loss of $74,500. The analysis considered three options to how different scenarios might affect that outcome. Vehicles are released from impounding either by being reclaimed or by being abandoned and sold at auction. The following summarizes those activities as it affects the City financially. Analysis is based on 2004-2005 activities. currently represents 17% of all impound vehicles. Unclaimed vehicles sold at Auction vehicles public auction average an annual profit of $9,500 ($36 per vehicle). The costs, however, currently include no capital or financing costs for land or improvements. This profit does not take into account the uncollected storage (60 days at $20) or the $20 impound fee. Although this does not affect the City?s overall profit, it does affect the determination of the amount of space required for the impound process. Financing security and environmental improvements over a 10-year period adds $10,000 to $53,000 annually. The environmental requirements would also shrink the current pound to ½ instead of 1 acre. The current need according to the 2005 activity is 1.5 acres and 3 acres is recommended to allow for growth if storage continues to be a function the City maintains. The purchase of land represents an additional $63,000 per year. This is calculated at the current market rate of $4 per square foot for a total of $522,720 plus interest. average a loss of $84,200 ($180/vehicle). This is calculated using the Reclaimed vehicles current rate of $15 for impound fee and $15 per day storage fee. Both these fees are regulated by the state and a current change allows a $20 fee. This increase reduces the loss to $72,500 or a loss of $59 per vehicle. This loss does not include any costs associated with land or improvements for storage facilities. to the City is $74,800 or $50 per vehicle. This represents a full costing of the Overall net loss activity. However, it should be noted that there are other costs, not considered highly probable at this time such as legal claims of damage occurring on the lot, that are not taken into consideration. Alternatives Analysis: The analysis included three options. All options are calculated using the 2004-2005 activity as a basis for the calculations. This included 255 auction vehicles and 1,231 reclaimed vehicles. maintained the current activity and the facilities, but updated the pound with security Option I and environmental improvements. The improvements would effectively reduce the impound area from 1 acre to ½ acre to allow for the required 50 feet buffer zone measured to the center of the creek. At the 2004-2005 level, the city would continue to lose $74,500 on the impound activity and an additional $10,000 a year for financing of security and environmental improvements. Total loss per year would be $84,500. The reduction to a ½ acre results in a reduced capacity to approximately 50 vehicles. Current impound volume increases would indicate that 1.5 acres are currently needed, ultimately making this option void. considers moving the pound and increasing the land from ½ acre to 3 acres. This Option II would accommodate approximately twice the current impound activity or 537 cars. If using land owned by the City and not creating additional debt, the necessary improvements would increase the annual loss by $53,000. If land were purchased at the current market rate or $4 per square foot, an additional annual loss of $64,000 would occur. outsources the impound storage function. The outsourcing of the impound activity Option III also forgoes the current known revenue. However, oversight of the contract and the required certification process would still be necessary. Although we can authorize that activity to be done by a third party, the law enforcement agency is still held responsible. The outsourcing option reduces the oversight by 60%. This option would still result in a loss of $5,200 for impound activity. In addition, an area to accommodate a maximum of 16 cars held as part of an investigation would require improvements that would add an annual finance outlay of a minimum of $10,000. The annual loss for the first 10 years would be $15,200. Outsourcing would also minimize or eliminate some inherent risks such as the legal claims for damages or theft of stored vehicles. Option III results in the lowest loss to the City. The loss will increase within all Results ? options as the impound volume increases. But with Option III a potential exists to offset the loss by freeing up 1.5 officers for other duties. The strictness of the outsourcing contract can affect this earning potential. It should also be noted that concern and consideration is and should be given to the affect of outsourcing on the current wrecker services. Consideration should be given to possibly segregating the towing and the storage services. This would allow wrecker services, regardless of size to participate in the activity. 2 4-BU-ATTACHMENT C-AUDIT PROJECT.DOC S:\Our Documents\Ordinances\06\Towing Ordinance.doc ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE PROVISIONS OF CHAPTER 23 RELATING TO POLICE BY REPLACING ARTICLE IV TITLED POLICE-INITIATED TOWING SERVICES IN ITS ENTIRETY WITH A NEW ARTICLE IV; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $500 FOR VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1.Chapter 23 ?Police? of the Code of Ordinances of Denton, Texas is hereby amended by replacing Article IV of Chapter 23 titled ?Police-Initiated Towing Services? in its entirety. SECTION 2.Article IV of Chapter 23 ?Police-Initiated Towing Services? of the Code of Ordinances of Denton, Texas is hereby amended to read as follows: Chapter 23 ARTICLE IV. POLICE-INITIATED TOWING SERVICES. DIVISION 1. GENERALLY Sec. 23-81. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: means any occurrence which renders a vehicle wrecked or disabled, as defined Accident in this section. means permission granted by the City to a person to have their tow Annual permit truck(s) placed on the police-initiated tow list for a period of one year, renewable under the provisions of this article. means a conviction in a federal court or a court of any state or foreign nation Conviction or political subdivision of a state or foreign nation that has not been reversed, vacated, or pardoned. is that time between 8:00 a.m. to 5:00 p.m., Monday through Friday Day towing excluding holiday towing means the department designated by the City Manager to enforce and Department administer this article. S:\Our Documents\Ordinances\06\Towing Ordinance.doc means the Chief of Police or his designee assigned by the City Manager to Director enforce and administer this article and includes representatives, agents, or department employees designated by the director. means the status of any vehicle which had been rendered unsafe to be driven Disabled upon the streets as the result of some occurrence other than a wreck, including, but not limited to mechanical failures or breakdowns, fire, the elements, or vandalism, so as to reasonably necessitate that such vehicle be removed by a wrecker. means an individual who drives or operates a vehicle. Driver means alternately flashing blue and/or yellow lights that emit a light Emergency lights visible at a distance of 500 feet in normal sunlight and are mounted as high and as widely spaced laterally as practicable. means any motor vehicle designed and used primarily for Heavy-duty tow truck removing wrecked or disabled vehicles in excess of 26,000 pounds gross vehicle weight (GVW) upon any street. means the application and first connection of the tow service truck to the towed Hook-up vehicle. means a citizen of the United States or a person residing in the United Legalresident States in accordance with federal immigration laws. means a facility licensed by the State of Texas for the Licensed vehicle storage facility storage of vehicles under the Vehicle Storage Facility Act, as amended (Texas Occupations Code, chapter 2303). means towing service at all times other than ?day Night, weekend and holiday towing towing?. means any tow conducted without the permission of, or not at the Non-consent tow direction of, the vehicle?s driver or owner, or such owner?s authorized representative, regardless of the vehicle?s location or condition. means to drive or to be in control of a tow truck. Operate means the driver of a tow truck; the owner of a tow truck; or the holder of a tow Operator truck permit . means the person to whom state license plates for a vehicle were issued. Owner means an individual, corporation, government or governmental subdivision or Person agency, trust, partnership, or two or more persons having a joint or common economic interest. see section 23-82. Police rotation list ? Page 2 of 14 S:\Our Documents\Ordinances\06\Towing Ordinance.doc means a motor vehicle designed and equipped as to be Tilt bed/roll back car carrier capable of lifting another vehicle upon itself for the purpose of transporting a motor vehicle that cannot be safely transported by a wrecker. means a person engaged in the business of a wrecker or towing service Tow service whereby vehicles are towed or otherwise removed at the direction of officers of the City Police Department by the use of a wrecker or motor vehicle designed for that purpose. means any motor vehicle designed and used primarily for removing wrecked Tow truck or disabled vehicles upon any street. means every device in, upon or by which any person or property is or may be Vehicle transported or drawn upon a street, except devices moved by human power or used exclusively upon stationary rails or tracks. means the site to which a permit holder tows and stores vehicles, Vehicle storage facility which meets the requirements as required by Texas Department of Transportation. Sec. 23-82. Police rotation list and administrative authority established. The director is hereby authorized to establish a rotation list of tow services desiring to provide towing services upon request by the Police Department. The tow services which desire to be placed upon and remain on a rotation list shall comply with the requirements of this article, rules and regulations of the director, provisions of the annual permit, regulations of the Texas Department of Transportation, and other applicable law. The director is hereby authorized to establish rules and regulations to implement the provisions of this article. Sec. 23-83. Exclusions. Except for Texas Transportation Code sections 643.205(a) and (b), this article shall not apply to wrecker services which are not listed on the police rotation list. Sec. 23-84. Duties and responsibilities of services. (a) Tow services shall maintain towing equipment which is adequate to perform such towing service in a reasonably workmanlike manner and proper equipment to tow vehicles in such a manner as to minimize any damage to towed vehicles, as well as appropriate equipment to properly remove any glass or other injurious substance off the roadway resulting from the vehicle being towed or the accident in which the vehicle was involved. Towing equipment will include a minimum of one tilt bed/roll back car carrier. (b) The tow service will provide on-call service for the Police Department 24 hours a day, seven days a week, including holidays. (c) The tow service will arrive at the location of the vehicle to be towed within 30 minutes after receiving a request for towing. Heavy-duty tow trucks will arrive at the location of the vehicle to be towed within one hour. Page 3 of 14 S:\Our Documents\Ordinances\06\Towing Ordinance.doc (d) The tow service will tow the vehicle from the scene within a reasonable time. (e) The person operating any tow service shall make every reasonable effort to minimize damage to towed vehicles. Where appropriate, such reasonable effort shall include, but is not limited to the following: (1) use of a dolly or carriage for towing; (2) disconnection of the drive shaft; (3) release of brakes; and (4) towing at a reasonable speed. (f) Any tow service operating under this article must keep and maintain for three years from the date of towing the following records: (1) make and model of the vehicle; (2) license number of the vehicle; (3) date of the tow; (4) location of hook-up; (5) itemized list of fees; and (6) disposition of vehicle, if not claimed by owner or lien holder. (g) The tow service shall transport the vehicle to and store the vehicle in a Texas Department of Transportation licensed vehicle storage facility located within the city of Denton. The vehicle storage facility must comply with applicable statutes, ordinances and regulations, and must have a capacity to hold every vehicle requested to be towed by the Police Department. The facility must be completely enclosed with adequate fencing, locks and other security devices as necessary to maintain security of stored vehicles. (h) The operator of any tow truck responding to a police-initiated tow will not be under the influence of, or consume an alcoholic beverage, drug, or other substance that could adversely affect the driver?s ability to drive a motor vehicle. (i) The operator of a tow service will provide to the director, one phone number which will be monitored by the tow service 24 hours a day, seven days a week. (j) The operator will be responsible for the disposal of unclaimed vehicles and will comply with the Vehicle Storage Facility Act, chapter 2303 of the Texas Occupations Code, the Texas Department of Transportation?s Motor Carrier Division regulations, any other statutes that Page 4 of 14 S:\Our Documents\Ordinances\06\Towing Ordinance.doc affect the title transfer of a stored vehicle, and any other applicable City ordinances or state and federal laws. Sec. 23-85. Selection of service. In all police-initiated towing of vehicles, the police officer ordering the tow shall request that the towing service be performed by the tow service then first on the rotation list maintained in the police communications center. The police officer may allow the driver or owner of a vehicle, which is disabled, including vehicles involved in an accident, to request a tow service other than the next wrecker on the rotation list or a tow service not on the police rotation list. The driver or owner?s choice of tow service must respond within the same time constraints as tow trucks on the police rotation list. When emergency circumstances exist which require the immediate removal of a vehicle from the roadway, the police officer may request towing service from the tow service nearest to the scene of the emergency. A police officer may also request towing service from any company operating large cranes or other heavy equipment if such equipment is necessary to remove traffic obstructions involving large trucks or heavy equipment. Sec. 23-86. Prohibited acts. (a) It shall be unlawful for any tow service to arrive at the scene of a police investigation as a result of monitoring or intercepting police calls by radio or other device. (b) It shall be unlawful for any towed vehicle to be dismantled, have parts removed or tires deflated, except as necessary for towing. Sec. 23-87. Fees charged; bills. The towing-related fees shall be established by the City Council and on file in the office of the City Secretary. Sec. 23-88. Qualification for police-initiated towing permit. (a) To qualify for a towing permit, an applicant, including operators, must: (1) be at least 19 years of age; (2) be currently authorized to work full-time in the United States; (3) hold a valid driver?s license issued by the State of Texas; (4) be able to communicate in the English language; (5) Not be afflicted with a physical or mental disease or disability that is likely to prevent the applicant from exercising ordinary and reasonable control over a tow truck, or that is likely to otherwise endanger the public health or safety; Page 5 of 14 S:\Our Documents\Ordinances\06\Towing Ordinance.doc (6) Not have been convicted of more than four moving traffic violations arising out of separate transactions, or involved in more than two automobile accidents in which it could be reasonably determined that the applicant was at fault, within any 12 month period during the preceding 36 months; (7) Not have been convicted or placed on probation or deferred adjudication for a crime: a. Involving: 1. Criminal homicide as described in Texas Penal Code chapter 19; 2. Kidnapping as described in Texas Penal Code chapter 20; 3. A sexual offense as described in Texas Penal Code chapter 21; 4. An assaultive offense as described in Texas Penal Code chapter 22, other than a Class C misdemeanor; 5. Robbery as described in Texas Penal Code chapter 29; 6. Burglary as described in Texas Penal Code chapter 30; 7. Theft as described in Texas Penal Code chapter 31, but only if the violation is punishable as a felony; 8. Fraud as described in Texas Penal Code chapter 32; 9. Tampering with a governmental record as described in Texas Penal Code chapter 37; 10. Public indecency (prostitution or obscenity) as described in Texas Penal Code chapter 43; 11. The transfer, carrying, or possession of a weapon in violation of Texas Penal Code chapter 46, but only if the violation is punishable as a felony; 12. A violation of Texas Health and Safety Code chapter 483 ?Dangerous Drugs,? that is punishable as a felony; 13. A violation of Texas Health and Safety Code chapter 481 ?Controlled Substances Act,? that is punishable as a felony; or 14. Criminal attempt to commit any of the offenses listed in subsection (7)(a)1 through 13 of this subsection. Page 6 of 14 S:\Our Documents\Ordinances\06\Towing Ordinance.doc b. For which: 1. If the applicant was convicted for a misdemeanor offense, less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date; 2. If the applicant was placed on probation or deferred adjudication for a misdemeanor offense, less than two years have elapsed since the date of successful completion of probation or deferred adjudication; 3. If the applicant was convicted for a felony offense, less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction or the date of release from parole, whichever is the later date; 4. If the applicant was placed on probation or deferred adjudication for a felony offense, less than five years have elapsed since the date of successful completion of probation or deferred adjudication; 5. Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if, within any 24 month period, the applicant has two or more convictions of any misdemeanor offense or combination of misdemeanor offenses; 6. Less than five years have elapsed since the date of the successful completion of probation or deferred adjudication for the last offense, whichever is the later date, if, within any 24 month period, the applicant has been placed on probation or deferred adjudication two or more times for any misdemeanor offense or combination of misdemeanor offenses; 7. Not have been convicted of, or discharged by probation or deferred adjudication for, driving while intoxicated: (a) within the preceding 12 months; or (b) more than one time within the preceding 10 years; 8. Not be addicted to the use of alcohol or narcotics; and 9. Be subject to no outstanding warrants of arrest. (b) An applicant who has been sentenced for an offense listed in subsection (a)(7), for which the required time period provided by this ordinance has elapsed, may qualify for a towing permit only if the director determines that the applicant is presently fit to engage in the Page 7 of 14 S:\Our Documents\Ordinances\06\Towing Ordinance.doc occupation of a tow truck operator. In determining present fitness under this section, the director shall consider the following: (1) The extent and nature of the applicant?s past criminal activity; (2) The age of the applicant at the time of the commission of the crime; (3) The amount of time that has elapsed since the applicant's last criminal activity; (4) The conduct and work activity of the applicant prior to and following the criminal activity; (5) Evidence of the applicant's rehabilitation or rehabilitative effort while incarcerated or following release; and (6) Other evidence of the applicant's present fitness, including letters of recommendation from prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodial responsibility for the applicant; the sheriff and chief of police in the community where the applicant resides; and any other persons in contact with the applicant. (c) It is the responsibility of the applicant, to the extent possible, to secure and provide to the director the evidence required to determine present fitness under this ordinance. . Secs. 23-89--23-95. Reserved DIVISION 2. PERMIT Sec. 23-96. Annual permit required. (a) No tow service shall engage in the business of towing vehicles at the direction of aCity police officer without first obtaining a police rotation list privilege permit from the City. The annual permit fee shall be established by the City Council and on file in the office of the City Secretary. (b) Before an annual permit is granted, the application for the annual permit must be approved by the director. The granting of an annual permit is in the discretion of the director, but will not be granted unless: (1) The proposed towing service is required by the public convenience and necessity; and (2) The applicant qualifies for operating authority under sections 23-97 and 23-88 of this article and is otherwise fit, willing, and able to operate the towing service in accordance with the requirements of this article, rules and regulations of the director, provisions of the annual permit, and other applicable law. Page 8 of 14 S:\Our Documents\Ordinances\06\Towing Ordinance.doc (c) No permit shall be transferred or assigned from any person to another. When any change of ownership or change of controlling interest occurs, the prior permit shall be null and void. Sec. 23-97. Application. (a) To obtain an annual permit, a person shall make application to the director in the manner prescribed by this section. The applicant must be the person who will own, control, or operate the proposed towing service. An application for a police rotation list privilege permit required in this division shall be notarized and shall be made on forms prepared and made available by the Police Department. An applicant shall file with the director a written, verified application statement, to be accompanied by a nonrefundable application fee of $150.00, containing the following: (1) The name, home address and business address of each owner, part owner or partner, silent or active; (2) The business address, telephone number, and the location and telephone number of any storage area; (3) A description of the size and capacity of all tow trucks used by the tow service. (4) A copy of a certificate of a garage or automobile liability insurance policy insuring the tow service owner and all his employees for liability for death, bodily injury or property damage to third parties in the amount of not less than $300,000.00 for any one person, $500,000.00 for one incident, and $100,000.00 for property damage; (5) A copy of a certificate of a garage keeper?s liability insurance policy insuring the tow service and the city as an additional named insured for liability for property damage to any vehicle or contents thereof in its care, custody and control as aresult of providing towing services in an amount of not less than $50,000.00; (6) Documentary evidence of payment of ad valorem taxes on the property to be used in connection with the operation of the vehicle storage facility; (7) The applicant must own or have exclusive use of a vehicle storage facility. See section 23-84(g); (8) The application shall be signed by each owner, part owner, or partner, active, or silent; and (9) Such additional information as the director considers necessary to assist or promote the implementation or enforcement of this article or the protection of the public safety. Page 9 of 14 S:\Our Documents\Ordinances\06\Towing Ordinance.doc (b) A permit holder shall notify the director in writing of any change of address or change in ownership or management of the towing service not less than ten (10) days prior to the change. Sec. 23-98. Insurance required. The insurance enumerated in section 23-97 shall be required for all tow services, and must be kept in effect during the period for which the permit is issued. Insurance required by this ordinance must include: (a) A cancellation provision in which the insurance company is required to notify the director in writing not fewer than 30 days before canceling or making a material change to the insurance policy; (b) A provision to cover all vehicles, whether owned or not owned by the holder, operated under the holder?s operating authority; and (c) A provision requiring the insurance company to pay every claim on a first dollar basis. Apermit will not be granted or renewed unless the applicant or holder furnishes the director with such proof of insurance as the director considers necessary to determine whether the applicant or holder is adequately insured under this section. Sec. 23-99. Investigation by chief of police. Upon receipt of an application for an annual permit the director shall conduct an investigation and make findings of fact concerning public convenience and necessity and other relevant factors, including, but not limited to: (a) All applicants, owners, and partners meet the minimum qualifications for a police-initiated towing permit; (b) The tow service will use only tow trucks equipped with adequate emergency lights; (c) The requirements of all governing laws and ordinances will be met; and (d) The applicant operates, or has available by contract, a licensed vehicle storage facility located within the city of Denton available exclusively for the storage of vehicles towed by the applicant. Sec. 23-100. Issuance. The Police Department shall issue a permit required under this division and add a tow service to the rotation list when: Page 10 of 14 S:\Our Documents\Ordinances\06\Towing Ordinance.doc (a) The police investigation confirms the requirements of sections 23-88 and 23-97 have been met; (b) The insurance policies as required by this division have been produced; and (c) The permit fee has been paid. Sec. 23-101. Term; renewals. Renewal applications shall be on a form furnished by the Police Department. Each permit shall expire at 12:00 midnight on September 30 of each year, and will be renewable only upon compliance with this article and any other applicable laws, ordinances, and regulations in effect at the time of the renewal application. Any person seeking a renewal of a permit for the next fiscal year may apply for renewal between August 15 and September 15. Renewed permits shall become effective October 1 of each year. (a) An annual permit will be denied if: (1) The holder is not in compliance with the permit or applicable provisions of this Code, department regulations, or other law; or (2) The holder does not qualify for operating authority under section 23-88 of this article, or is otherwise not fit, willing, or able to continue to operate the tow service in accordance with the permit and applicable provisions of this Code, department regulations, and other law; or (3) Public convenience and necessity do not require the continued operation of the tow service. (b) Minor changes may be made in a permit by the director. (c) If the director determines that a denial of a permit renewal or material change in the terms or conditions of the permit is required by public convenience and necessity, then he may deny renewal of the permit or make changes in the terms or conditions of the permit. A holder may request a change in the terms or conditions of his permit and the director may grant the change if the change is required by public convenience and necessity. (d) If the permit expires at no fault of the holder before a ruling on the approval or denial of the renewal, the holder may continue to operate the tow service pending a final decision. The holder shall cease operation of the tow service immediately upon denial of the request for renewal by the director. (e) A holder may file an appeal of the director?s decision not to renew a permit in accordance with section 23-103 of this article. Page 11 of 14 S:\Our Documents\Ordinances\06\Towing Ordinance.doc Sec. 23-102 Revocation; suspension. (a) If the director determines that a tow service has failed to comply with this article or a regulation established under this article, the director may suspend the tow service for a definite period of time not to exceed 60 days. (b) If at any time the director determines that a licensee is not qualified under section 23-88 of this article, or is under indictment or has charges pending for any offense involving driving while intoxicated or any offense involving a crime described in section 23-88 of this article, or criminal attempt to commit any of those offenses, the director shall suspend the tow service permit until such time as the director determines that the licensee is qualified or that the charges against the licensee have been finally adjudicated. (c) A licensee whose tow service permit is suspended shall not drive a tow truck for any police-initiated tows. (d) The director shall notify the licensee and the holder in writing of a suspension under this section and include in the notice the reason for the suspension, the date the director orders the suspension to begin, the duration of suspension, and a statement informing the licensee of a right of appeal. The period of suspension begins on the date specified by the director or, in the case of an appeal, on the date ordered by the appeal hearing officer. (e) The director may revoke a tow service permit if the director determines that the licensee: (1) Operated a tow truck on a police-initiated tow during a period in which the tow service permit was suspended; (2) Made a false statement of a material fact in an application for a tow service permit; (3) Engaged in conduct that constitutes a ground for suspension under subsection (a), and received either a suspension in excess of three days or a conviction for violation of this article, two times within the 12 month period preceding the occurrence of the conduct or three times within the 24 month period preceding the occurrence of the conduct; (4) Engaged in conduct that could reasonably be determined to be detrimental to the public safety; (5) Failed to comply with a condition of a probationary permit; or (6) Was convicted of any felony offense while holding a tow service permit. Cancellation of insurance without replacement shall result in the immediate suspensionof any permit issued under this division and removal from the list of tow services until such time that insurance coverage is re-established. Disciplinary action may be taken for repeated lapses in insurance coverage. Page 12 of 14 S:\Our Documents\Ordinances\06\Towing Ordinance.doc (f) A person whose tow service permit is revoked shall not: (1) Apply for another tow service permit before the expiration of 24 months from the date the director revokes the permit or, in the case of an appeal, the date the appeal hearing officer affirms the revocation; or (2) Drive a tow truck on a police-initiated tow. (g) After receipt of notice of suspension, revocation, or denial of license renewal, the licensee shall, on the date specified in the notice, discontinue operating a tow truck on police- initiated tows. (h) Notwithstanding subsections (c) and (h), if the licensee appeals the suspension or revocation under this section, the licensee may continue to drive a tow truck on police-initiated tows pending the appeal unless: (1) The tow service permit of the licensee is suspended pursuant to subsection (b) or revoked pursuant to subsection (e)(6) of this section; or (2) The director determines that continued operation by the licensee would impose an immediate threat to public safety. (i) After suspension of a permit, a holder may file an appeal in accordance with section 23-103 of this article. The director shall inspect the operation of the suspended holder to determine if the deficiency causing the suspension has been corrected by the holder. After inspection, the director shall submit his recommendation together with supporting facts to the City Manager or his designee. 23-103 Appeal. (a) A person may appeal the following decisions of the director if he requests an appeal in writing and delivers it to the City Manager not more than 10 business days after receiving notice of the director?s action: (1) A suspension or revocation of a permit; (2) A denial of renewal of annual permit; (3) Denial of a tow service permit application; (4) Suspension of a tow service permit under section 23-102 of this article; or (5) Revocation of a tow service permit. (b) The City Manager or his designated representative shall act as the appeal hearing officer in an appeal hearing under this section. The hearing officer shall give the appealing party an opportunity to present evidence and make argument on his behalf. The formal rules of Page 13 of 14 S:\Our Documents\Ordinances\06\Towing Ordinance.doc evidence do not apply to an appeal hearing under this section, and the hearing officer shall make his ruling on the basis of a preponderance of the evidence presented at the hearing. (c) The hearing officer may affirm, modify, or reverse all or part of the action of the director being appealed. The decision of the hearing officer is final. SECTION 3.If any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not effect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any invalidity. SECTION 4.Save and except as amended hereby, all the provisions, sections, subsections paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain in full force and effect. SECTION 5.Any person found guilty of violating this ordinance by a court of competent jurisdiction shall be fined a sum not to exceed $500 per day. Each day that a provision of this ordinance is violated shall constitute a separate offense. SECTION 6.This ordinance providing for a penalty shall become effective 14 days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within 10 days of the date of its passage. PASSED AND APPROVED this the ____ day of _____________, 2006. ______________________________ EULINE BROCK, MAYOR ATTESTED: JENNIFER WALTERS, CITY SECRETARY BY: _________________________________ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: _________________________________ Page 14 of 14 AGENDA INFORMATION SHEET April 4, 2006 AGENDA DATE: Fire DEPARTMENT: Jon Fortune ACM: SUBJECT Receive a report, hold a discussion and give staff direction regarding a proposed Emergency Services District for Fire and Emergency Medical Services in the Argyle, Bartonville and Copper Canyon jurisdictions and other County areas in the City of Denton?s ETJ. BACKGROUND On September 20, 2005, the City Council held a work session to receive a report on a proposed Emergency Services District for Fire and Emergency Medical Services in the Argyle, Bartonville and Copper Canyon jurisdictions and other County areas in the City of Denton?s extraterritorial jurisdiction (ETJ). Since a portion of that proposed district falls within the City?s ETJ, the law requires certain notifications and timelines once the district is formally filed with the County Commissioners Court. At that work session, the Council gave Staff direction to monitor the situation and report back when the district was actually filed with Denton County along with the actions required by the City of Denton and a Staff recommendation. The Argyle Volunteer Fire District (AVFD), the fire department serving the Denton County area south of the city of Denton, Texas, including the territorial limits and jurisdictions of Argyle, Bartonville, Copper Canyon, Northlake and Corral City, as well as the Denton County Fresh Water Supply Districts encompassing the Lantana subdivision has now filed a petition with the County Judge of Denton County for the formation of an emergency services district pursuant to Chapter 775, Texas Health & SafetyCode. It is anticipated that the issue of the creation of this district will be presented to the voters at the November 2006 uniform election. On March 6, 2006, the Mayor received an official notification letter dated February 27, 2006 from the attorney representing the AVFD requesting written consent from the City of Denton to include the exterritorial jurisdiction of the City within the proposed district as outlined on the attached map. Pursuant to the state statue, before a district may be created that contains territory in a municipality?s territorial limits or ETJ, a written request to be included in the district must be presented to the municipality?s governing body after the petition is filed.The statute requires the th City?s consent on or before the 60 day after the date of the receipt of the letter,which would be on or before May 5, 2006. Argyle, Bartonville, Copper Canyon, Northlake, and Corral City have already consented to the creation of this proposed district. Currently, the AVFD as a non-profit corporation formed by those municipalities provides fire department services through contracts with the jurisdictions as well as Denton County. However, as the area continues to grow, the Argyle Fire Department has identified that it needs to move toward a career fire department supplemented by volunteers to meet increasing service demands. An ?Argyle Volunteer Fire District Evaluation and Plan? by Emergency Services Page 1 of 4 Consulting recommended the creation of an Emergency Services District (ESD) to provide emergency medial services, emergency ambulance services, and rural fire prevention and control services and to levy an ad valorem tax up to $0.10 per $100 of assessed value to fund the district. What is an Emergency Services District? Subchapter B of Chapter 775 of the Health and Safety Code outlines the procedure for creating an Emergency Services District (ESD). The process is started by submission of a petition to the County Judge from at least 100 voters who own taxable property within the proposed district. The petition must include: 1.The statement that the creation of the district is in accordance with the relevant sections of the constitution and law. 2.The name of the proposed district. 3.A legal description of the boundaries of the proposed district. 4.A list of services that theproposed district will provide. 5.The mailing address of each petitioner. 6.The name of each city whose consent to form must be obtained. The consent to form the ESD is solicited from all cities included within the proposed boundaries. Municipal consent is also required from any city with an ETJ designation within the proposed district. In the case of the AVFD, the cities of Argyle, Bartonville, Copper Canyon, Corral City, and Northlake are included wholly (or partly) within the district?s service area. The City of Denton has designated ETJ in the northern extent of the AVFD. The Commissioners Court has sole jurisdiction to grant or deny the petition. If the proposed boundary of the ESD includes cities or ETJ?s, the Court must consider each of the cities and/or ETJ?s. If the Court finds that the proposed district fails to meet stipulated requirements, the petition is denied. If the petition is granted, an election is scheduled to confirm the creation of the district and to authorize the imposition ofa tax levy within the limits fixed by the Texas Constitution. When the election is certified and the district is created, the Commissioners Court appoints a five-member board of emergency services commissioners to serve as the districts governing board. How would this Emergency Services District impact the City? Since the ESD is in the City?s ETJ, the following must be accomplished in accordance with Chapter 775 to create the District: 1.A written request to include the City of Denton?s ETJ in the district to be created must be presented to the City of Denton?s City Council after the petition is filed under Section 775.015. As indicated, this written request was officially received on March 6, 2006. Page 2 of 4 th 2.The City of Denton?s City Council must give written consent on or before the 60 day after the date on which the City receives the request. This date would be on or before May 5, 2006. 3.If the City of Denton?s City Council does not consent to inclusion within the 60-day period as stated above: A majority of the qualified voters and the owners of at least 50 percent of the territory in the City of Denton ETJ that would have been included in the district may petition the City of Denton?s City Council to make fire control and emergency medical and ambulance services available. th The petition must be submitted to the governing body not later than the 90 day after the date on which the City of Denton receives the request. 4.If the City of Denton?s City Council refuses or fails to act on the petition within six months after the date of which the petition was submitted, then the refusal or failure to act constitutes consent for the territory that is the subject of the petition to be included in the proposed district. There are also provisions that allow a municipalityto annex territory in a district but this may involve compensation of a pro rated portion of the District?s indebtedness. Specifically, Section 775.022 of the law discusses the annexation of ESD territory into a city. When a city annexes part of the ESD with the intention to provide municipal emergency services in the annexed area, the city must compensate the ESD for the territory?s share of any bonded or other indebtedness. In addition, the city may be required by the ESD to purchase any real or personal property used to provide service in the de-annexed area. OPTIONS There are several options that the City may consider in making a decision on areas of its ETJ. All the options essentially depend on an annexation policy for the ETJ in the proposed ESD. 1.If the City does not intend to annex the areas of the ESD that fall within the city?s ETJ, it could consent to the formation of the district. The advantage to the City is that the Argyle Fire Department will improve in its response capabilities and that will improve the fire protection and EMS mutual aid availability in the southwestportions of Denton, most notably Robson Ranch and Country Lakes developments. 2.If the City determines it may annex this area in its ETJ sometime in the future, it could oppose the district due to future financial liabilities and choose to provide the fire protection and EMS services to the territory with City resources. 3.If the City determines it may annex this area in its ETJ sometime in the future, it could support the district now and contract with the district after annexation to continue providing the fire protection and EMS services to the territory supported with City resources. Page 3 of 4 4.If the City determines it may annex this area in its ETJ sometime in the future, it could oppose the district due to future financial liabilities and voice its opposition to the Commissioners Court. RECOMMENDATION Staff recommends that the City of Denton consentto the formation of the district. Improving the fire and emergency medical services on our southwestern border certainly will benefit the City?s overall response plan. If the City annexes the areas within its ETJ in the future, determination of the provision of those services may be made at that time based on the impact of the financial liabilities incurred by the district to the City.This would include the option of contracting with the existing district fire department or providing the services with City resources or a combination of both. If you should have any questions, please contact me at 8830. EXHIBITS Proposed District Map Respectfullysubmitted: ______________________________ Ross Chadwick FireChief Page 4 of 4 AGENDA INFORMATION SHEET April 4, 2006 AGENDA DATE: Fire Department DEPARTMENT: Jon Fortune ACM: SUBJECT Receive a report, hold a discussion, and give staff direction regarding Fire Station #7 construction bids. BACKGROUND The City of Denton requested competitive sealed proposals for the construction of Fire Station #7 (RFCSP-3458) with the documented instructions that the City would award the contract for this project on the basis of the lowest and/or best proposal for which funds are available and as may be accepted by the City. Bidders were instructed that the City reserves the right to select the proposal that will most benefit the City?s overall building programs, and in the event that alternate bids are required, the City is not bound to accept the alternates in the order in which they are listed. In addition to a base bid using the drawings and specifications, bidders were asked to submit bids on fourteen (14) specific alternate items. Base Bids Five bidders submitted the following base bids with a difference of $741,333 between the high and low bidders. CR ReynoldsCME Builders & HisawTim Beaty Phillips May EngineeringBuildersCorporation Sherman, TX Cleburne, TX Carrollton, TXDenton, TXDallas, TX $3,125,000$3,178,000$3,370,000$3,794,000$3,866,333 Table1. Proposed Base Bids Alternate Item Bids During the process, Fire Department Staff working with the project?s architect, James Kirkpatrick, determined that alternates 1, 3, 9, 10, 12, 13 and 14 should be incorporated into the scope of the project. The other alternate items were eliminated from further discussion. Following are brief descriptions of the seven alternates. Alternate #1: Reduce patio area and canopy size. Alternate #3: Provide limestone veneer for patio screen wall in lieu of solar block. Alternate #9:Install ice and water shield over entire roof deck. Alternate #10:Install fire protection piping loop as shown on drawings. Alternate #12:Provide an air cascade unit. Alternate #13:Provide microwave, coffee maker and air compressor. Alternate #14:Delete patio screen walls as drawn in specifications. Page 1 of 9 The following table indicates the bids for the seven alternates items identified as necessary for the construction of Fire Station #7 along with the total bid for the construction of the fire station. AlternateCR ReynoldsCME Builders HisawTim Beaty Phillips May Bid Items&BuildersCorporation Engineering Sherman, TX Cleburne, TX Carrollton, TXDenton, TXDallas, TX Base Bid $3,125,000$3,178,000$3,370,000$3,794,000$3,866,333 Alternate 1 ($15,615)($1,000)($2,691)($4,680)$22,530 Alternate 3 ($2,800)$38,500($2,849)($11,500)$44,400 Alternate 9 $5,775$18,700$7,000$8,140$7,296 Alternate 10 $39,600$30,000$28,000$30,000$39,000 Alternate 12 $49,500$46,000$48,000$48,300$53,226 Alternate 13 $2,700$2,700$5,000$2,890$7,548 Alternate 14 ($10,580)($12,000)($11,000)($19,580)($8,080) Alternate $68,580$122,900$71,460$53,570$165,920 Cost Total $3,193,580$3,300,900$3,441,460$3,847,570$4,032,253 Project Cost Table2. Proposed Bids On AlternateItems Another important aspect of this project is construction completion in the timeliest manner possible. Due to the previous delay in the construction of this fire station, residents in the anticipated Fire Station #7 district are anxious to have this fire station in operation as soon as possible. Therefore, completion time was determined to be a critical criterion in selecting the best proposal. CR ReynoldsCME Builders & HisawTim Beaty Phillips May EngineeringBuildersCorporation Sherman, TX Cleburne, TX Carrollton, TXDenton, TXDallas, TX 300 Days365 Days300 Days360 Days300 Days Table3. Proposed Daysto Complete Project SELECTION PROCESS Staff interviewed all five bidders to give all the contractors an equal chance to explain their bids and answer questions. Several questions were developed and sent to each firm prior to the interview so that they could prepare their responses.A diverse interview panel made up of the following individuals interviewed the firms on March 3rd and March 9th. Fire Chief Ross Chadwick Deputy Fire Chief Mark Klingele Fire Captain Brad Lahart Fire Management Assistant Laura Behrens Purchasing Agent TomShaw Facilities Management Director Bruce Henington Facilities Management Herman Lawson Architect James Kirkpatrick Kirkpatrick Associate David Robinson Page 2 of 9 The following questions were submitted to the five bidders, which were used as the foundation for the interviews. 1.Discuss contractor?s ability to and impact of completing this project in 300 days. 2.Identify the risk of the contractor finishing on time, on budget, meeting quality expectations, and no change orders. 3.Identify the method of risk minimization. 4.How many LEED buildings have you built? 5.Indicate experience with LEED certified projects. 6.Have your subs ever worked on a LEED project? 7.Will the proposed HVAC contractor have experience with a geo-thermal system? List prior projects. 8.Do you completely understand the drawing and specs you reviewed? Do you have any questions or concerns?Did you identify any risks? 9.Be prepared to discuss price and scope of work in alternates #1, #2, #3, #5, #7, #9, and #14. 10Please provide cost of the following LEED associated items: a.Construction waste program as specified in 01524. b.Rainwater Harvesting System, including pads for cisterns and underground piping from downspouts. c. Entrance matting. d.Compliance with Credit EQ 3.` as detailed in 01352. e.Operable windows within the aluminum storefront system. f.Contractor cost for LEED administration and documentation. g.Any ?safety? factor added to bids. h.Estimated premium of this project pursuing LEED certification and related products and systems. 11.Please provide a breakdown in your proposed cost using AIA form (schedule of values similar to Application and Certificate for Payment). 12.What is the percentage of mark-up on change orders for both contractor and sub- contractors? 13.Provide suggestions on value engineering maintaining LEED points for certifications. 14. Clarify specifications. SCORING PROCESS Each contractor was interviewed for ninety minutes. Each of the firms were scored based on percentages previously published as the scoring criteria: (1) Cost amount and completion time = 40% of score; (2) Experience and reputation = 30% of score; (3) Personnel and subcontractors = 27% of score; and (4) Financial history and safety record = 3% of score. In the scoring process, the Fire Department had three votes; Purchasing one vote; Facilities Management two votes; and, architect one vote.At the end of all five interviews, all the scoring data from each of the seven scorers was put into a spreadsheet without discussion or identification of the scorer. The results for each category are shown in Tables 4, 5, 6 and 7 with the final rankings indicated in Table 8. Page 3 of 9 Proposed Cost Amount and Days to Completion = 40% a.Proposal cost of construction? b.Do the days to completion fall within an acceptable range for the project? DescriptionCR ReynoldsCME Builders & HisawTim Beaty Phillips May EngineeringBuildersCorporation Average 7.506.438.795.865.79 Score Weighted Average = 30.0025.7235.1623.4423.16 40% Of Total Table4. Scoring for Cost AmountandDaysto Completion(40%) Offeror?s Experience and Reputation = 30% a.Has the offeror provided appropriate references to show experience in like projects? 1.Project experience with fire station. 2.Experience with City of Denton. 3.Experience with other municipalities and/or public entities. 4.Experience with LEED certified projects. b.Have past clients expressed a willingness to work with the offeror again? 1.What is the quality of the Offeror?s work? 2.Does the offeror stay on schedule? 3.Experience with Request for Change and Change Orders. 4.Number of RFI?s and Requests for Change. c.City of Denton Performance Survey DescriptionCR ReynoldsCME Builders & HisawTim Beaty Phillips May EngineeringBuildersCorporation Average 5.946.496.608.065.58 Score Weighted Average = 17.8219.4719.8024.1816.74 30% Of Total Table5. Scoring forExperienceandReputation (30%) Offeror?s Personnel and Subcontractors Assigned to the Project = 27% a.Experience and qualifications of key personnel available for this project. b.Have the proposed personnel demonstrated the ability to demand quality work? c.Are the subcontractors experienced with similar projects and public projects? d.Does the General Contractor and Subcontractors have experience working together on previous projects? e.Availability of General Contractor and Subcontractors in future (i.e., warranty work, and/or like items). Page 4 of 9 DescriptionCR ReynoldsCME Builders & HisawTim Beaty Phillips May EngineeringBuildersCorporation Average 6.767.007.948.946.43 Score Weighted Average = 18.2518.9021.4424.1417.36 27% Of Total Table6. Scoring for Personneland Subcontractors(27%) Offeror?s Financial History & Safety Record = 3% a.Does the offeror have a good bonding record? b.Does the offeror have a safety program in place? DescriptionCR ReynoldsCME Builders & HisawTim Beaty Phillips May EngineeringBuildersCorporation Average 8.868.799.009.218.50 Score Weighted Average = 2.662.642.702.762.55 3% Of Total Table7. Scoring forFinancial History and SafetyRecord (3%) FINAL OVERALL SCORING AND DETERMINATION OF RATING DescriptionCR ReynoldsCME Builders & Tim Beaty Phillips May Hisaw EngineeringBuildersCorporation Weighted Average = 66.7366.7379.0874.4959.80 100 Points Final Ranking34125 Table8.Final Scoring andRankingof Contractors NEGOTIATIONS PROCESS The City?s Purchasing Department did a comprehensive background check on Hisaw & Associates and checked their references. All the references indicated an outstanding job by Hisaw including coming in on budget and on time. Among other projects, references also included a fire station and a communications facility in other municipalities. In addition, their proposed superintendent, Toby Thomason, who has resided in the city of Denton since 1963, was given high marks by every project owner and all said they would hire Hisaw again, especially if Thomason was the superintendent. A City negotiating team madeup of Tom Shaw, Ross Chadwick and Brad Lahart met with representatives of Hisaw on March 21, 2006 to review their bid on constructing Fire Station #7. The company answered all of the City?s concerns and agreed to the following: 1.Base bid with alternates 1, 3, 9, 10,12, 13, and 14 with a not to exceed sum of $3,441,460. This is $406,110 less than the #2 ranked contractor, Tim Beaty Builders. Page 5 of 9 2.All construction will be performed in strict accordance with the Specifications for this project, without exception. 3.Toby Thomason will be the Superintendent from project start to final completion. 4.A guarantee to complete the work no later than January 1, 2007, subject to the Specifications for this project, and they fully understand the conditions of a $500 per day charge for liquidated damages for not completing the project on time. This is a reduction of 60 days from their original project completion bid and approximately 115 days less than the #2 ranked contractor, Tim Beaty Builders. ESTIMATED COSTS OF LEED CERTIFICATION Following is a brief review of the informationthat was shared with the City Council at a work session on November 11, 2005. What is LEED Certification? A key tool in building green is a voluntary certification known as Leadership in Energy and Environmental Design (LEED®), a program launched by the U.S. Green Building Council representing all segments of the buildingindustry in 1998. The LEED Green Building ® Rating System is a voluntary, consensus-based national standard for developing high- performance, sustainable buildings. Sustainability is ecologically compatible design with a natural systems approach based on a dynamic system of values that will continually redefine itself over time. LEED has quickly become recognized as a "best practices" standard for green building design and operations. Used in the commercial, institutional and residential building markets, the LEED system is a complete framework for planning and assessing a building's performance and environmental sustainability. The LEED system recognizes achievements and promotes expertise in green building through a comprehensive system of project certification, professional accreditation, training and practical resources. LEED certification emphasizes state-of-the-art strategies for sustainable site development, water savings, energy efficiency, materials selection and indoor environmental quality. LEED is a flexible, point- driven certification of buildings that sets values for design features, construction processes and energy use. LEED organizes green building measurements into six specific categories by which sustainable design can be measured. 1. Sustainable sites 2.Water efficiency 3.Energy and atmosphere 4.Indoor environmental quality 5.Materials and resources 6.Innovation and design Page 6 of 9 What are the Benefits of a LEED Certified Fire Station? LEED certification offers the opportunity to create an environmentally sound and resource- efficient fire station by using an integrated approach to design that is sensitive to natural resources and their protection. Productivity savings that could be realized are very significant for fire stations because the building is used 24 hours a day, 7 days a week. As energy costs continue to rise, so does the popularity in green buildings. This new direction in building is designed to conserve energy, building materials, land and more while providing tenants with a better place to live and work. It is not only good for the environment, but also has other significant benefits: cost savings from reduced energy and water use; reduced waste; lower operations and maintenance costs; and enhanced occupant productivity and health. A healthful environment at the fire station enhances the health and well being of the crews who live and work there for twenty-four hours at a time. Specifying construction materials and interior-finish products with zero or low emissions improves indoor air quality. Many building materials and cleaning/maintenanceproducts emit toxic gases, like formaldehyde, which can have a negative effect on firefighters' health and productivity. Selecting materials resistant to microbial growth can prevent microbial contamination. Adequate ventilation, heating and cooling systems promote comfortable work and living environments. What are the Potential Cost Savings for LEED Certification? Two of the most obvious and significant operating costs affected by green options are the costs of energy use and water use. Several green options for Fire Station #7 have the potential to affect energy use and, consequently energy costs of operating the building. Energy costs can be calculated by multiplying electric and natural gas (and any other form of energy used in the building) rates by the amount of energy used and adding any fixed energy costs. Using several national comprehensive studies of LEED certified facilities and the potential future energy cost savings in Denton, Staff estimates that the savings would be as follows in the City of Denton LEED certified Fire Station #7 with a total square footage of 15,954. Energy savings were determined by startingwith Staff?s original estimate of annual utility costs of $36,480 with an inflation factor of 5% per year for 25 years. The energy value of 30% was taken from the total 25-year total. The LEED Project design for Fire Station #7 achieves many of the benefits of LEED certification, several which fit into the productivity and health value. The productivity and health value is figured but not added into the potential savings due to the subjectivity of the cost savings. Category25-year Savings Energy Savings at 30% $559,386 Emissions Value (@$1.18/sq ft) $18,826 Water Value $42,000 (?LEED Project Checklist for Fire Station#7?) Waste Value (constructiononly ? 1 year) (@$0.03/sq ft) $479 O & M Value (@$8.47/sq ft) $135,130 Total 25-Year Potential Cost Savings$755,821 Productivity and Health Value (@$36.89/sq ft) $588,543 Table9. DentonFire Station #7LEED Certification Potential Savings Page 7 of 9 As discussed earlier, all the bidders were asked to provide the interview panel an estimate of their anticipated costs to construct Fire Station #7 to Silver LEED certification. All the builders indicated that an exact figure was very difficult to do but Table 10 details their estimates. CR ReynoldsCME Builders & HisawTim Beaty Phillips May EngineeringBuildersCorporation Sherman, TX Cleburne, TX Carrollton, TXDenton, TXDallas, TX $156,201$200,000$190,000$231,678$500,000 Table 10. Estimated LEEDCosts RECOMMENDATIONS 1.Staff recommends entering into a contract with Hisaw and Associates to construct Fire Station #7 for $3,441,460. The approved construction budget for Fire Station #7 is $2,500,000, which was estimated almost three years ago with a contingency for inflation, but before the current significant increases in construction costs, especially steel and wood, and increased building costs caused by the hurricanes in 2005. In addition, the original budget of $2.5 million to construct the fire station did not include the funds to accomplish LEED certification.Therefore, the proposed contract with Hisaw for $3,441,460 is $941,460 more than currently available. Staff recommends that the City Council authorize additional funds be allocated to construct Fire Station #7 as designed and specified. 2.Staff believes that providing additional funds for Fire Station #7 to accomplish Silver LEED certification is in the best interests of the community and the Fire Department members who will occupy the facility.Hisaw estimates this amount to be $190,000 of their proposed bid of $3,441,460. In addition, potential savings will more than offset the expenditure of these funds. 3.The approved budget to purchase a fire engine for Fire Station #7 was $500,000, which included the fire engine and the required emergency equipment, including radios, mobile data computer, hose, tools and emergency medical equipment. Unfortunately, since that forecast was made three years ago even with a contingency for inflation, the costs have significantly increased. The bid to purchase an engine is $436,554 through the HGAC contract and based on our specifications. The required equipment is $122,000. This totals $558,554 necessitating an additional $58,554 more than the budget. Staff recommends that the City Council authorize additional funds be allocated to purchase a fire engine as specifiedand bid through HGAC along with the necessary equipment. 4.Authorize the issuance of Certificates of Obligations for $1,000,000 to fund the additional financial requirements for the construction of Fire Station #7 and the purchase of Fire Station #7?s fire engine. Page 8 of 9 PREVIOUS ACTIONS On October 24, 2005 the Committee on the Environment determined the additional costs for LEED certification to be worthwhile to pursue and recommended that Staff bring the issue to the City Council for discussion and direction. The Committee on the Environment directed Staff to provide a more comprehensive study on the potential cost savings for Council consideration. On November 11, 2005, the City Council directed Staff to pursue LEED certification for Fire Station #7 and to include the certification in its specifications for construction. Council asked to be given a cost estimate for further discussion prior to approving a final construction contract. If you have any questions please give me a call at 349.8830. Respectfully Submitted: ____________________________ RossChadwick FireChief Page 9 of 9 AGENDA INFORMATION SHEET AGENDA DATE: April 4, 2006 DEPARTMENT: City Manager?s Office CM: Howard Martin, City Manager SUBJECT Consider an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Tejas Storytelling Association for supplemental funding for entertainment at the Texas Storytelling Festival; providing for the expenditure of funds therefore; and providing an effective date. BACKGROUND Mayor Pro Tem Perry McNeill has made a request for the expenditure of $200.00 to the Tejas Storytelling Association for supplemental funding for entertainment at the Texas Storytelling Festival. Per the contract, the funds are to be used for entertainment fees. Funds will be distributed with appropriate receipts upon the approval of the ordinance by the City Council. EXHIBITS 1. Ordinance 2. Storytelling Agreement Respectfully submitted: Howard Martin City Manager Prepared by: Linda Holley Executive Assistant Exhibit 1 Exhibit 2 AGENDA INFORMATION SHEET April 4, 2006 AGENDA DATE: Tax DEPARTMENT: Jon Fortune ACM: SUBJECT Consider approval of tax refunds for the following property taxes: Tax NameReasonAmount Year 1.Louy, Jay & StephanieOverpayment2005$ 7,953.11 2.Cycle Center of Denton Duplicate Payment2005$ 2,713.63 3.Baker Distributing Co Overpayment2005$ 2,326.69 4.Dinsmore, Gerald Overpayment2005$ 1,802.06 5.PresbyterianHospital of Denton Duplicate Payment2005$ 1,186.82 6.PresbyterianHospital of Denton Duplicate Payment2005$ 1,140.35 7.Glendora Management LLC Duplicate Payment2005$957.82 8.Glendora Management LLC Duplicate Payment2005$860.61 9.Glendora Management LLC Duplicate Payment2005$860.61 10.First American Title Ins/Pearson, DouglasDuplicate Payment2005$699.76 11.First American/Hardesty,Gerald & SusanDuplicate Payment2005$615.45 12.Citi Mortgage Inc Duplicate Payment2005$503.99 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 $21,620.90. Respectfullysubmitted: DianaG.Ortiz ChiefFinancialOfficer AGENDA INFORMATION SHEET April 4, 2006 AGENDA DATE: Finance DEPARTMENT: Jon Fortune ACM: SUBJECT Consider adoption of an Ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the Unreserved Fund Balance of the General Fund with Certificates of Obligation so that a crematorium for the Animal Shelter can be replaced; declaring an emergency and amending the 2005-06 Capital Improvement Budget to allow funding for said project; and providing an effective date. (Related costs-$90,000) BACKGROUND This acquisition is for the emergency purchase of a crematorium for Animal Services due to the catastrophic failure of the existing unit. A portion of the roof caved in and the repair estimates were in the neighborhood of $20,000. A fully repaired unit does not come close to meeting operational needs and the Fire Marshall recommended to shutdown the existing unit. Prior to installing a new unit some additional support activities such as natural gas and electrical upgrades, and a protective shed must be completed. Facilities Management staff is currently handling these requirements. Additional information can be found in the following agenda item, which concerns the purchase of a new crematorium. Section 252 of the Texas Local Government Code exempts emergency purchases for procurement necessary to preserve or protect the public health or safety of the city?s residents and/or for procurement necessary because of unforeseen damage to public equipment or property. ESTIMATED SCHEDULE OF PROJECT A satisfactory unit is currently in manufacturer?s stock and can shipped upon notification. FISCAL INFORMATION This item will be funded from account 100102452. Respectfullysubmitted: Jon Fortune,AssistantCityManager S:\Our Documents\Ordinances\06\reimbursement ordinance-crematorium.doc ORDINANCE NO. ______________ AN ORDINANCE TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE UNRESERVED FUND BALANCE OF THE GENERAL FUND WITH CERTIFICATES OF OBLIGATION FOR REPLACEMENT OF THE CREMATORIUM AT THE ANIMAL SHELTER; DECLARING AN EMERGENCY AND AMENDING THE 2005-2006 CAPITAL IMPROVEMENT BUDGET; AND PROVIDING AN EFFECTIVE DATE (PROJECT- $90,000 FOR CREMATORIUM). WHEREAS, the City of Denton (the ?Issuer?) is a municipal corporation/political subdivision of the State of Texas; and WHEREAS, the issuer expects to pay expenditures in connection with the replacement of the crematorium at the Animal Shelter more fully described in Exhibit ?A? (the ?Project?); and WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the Issuer and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 Treasury Regulations, to reimburse itself for such payments at such time as it issues the obligations to finance the Project; and WHEREAS, Sec. 8.08 of the Denton City Charter provides that in case of grave public necessity, emergency expenditures to meet unusual and unforeseen conditions, which could not by diligent thought and attention have been included in the original budget, may be authorized by the affirmative vote of at least five of the members of the Council as an amendment to the original budget; and WHEREAS, the City Council finds that there is a grave public necessity and an unforeseen emergency exists which requires amendment of the 2005-2006 Capital Improvement budget because it was unforeseeable that there would be a catastrophic failure of the existing unit, such situation not being known to the City at the time the 2005-2006 budget was adopted, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1:The findings and recitations in the preamble of this ordinance are incorporated herein by reference. SECTION 2:The Issuer reasonably expects to incur debt, as one or more series of obligations, with an aggregate maximum principal amount equal to $90,000.00 for the purpose of paying the costs of the Project, as set forth in the attached Exhibit ?A? which is made a part of this ordinance for all purposes. SECTION 3:All costs to be reimbursed will be for replacement of the crematorium at the Animal Shelter. No tax-exempt obligations will be issued by the Issuer in furtherance of this ordinance after a date which is later than 18 months after the later of (1) the date the expenditures are paid, or (2) the date on which the property, with respect to which such expenditures are made, is placed in service. All amounts expended from the Unreserved Retained Earnings for the Project to pay any costs of the Project shall be reimbursed from Certificate of Obligation proceeds within the 2005-2006 fiscal year. SECTION 4:The foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to this ordinance more than three years after the date any expenditure which is to be reimbursed is paid. SECTION 5:The 2005-2006 budget of issuer is amended up to $90,000.00 to provide for adjustments to budgeted appropriations in the General Fund. SECTION 6:The City Secretary is directed to attach a copy of this ordinance to the original budget and cause this amendment to be published once in the . Denton Record-Chronicle SECTION 7:This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ______ day of ___________________, 2006. _______________________________ EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ___________________________________ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: _________________ ________________ Page 2 Attachment A CIP Project: 2005-2006 Crematorium $90,000 AGENDA INFORMATION SHEET April 4, 2006 Questions concerning this AGENDA DATE: acquisition may be directed Materials Management to Charles Wiley 349-7925 DEPARTMENT: Jon Fortune ACM: SUBJECT Consider adoption of an Ordinance providing for the expenditure of funds for the emergency purchase of a replacement crematorium for the Animal Services Department in accordance with provisions of State Law exempting such purchases from requirements of competitive bidding; and providing an effective date (File 3491-Emergency Purchase of Animal Services Crematorium awarded to FC Industries, Inc. in the amount of $75,004). FILE INFORMATION This acquisition is for the emergency purchase of a crematorium for Animal Services due to the catastrophic failure of the existing unit. A portion of the roof caved in and the repair estimates were in the neighborhood of $20,000. A fully repaired unit does not come close to meeting operational needs and the Fire Marshall recommends shutting down the existing unit. Prior to installing a new unit some additional support activities such as natural gas and electrical upgrades, and a protective shed must be completed. Facilities Management staff is currently handling these requirements. Section 252 of the Texas Local Government Code exempts emergency purchases for procurement necessary to preserve or protect the public health or safety of the city?s residents and/or for procurement necessary because of unforeseen damage to public equipment or property. RECOMMENDATION Award to FC Industries, Inc. in the amount of $75,004. PRINCIPAL PLACE OF BUSINESS FC Industries, Inc. Kansas City, MO ESTIMATED SCHEDULE OF PROJECT A satisfactory unit is currently in manufacturer?s stock and can shipped upon notification. Agenda Information Sheet April 4, 2006 Page 2 FISCAL INFORMATION This item will be funded from account 100102452. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Declaration of Emergency Memorandum Attachment 2: Quote from FC Industries, Inc. 1-AIS-3491 Attachment 1 MEMORANDUM To:TomShaw,PurchasingAgent From:Lt. Scott Fletcher Date:03/22/06 Subject:Animal Shelter Crematorium The Animal Shelter crematorium has suffered significant damage and has been declared unsafe to use by the Fire Marshal?s Office. The failure of the crematorium has created an emergency and we are requesting that the replacement of the unit be handled in an expeditious manner. Sincerely, Lt. Scott Fletcher Special Enforcement Division Commander Operations Bureau Police Department cc:Charles Wiley, Chief of Police Attachment 2 ORDINANCE NO. __________ AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE EMERGENCY PURCHASE OF A REPLACEMENT CREMATORIUM FOR THE ANIMAL SERVICES DEPARTMENT IN ACCORDANCE WITH PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (FILE 3491-EMERGENCY PURCHASE OF ANIMAL SERVICES CREMATORIUM AWARDED TO FC INDUSTRIES, INC. IN THE AMOUNT OF $75,004). WHEREAS, state law and ordinance require that certain contracts requiring an expenditure or payment by the City in an amount exceeding $25,000 be by competitive bids, except in the case of public calamity where it becomes necessary to act at once to appropriate money to relieve the necessity of the citizens of the city, or in case of unforeseen damage to public property, machinery or equipment or where the procurement is necessary to preserve or protect the public health or safety of the city?s residents under Section 252 of the Local Government Code; and, the City Manager has recommended to the City Council that it is necessary to WHEREAS, purchase goods or services due to the following emergency conditions outlined in the memorandum attached hereto, incorporated herein by reference; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council hereby determines that there is a public calamity that makes it necessary to act at once to appropriate money to relieve the necessity of the citizens of the city, or to provide for unforeseen damage to public property, machinery or equipment, or to preserve or protect the public health or safety of the city?s residents and by reason thereof, the following emergency purchases of materials, equipment, supplies or services, as described in the ?File? referenced herein and on file the office of the Purchasing Agent, are hereby approved: FILE NUMBER VENDOR AMOUNT 3491 FC Industries, Inc. $ 75,004 SECTION 2. Because of such emergency, the City Manager or designated employee is hereby authorized to purchase the materials, equipment, supplies or services as described in the referenced File and to make payment therefor in the amounts therein stated, such emergency purchases being in accordance with the provisions of state law exempting such purchases by the City from the requirements of competitive bids. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _______ day of _______________________, 2006. ______________________________ EULINE BROCK,MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _________________________________ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: _________________ 3-ORD-File 3491 AGENDA INFORMATION SHEET AGENDA DATE: April 4, 2006 DEPARTMENT: Transportation Operations CM: Howard Martin, 349-8232 SUBJECT Consider the approval of an ordinance of the City of Denton, Texas approving the ?First Amendment to Interlocal Cooperation Agreement by and between the DCTA and the City of Denton for the ELAP Program dated January 1, 2004;? authorizing the Mayor to execute and deliver said First Amendment; accepting and recognizing that certain Letter of Understanding dated March 14, 2006, issued to the City by the Executive Director of the Denton County Transportation Authority; providing for the expenditure of funds therefore; and providing an effective date. The Mobility Committee recommends approval 3-0. BACKGROUND The Denton County Transportation Authority (DCTA) Enhanced Local Assistance Program (ELAP) eligible cities of Denton, Lewisville and Highland Village adopted Interlocal Cooperation Agreements (ICA) having an effective date of January 1, 2004. ICA Guidelines provide an apportionment formula for distributing funds based on the net monthly sales and use tax collections of each ELAP eligible city as published in the ?Texas State Comptroller?s Allocation Payment Detail.? Apportionments to the ELAP program are intended to provide financial assistance for DCTA approved projects that enhance the public transportation system and improve traffic mobility. The Comptroller?s Allocation Payment Detail represents the City?s monthly sales tax allocation provided by the State. In early 2004, City of Denton Accounting staff initiated discussions with DCTA staff expressing equitability concerns over the amount of sales tax revenue being generated for the City of Denton based on the ELAP apportionment formula. The issue is that sales tax generated by the City of Denton?s municipal operations is not remitted to the State Comptroller?s Office and is therefore not included in the Comptroller?s Published Allocation Payment Detail (e.g., a portion of the taxes collected from the City of Denton?s Electric Distribution Utility and merchandise sold at the Water Works Park are th not required to be remitted to the State Comptroller). Legislation approved by the 77 Texas Legislature and made effective October 2001 permits municipalities that impose a sales and use tax the right to ??retain the portion of the ?sales? tax that the municipality collects and that constitutes the municipality?s own tax.? This provision was enacted to improve the efficiency of administering sales and use taxes by reducing the need to remit the local portion of sales and use tax to the State and then requiring the State to remit the local share of the taxes to local municipalities. In complying with this provision, the City of Denton also legally avoids a two-percent administrative charge the State Comptroller?s office applies for processing sales tax revenues for local governments. Thus, when compared to sales tax revenues generated by private utility operations in the City of Lewisville, which are required to remit all of their sales tax collections to the State Comptroller, the DCTA formula currently does not recognize a portion of sales tax revenues generated in the City of Denton. This results in a lower and inequitable ELAP allocation for the City of Denton. In December 2005, City of Denton Accounting staff calculated that the DCTA ELAP formula, in its current form, would result in a shortfall of approximately $235,920 over the four-year term of the ELAP funding program. The DCTA Board of Directors recognized this inequity and has passed DCTA Resolution 90-06 to amend the Interlocal Cooperation Agreement between the City of Denton and DCTA for the ELAP. As stated in John Hedrick?s DCTA Resolution 90-06 cover letter, Exhibit 2, this amendment will provide a more equitable allocation of program funding to the ELAP eligible cities of Denton, Highland Village and Lewisville. Upon adoption of the proposed ordinance approving the First Amendment to the ELAP ICA, City of Denton and DCTA staff will conduct a ?true-up? calculation of the account to accurately reflect the ELAP allocation due to the City of Denton based on the amended guidelines. PRIOR ACTION/REVIEW The Denton City Council Mobility Committee recommends approval of the First Amendment 3-0. The Denton County Transportation Authority approved Resolution No. 90-06 on January 26, 2006 amending the ELAP guidelines. The City Attorney?s office has reviewed and approved the proposed ordinance amending the ELAP guidelines. The DCTA Letter of Understanding dated, March 14, 2006, clarifies the effective date of the amendment, establishes a timeline to ?true-up? the account and verifies the proposed amendment will be retroactive to January 1, 2004. OPTIONS 1. Provide a recommendation for the proposed ordinance supporting the amendment to the ELAP formula guidelines. 2. Provide staff additional direction on the proposed amendment to the ELAP. ESTIMATED SCHEDULE OF THE PROJECT The amendment will become effective upon approval by the Denton City Council, as the City of Lewisville and the City of Highland Village have already approved the amendment. City of Denton and DCTA staff will conduct a ?true-up? calculation to verify formula adjustments within sixty days (60) of the effective date of the proposed amendment. FISCAL INFORMATION Adoption of the ?All Sources Method? which includes sales tax data published by the State Comptroller plus total City of Denton retained sources less a two-percent (2%) administrative fee will provide an estimated $235,920 over the four year term of the program. This estimate was generated as of December 2005 and the account may realize an increase due to recent trends in energy costs. The additional ELAP funds will provide greater opportunities for the City of Denton to enhance public transportation related/impacted infrastructure in the City. EXHIBTS 1. Ordinance Respectfully Submitted: Mark Nelson Chief Transportation Officer Exhibit 1 EXHIBIT A EXHIBIT B AGENDA INFORMATION SHEET : April 4, 2006 AGENDA DATE : Environmental Division DEPARTMENT Howard Martin, 8232 CM: SUBJECT Consider approval of an ordinance approving an Interlocal Cooperation Agreement by and between the City of Denton, Texas and the City of Corinth, Texas to provide gas well inspection services; and providing an effective date. The Public Utilities Board recommends approval (5-0.) BACKGROUND In October 2005, the City of Denton approved an Interlocal agreement with the Town of Copper Canyon to provide gas well inspection services. Although no gas well drilling permits have been issued by Copper Canyon to date, the field inspection service has been documented and it is ready for implementation. In November 2005, the City of Denton Legal Department and Environmental Division received a letterof request from the City of Corinth to provide similar gas well inspection services. The City of Denton Legal Department and Environmental Division reviewed the Corinth regulations and determined that a similar inspection process would be applicable. Consideration was given to the time and resources available to extend inspection services to locations anticipated within Corinth. Due primarily to the fact that original projections of inspection activity in Denton were based upon vertical drilling techniques that are largely replaced in the Barnett Shale formation by horizontal drilling that requires fewer drilling sites, Staff determined that sufficient personnel and material resources are available to accommodate the City of Corinth request for Interlocal inspection services. A cost schedule for services has been determined to allow full recovery of out-of-pocket cost as well as general overhead expenses associated with gas well inspection services provided to Corinth. No additional investment or budgeted operating cost will be required by the City of Denton to provide these services; therefore, all revenue collected under a proposed Interlocal agreement will apply to funding the current fixed cost of gas well inspection services. An Interlocal agreement that stipulates the charge for gas well inspection services and the City of Denton Staff and representatives from Corinth have developed the procedure for conducting and reporting services. The Corinth City Council approved the Agreement in January 2006. OPTIONS 1. Approve proposed Interlocal agreement to provide gas well inspection services to City of Corinth as approved by Corinth City Council. 2. Recommend revisions for presentation and consideration at a future agenda. 3. Recommend not providing gas well inspection services to other jurisdictions. RECOMMENDATIONS Staff recommends approval of the Interlocal agreement. (Council, Boards, Commissions) PRIOR ACTION/REVIEW The Public Utility Board recommended approval during the February 27, 2006 meeting. EXHIBITS 1. Ordinance 2. Letter of request from the City of Corinth to provide gas well inspection services. 3. Interlocal Cooperation Agreement Between The City of Denton And The City of Corinth. 4. Minutes from the February 27, 2006 PUB meeting. Respectfully submitted: Jim Coulter Director of Water Utilities Prepared by: Quentin Hix Gas Well Inspector Exhibit 1 Exhibit 2 Exhibit 3 DRAFT MINUTES PUBLIC UTILITIES BOARD FEBRUARY 27, 2006 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Chair of the Public Utilities Board convened into an Open Meeting on Monday, February 27, 2006 at 9:21 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. Chair Newell, Bill Cheek, John Baines, Phil Galllivan and Bob Bland Present: EX OFFICIO MEMBER: Howard Martin, Interim City Manager George Hopkins and Dick Smith Absent: CONSENT AGENDA: The Public Utilities Board has received background information staff?s recommendations, and has had an opportunity to raise questions regarding these items prior to consideration. Detailed information is attached to each Consent Agenda item. Item 4 was pulled from the Consent Agenda for individual consideration. 1) Consider recommending approval of Bid #3449 to Sensus Metering Systems, Inc., and Badger Meter, Inc., for purchase of a Radio Frequency (RF) electric and water meters compatible with the DME Automatic Meter Reading (AMR) system in the amount of $106,840. 2) Consider recommending approval of the unit prices in Bid #3460 and awarding a three-year agreement for the purchase of decorative concrete electric streetlight poles to Lonestar Prestress Manufacturing, Inc., Houston, Texas, in the annual estimated expenditure amount of $69,000. 3) Consider recommending approval of the unit prices in Bid #3457 and awarding a two-year agreement for the purchase of distribution pad-mounted switchgear from Priester Supply, Arlington, Texas, in the annual estimated expenditure amount of $255,119. 5) Consider recommending approval of an Interlocal agreement to provide gas well inspection services to the City of Corinth. Board Member Bob Bland moved to approve Items 1, 2, 3 and 5 with a second from Board Member Bill Cheek. The motion was approved by a 5-0 vote. Cheek had a question regarding the attached bid information. Board Member Phil Gallivan moved to approve item 4 with a second from Bland. The motion was approved by a vote of 5-0. Exhibit 4 AGENDA INFORMATION SHEET April 4, 2006 AGENDA DATE: Department of Fiscal Operations DEPARTMENT: Jon Fortune ACM: SUBJECT Consider approval of a resolution authorizing the City of Denton, as Trustee, to sell certain real property; consenting to the sale of certain real property to the highest bidder as provided by law; authorizing the Mayor of the City of Denton, Texas to execute a deed without warranty and any other documents necessary or appropriate to convey certain real property sold by the City of Denton, as Trustee, pursuant to section 34.05 of the Texas property tax code; and providing for an effective date. BACKGROUND The Texas Property Tax Code prescribes recourse to taxing units for property that has been delinquent and collection efforts have not been successful. Section 34.01 states, ?If a bid sufficient to pay the lesser of the amount calculated under the judgment or the adjudged value is not received, and the taxing unit that requested the order of sale does not terminate the sale, the officer making the sale shall bid the property off to the taxing unit that requested the order of sale.? The taxing unit to which the property is conveyed takes title to the property as Trustee for the use and benefit of itself and all other taxing units that established tax liens in the suit. This property has been in delinquency since 1986. On November 14, 2002, a tax suit was filed with a resultant judgment rendered on March 13, 2003. On July 7, 2003, a Sheriff?s Deed was signed by the Denton County Sheriff?s Departmentfor the property located at 1330 Morse Street and further described in the Denton County Deed Records, Volume 2508, Page 705, Denton County, Texas A1266A WM. Teague, Tract 14, Acres 1.640, Old DCAD Tr 4B, Account No. R34864. The property was taken to auction, a sufficient bid was not received, and the property was conveyed to the City of Denton as trustee for all participating taxing entities. RECOMMENDATION Sawko & Burroughs, the tax attorney for the City of Denton, recommendsselling the property at public auction for any price deemed sufficient by the officer conducting the sale, as allowed under Texas Property Tax Code, section 34.05 (c) ?The taxing unit purchasing the property by resolution of its governing body mayrequest the sheriff or a constable to sell the property at a public sale.? Selling this property will facilitate its productivity for all taxing entities by generating property taxes. PRIOR ACTION/REVIEW (Council, Boards, Commissions) None. Agenda Information Sheet April 4, 2006 Page 2 FISCAL INFORMATION The above mentioned property has accumulated a total of $1,658.56 ($850.94 base tax and $807.62 penalty, interest, and collection fees) delinquent taxes due to the City of Denton. Total taxes due for all taxing units are:City of Denton $ 1,658.56 Denton ISD 29,907,28 County Education District 3,322.14 County of Denton 3,740.37 Under Texas Property Tax Code Section 34.05(b), ?Property sold pursuant to Subsections (c) and (d) of this section may be sold for any amount. EXHIBITS Property Tax Account Statement March 1, 2006 Letter from Sawko & Burroughs Resolution Respectfullysubmitted: DianaG.Ortiz ChiefFinancialOfficer AGENDA INFORMATION SHEET AGENDA DATE: April 4, 2006 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Janet Fitzgerald 349-8271 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a two year contract for Mowing for various City departments; providing for the expenditure of funds therefore; and providing an effective date (Bid 3463-Two Year Contract for Mowing awarded to the lowest responsible bidder for each section in the annual estimated amount of $299,368.22). BID INFORMATION This bid is to provide mowing, color bed maintenance, trimming and edging services for the following City facilities: Class A Medians, Class A City Parks, Class A Libraries, Class B City Parks, Class B City Medians North and South, Class A and B Fire stations, Cemeteries, Solid Waste and Landfill properties Classes A, B, C, Class B Electrical Substations, Water Reclamation Properties Class A and Class C, Code Enforcement Responsive Mowing, Class C Rail Trail Mowing, and miscellaneous mowing per acre as needed. RECOMMENDATION Award to the lowest responsible bidder for each item as listed on Attachment 1. A summary of the recommended bidder for each item is listed below. The award of Proposals C and K to Dencross Landscape Maintenance is the result of the five percent local preference allowed by Chapter 271.9051 of the Texas Local Government Code. Dencross Landscape Maintenance is a 15 year Denton small business, employs three to six people, is a member of the Denton Chamber of Commerce, donates to various charities, supports various activities at Denton High School, and purchases most equipment and supplies from local businesses. The lower cost offering from O?Donnell?s Landscape Services, Inc. for Proposals B,C, D, & G is not being recommended for award based upon reference checks from the Town of Flower Mound, and cities of Grapevine and Colleyville. These references indicate the performance level of the contract is less than acceptable. In each instance, contracts for similar services were not renewed. Therefore, O?Donnell?s Landscape Service, Inc. is not the lowest responsible bidder. We are recommending the vendor listed below for proposals B,C,D, & G as the lowest responsible bidder for each of these proposals. Item# Description Vendor Proposal A Class A Medians Tru Green Landcare LLC Proposal B Class A City Parks Tru Green Landcare LLC. Proposal C Class A Libraries VMC Landscape Services Proposal D Class B City Parks Tru Green Landcare LLC Proposal E Class B City Medians North Tru Green Landcare LLC Agenda Information Sheet April 4, 2006 Page 2 RECOMMENDATION (CONTINUED) Item# Description Vendor Proposal F Class B City Medians South Tru Green Landcare LLC Proposal G Class A and B Fire Stations Tru Green Landcare LLC Proposal H Cemeteries Tru Green Landcare LLC Proposal I Solid Waste & Landfill Class A, B, C Tru Green Landcare LLC Proposal J Class B Electrical Substations Dencross Landscape Maintenance Proposal K Water Reclamation Class A & C Dencross Landscape Maintenance Proposal L Code Enforcement Responsive Mowing Tru Green Landcare LLC Proposal M Rail Trail Mowing Class C Tru Green Landcare LLC General Mowing Class A Dencross Landscape Maintenance General Mowing Class B Dencross Landscape Maintenance General Mowing Class C Dencross Landscape Maintenance General Mowing Class D Dencross Landscape Maintenance PRINCIPAL PLACE OF BUSINESS VMC Landscape Services Dencross Landscape Maintenance Dallas, TX Denton, TX Tru Green Landcare LLC Ft. Worth, TX ESTIMATED SCHEDULE OF PROJECT The term of the contract shall be for a period of two years from the date of Council award, with the option to renew at the end of the period. The contract may be renewed twice for a period not to exceed one year per renewal. Renewal shall be at the sole discretion of the using departments. FISCAL INFORMATION This service will be funded as listed below: Parks and Recreation $181,526.02 402130.7886 Parks and Recreation $ 62,503.92 402140.7886 Solid Waste $ 11,953.28 660300.7886 Water Reclamation $ 18,465.00 640100.7886 Code Enforcement $ 16,020.00 330001.7886 Electric Substations $ 8,900.00 600400.7886 Agenda Sheet April 4, 2006 Page 3 Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet 1-AIS-Bid 3463 Attachment 1 BID #3463 DATE: 3/9/06 TWO-YEAR CONTRACT FOR MOWING No.DESCRIPTIONVENDORVENDORVENDORVENDORVENDOR O'Donnell Dencross Landscape VMC Landscape TruGreen Anthony ServicesLandscape Maintenance ServicesLandcare Services, Inc. Principle Place of Business: Dallas, TXFt. Worth, TXDenton, TXSouthlake, TXDenton, TX PROPOSALS - ANNUAL BID PRICE AMEDIANS CLASS A$34,082.44$33,863.04No Bid$38,208.00No Bid BCITY PARKS CLASS A$38,566.96$23,040.00No Bid$21,312.00No Bid CLIBRARIES CLASS A$7,175.25$10,240.00No Bid$3,288.00No Bid DCITY PARKS CLASS B$86,327.22$80,933.20$225,036.00$36,360.00No Bid ECITY MEDIANS CLASS B NORTH$25,561.83$8,101.18No BidNo Bid$24,500.00 FCITY MEDIANS CLASS B SOUTH$27,019.30$9,348.24No BidNo BidNo Bid GFIRE STATIONS CLASS A & B including Bed Maint$11,659.80$7,880.00No Bid$7,494.00$8,170.00 HCEMETERIESNo Bid$62,503.92No BidNo BidNo Bid ISOLID WASTE/LANDFILL CLASS A, B & CNo Bid$11,953.28$50,200.00No Bid$17,935.00 JELECTRICAL SUBSTATIONS CLASS B$16,256.42$8,974.28$20,300.00No Bid$8,900.00 KWATER RECLAMATION CLASS A & C$22,618.85$17,684.60No BidNo Bid$18,465.00 LCODE ENFORCEMENT - SEE NEXT PAGE MRAIL TRAIL$14,126.27$11,185.02$14,000.00No Bid$12,250.00 GENERAL MOWING SERVICE AS NEEDED BY THE CITY - PRICE PER ACRE PER CYCLE CLASS A$65.00$52.41No Bid$35.00$30.00 CLASS B$65.00$38.17No Bid$35.00$30.00 CLASS C$55.00$38.31No Bid$45.00$40.00 CLASS DNo BidNo BidNo Bid$55.00$40.00 *Per acre per cycle price will be prorated for smaller parcels as determined by the City Attachment 1 BID #3463 DATE: 3/9/06 TWO-YEAR CONTRACT FOR MOWING No.DESCRIPTIONVENDORVENDORVENDORVENDORVENDOR O'Donnell Dencross Landscape VMC Landscape TruGreen Anthony ServicesLandscape Maintenance ServicesLandcare Services, Inc. Principle Place of Business: Dallas, TXFt. Worth, TXDenton, TXSouthlake, TXDenton, TX PROPOSAL L - CODE ENFORCEMENT MOWING OF PARCELS WITH UNRESTRICTED ACCESS Parcels of land up to 10,000 square feet (up to 3'/over I-ANo Bid$20.00/$30.00No BidNo Bid$48.00/$50.00 3') Parcels of land 10, 001 square feet to 1 acre (up to II-ANo Bid$35.00/$45.00No BidNo Bid$60.00/$60.00 3'/over 3') $42.00/$42.00 per III-AParcels of land more than 1 acre (up to 3'/over 3')No Bid$47.00/$57.00No BidNo Bid acre MOWING OF PARCELS WITH RESTRICTED ACCESS Parcels of land up to 10,000 square feet (up to 3'/over I-BNo Bid$20.00/$30.00No BidNo Bid$50.00/$50.00 3') Parcels of land 10,001 square feet to 1 acre (up to II-BNo Bid$35.00/$45.00No BidNo Bid$60.00/$60.00 3'/over 3') $45.00/$45.00 per III-BParcels of land more than 1 acre (up to 3'/over 3')No Bid$47.00/$57.00No BidNo Bid accre TRASH AND DEBRIS REMOVAL Trash & Debris removal based on cubic yard calculated $37.50-min. 3 cu yd. IVNo Bid$130.00No BidNo Bid by the COD Solid Waste formulacharge Hourly Rate for Special Call Request Hourly rate for tractors & mowersNo Bid$38.31No BidNo Bid$35.00 Hourly rate for labor & trimmerNo Bid$25.00No BidNo Bid$25.00 ORDINANCE NO. __________ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A TWO YEAR CONTRACT FOR MOWING FOR VARIOUS CITY DEPARTMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3463-TWO YEAR CONTRACT FOR MOWING AWARDED TO THE LOWEST RESPONSIBLE BIDDER FOR EACH SECTION IN THE ANNUAL ESTIMATED AMOUNT OF $299,368.22). 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 therefor, with the exception of Proposals C and K, which was awarded to Dencross Landscape Maintenance, whose principal place of business is located within the city limits of Denton, Texas, and who will offer the City the best combination of contract price and additional economic development opportunities for the City created by the contract award, including the employment of local residents of the City and increased tax revenues to the City; 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, THEREFOR, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. 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 3463 Proposal A Tru Green Landcare LLC Exhibit A 3463 Proposal B Tru Green Landcare LLC Exhibit A 3463 Proposal C VMC Landscape Services Exhibit A 3463 Proposal D Tru Green Landcare LLC Exhibit A 3463 Proposal E Tru Green Landcare LLC Exhibit A 3463 Proposal F Tru Green Landcare LLC Exhibit A 3463 Proposal G Tru Green Landcare LLC Exhibit A 3463 Proposal H Tru Green Landcare LLC Exhibit A 3463 Proposal I Tru Green Landcare LLC Exhibit A 3463 Proposal J Dencross Landscape Maint. Exhibit A 3463 Proposal K Dencross Landscape Maint. Exhibit A 3463 Proposal L Tru Green Landcare LLC Exhibit A 3463 Proposal M Tru Green Landcare LLC Exhibit A 3463 Gen. Mowing Class A Dencross Landscape Maint. Exhibit A 3463 Gen. Mowing Class B Dencross Landscape Maint. Exhibit A 3463 Gen. Mowing Class C Dencross Landscape Maint. Exhibit A 3463 Gen. Mowing Class D Dencross Landscape Maint. Exhibit A The City Council hereby finds that the apparent low bidder for Proposals B,C,D, & G, O?Donnell?s Landscape Services, Inc. is not the lowest responsible bidder due to unacceptable performance for similar services with other area cities. SECTION 2. 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 pur- chase 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. Should the City and the winning bidder(s) 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 a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _______ day of _______________________, 2006. ______________________________ EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _________________________________ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: _________________________________ 3-ORD-BID 3463 Exhibit A BID #3463 DATE: 3/9/06 TWO-YEAR CONTRACT FOR MOWING No.DESCRIPTIONVENDORVENDORVENDOR VMC Landscape TruGreenDencross Landscape ServicesLandcareMaintenance Principle Place of Business: Dallas, TXFt. Worth, TXDenton, TX PROPOSALS - ANNUAL BID PRICE AMEDIANS CLASS A$33,863.04 BCITY PARKS CLASS A$23,040.00 CLIBRARIES CLASS A$7,175.25 DCITY PARKS CLASS B$80,933.20 ECITY MEDIANS CLASS B NORTH$8,101.18 FCITY MEDIANS CLASS B SOUTH$9,348.24 GFIRE STATIONS CLASS A & B including Bed Maint$7,880.00 HCEMETERIES$62,503.92 ISOLID WASTE/LANDFILL CLASS A, B & C$11,953.28 JELECTRICAL SUBSTATIONS CLASS B$8,900.00 KWATER RECLAMATION CLASS A & C$18,465.00 LCODE ENFORCEMENT - SEE NEXT PAGE MRAIL TRAIL$11,185.02 GENERAL MOWING SERVICE AS NEEDED BY THE CITY - PRICE PER ACRE PER CYCLE CLASS A$30.00 CLASS B$30.00 CLASS C$40.00 CLASS D$40.00 *Per acre per cycle price will be prorated for smaller parcels as determined by the City Exhibit A BID #3463 DATE: 3/9/06 TWO-YEAR CONTRACT FOR MOWING No.DESCRIPTIONVENDORVENDORVENDOR VMC Landscape TruGreenDencross Landscape ServicesLandcareMaintenance Principle Place of Business: Dallas, TXFt. Worth, TXDenton, TX PROPOSAL L - CODE ENFORCEMENT MOWING OF PARCELS WITH UNRESTRICTED ACCESS Parcels of land up to 10,000 square feet (up to 3'/over I-A$20.00/$30.00 3') Parcels of land 10, 001 square feet to 1 acre (up to II-A$35.00/$45.00 3'/over 3') III-AParcels of land more than 1 acre (up to 3'/over 3')$47.00/$57.00 MOWING OF PARCELS WITH RESTRICTED ACCESS Parcels of land up to 10,000 square feet (up to 3'/over I-B$20.00/$30.00 3') Parcels of land 10,001 square feet to 1 acre (up to II-B$35.00/$45.00 3'/over 3') III-BParcels of land more than 1 acre (up to 3'/over 3')$47.00/$57.00 TRASH AND DEBRIS REMOVAL Trash & Debris removal based on cubic yard calculated IV$130.00 by the COD Solid Waste formula Hourly Rate for Special Call Request Hourly rate for tractors & mowers$38.31 Hourly rate for labor & trimmer$25.00 AGENDA INFORMATION SHEET AGENDA DATE: April 4, 2006 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Janet Fitzgerald 349-8271 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding an annual contract for park land maintenance products; providing for the expenditure of funds therefor; and providing an effective date (Bid 3468-Annual Contract for Park Land Maintenance Products awarded to the lowest responsible bidders as listed on Exhibit A for each section in the annual estimated amount of $45,000.) BID INFORMATION This bid is to provide park land maintenance products for the City of Denton parks, right of ways, landscape beds, athletic fields and other general park areas. RECOMMENDATION Award to the lowest responsible bidder for each item as listed on Exhibit A. A summary of the recommended bidder for each item is listed below. The award of items B4, D1, E1, G1, G2A and G5 to Dennis? Farm Store is the result of the five percent local preference allowed by Chapter 271.9051 of the Texas Local Government Code. Dennis? Farm Store is an 18 year Denton small business, employs two to three people, is a member of the Denton Chamber of Commerce, donates to various charities, supports various activities at the Denton Independent School District, Denton County Livestock Association, North Texas State Fair, Blue Ribbon Club, and purchases most equipment and supplies from local businesses. No Bids were received for Item G7; therefore it will not be awarded. Vendor Item# Morrison Milling Company C14, E2 Dennis? Farm Store A1, A12, A13, B1, B4, B6, C6, C8, C13- 13A, D1, E1, F4, G1-2A, G5 BWI Companies A5-7, A10-11A, B2-3, B5, C1-2A, C4-C5, C10-12, D2, F2-3, F5, G3-4, G6, H2 Estes, Inc. A2, A3-4, A8-9, C3, C7, C9-9A, F1, H1, H3 Agenda Information Sheet April 4, 2006 Page 2 PRINCIPAL PLACE OF BUSINESS Morrison Milling Company Dennis? Farm Store Estes, Inc. Denton, TX Denton, TX Carrollton, TX BWI Companies, Inc. Carrollton, TX ESTIMATED SCHEDULE OF PROJECT The term of the contract shall be for a period of one year from the date of Council award, with the option to renew for two additional one-year periods with all pricing and terms remaining the same. Renewal shall be at the sole discretion of the using departments. FISCAL INFORMATION This material will be funded from the Parks and Recreation Department accounts listed below: Athletic Maintenance/Chemical 402110.6334 Athletic Maintenance/Botanical 402110.6338 Athletic Maintenance/Compost 402110.6390 Park Operations/Chemical 402130.6334 Park Operations/Botanical 402130.6338 Park Operations/Compost 402130.6390 Landscape Maintenance/Chemical 402140.6334 Landscape Maintenance/Botanical 402140.6338 Landscape Maintenance/Compost 402140.6390 Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet 1-AIS-Bid 3468 Attachment 1 BID #3468 DATE: 3/16/06 ANNUAL CONTRACT FOR PARK LAND MAINTENANCE PRODUCTS No.UOMDESCRIPTIONVENDORVENDORVENDORVENDORVENDOR Morrison Milling Dennis' Farm BWI Companies, Company/AllianceEstes, Inc.Justin Seed StoreInc. Mills Principle Place of Business: Denton, TXDenton, TXCarrollton, TXCarrollton, TXJustin, TX A - LANDSCAPE AND TURF FERTILIZER A125 lb.Colorscapes No Bid$15.00$15.50$15.85No Bid A225 lb.Peters Blossom Booster Peters 10-30-20 No BidNo Bid$22.30$21.45No Bid A325 lb.Peters Miracid 21-7-7 No BidNo Bid$17.70$12.95No Bid A450 lb.Osmocote 13-13-13 No BidNo Bid$51.41$37.90No Bid A52.5 gal.XX Iron 6-0-0 10% Iron 4s No BidNo Bid$25.00$18.00No Bid A62.5 gal.Ferromec 150 15-0-0 6% Iron No BidNo Bid$16.00$185.00No Bid A75 lb.Sprint 333 (Iron Chelate) No Bid$30.00$24.15$25.00No Bid 500 A8Agriform Tablets 21g. No BidNo Bid$40.90$37.65No Bid tablets A950 lb.46-0-0 Urea No BidNo Bid$14.90$14.00$19.80 50 lb. A1047-0-0 Umax 8-12wk stablizeNo BidNo Bid$26.87$28.75No Bid Bag A112000 lb.28-3-10 5% Iron No BidNo Bid$375.00$395.60$407.00 A11A50 lb.28-3-10 5% Iron No BidNo Bid$9.75$9.89$10.23 A1225 lb.Tree and Shrub Fertilizer No Bid$8.00$7.75 (20 lb.)No BidNo Bid A1325 lb.Azalea Fertilizer No Bid$8.00$7.25 (15 lb.)No BidNo Bid B - INSECTICIDES B11 lb. x 12Orthene TT&O No Bid$10.50$89.00$10.75No Bid B21 Qt.Avid No Bid$225.00$212.50$235.00No Bid B3240 mlTempo No Bid$35.00$29.70$31.35No Bid B425 lb.Distance Fire Ant BaitNo Bid$160.00$160.00$157.35No Bid B51 lb.Dipel Dust No Bid$11.50$9.90$10.25No Bid B625 lb.Diatomaceous Earth No Bid$10.00 (50 lb.)$14.60No BidNo Bid C - HERBICIDES C12.5 gal.Finale No Bid$150.00$140.90$145.00No Bid C22.5 gal.Honcho Plus 10% Surfactant No Bid$43.00$36.80$65.00No Bid C2A30 gal.Honcho Plus 10% Surfactant No Bid$400.00$400.00$730.00No Bid C32.5 gal.AquamasterNo Bid$130.00$91.43$79.95No Bid Attachment 1 BID #3468 DATE: 3/16/06 ANNUAL CONTRACT FOR PARK LAND MAINTENANCE PRODUCTS No.UOMDESCRIPTIONVENDORVENDORVENDORVENDORVENDOR Morrison Milling Dennis' Farm BWI Companies, Company/AllianceEstes, Inc.Justin Seed StoreInc. Mills Principle Place of Business: Denton, TXDenton, TXCarrollton, TXCarrollton, TXJustin, TX C42.5 gal.MSMANo Bid$36.50$33.75$33.95No Bid C51.3 oz.ManageNo Bid$77.00$72.60$75.00No Bid C68 oz.QuicksilverNo Bid$99.75$101.85$105.00No Bid . 3lb C7ContaineOust HerbicideNo Bid$525.00No Bid$480.00No Bid r C820 oz.OutriderNo Bid$235.00$273.00$235.00No Bid C930 gal.Barricade 4LNo Bid$6,150.00$5,445.00$5,445.00No Bid C9A2.5 gal.Barricade 4LNo Bid$245.00 (1 gal.)$228.90 (1 gal.)$228.75 (1 gal.)No Bid 8 x 8 x 5 C10Dimension WSPNo Bid$132.00$900.00$123.50No Bid oz. 50 lb. C11SnapshotNo Bid$85.00$71.80$78.95No Bid bag C121 lb.Ronstar 50WSPNo Bid$56.00 (2 lb.)$49.10 (2-1 lb.)$51.15No Bid $9.00 (case lot C131 gal.20% Acetic Acid (Vinegar)No Bid$5.00No BidNo Bid only) C13A30 gal.20% Acetic Acid (Vinegar)No Bid$200.00 (55 gal.)No BidNo BidNo Bid C1440 lb.Corn Glueten Meal$11.75 (50 lb.)No Bid$12.00No Bid$15.50 D - GROWTH REGULATOR D11 gal.Primo MaxxNo Bid$380.00$374.00$385.00No Bid D225 lb.Award Fire Ant BaitNo Bid$180.00$164.00$170.00No Bid E - FUNGICIDES E11 qt.Subdue MaxxNo Bid$160.00$156.00$165.00No Bid E250 lb.Corn Meal $6.75No Bid$8.75 (40 lb.)No Bid$14.00 F - CHEMICAL ADDITIVES F12.5 gal.Blue Spray Dye No Bid$88.00$59.60$54.00No Bid F21 gal.Non Ionic Surfactant No Bid$9.50$5.92$7.50$13.70 F32.5 gal.Green Graphics Turf Paint No Bid$85.00$64.90$85.00No Bid $6.40 (case lot F41 gal.Green Glo Plant PolishNo Bid$5.50No BidNo Bid only) F51 lb.Neutra sol tank cleaner No Bid$7.00$6.50 (2 lb.)$11.50 (quart)No Bid Attachment 1 BID #3468 DATE: 3/16/06 ANNUAL CONTRACT FOR PARK LAND MAINTENANCE PRODUCTS No.UOMDESCRIPTIONVENDORVENDORVENDORVENDORVENDOR Morrison Milling Dennis' Farm BWI Companies, Company/AllianceEstes, Inc.Justin Seed StoreInc. Mills Principle Place of Business: Denton, TXDenton, TXCarrollton, TXCarrollton, TXJustin, TX G - SOIL AMENDMENTS G13.8 cu. ft.Peat MossNo Bid$9.00$8.65$9.85No Bid G21 gal.MolassesNo Bid$4.50$8.53No BidNo Bid G2A50 lb.Molasses Dry 50lb$9.85$10.00$9.98No Bid$13.00 G33.8 cu. ft.Sunshine Mix #4No BidNo Bid$9.40No BidNo Bid G43 cu. ft.Processed Pine ParkNo Bid$2.50$2.10No BidNo Bid G52 cu. Ft.Back to Nature Cotton Bur CompostNo Bid$2.40$2.30No BidNo Bid G6cu. yd.CompostNo BidNo Bid$23.80No BidNo Bid G7tonsCrumb RubberNo BidNo BidNo BidNo BidNo Bid H - SEED 50 lb. H1Common Bermuda grass seed, hulledNo Bid$192.50$177.00$165.00$178.00 bag 50 lb. H2Common Bermuda grass seed, unhulledNo Bid$154.00$122.00No Bid$136.00 bag 50 lb. H3Annual Rye grass seedNo Bid$25.00$24.00$22.00$22.98 bag Shipment7-10 days7 days1-10 days4 days Bidder is an authorized distributor, by the YESYESYESYESN/A manufacturer, and is authorized to sell to the City of Denton? ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR PARK LAND MAINTENANCE PRODUCTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3468-ANNUAL CONTRACT FOR PARK LAND MAINTENANCE PRODUCTS AWARDED TO THE LOWEST RESPONSIBLE BIDDERS AS LISTED ON EXHIBIT A FOR EACH SECTION IN THE ANNUAL ESTIMATED AMOUNT OF $45,000.) WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefor, with the exception of Items B4,D1,E1,G1,G2A and G5, which were awarded to Dennis? Farm Store, whose principal place of business is located within the city limits of Denton, Texas, and who will offer the City the best combination of contract price and additional economic development opportunities for the City created by the contract award, including the employment of local residents of the City and increased tax revenues to the City; 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 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 3468 C14, E2 Morrison Milling Company Exhibit A 3468 A1,A12,A13,B1,B4, Dennis Farm Store Exhibit A B6,C6,C8,C13,C13A, D1,E1,F4,G1-2A,G5 3468 A5-7,A10-11A,B2-3, BWI Companies Exhibit A B5,C1-2A,C4-C5,C10-12, D2,F2-3, F5,G3-4, G6,H2 3468 A2, 3-4,A8-9, C3,C7,C9-9A, Estes, Inc. Exhibit A F1,H1,H3 SECTION 2. 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 pur- chase 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. Should the City and the winning bidder(s) 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 a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2006. __________________________________ EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: _________________________________ 3-ORD-BID 3468 EXHIBIT A BID #3468 DATE: 3/16/06 ANNUAL CONTRACT FOR PARK LAND MAINTENANCE PRODUCTS No.UOMDESCRIPTIONVENDORVENDORVENDORVENDOR Morrison Milling Dennis' Farm Company/AllianceBWI Companies, Inc.Estes, Inc. Store Mills Principle Place of Business: Denton, TXDenton, TXCarrollton, TXCarrollton, TX A - LANDSCAPE AND TURF FERTILIZER A125 lb.Colorscapes $15.00 A225 lb.Peters Blossom Booster Peters 10-30-20 $21.45 A325 lb.Peters Miracid 21-7-7 $12.95 A450 lb.Osmocote 13-13-13 $37.90 A52.5 gal.XX Iron 6-0-0 10% Iron 4s $25.00 A62.5 gal.Ferromec 150 15-0-0 6% Iron $16.00 A75 lb.Sprint 333 (Iron Chelate) $24.15 A8500 tabletsAgriform Tablets 21g. $37.65 A950 lb.46-0-0 Urea $14.00 A1050 lb. Bag47-0-0 Umax 8-12wk stablize$26.87 A112000 lb.28-3-10 5% Iron $375.00 A11A50 lb.28-3-10 5% Iron $9.75 A1225 lb.Tree and Shrub Fertilizer $8.00 A1325 lb.Azalea Fertilizer $8.00 B - INSECTICIDES B11 lb. x 12Orthene TT&O $10.50 B21 Qt.Avid $212.50 B3240 mlTempo $29.70 B425 lb.Distance Fire Ant Bait$160.00 B51 lb.Dipel Dust $9.90 B625 lb.Diatomaceous Earth $10.00 (50 lb.) C - HERBICIDES C12.5 gal.Finale $140.90 C22.5 gal.Honcho Plus 10% Surfactant $36.80 C2A30 gal.Honcho Plus 10% Surfactant $400.00 C32.5 gal.Aquamaster$79.95 C42.5 gal.MSMA$33.75 C51.3 oz.Manage$72.60 EXHIBIT A BID #3468 DATE: 3/16/06 ANNUAL CONTRACT FOR PARK LAND MAINTENANCE PRODUCTS No.UOMDESCRIPTIONVENDORVENDORVENDORVENDOR Morrison Milling Dennis' Farm Company/AllianceBWI Companies, Inc.Estes, Inc. Store Mills Principle Place of Business: Denton, TXDenton, TXCarrollton, TXCarrollton, TX C68 oz.Quicksilver$99.75 C73 lb. ContainerOust Herbicide$480.00 C820 oz.Outrider$235.00 C930 gal.Barricade 4L$5,445.00 C9A2.5 gal.Barricade 4L$228.75 (1 gal.) C108 x 8 x 5 oz.Dimension WSP$900.00 C1150 lb. bagSnapshot$71.80 C121 lb.Ronstar 50WSP$49.10 (2-1 lb.) C131 gal.20% Acetic Acid (Vinegar)$5.00 C13A30 gal.20% Acetic Acid (Vinegar)$200.00 (55 gal.) C1440 lb.Corn Glueten Meal$11.75 (50 lb.) D - GROWTH REGULATOR D11 gal.Primo Maxx$380.00 D225 lb.Award Fire Ant Bait$164.00 E - FUNGICIDES E11 qt.Subdue Maxx$160.00 E250 lb.Corn Meal $6.75 F - CHEMICAL ADDITIVES F12.5 gal.Blue Spray Dye $54.00 F21 gal.Non Ionic Surfactant $5.92 F32.5 gal.Green Graphics Turf Paint $64.90 F41 gal.Green Glo Plant Polish$5.50 F51 lb.Neutra sol tank cleaner $6.50 (2 lb.) EXHIBIT A BID #3468 DATE: 3/16/06 ANNUAL CONTRACT FOR PARK LAND MAINTENANCE PRODUCTS No.UOMDESCRIPTIONVENDORVENDORVENDORVENDOR Morrison Milling Dennis' Farm Company/AllianceBWI Companies, Inc.Estes, Inc. Store Mills Principle Place of Business: Denton, TXDenton, TXCarrollton, TXCarrollton, TX G - SOIL AMENDMENTS G13.8 cu. ft.Peat Moss$9.00 G21 gal.Molasses$4.50 G2A50 lb.Molasses Dry 50lb$10.00 G33.8 cu. ft.Sunshine Mix #4$9.40 G43 cu. ft.Processed Pine Park$2.10 G52 cu. Ft.Back to Nature Cotton Bur Compost$2.40 G6cu. yd.Compost$23.80 H - SEED H150 lb. bagCommon Bermuda grass seed, hulled$165.00 H250 lb. bagCommon Bermuda grass seed, unhulled$122.00 H350 lb. bagAnnual Rye grass seed$22.00 AGENDA INFORMATION SHEET April 4, 2006 Questions concerning this AGENDA DATE: acquisition may be directed Materials Management to Mike Ellis 349-8424 DEPARTMENT: Jon Fortune ACM: SUBJECT Consider adoption of an Ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network for the acquisition of eleven refuse trucks, a scraper, a vacuum excavation system, and a Unimog for the City of Denton Solid Waste Department,and a dump truck for Water Distribution by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3484- Interlocal Agreement for the purchase of Refuse Trucks and Heavy Equipment for Solid Waste Department and Water Distribution awarded to Holt CAT in the amount of $564,740.00, Rush Peterbilt Dallas in the amount of $1,194,114.00, Freightliner of San Antonio, LTD. in the amount of $223,971.00, Earle Kinlaw Associates, Inc. in the amount of $40,567.30, and McNeilus Truck and Manufacturing in the amount of $749,461.00, for a total award of $2,772,853.30). The Public Utilities Board recommends approval (7-0). FILE INFORMATION This acquisition is for fleet additions and motorpool replacements of a series of Solid Waste collection and disposal equipment, as well as a dump truck for WaterDistribution. In each instance, we are utilizing the cooperative agreement between the City of Denton and Buy Board Cooperative Purchasing Network. The cab/chassis and front load refuse bodies are motor pool replacements for older similar equipment. The cab/chassis and auto side loaders are intended to complement the automated residential refuse collection process. Six units are motor pool replacements, and one is a fleet addition. The roll off truck is a motor pool replacement for a similar unit assigned to Commercial Solid Waste. The scraper is a motor pool replacement for two older scrapers. One, a 1994 unit sold in 2003, and a 1998 unit recently sold at auction. The vacuum excavation system is a fleet replacement for an obsolete boring machine that has been taken out of service. The Unimog is a fleet addition intended for maintenance of the landfill area. The 12-yard dump truck is a motor pool replacement for a similar 1993 unit to be sold at auction. All units are powered by gasoline or diesel engines with LEV ratings that meet or exceed EPA standards. Agenda Information Sheet April 4, 2006 Page 2 PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board approved this item at its March 27, 2006 meeting. RECOMMENDATION Approval of the acquisition of equipment Items 1 through 7 as listed below: ItemDescriptionQty.SupplierCostEst. Cost. 1. Peterbilt 320 Cab/Chassis 3 Rush Peterbilt $111,987.00 $335,961.00 1a. Front Load Refuse Body 3 McNeilus Truck & Mfg. $76,778.00 $230,334.00 2. Peterbilt 320 RH Cab/Chassis 7 Rush Peterbilt $94,820.00 $663,740.00 2a. Auto Side Loader Body 7 McNeilus Truck & Mfg. $74,161.00 $519,127.00 3. Peterbilt 357 Roll Off Truck 1 Rush Peterbilt $101,118.00 $101,118.00 4. Caterpillar 623G Scraper 1 Holt CAT $564,740.00 $564,740.00 5. Vacuum Excavation System 1 Earl Kinlaw Assoc. Inc. $40,567.30 $40,567.30 6. Unimog U500/with Sweeper 1 Freightliner of San Antonio $223,971.00 $223,971.00 7. Peterbilt 335 12-Yd. Dump Truck 1 Rush Peterbilt $93,295.00 $93,295.00 Total Award $2,772,853.30 PRINCIPAL PLACE OF BUSINESS Rush Peterbilt Dallas McNeilus Truck & Mfg. Holt CAT Irving, TX Hutchins, TX Fort Worth, TX Freightliner of San Antonio, LTD. Earle Kinlaw Associates, Inc. Converse, TX Stone Mountain, GA ESTIMATED SCHEDULE OF PROJECT Delivery can be made within 90-210 days of receipt of an order. Agenda Information Sheet April 4, 2006 Page 3 FISCAL INFORMATION The acquisition of these units will be funded as listed below: 1. 3-Cab/Chassis $335,961.00Lease/Purchase 1a.3-Front Load Refuse Body $230,334.00 Lease/Purchase 2. 7-Cab Chassis$663,740.00Lease/Purchase 2a.7-Auto Side Loader Body $519,127.00Lease/Purchase 3.1-Roll Off Truck $101,118.00Lease/Purchase 4. 1-Scraper $564,740.00Lease/Purchase 5.1-Vacuum Excavation System $40,567.30810001.8535 6. 1-UnimogU500w/Sweeper$223,971.00660300.8535 7.1-12-Yd. Dump Truck $93,295.00810001.8535 *Lease/purchase funding was approved by City Council February 7, 2006. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachments 1-9: Buy Board Contract Sheets 1-AIS-File 3484 Attachment 1 Item 1 BuyBoardDallas Peterbilt L.P. Hal Holloway The following details shall be provided with any BuyBoad purchase order (Fax Purchase Order to {800}211-5454 Prepared By: Hal Holloway BuyBoard Vendor: Vendor Phone:972-554-5478 Rush Peterbilt Dallas [Address P.O. to:] Vendor Fax:972-785-3475 515 N. Loop 12 Vendor Toll Free(800) 256-7383 Irving, TX 75061 Date Prepared Government Agency:Denton, City ofGov. Agency [Ship to:] 901 Texas[Bill to:] Denton, TX Contacts Name: Gov. Agn. Phone No:( )G. A. Fax No:( ) Mike Ellis, Tom Shaw Product Description: Peterbilt 320 Commercial Front Loader Price List:Base Price I:208-04118853 BuyBoard Contrac$ 73,405.00 Base Bid Options: II:(Itemize Below) ** -$ * -$ * -$ * -$ *-$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ *-$ * Subtotal-$ Subtotal40,888.00$ 40,888.00$ III: Unpublished Options added to Contract Price (Subtotal of Co. 1 & Col 2) Total IV + VI IV: $ 114,293.00 Unpublished Amount (%) V:36.4% EACH $ (14,883.00) Unit Cost with Discount VI: $ 99,410.00 Telma Drive Line Retarder $ 8,690.00 Cummins Extended Warranty 7yr-250k Miles $ 1,375.00 Allison ETC to 5yrs-unlimited milage $ 1,900.00 90 day Floor Plan ( Can be deducted if paid with 15 days of Peterbilt invoice to RTC) $ 2,000.00 Total $ 113,375.00 Units:x "E" VII:3 Quantity Ordered$ 113,375.00 Trade-in or other Credit(s) VIII: Fleet volumn Discount1($1,388.00)$ (1,388.00) TOTAL PURCHASE PRICE INCLUDING VII + VIII IX:$ 335,961.00 Chassis Delivery to Body Company Days ARO Fax all Purchase Orders to BuyBoard at (800) 211-5454 Attachment 1A Item 1A The following detials shall be provided with any BuyBoad purchase order (Fax Purchase Order to {800}211-5454 Prepared By: Jay Gravens BuyBoard Vendor: Vendor Phone:(972) 225-2313 McNeilus Truck & Manufacturing [Address P.O. to:] Vendor Fax:(972) 225-7077 1101 I-45 South Vendor Toll Free Hutchins TX 75141 Date Prepared3/10/2006 Government Agency:City of DentonGov. AgencyCity of Denton [Ship to:] 1527 Mayhill Rd[Bill to:]1527 Mayhill Rd Denton TX 76208Denton TX 76208 Contacts Name: Gov. Agn. Phone No:940-349-7133G. A. Fax No:940-566-7303 Mike Ellis Product Description: McNeilus 4029 Price List:Base Price I: BuyBoard Contract #208-04$63,882.00 Base Bid Options II:(Itemize Below) *Paint Body430.00$ *Work lite on Driver's Mirror200.00$ *Fire Ext. & Bracket371.00$ *Tool Box 28"391.00$ *Dual Backup Camera 3rd Eye2,317.00$ *Broom and Shovel Bracket150.00$ *Trapezoid Lights200.00$ *Manual tailgate lock850.00$ *MudFlaps-F & R of Tandems116.00$ * *Body Service Lift2,069.00$ *-$ *Pederson Smart Lt571.00$ *-$ *Dual Hopper Wk. Lite371.00$ *-$ Subtotal6,445.00$ Subtotal1,591.00$ Contract List Price Total $ 8,036.00 Subtotal of I + II => III:$ 71,918.00 BuyBoard Contract Price: Non-Base Options IV:NON-BASE = #DIV/0!% (Itemize below) *Freight1,360.00$ -$ *Steel Surcharge3,500.00$ -$ $ --$ *-$ -$ Subtotal4,860.00$ Subtotal-$ V Unpublished Options added to Contract Price (Subtotal of Co. 1 & Col 2) $ 4,860.00 Total IV + VI VI $ 76,778.00 Units:x "E" VII3 Quantity Ordered$ 230,334.00 Trade-in or other Credit(s) VIII TOTAL PURCHASE PRICE INCLUDING VII + VIII IX$ 230,334.00 Contract Effectiove Dates: 10/1/2004 through 9/30/2006 Fax all Purchase Orders to BuyBoard at (800) 211-5454 Attachment 2 BuyBoard Hal Holloway Item 2 The following details shall be provided with any BuyBoad purchase order (Fax Purchase Order to {800}211-5454 Prepared By: Hal Holloway BuyBoard Vendor: Vendor Phone:972-554-5478 Rush Truck Center - Dallas [Address P.O. to:] Vendor Fax:972-785-3475 515 N. Loop 12 Vendor Toll Free(800) 256-7383 Irving, TX 75061 Date PreparedJanuary 16, 2006 Government Agency:Denton, City ofGov. Agency [Ship to:] same 901 Texas [Bill to:] Denton, TX 76209 Contacts Name: Gov. Agn. Phone No:940-349-7133G. A. Fax No:940-349-0042 Tom Shaw Product Description: New 2007 Peterbilt Model 320RH 44,000 GVW Item 5 Cab & Chassis Contract 208-04 Price List:Base Price I:$109,268.00 BuyBoard Contract #208-04$67,593.00 Base Bid Options: II:(Itemize Below)128,371.00 ** -$ * -$ * -$ * -$ *-$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ *-$ * Subtotal-$Subtotal19,563.00$ III: Unpublished Options added to Contract Price (Subtotal of Co. 1 & Col 2) $19,563.00 Total IV + VI IV: $87,156.00 Unpublished Amount (%) V:36.4% EACH $(7,121.00) Unit Cost with Discount VI: $80,035.00 Local Additions PreDelivery Inspection before Delivery to McNeilu $200.00 Cat Extended Engine Warranty 7yr-250k miles $1,790.00 Cat Extended Injector warranty $430.00 Telma Drive Line Retarder installed before body instal $8,675.00 Allison Extended Warranty to 5 yrs unlimited mileag $1,690.00 100 days floor plan @ 20.00 per day $2,000.00 Units:x "E" VII:794820.00 each Quantity Ordered$663,740.00 TOTAL PURCHASE PRICE INCLUDING VII + VIII IX:$663,740.00 Chassis Delivery to Body Company 120 Days ARO Fax all Purchase Orders to BuyBoard at (800) 211-5454 Attachment 2A Item 2A The following detials shall be provided with any BuyBoad purchase order (Fax Purchase Order to {800}211-5454 Prepared By: Jay Gravens BuyBoard Vendor: Vendor Phone:(972) 225-2313 McNeilus Truck & Manufacturing [Address P.O. to:] Vendor Fax:(972) 225-7077 1101 I-45 South Vendor Toll Free Hutchins TX 75141 Date Prepared12/29/2005 Government Agency:City of DentonGov. AgencyCity of Denton [Ship to:] 1527 Mayhill Rd[Bill to:]1527 Mayhill Rd Denton TX 76208Denton TX 76208 Contacts Name: Gov. Agn. Phone No:940-349-7133G. A. Fax No:940-566-7303 Mike Ellis Product Description: McNeilus 22 yd Street Force Auto Side Loader Price List:Base Price I:Item 38 BuyBoard Contract #208-04$64,022.00 Base Bid Options II:(Itemize Below) *Hopper Work Light200.00$ *Manual Tailgate Lock850.00$ *Arm Work Light200.00$ *Paint Body430.00$ *Dual Backup Camera 3rd Eye2,317.00$ *Fire Ext. & Bracket371.00$ *Trapezoid Lights200.00$ *Tool Box 28"391.00$ *MudFlaps-F & R of Tandems116.00$ *Shovel and Broom Bracket150.00$ *Outside Control615.00$ *-$ *Pederson Strobe571.00$ *-$ *Autoload2,368.00$ *-$ Subtotal6,587.00$ Subtotal2,192.00$ Contract List Price Total $ 8,779.00 Subtotal of I + II => III:$ 72,801.00 BuyBoard Contract Price: Non-Base Options IV:NON-BASE = #DIV/0!% (Itemize below) *Freight1,360.00$ -$ *-$ -$ *-$ -$ *-$ -$ Subtotal1,360.00$ Subtotal-$ V Unpublished Options added to Contract Price (Subtotal of Co. 1 & Col 2) $ 1,360.00 Total IV + VI VI $ 74,161.00 Units:x "E" VII7 Quantity Ordered$ 519,127.00 Trade-in or other Credit(s) VIII TOTAL PURCHASE PRICE INCLUDING VII + VIII IX$ 519,127.00 Contract Effectiove Dates: 10/1/2004 through 9/30/2006 Fax all Purchase Orders to BuyBoard at (800) 211-5454 Attachment 3 Hal Holloway BuyBoard Item 3 The following details shall be provided with any BuyBoad purchase order (Fax Purchase Order to {800}211-5454 Prepared By: Hal Holloway BuyBoard Vendor: Vendor Phone:972-554-5478 Rush Truck Center - Dallas [Address P.O. to:] Vendor Fax:972-785-3475 515 N. Loop 12 Vendor Toll Free(800) 256-7383 Irving, TX 75061 Date Prepared Government Agency:Denton, City ofGov. Agency [Ship to:] 901 Texas St.[Bill to:] Denton, TX Contacts Name: Gov. Agn. Phone No:G. A. Fax No: Tom Shaw - Mike Ellis Product Description: Price List:Base Price I:113039 BuyBoard Contract #208-04#7 357 61-70k GVW$ 73,698.00 Base Bid Options: II:(Itemize Below)48,743.00$ ** * -$ * * -$ *-$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ *-$ *$ 49,203.00 Subtotal-$ Subtotal49,203.00$ III: Unpublished Options added to Contract Price (Subtotal of Co. 1 & Col 2) Total IV + VI IV: $ 122,441.00 Unpublished Amount (%) V:36.4% EACH $ (17,910.00) Unit Cost with Discount VI: $ 104,531.00 CAT 7yr 250k Extended Warranty add $ 2,350.00 CAT Injector Warranty add $ 690.00 Allison 5yr Warranty add $ 1,900.00 Floor Plan add (can be deducted if paid within 15 days of Peterbilt invoice) $ 2,800.00 Units:x "E" VII:1 Quantity Ordered$ 112,271.00 Trade-in or other Credit(s) VIII Fleet discount-$ 0$ (11,153.00) TOTAL PURCHASE PRICE INCLUDING VII + VIII IX:$ 101,118.00 Chassis Delivery to Body Company Days ARO Fax all Purchase Orders to BuyBoard at (800) 211-5454 Attachment 4 - Item 4 Attachment 5 Quote: Texas Buy Board #171-03 1834-CINDY Item 5 City of Denton Date: 3/8/2006 Salesperson: Cindy Kister Price Quote Earle Kinlaw Associates, Inc. 2166 A West Park Court Stone Mountain, GA 30087 Phone (770) 498-9316 Fax (770) 498-9318 FX30 Vac System The FX30 Vacuum Excavation System is both a portable vacuum unit for a variety of utility clean up applications and a powerful ?soft? excavating machine for digging small, precisely controlled excavations to expose buried utilities. The basic unit includes the following: Kubota diesel (28 hp gross), Insulated engine enclosure, Cylinder assist dumping system, Suction tool, Water Lance, 3? Hose kit (50 ft. w / 500 gallon; 30 ft. w / 800 gallon; 100 ft. w/ 1200 gallon), Antifreeze kit, and Insulated boots and gloves certificate. QtyPart NumberDescription 1022-269FX30 with 800 Gallon Tank 1101-104Wash Wand Kit 1101-138Lawn Sweeper 1279-019FX30/FX60 800 Decal Kit English 1318-6523" Hose Kit / 1 piece 50 ft. 1401-029Turbo Spray Gun Nozzle 1601-118Water Tank Assembly 1601-448Filter Sub Assembly 1601-723Plumbing Components T18S Vac Trailer T18S Vac System Trailer QtyPart NumberDescription 1025-019T18S Vac Trailer (Basic Unit) 1215-256Battery (12V, 200 Amp) $40,567.30 Total Amount Estimated Total Weight Is: 8,278.00 Lbs (3,755.00 Kgs) U.S. Dollars Texas Buy Board #171-03 1 Page Attachment 6 Item 6 Attachment 6 Item 6 Attachment 7 Item 7 BuyBoardDallas Peterbilt L.P. Hal Holloway The following details shall be provided with any BuyBoad purchase order (Fax Purchase Order to {800}211-5454 Prepared By: Hal Holloway BuyBoard Vendor: Vendor Phone:972-554-5478 Rush Peterbilt Dallas [Address P.O. to:] Vendor Fax:972-785-3475 515 N. Loop 12 Vendor Toll Free(800) 256-7383 Irving, TX 75061 Date Prepared Government Agency:Denton, City ofGov. Agency [Ship to:] 901 Texas St[Bill to:] Denton, TX Contacts Name: Gov. Agn. Phone No:( )G. A. Fax No:( ) Mike Ellis / Tom Shaw Product Description: 335 Tandem Chassis 62K GVW Price List:Base Price I:208-0490246 BuyBoard Contrac$ 57,064.00 Base Bid Options: II:(Itemize Below) *OX Dump Body (Net Pricing)14,315.00$ * -$ * -$ * -$ * -$ *-$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ *-$ * Subtotal14,315.00$ Subtotal24,177.00$ III: Unpublished Options added to Contract Price (Subtotal of Co. 1 & Col 2) $ 24,177.00 Total IV + VI IV: $ 81,241.00 Unpublished Amount (%) V:36.4% EACH $ (8,571.00) Unit Cost with Discount VI: $ 72,670.00 OX Dump Body (Net Pricing) $ 14,315.00 Units:x "E" VII:1 Quantity Ordered$ 86,985.00 CAT extended Engine 7yr - 250k Warranty add$ 1,790.00 CAT injector warranty add$ 430.00 Allison 3000 Series 5yr Warranty add$ 1,690.00 90 days Floor Plan Interest ( you may deduct if paid within 15 days of Peterbilt invoice)$ 2,400.00 Trade-in or other Credit(s) VIII -$ 0$ - TOTAL PURCHASE PRICE INCLUDING VII + VIII IX:$ 93,295.00 Chassis Delivery to Body Company 90 Days ARO Fax all Purchase Orders to BuyBoard at (800) 211-5454 ORDINANCE NO. ___________ AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER THROUGH THE BUY BOARD COOPERATIVE PURCHASING NETWORK FOR THE ACQUISITION OF ELEVEN REFUSE TRUCKS, A SCRAPER, A VACUUM EXCAVATION SYSTEM, AND A UNIMOG FOR THE CITY OF DENTON SOLID WASTE DEPARTMENT, AND A DUMP TRUCK FOR WATER DISTRIBUTION BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (FILE 3484-INTERLOCAL AGREEMENT FOR THE PURCHASE OF REFUSE TRUCKS AND HEAVY EQUIPMENT FOR SOLID WASTE DEPARTMENT AND WATER DISTRIBUTION AWARDED TO HOLT CAT IN THE AMOUNT OF $564,740.00, RUSH PETERBILT DALLAS IN THE AMOUNT OF $1,194,114.00, FREIGHTLINER OF SAN ANTONIO, LTD. IN THE AMOUNT OF $223,971.00, EARLE KINLAW ASSOCIATES, INC. IN THE AMOUNT OF $40,567.30, AND MCNEILUS TRUCK AND MANUFACTURING IN THE AMOUNT OF $749,461.00, FOR A TOTAL AWARD OF $2,772,853.30). WHEREAS, pursuant to Ordinance 2005-034, the Buy Board Cooperative Purchasing Network has solicited, received, and tabulated competitive bids for the purchase of necessary materials, equipment, supplies, or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies, or services can be purchased by the City through the Buy Board Cooperative Purchasing Network 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. The items shown in the ?File Number? referenced herein and on file in office of the Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: FILE NUMBER VENDOR AMOUNT 3484 Holt CAT $ 564,740.00 3484 Rush Peterbilt Dallas $1,194,114.00 3484 Freightliner of San Antonio, LTD. $ 223,971.00 3484 McNeilus Truck and Manufacturing $ 749,461.00 3484 Earle Kinlaw Associates, Inc. $ 40,567.30 SECTION 2. By the acceptance and approval of the items set forth in the referenced file number, the City accepts the offer of the persons submitting the bids to the Buy Board Cooperative Purchasing Network 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 Buy Board Cooperative Purchasing Network and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the referenced file number wish to enter into a formal written agreement as a result of the City?s ratification of bids awarded by the Buy Board Cooperative Purchasing Network, 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 Buy Board Cooperative Purchasing Network, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the items set forth in the referenced file number, 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. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this ________ day of ______________, 2006. _____________________________________ EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ________________________________ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY ________________ BY: _________________ 3-ORD-File 3484 1AGENDA PUBLIC UTILITIES BOARD 2 3MARCH 27, 2006 4 5After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6present, the Chair called ht meeting to order on Monday, March 27, 2006 at 9:03 a.m. in the 7Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton. 8 9Chair Newell, George Hopkins, Bill Cheek, Dick Smith, John Baines, Bob Bland Present: 10(arrived at 9:12 a.m.), and Phil Gallivan 11 12 EX OFFICIO MEMBER: 13 Howard Martin, Interim City Manager 14 15 16 17 182) Consider recommending approval of an Ordinance of the City of Denton authorizing the City 19Manager or his designee to execute a purchase order through the Buy Board Cooperative 20Purchasing Network for the acquisition of eleven refuse trucks, a scraper, a vacuum 21excavation system, and a Unimog for the City of Denton Solid Waste Department, and a 22dump truck for Water Distribution by way of an Interlocal Agreement with the City of 23Denton; and providing an effective date (File 3484-Interlocal Agreement for the purchase of 24Refuse Trucks and Heavy Equipment for Solid Waste Department and Water Distribution 25awarded to Holt CAT in the amount of $564,740.00, Rush Peterbilt Dallas in the amount of 26$1,194,114.00, Freightliner of San Antonio, LTD. in the amount of $223,971.00, Earle 27Kinlaw Associates, Inc. in the amount of $40,567.30, and McNeilus Truck and 28Manufacturing in the amount of $749,461.00, for a total award of $2,772,853.30). 29 30Board Member Gallivan asked if the 11 refuse trucks listed were net additions? 31Ellis responded that only one, and that was a side load automated truck. 32 33 Board Member Bill Cheek moved to approve Item 2 with a secondfrom Gallivan. The 34 motion was approved by a vote of 7-0. 35 36 AGENDA INFORMATION SHEET April 4, 2006 Questions concerning this AGENDA DATE: acquisition may be directed Materials Management to Mike Ellis 349-8424 DEPARTMENT: Jon Fortune ACM: SUBJECT Consider adoption of an Ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order with the Houston-Galveston Area Council of Governments (H-GAC) for the acquisition of one motor pool replacement vehicle each for the City of Denton Electric Operations, Drainage, Water Production and WastewaterBiosolids Divisions by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3485- Interlocal Agreement for the purchase of Fleet Vehicles for Electric Operations, Drainage, Water Production and Wastewater Biosolids with H-GAC awarded to Philpott Ford in the amount of $55,238, and to Romco Equipment in the amount of $585,280 for a total award of $640,518). The Public Utilities Board recommends approval (7-0). FILE INFORMATION This acquisition is for five motor pool replacement vehicles. The ½ ton four-wheel drive pickup for Drainage replaces a replaces a similar 1996 unit, the ½ ton pickup for Electric Operations replaces a 1995 unit, and the small SUV for Water Production replaces a 1989 ½ ton pickup. The three old units have been taken out of service and will be sold at auction. The rubber tired wheel loaders for Wastewater Biosolids are replacements for similar loaders sold back to the original dealer as part of the guaranteed buy back contract option. All units are powered by gasoline or diesel engines with LEV ratings that meet or exceed EPA standards. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board approved this item at its March 27, 2006 meeting. RECOMMENDATION Award to Philpott Ford in the amount of $55,238 as reflected in H-GAC contract pricing sheets included as Attachments 1?3. Award to Romco Equipment in the amount of $585,280 as reflected in HGAC contract pricingsheet included as Attachment 4. Agenda Information Sheet April 4, 2006 Page 2 PRINCIPAL PLACE OF BUSINESS PhilpottFord RomcoEquipment Nederland,TX Dallas, TX ESTIMATED SCHEDULE OF PROJECT Delivery can be made within 60-90days of receipt of an order. FISCAL INFORMATION The acquisition of these units will be funded from Motor Pool replacement funds and from buy back funding for the two loaders. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachments 1-4: H-GAC Pricing Sheets 1-AIS-File 3485 Attachment 1 CUSTOMIZED PRODUCT PRICING SUMMARY BASED ON CONTRACT Cars and Light Trucks H-GAC BID VE10-03 CITY OF DENTONALAN WILEY End User:Philpott Rep: MIKE ELLIS23-Feb-06 Contact:Date: 2006 FORD F150 EXT-CAB V8 SWB Product Description: GBJ A.Bid Series:A. Base Price:$ 14,178.00 B.Published Options [Itemize each below] CodeBid PriceCodeBid PriceOptionsOptions 572INCLINCLA/C4.6L V8 GAS LTO410.00SPECIAL TRANS GROUP$ INCLVINYL SEAT REQUIRED WITH AUTOMATICINCLINCLRUBBER FLOOR 44UINCLINCL4-SPEED AUTOMATICAM-FM RADIO 535287.00TRAILER TOW PACKAGE$ INCLABS BRAKES HD ELECTRIC-COOLINGINCLINCLFULL SPARE TIRE TRANSMISSION COOLERINCLINCLREAR BUMPER RECEIVER HITCHINCL LEDH97.00HOUR METER$ 52N287.00TILT/CRUISE$ 1012,995.004X4 UPGRADE$ SEE DISCOUNT BELOW P2B195.00PINTLE-BALL COMBO 2 5/16"$ Total of B. Published Options:$ 4,271.00 5.3 C.Unpublished Options [Itemize each below, not to exceed 25%]$=% OptionsBid PriceBid PriceOptions 1 EXTRA KEY$ 20.00 SET OF SERVICE MANUALS $ 300.00 UNDER HOOD LIGHT$ 65.00 CLOTH SPLIT BENCH SEATINCL 85A PWR WINDOWS-LOCKS-MIRRORS$ 985.00 X14 4X4 DISCOUNT$ (395.00) Total of C. Unpublished Options:$ 975.00 DELIVERY IN 60-90 DAYS D.Contract Price Adjustment: 300 E.Delivery Charges:miles @ $.93/mile279.00$ F.Total of A + B + C + D + E = F$ 19,703.00 1 G.Quantity Ordered x F =19,703.00$ H.H-GAC Administrative Fee [from Fee Schedule, Table A]$600.00 PER PURCHASE ORDER600.00$ I.Non-Equip Charges & Credits J.TOTAL PURCHASE PRICE INCLUDING H-GAC FEE20,303.00$ Attachment 2 CUSTOMIZED PRODUCT PRICING SUMMARY BASED ON CONTRACT Cars and Light Trucks H-GAC BID VE10-03 CITY OF DENTONALAN WILEY End User:Philpott Rep: MIKE ELLIS27-Dec-05 Contact:Date: 2006 FORD F150 EXT-CAB V8 SWB Product Description: GBJ A.Bid Series:A. Base Price:$ 14,178.00 B.Published Options [Itemize each below] CodeBid PriceCodeBid PriceOptionsOptions 572INCLINCLA/C4.6L V8 GAS LTO410.00SPECIAL TRANS GROUP$ INCLVINYL SEAT REQUIRED WITH AUTOMATICINCLINCLRUBBER FLOOR 44UINCLINCL4-SPEED AUTOMATICAM-FM RADIO 535287.00TRAILER TOW PACKAGE$ INCLABS BRAKES HD ELECTRIC-COOLINGINCLINCLFULL SPARE TIRE TRANSMISSION COOLERINCLINCLREAR BUMPER RECEIVER HITCHINCLINCLLONG BED LEDH97.00HOUR METER$ 52N287.00TILT/CRUISE$ Total of B. Published Options:$ 1,081.00 7.7 C.Unpublished Options [Itemize each below, not to exceed 25%]$=% OptionsBid PriceBid PriceOptions 1 EXTRA KEY$ 20.00 SET OF SERVICE MANUALS BY 3$ 100.00 UNDER HOOD LIGHT$ 65.00 CLOTH SPLIT BENCH SEATINCL 85A PWR WINDOWS-LOCKS-MIRRORS$ 985.00 Total of C. Unpublished Options:$ 1,170.00 DELIVERY IN 60-90 DAYS D.Contract Price Adjustment: 300 E.Delivery Charges:miles @ $.93/mile279.00$ F.Total of A + B + C + D + E = F$ 16,708.00 1 G.Quantity Ordered x F =16,708.00$ H.H-GAC Administrative Fee [from Fee Schedule, Table A]$600.00 PER PURCHASE ORDER-$ I.Non-Equip Charges & Credits J.TOTAL PURCHASE PRICE INCLUDING H-GAC FEE16,708.00$ Attachment 3 CUSTOMIZED PRODUCT PRICING SUMMARY BASED ON CONTRACT Cars and Light Trucks H-GAC BID VE10-03 CITY OF DENTONALAN WILEY End User: MIKE ELLIS27-Dec-05 Contact:Date: 2006 FORD ESCAPE 4-DOOR Product Description: FBA A.Bid Series:A. Base Price:$ 16,913.00 B.Published Options [Itemize each below] CodeBid PriceCodeBid PriceOptionsOptions 2.3L IH4STD 4-WHEEL ABSSTD AIR CONDITIONINGSTD ROOF SIDE RAILSSTD AUTOMATICSTD AM-FM CDSTD Total of B. Published Options:$ - 6.1 C.Unpublished Options [Itemize each below, not to exceed 25%]$=% OptionsBid PriceBid PriceOptions 05 U02/66B XLS MODELINCL FLOOR MATSINCL SPEED CONTROLINCL PERIMETER ALARMINCL 05 U03 310A XLT UPGRADE$ 715.00V6 ENGINE REQUIRES XLT UPGRADE 3.0L V6INCL POWER DRIVERS SEATINCL PRIVACY GLASSINCL 1 EXTRA KEY$ 20.00 COMPLETE SERVICE MANUALS $ 300.00 Total of C. Unpublished Options:$ 1,035.00 ESTIMATED DELIVERY IN 60-90 DAYS D.Contract Price Adjustment: 300 E.Delivery Charges:miles @ $.93/mile279.00$ F.Total of A + B + C + D + E = F$ 18,227.00 1 G.Quantity Ordered x F =18,227.00$ H.H-GAC Administrative Fee [from Fee Schedule, Table A]$600.00 PER PURCHASE ORDER-$ I.Non-Equip Charges & Credits J.TOTAL PURCHASE PRICE INCLUDING H-GAC FEE18,227.00$ Attachment 4 CONTRACT PRICING WORKSHEET (This Form must be prepared by Contractor, and provided to End User to attach to Purchase Order.) City of Denton End User:Date Prepared: 3/14/2006 Prepared By:Don Hales / Craig Stout Contract No.: EM06-05 972 562-5765 / 214 819-4121 Phone No.:Product Code: D464 Product Description: Volvo L180E Wheel Loader AItem Base Unit Price, Per H-GAC Contract:A:243240 BPublished Options (Itemize below, attach additional sheet(s) if necessary) CodeDescriptionCostCode DescriptionCost 80779Boom Suspension516782618Block Heater431 5223 80857Hydraulic Coupler & Hook On Bucket6778 Construction Utility Forks W/ 59" tines 94916Left Hand Armrest99( Need one set so price is 50% 0f total) Subtotal From Additional Sheet(s): 80518Radio Mounting Kit499 18,197 Subtotal B: CUnpublished Options (Itemize below, attach additional sheet(s) if necessary) CodeDescriptionCostCode DescriptionCost 91678Hook On 15.7 Light Material Bucket18878 Subtotal From Additional Sheet(s): 18,878 Subtotal C: Total cost of Unpublished Options (C) cannot exceed 25% of the total of the Base Unit Price plus Check: Published Options (A+B). For this transaction, the percentage is:7% Note: Unpublished Options cannot be used to change to another contracted model.) DOther Price Adjustments (E.G. Installation, Freight, Delivery, Etc.) Field Installation of Locking Device & Quick Coupler, Separate Freight on buckets and Quick Coupler8000 Subtotal D: 8,000 EUnit Cost of Item Before Fee & Non-Equipment Charges (A+B+C+D) 288,315 Quantity OrderedX 2 Subtotal E: 576,630 FH-GAC Fee Calculation (From Current Fee Tables)Subtotal F:8650 GNon-Equipment Charges (Trade-In, Extended Warranty, etc.) - Subtotal G: Total Purchase Price (E+F+G): H 585,280 Estimated Delivery Date: (Please Type, or Print Legibly) REV020715 ORDINANCE NO. ___________ AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER WITH THE HOUSTON- GALVESTON AREA COUNCIL OF GOVERNMENTS (H-GAC) FOR THE ACQUISITION OF ONE MOTOR POOL REPLACEMENT VEHICLE EACH FOR THE CITY OF DENTON ELECTRIC OPERATIONS, DRAINAGE, WATER PRODUCTION AND WASTEWATER BIOSOLIDS DIVISIONS BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (FILE 3485-INTERLOCAL AGREEMENT FOR THE PURCHASE OF FLEET VEHICLES FOR ELECTRIC OPERATIONS, DRAINAGE, WATER PRODUCTION AND WASTEWATER BIOSOLIDS WITH H-GAC AWARDED TO PHILPOTT FORD IN THE AMOUNT OF $55,238, AND TO ROMCO EQUIPMENT IN THE AMOUNT OF $585,280 FOR A TOTAL AWARD OF $640,518). WHEREAS, pursuant to Ordinance 95-107, the Houston-Galveston Area Council of Government (H-GAC) has solicited, received, and tabulated competitive bids for the purchase of necessary materials, equipment, supplies, or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies, or services can be purchased by the City through the Houston-Galveston Area Council of Government (H-GAC) programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies, or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered file for materials, equipment, supplies, or services, are hereby approved. FILE NUMBER VENDOR AMOUNT 3485 H-GAC/Philpott Ford $55,238 3485 Romco Equipment $585,280 SECTION 2. By the acceptance and approval of the above numbered items set forth in the referenced file, the City accepts the offer of the persons submitting the bids to the H-GAC for such items and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the H-GAC, 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 H-GAC, 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 H-GAC, 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 enumerated items, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this ________ day of ______________, 2006. _____________________________________ EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ________________________________ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY ________________ BY: _________________ 3-ORD-File 3485 AGENDA PUBLIC UTILITIES BOARD MARCH 27, 2006 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Chair called ht meeting to order on Monday, March 27, 2006 at 9:03 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton. Chair Newell, George Hopkins, Bill Cheek, Dick Smith, John Baines, Bob Bland Present: (arrived at 9:12 a.m.), and Phil Gallivan EX OFFICIO MEMBER: Howard Martin, Interim City Manager The Public Utilities Board has received background information, staff?s recommendations, and has had an opportunity to raise questions regarding these items prior to consideration. Detailed information is attached to each Consent Agenda Item. Items 1 and 2 were pulled from the Consent Agenda for individual consideration. 1) Consider recommending approval of an Ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order with the Houston-Galveston Area Council of Governments (H-GAC) for the acquisition of one motor pool replacement vehicle each for the City of Denton Electric Operations, Drainage, Water Production and Wastewater Biosolids Divisions by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3485-Interlocal Agreement for the purchase of Fleet Vehicles for Electric Operations, Drainage, Water Production and Wastewater Biosolids with H-GAC awarded to Philpott Ford in the amount of $55,238, and to Romco Equipment in the amount of $585,280 for a total award of $640,518). Board Member Bill Cheek had a question concerning the buy back monies being used to fund the purchase of two loaders. Mike Ellis, Fleet Superintendent, responded that the buy back monies were from the prior year budget and were being used because the City no longer executed buy back due to the inflated cost of the equipment. Board Member John Baines asked about participation from local dealers. Ellis responded that local dealers were only interested in participating in the maintenance of the city?s fleet. Board Member Phil Gallivan moved to approve Item 1 with a second from Board Member George Hopkins. The motion was approved by a vote of 7-0. AGENDA INFORMATION SHEET AGENDA DATE: April 4, 2006 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Mike Ellis 349-8424 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network for the acquisition of a 12 cubic yard dump truck with OX dump body and a 2.5 cubic yard wheel loader for the City of Denton Street Division by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3486-Interlocal Agreement for the purchase of 12 Cubic Yard Dump Truck awarded to Rush Peterbilt Dallas in the amount of $93,295, and 2.5 Cubic Yard Wheel Loader awarded to Holt CAT in the amount of $145,900 for a total award of $239,195). FILE INFORMATION The dump truck will replace a 1998 similar unit no longer economical to repair and maintain. The old unit will be sold at auction. The rubber tire wheel loader will replace a larger 2002 model that is being transferred to the Solid Waste Landfill fleet. Solid Waste has agreed to pay the Street Division $106,000, which is market value for the unit. These funds will be the partial source of funding for the new smaller unit for the Street Division. RECOMMENDATION Award of a contract to Rush Peterbilt Dallas in the amount of $93,295 for a Peterbilt 335 cab/chassis with an OX dump body, and award of a contract to Holt CAT in the amount of $145,900 for a Caterpillar 930G wheel loader as indicated on the Buy Board contract pricing sheets included as Attachments 1 and 2. PRINCIPAL PLACE OF BUSINESS Rush Peterbilt Dallas Holt CAT Irving, TX Fort Worth, TX Agenda Information Sheet April 4, 2006 Page 2 ESTIMATED SCHEDULE OF PROJECT The cab/chassis is estimated to be delivered to the body company in 90 days. The complete unit is scheduled for delivery the first week of August 2006. The loader will be available the second week of July 2006. FISCAL INFORMATION The acquisition of the dump truck will be funded from Certificates of Obligation approved by City Council on December 6, 2005. The loader will be funded by a transfer from Solid Waste, and the balance from motor pool replacement fund 810001.8535. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachments 1-2: Buy Board Contract Sheets 1-AIS-FILE 3486 Attachment 1 Hal Holloway BuyBoardDallas Peterbilt L.P. The following details shall be provided with any BuyBoad purchase order (Fax Purchase Order to {800}211-5454 Prepared By: Hal Holloway BuyBoard Vendor: Vendor Phone:972-554-5478 Rush Peterbilt Dallas [Address P.O. to:] Vendor Fax:972-785-3475 515 N. Loop 12 Vendor Toll Free(800) 256-7383 Irving, TX 75061 Date Prepared Government Agency:Denton, City ofGov. Agency [Ship to:] 901 Texas St[Bill to:] Denton, TX Contacts Name: Gov. Agn. Phone No:( )G. A. Fax No:( ) Mike Ellis / Tom Shaw Product Description: 335 Tandem Chassis 62K GVW Price List:Base Price I:208-0490246 BuyBoard Contrac$ 57,064.00 Base Bid Options: II:(Itemize Below) *OX Dump Body (Net Pricing)14,315.00$ * -$ * -$ * -$ * -$ *-$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ * -$ *-$ * Subtotal14,315.00$ Subtotal24,177.00$ III: Unpublished Options added to Contract Price (Subtotal of Co. 1 & Col 2) $ 24,177.00 Total IV + VI IV: $ 81,241.00 Unpublished Amount (%) V:36.4% EACH $ (8,571.00) Unit Cost with Discount VI: $ 72,670.00 OX Dump Body (Net Pricing) $ 14,315.00 Units:x "E" VII:1 Quantity Ordered$ 86,985.00 CAT extended Engine 7yr - 250k Warranty add$ 1,790.00 CAT injector warranty add$ 430.00 Allison 3000 Series 5yr Warranty add$ 1,690.00 90 days Floor Plan Interest ( you may deduct if paid within 15 days of Peterbilt invoice)$ 2,400.00 Trade-in or other Credit(s) VIII -$ 0$ - TOTAL PURCHASE PRICE INCLUDING VII + VIII IX:$ 93,295.00 Chassis Delivery to Body Company 90 Days ARO Fax all Purchase Orders to BuyBoard at (800) 211-5454 Attachment 2 Attachment 2 ORDINANCE NO. ___________ AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER THROUGH THE BUY BOARD COOPERATIVE PURCHASING NETWORK FOR THE ACQUISITION OF A 12 CUBIC YARD DUMP TRUCK WITH OX DUMP BODY AND A 2.5 CUBIC YARD WHEEL LOADER FOR THE CITY OF DENTON STREET DIVISION BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (FILE 3486-INTERLOCAL AGREEMENT FOR THE PURCHASE OF 12 CUBIC YARD DUMP TRUCK AWARDED TO RUSH PETERBILT DALLAS IN THE AMOUNT OF $93,295, AND 2.5 CUBIC YARD WHEEL LOADER AWARDED TO HOLT CAT IN THE AMOUNT OF $145,900 FOR A TOTAL AWARD OF $239,195). WHEREAS, pursuant to Ordinance 2005-034, the Buy Board Cooperative Purchasing Network has solicited, received, and tabulated competitive bids for the purchase of necessary materials, equipment, supplies, or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies, or services can be purchased by the City through the Buy Board Cooperative Purchasing Network 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. The items shown in the ?File Number? referenced herein and on file in office of the Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: FILE NUMBER VENDOR AMOUNT 3486 Rush Peterbilt Dallas $ 93,295 3486 Holt CAT $145,900 SECTION 2. By the acceptance and approval of the items set forth in the referenced file number, the City accepts the offer of the persons submitting the bids to the Buy Board Cooperative Purchasing Network 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 Buy Board Cooperative Purchasing Network and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the referenced file number wish to enter into a formal written agreement as a result of the City?s ratification of bids awarded by the Buy Board Cooperative Purchasing Network, 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 Buy Board Cooperative Purchasing Network, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the items set forth in the referenced file number, 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. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this ________ day of ______________, 2006. _____________________________________ EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ________________________________ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY ________________ BY: _________________ 3-ORD-File 3486 AGENDA INFORMATION SHEET AGENDA DATE: April 4, 2006 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Eva Poole 349-8750 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance authorizing the City Manager to execute a Professional Services Agreement with the firm of Booziotis and Company Architects to provide architectural services for the design of the South Branch Library Expansion and redesign of the existing parking lot; authorizing the expenditure of funds therefor; and providing an effective date (File 3407 in an amount not to exceed $126,925). RFSP INFORMATION This Professional Services Agreement is for the design of the South Branch Library expansion and redesign of the existing parking lot for ease of ingress and egress and additional parking spaces to accommodate the expansion of the branch facility. The Library expansion will add approximately 7,500-10,000 square feet. Fifteen proposals were received from architects in the Dallas/Ft. Worth metro-plex area, including three local architects. The proposals were evaluated based upon the following criteria: 1) Make up and resume of team members = 10% 2) Experience with a municipal government in the state of Texas = 5% 3) Proposer?s previous successful project history with public library design and construction = 30% 4) Proposer?s experience in renovation and expansion of library buildings = 25% 5) Qualifications of the Proposer and ability to perform the work = 20% 6) Creative approach to design = 10% The proposals were evaluated and ranked (Attachment 1), by the evaluation committee, consisting of the following City staff members: Director of Libraries Director of Facilities Management Special Projects Manager - Facilities Management Library Branch Manager Senior Buyer Agenda Information Sheet April 4, 2006 Page 2 The top four architectural firms were chosen for an interview and presentation. In addition to the evaluation committee, various departments were asked to participate in the interview process, including Technology Services, Planning and Development, Traffic, Engineering, Fire, and Police. Based upon the presentations, and input from the various departments, the evaluation committee ranked the firms (Attachment 1), and entered into negotiations with the top firm, Booziotis and Company Architects. For additional details, see the professional services agreement attached to the ordinance. The Professional Services Procurement Act, Chapter 2254 of the Texas Government Code requires the selection of a Professional Service be determined on the basis of demonstrated competence and qualifications to perform the services at a fair and reasonable price. Booziotis and Company Architects was chosen for this project based upon the ranking criteria of the selection committee and in accordance with RSFP 3407 and successful negotiations. RECOMMENDATION Award to Booziotis and Company Architects for 8.5% of the estimated budget plus additional services and reimbursables as required, in an amount not to exceed $126,925 based upon the current budget. PRINCIPAL PLACE OF BUSINESS Booziotis and Company Architects Dallas, TX ESTIMATED SCHEDULE OF PROJECT Booziotis and Company Architects estimates 24 weeks for completion of design and construction documents, and an additional 38 weeks for bidding and construction. The estimates are subject to change based upon City approvals. FISCAL INFORMATION This project will be funded from account 100095447.1360.20100 Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1 ? Evaluation Rankings 1-AIS-RFSP 3407 Attachement 1 RFSP 3407 Architectural Services for Expansion of S. Branch Library Evaluation EVALUATION RANKING BASED UPON SUBMITTED PROPOSALS PRINCIPLE PLACE OF RANKRESPONDENTSTOTAL BUSINESS MAXIMUM POINTS500 1Hidell & Associates Architects488Carrollton, TX 2Leo A Daly451Dallas, TX 3Petrelli Associates Inc.413Arlington, TX 4Booziotis & Company Architects404Dallas, TX 5Pro.Forma Architecture Inc.353Dallas, TX 6BRW Architects, Inc.318Dallas, TX 7Aguirre Corporation313Dallas, TX 8Kirkpatrick Architect Studio303Denton, TX 9Nelson Morgan Architects Inc.286Denton, TX 10Reeves Studio278Denton, TX 11H H Architects267Dallas, TX 12WRA Architects Inc.251Dallas, TX 13GSR-Andrade Architects236Dallas, TX 14VLK Architects214Arlington, TX 15Shiver & Associates Architects199Dallas, TX EVALUATION RANKING AFTER INTERVIEWS ON 12/12/05 RANKRESPONDENTSTOTAL MAXIMUM POINTS16 1Booziotis & Company Architects16 2Petrelli Associates Inc.10 3Hidell & Associates Architects9 4Leo A Daly5 AGENDA INFORMATION SHEET April 4, 2006 AGENDA DATE: Finance DEPARTMENT: Jon Fortune ACM: SUBJECT Consider adoption of an Ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the Unreserved Fund Balance of the General Fund with Certificates of Obligation so that a contract may be awarded for the construction of Fire Station 7 and the purchase of fire engine; declaring an emergency and amending the 2005-06 Capital Improvement Budget to allow funding for said project; and providing an effective date. (Related costs $1,000,000) BACKGROUND The original budget of $2.5 million to construct Fire Station #7 did not include funds to accomplish LEED certification. The proposed construction contract is $941,460 more than the available funding and approximately $190,000 of that increase is due to the LEED certification requirements. There was also $500,000 budgeted to purchase a fire engine and required emergency equipment for the new station. The bid to purchase the engine and the associated equipment came in $58,554 higher. There is a work session item on the April 4 agenda to discuss this item. Detailed information will be provided in the agenda material for this work session item and additional information can be found in the following agenda item, which concerns accepting the bid proposals and awarding a contract for the construction of Fire Station #7. ESTIMATED SCHEDULE OF PROJECT The completion of Fire Station #7 is scheduled for January 1, 2007. FISCAL INFORMATION This project will be funded from Certificate of Obligation sales and 2005-06 CIP Bond funds. Respectfullysubmitted: Jon Fortune AssistantCityManager S:\Our Documents\Ordinances\06\reimbursement ordinance-fire 7.doc ORDINANCE NO. ______________ AN ORDINANCE TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE UNRESERVED FUND BALANCE OF THE GENERAL FUND WITH CERTIFICATES OF OBLIGATION SO THAT A CONTRACT MAY BE AWARDED FOR THE CONSTRUCTION OF FIRE STATION 7 AND A FIRE ENGINE AND ASSOCIATED EQUIPMENT MAY BE PURCHASED; DECLARING AN EMERGENCY AND AMENDING THE 2005-2006 CAPITAL IMPROVEMENT BUDGET; AND PROVIDING AN EFFECTIVE DATE (PROJECT - $1,000,000). WHEREAS, the City of Denton (the ?Issuer?) is a municipal corporation/political subdivision of the State of Texas; and WHEREAS, the issuer expects to pay expenditures in connection with awarding a contract for the construction of Fire Station 7 more fully described in Exhibit ?A? (the ?Project?); and WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the Issuer and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 Treasury Regulations, to reimburse itself for such payments at such time as it issues the obligations to finance the Project; and WHEREAS, Sec. 8.08 of the Denton City Charter provides that in case of grave public necessity, emergency expenditures to meet unusual and unforeseen conditions, which could not by diligent thought and attention have been included in the original budget, may be authorized by the affirmative vote of at least five of the members of the Council as an amendment to the original budget; and WHEREAS, the City Council finds that there is a grave public necessity and an unforeseen emergency exists which requires amendment of the 2005-2006 Capital Improvement budget because it was unforeseeable that there would be a need for LEED Certification, and the cost for the Station, the fire engine and associated equipment has significantly increased, such situation not being known to the City at the time the 2005-2006 budget was adopted, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1:The findings and recitations in the preamble of this ordinance are incorporated herein by reference. SECTION 2:The Issuer reasonably expects to incur debt, as one or more series of obligations, with an aggregate maximum principal amount equal to $1,000,000 for the purpose of paying the costs of the Project, as set forth in the attached Exhibit ?A? which is made a part of this ordinance for all purposes. SECTION 3:All costs to be reimbursed will be for a contract for the construction of Fire Station 7. No tax-exempt obligations will be issued by the Issuer in furtherance of this ordinance after a date which is later than 18 months after the later of (1) the date the expenditures are paid, or (2) the date on which the property, with respect to which such expenditures are made, is placed in service. All amounts expended from the Unreserved Retained Earnings for the Project to pay any costs of the Project shall be reimbursed from Certificate of Obligation proceeds within the 2005-2006 fiscal year. SECTION 4:The foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to this ordinance more than three years after the date any expenditure which is to be reimbursed is paid. SECTION 5:The 2005-2006 budget of issuer is amended up to $1,000,000 to provide for adjustments to budgeted appropriations in the General Fund. SECTION 6:The City Secretary is directed to attach a copy of this ordinance to the original budget and cause this amendment to be published once in the . Denton Record-Chronicle SECTION 7:This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ______ day of ___________________, 2006. _______________________________ EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ___________________________________ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: _________________ ________________ Page 2 Attachment A CIP Project: 2005-2006 Station #7 Construction and Equipment $1,000,000 AGENDA INFORMATION SHEET April 4, 2006Questions concerning this AGENDA DATE: acquisition may be directed Materials Management to Ross Chadwick 349-8830 DEPARTMENT: Jon Fortune ACM: SUBJECT Consider adoption of an Ordinance accepting sealed competitive proposals and awarding a contract for the construction of Fire Station # 7; providing for the expenditure of funds therefor and providing an effective date (RFSCP 3458?Fire Station #7 awarded to Hisaw and Associates in an amount not to exceed $3,441,460). RFSCP INFORMATION This request for sealed competitive proposals is for the construction of a complete and operational Fire Station #7. The proposal includes site work, general construction, structural, mechanical, electrical, plumbing and finish out.The design incorporates sufficient ?points? for LEEDS silver certification for recycled content and energy efficiency. Five proposals were received and evaluated by a diversified team consisting of three Fire Department representatives, two members from Facilities Management, one from Purchasing, and one from the Architect?s staff. The evaluation process involved ranking based upon published criteria listed below and oral interviews. Proposed cost amount and days to completion 40% Offeror?sexperienceandreputation 30% Offeror?s personnel and subcontractors assigned to project 27% Offeror?s financial history and safetyrecord3% 100% Hisaw and Associates from Carrollton, Texas was selected as the highest ranked and the best for the project (Attachment 1). Negotiations with Hisaw and Associates representatives yielded a not to exceed price of $3,441,460 including selected alternates and a completion date of January 1, 2007 or approximately 270 calendar days. Additional value engineering may yield further savings. RECOMMENDATION Award a contract to Hisaw and Associates for construction of Fire Station #7 in the not to exceed amount of $3,441,460. Agenda Information Sheet April 4, 2006 Page 2 PRINCIPAL PLACE OF BUSINESS Hisaw and Associates Carrollton, TX ESTIMATED SCHEDULE OF PROJECT The completion of Fire Station #7 is scheduled for January 1, 2007. FISCAL INFORMATION This public works construction project will be funded from Certificate of Obligation sales from 2004-2005 and 2005-06 CIP Bond funds. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1:Contractor rankings 1-AIS-RFSCP 3458 Attachment 1 Fire Station #7 Contractor Evaluation Ranking BASE BID CONTRACTOR SCORE OUT OF 100 W/OUT ALTERNATES 1. Hisaw and Associates 79.08 $3,370,000 Carrollton, TX 2. Tim Beaty Builders 74.49 $3,794,000 Denton, TX 3. CR Reynolds 68.82 $3,125,000 Sherman, TX 4. CME Builders & Engineers 66.73 $3,178,000 Cleburne, TX 5. Phillips/May Corp. 59.80 $3,866,333 Dallas, TX ORDINANCE NO. _________ AN ORDINANCE ACCEPTING COMPETITIVE SEALED PROPOSALS AND AWARDING A CONTRACT FOR THE CONSTRUCTION OF FIRE STATION # 7; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR AND PROVIDING AN EFFECTIVE DATE (RFSCP 3458?FIRE STATION #7 AWARDED TO HISAW AND ASSOCIATES IN AN AMOUNT NOT TO EXCEED $3,441,460). WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for the construction of public facilities in accordance with the procedures authorized by State law and City ordinances; and WHEREAS, the City Manager, and the selection evaluation committee appointed by the City Manager, have received and recommend that the herein described proposal offers the City the best value based on the published selection criteria and the ranking evaluation for the construction of Fire Station #7; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive sealed proposal for the construction of Fire Station #7, as described in the "Request for Competitive Sealed Proposals" and plans and specifications on file in the Office of the City's Purchasing Agent filed according to the proposal number assigned hereto, is hereby accepted and approved as the proposal offering the City the best value based on the published selection criteria and the ranking evaluation for the construction of Fire Station #7: RFSCP NUMBER CONTRACTOR AMOUNT 3458 Hisaw and Associates $3,441,460 . The acceptance and approval of the above competitive proposal shall not SECTION 2 constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 3. The City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. Upon acceptance and approval of the above competitive proposal and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. dayof,2006. PASSEDANDAPPROVEDthisthe EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: _________________ ________________ 3-ORD-RFSCP 3458 AGENDA INFORMATION SHEET AGENDA DATE: April 4, 2006 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Charles Wiley 349-7925 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of ten Mobil Vision In-Car Digital Recording Systems for the City of Denton Police Department, which are available from only one source in accordance with the pertinent provisions of Chapter 252 of the Texas Local Government Code exempting such purchases from the requirements of competitive bidding; and providing an effective date (File 3489-to L-3 Communications Mobile Vision, Inc. in the amount of $58,059). FILE INFORMATION This bid is for the purchase of ten color mobile video camera systems for ten new police sedans that were approved by Council on December 6, 2005. These camera systems are especially designed for the rugged use associated with a patrol vehicle. The system includes trunk mounted VCR, cameras with zoom lens, color monitor, overhead control console, one year extended warranty, and other options depending upon application. By purchasing the video camera system through L-3 Communications Mobile Vision, Inc., the additional ten cameras will be compatible with the existing fleet?s video camera system. The required equipment, software and services are proprietary items and only available from a single source. Chapter 252 of the Texas Local Government Code exempts from the competitive bid process, those supplies and resources protected by copyright or patent and available from only one source. RECOMMENDATION Award to L-3 Communications Mobile Vision, Inc. in the amount of $58,059. ESTIMATED SCHEDULE OF PROJECT Delivery and installation of the camera systems can be accomplished within 90 days of receipt of an order. Agenda Information Sheet April 4, 2006 Page 2 PRIOR ACTION/REVIEW (Council, Boards, Commissions) Council approved the original purchase of fifty-five mobile video camera systems from Mobile Vision Inc. on March 6, 2001. PRINCIPAL PLACE OF BUSINESS L-3 Communications Mobile Vision, Inc. Boonton, NJ FISCAL INFORMATION Funding for this item is available from Certificate of Obligation account 810004707.1355.30100. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Quote Attachment 2: Sole Source Letter 1-AIS-File 3489 Attachment 1 Mobile-Vision, Inc. Quotation Denton Police Department 3-1-06 601 East Hickory #E Denton, TX 76205 Sales Rep:RS Lt. Burns Attn: P: 940-349-7967 Quote Number: MT3106-2 F: 940-349-7966 DESCRIPTION QTYUNIT PRICEAMOUNT Mobile-Vision In-Car Digital Video Recording (DVR) solution with: $5,295.00 10$52,950.00 MVD-FBDVS ? Nite-Watch? Color camera with a 12X Optical ? 144X Digital zoom lens. FlashBack? ? Standalone Active Matrix Color 3.5? LCD Monitor. Digital Video ? VoiceLink Plus? 900MHz DSS Wireless Microphone. Recorder (DVR) ? Overwrite Protection feature. ? Wireless 802.11(g) LAN Card and Antenna. ? 4GB Flash Memory Card. ? GPS Receiver and Antenna. ? All mounts, cables and hardware. ? 1-Year Factory Parts and Labor Warranty. (Installation not included ? typically $200 - $275.) Collision Sensor (Triggers DVR for recording when involved in a crash)$150.00 MVD-CRASH-BAT 0$0.00 Backseat IR Camera$395.00 MVD-IR-CAM 0$0.00 Allows for video recording in the backseat of a patrol vehicle in low light conditions. Includes Infrared Illumination LED?s and functions in both black and white and color with fixed focus lens. L-3 Mobile-Vision Digital Evidence Tracker L-3 Mobile-Vision?s Digital Evidence Tracker Solution features Local access and viewing of evidence video. It provides the department with a centralized, secure cost effective method of storing and managing video files. Featuring search capabilities via various ?Key Data? including: officer name, vehicle, date, time. Secure chain of custody with user profiles and access rights. Provides fast search, retrieval and copy capabilities. Allows for playback of videos with ?VCR like? on-screen controls and easy exporting of video to portable media. Fully supports wireless download from the Flashback? recorder via 802.11 (g) standard. DVM-DET0576 Workstation and Storage MVD-DET0576$3,385.00 0$0.00 Dell Workstation P4 2.8 GHZ, 1 GB RAM, 320 GB HDD, RAID 1 configuration Mobile-Vision Digital Evidence Pro Software Redhat Linux Op Syst / Postgresql Database DVD-Rom, Floppy, Monitor, Keyboard, Mouse Power Connect Switch 10/100/1000 Wireless Access Point w/External Mounted Antenna MVD-8675-EX$660.00 0$0.00 802.11(g) Wireless Access point Antenna and Cabling DVM Backup/Archiving Station$2,984.00 MVD-DVD/BU 1$2,984.00 Dell GX 280 Celeron 325, 256 MB 80GB SATA/NTFS Primera Bravo II DVD writer /printer w/50 DVD capacity & admin workstation Windows XP Op System/DVD+R/RW Mobile-Vision DVD Archiving Software 100 pack: white printable DVD-R media UPS 1000 VA (OPTIONAL)$665.00 MVD-UPS1000 0$0.00 Software Configuration / Training$1,850.00 MVD-DEP-BT1 1$1,850.00 System build out and configuration plus 1 days (on site) training SUBTOTAL $ 57,784.00 Note: Pricing does not include physical installation of the antenna or any network wiring. SALES TAX (as required) NA 90 Days or Less ARO Delivery: Shipping w/n the continental USA via UPS Ground Net 30 days$ 275.00 Credit Terms: Not Included TOTAL 58,059.00$ Other State/Local Fees: 90 Fanny Road, Boonton, NJ 07005 Tel: (800) 336-8475 (973) 263-1090 Fax: (973) 257-3024 www.L-3com.com Attachment 2 ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR, AUTHORIZING, AND APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF TEN MOBIL VISION IN-CAR DIGITAL RECORDING SYSTEMS FOR THE CITY OF DENTON POLICE DEPARTMENT, WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PERTINENT PROVISIONS OF CHAPTER 252 OF THE TEXAS LOCAL GOVERNMENT CODE EXEMPTING SUCH PURCHASES FROM THE REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (FILE 3489- TO L-3 COMMUNICATIONS MOBILE VISION, INC. IN THE AMOUNT OF $58,059). 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. The following purchase of materials, equipment or supplies, as described in the ?File? listed hereon, and on file in the office of the Purchasing Agent, and the license terms attached are hereby approved: FILE NUMBER VENDOR AMOUNT 3489 L-3 Communications $58,059 Mobile Vision, Inc. SECTION 2. 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. The City Manager is hereby authorized to execute any contracts relating to the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby authorized. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _________ day of ____________, 2006. ____________________________________ EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ______________________________ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY ________________ BY: _________________ 3-ORD-File 3489 AGENDA INFORMATION SHEET April 4, 2006 AGENDA DATE: Parks and Recreation DEPARTMENT: Howard Martin, 8232 CM: SUBJECT Consider a request for an exception to the Noise Ordinance for the purpose of a music festival, Fry Street Fair, conducted by Delta Lodge, in the area of Fry Street, behind Lucky Lou?s, and the backyard of the Delta Lodge. The event is to be on Saturday, April 22, 2006, from 12:00 p.m. to 9:00 p.m. The exception is specifically requested for an increase in the maximum allowable decibels for an outdoor music festival from 70 decibels to 75 decibels. BACKGROUND Anna Campbell, with the Delta Lodge, has submitted a request for an increase in the noise level from 70 to 75 decibels. The festival will include local bands, retail and food booths. The event will be promoted in the Dallas/Ft. Worth metroplex and organizers anticipate a crowd of approximately 4,600 participates. The entry fee is $15.00 and $12 if purchased before the event. The Police Department has requested that the music end at 8:00 p.m. for security reasons and to disband the crowd. The Delta Lodge is requesting that the music end at 9:00 p.m. to allow for a better opportunity to provide a more favorable Fair to their customers and to increase revenues after losing money last year. Amplified sound will be used for both music and public announcements. The organization will contact the surrounding neighbors and businesses encouraging people to contact them if noise level becomes a problem. PRIOR ACTION/REVIEW (Council, Boards or Commissions) The City Council received a report and discussed Fry Street Fair coming back to Denton on March 22, 2005, and April 18, 2005. In 2005, a Council Committee was formed to work with staff and Delta Lodge members. FISCAL INFORMATION We have been informed by UNT Police that the Delta Lodge did not fulfill their financial obligations as agreed last year. The agreement with Delta Lodge included payment for all monies past due as well as half of the anticipated expenses for the 2005 Fry Street Fair in advance. Half of that sum was paid but the remaining sum was not paid as agreed. Though the City of Denton was reimbursed expenses immediately after the event, UNT Police were forced to accept payment over a period of several months and were finally paid in November of 2005. Arrangements were then made to prepay expenses for the 2006 event and there have been no payments to date. UNT will require full payment in advance of the event or they will not extend the use of any of their facilities. A lack of access to UNT parking will force thousands of 1 automobiles and pedestrians into adjoining neighborhoods. This situation could be aggravated if an extension of the time for which the event must end is extended from 8:00 p.m. to 9:00 p.m. as requested. There is an additional financial impact as well as public safety concerns associated with the expense of city personnel for that additional hour after dark. EXHIBITS 1. Letter of Request Respectfully submitted, Janet Fitzgerald, Director Prepared By: Janie McLeod, Community Events Coordinator 2 Exhibit 1 AGENDA INFORMATION SHEET April 4, 2006 AGENDA DATE: City Manager?s Office DEPARTMENT: Howard Martin, InterimCity Manager CM: SUBJECT Consider nominations/appointments to the City?s Boards and Commissions. BACKGROUND The following is a list of current board/commission vacancies: Airport Advisory Board ? John Vann has resigned. This is a nomination for Mayor Pro Tem McNeill. Construction Advisory and Appeals Board ? Council Member Montgomery has a nomination. Parks, Beautification and Recreation Board ? Chuck Smith has resigned. This is a nomination for Council Member Kamp. Zoning Board of Adjustment ? There are two alternate ?All? positions available for nominations. If you require any further information, please let me know. Respectfully submitted: Jennifer Walters City Secretary S:\Agenda Items\Board-Commission vacancies.doc