Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
February 7, 2012 Agenda
AGENDA CITY OF DENTON CITY COUNCIL February 7, 2012 After determining that a quorum is present, the City Council of the City of Denton, Texas will 3:00 p.m. convene in a Work Session on Tuesday, February 7, 2012 at in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: WORK SESSION 1. Citizen Comments on Consent Agenda Items This section of the agenda allows citizens to speak on Consent Agenda Items only. Each speaker will be given a total of three (3) minutes to address any items he/she wishes that are listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers this item. 2. Requests for clarification of agenda items listed on the agenda for February 7, 2012. 3. Receive a report, hold a discussion and give staff direction regarding an Interlocal Cooperation Agreement between the City of Denton and Denton County for Ambulance and Fire Protection Services. 4. Receive an update, hold a discussion, and give staff direction concerning the final draft of the Phase II Sustainability Plan. 5. Receive a report, hold a discussion and give staff direction on the proposed revisions to Denton's Water Conservation and Drought Contingency Plan. 6. Receive a report, hold a discussion, and give staff direction regarding a resolution created by the City of Denton Historic Landmark Commission. 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. CLOSED MEETING 1.Closed Meeting: A. Certain Public Power Utilities: Competitive Matters – Under Texas Government Code, Section 551.086; Consultation with Attorneys – Under Texas Government Code, Section 551.071. 1. Receive a report and a presentation from Denton Municipal Electric staff regarding certain public power competitive and financial matters related to the Request for Proposals No. 4859 issued by the City soliciting proposals City of Denton City Council Agenda February 7, 2012 Page 2 for a solar-generated energy facility or facilities for the City of Denton, Texas; discuss, deliberate and provide staff with direction regarding such matters. Consultation with the City’s attorneys regarding legal advice regarding such matters. A public discussion of this legal matter 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. 2. Receive a report from Denton Municipal Electric (“DME”) staff regarding a public power competitive and financial matter concerning the planning, construction, re-conductoring, and financial recourse available to DME regarding the TMPA 138 kV transmission line extending from Denton West to Teasley Substation, and from Denton West to Denton North Substation; receive a consultation from the City’s attorneys regarding legal issues involved respecting these matters, where a public discussion would conflict with the duty of the City’s attorneys to the City Council under the Texas Rules of Professional Conduct of the State Bar of Texas. Discuss, deliberate, and provide Staff with direction regarding same. B. Certain Public Power Utilities: Competitive Matters – Under Texas Government Code, Section 551.086. 1. Receive a briefing and information pertaining to certain competitive public power and financial issues regarding Texas Municipal Power Agency (“TMPA”) on matters including, without limitation: present and future plant operations issues, plant and system expenses, maintenance issues, performance issues, financial issues, reliability issues, planning issues, and any related issues concerning the City’s interest in, and its business relationship with the Texas Municipal Power Agency; and discuss, deliberate, and provide Staff with direction regarding such matters. C. Consultation with Attorneys – Under Texas Government Code, Section 552.071; Deliberations regarding Real Property – Under Texas Government Code, Section 552.072. 1. Discuss, deliberate and receive information from staff and provide staff with direction pertaining to the potential purchase of a 2.0 acre tract, more or less, located in the Hiram Sisco Survey, Abstract No. 1184, Denton, County, Texas, and located generally at the corner of McKinney Street and Oakland Street, City of Denton, Texas. Consultation with the City’s attorneys regarding legal issues associated with the potential acquisition of the real property described above where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and the Denton 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 proceeding or potential litigation. City of Denton City Council Agenda February 7, 2012 Page 3 2. Discuss, deliberate and receive information from staff and provide staff with direction pertaining to the value of a 2,174 square foot tract of land, more or less, located in Lot A, Block 1 of R.N.W. Addition, an addition to the City of Denton, Texas, recorded in Cabinet H, Page 338, Plat Records, Denton County, Texas (the “Property”). Consultation with the City’s attorneys regarding legal issues associated with the value of the Property and the pending litigation matter styled “The State of Texas v. City of Denton, a Municipal Corporation”, condemnation proceeding filed in the Probate Court of Denton County, Texas, Cause No. PR-2011-00827, where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and the Denton 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 the referenced pending litigation. (Williamson) 3. Discuss, deliberate and receive information from staff and provide staff with direction pertaining to the potential purchase of four separate tracts of land, located in the Gideon Walker Survey, Abstract Number 1330, Denton, County, Texas, and located generally north of Treatment Plant Road along the east side of the Mayhill Road right of way. Consultation with the City’s attorneys regarding legal issues associated with the potential acquisition of the real property described above, where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and the Denton 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 potential litigation. (England) D. Consultation with Attorneys – Under Texas Government Code, Section 552.071. 1.Consult with the City’s attorneys and provide them with direction concerning Texas Food Establishment Rules §229.170 involving Temporary Food establishments and the requirement of ceilings and outer openings of food preparation areas where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and the Denton 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 proceeding or potential litigation. 2.Consult with and provide direction to City’s attorneys regarding legal issues and strategies associated with Phase I and proposed Phase II Gas Well Ordinance regulation of gas well drilling and production within the City Limits and the extraterritorial jurisdiction, including Constitutional limitations, statutory limitations upon municipal regulatory authority, moratorium on drilling and production, and statutory preemption of municipal regulatory authority. City of Denton City Council Agenda February 7, 2012 Page 4 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 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: REGULAR MEETING 1. PLEDGE OF ALLEGIANCE A. U.S. Flag B. Texas Flag “Honor the Texas Flag – I pledge allegiance to thee, Texas, one state under God, one and indivisible.” 2. PROCLAMATIONS/PRESENTATIONS A.Proclamations/Awards 1.Denton Family Unity Week 2.National Apartment Careers Month 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. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A – I). 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 – I below will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. A.Consider adoption of an ordinance ordering an election to be held in the city of Denton, Texas, on May 12, 2012, and if a runoff election is required, on June 23, 2012, for the purpose of electing Council Members to Places 5 and 6 and electing a Mayor to Place 7 of the City Council of the City of Denton, Texas; prescribing City of Denton City Council Agenda February 7, 2012 Page 5 the time and manner of the conduct of the election to be in accordance with an agreement with the Elections Administrator of Denton County; prescribing the form of the ballot; providing for notice; providing for publication of notice of this election; providing a severability clause; providing an open meetings clause; and providing for an effective date. B.Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the City Manager to execute an Interlocal Cooperation Agreement between the City of Denton and Denton County for Ambulance Services; and declaring an effective date. C.Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the City Manager to execute an Interlocal Cooperation Agreement between the City of Denton and Denton County for Fire Protection Services; and declaring an effective date. D.Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute contracts through the Buy Board Cooperative Purchasing Network, Houston Galveston Area Council of Governments (H-GAC) and Texas Association of School Boards (TASB) for the acquisition of eleven vehicles, ten trucks, and two pieces of equipment for the City of Denton Utility Departments; and providing an effective date (File 4891–Purchase of Vehicles and Equipment for City of Denton Utility Departments awarded to numerous vendors for a total award of $2,582,948.96). The Public Utilities Board recommends approval (5-0). E.Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract through the Buy Board Cooperative Purchasing Network for the acquisition of Residential Refuse and Recycling Carts for the City of Denton Solid Waste Division; and providing an effective date (File 4845–Purchase of Refuse and Recycling Carts awarded to Rehrig Pacific Company in the amount of $791,322.72). The Public Utilities Board recommends approval (7-0). F.Consider adoption of an ordinance authorizing the City Manager to execute a three year Professional Services Agreement (PSA) with Coleman and Associates Land Surveying for Ground Surveying Services for the City of Denton Landfill, and providing for an effective date (File 4858–Ground Surveying Services for City of Denton Landfill awarded to Coleman and Associates Land Surveying in an amount not to exceed $350,000). The Public Utilities Board recommends approval (6-1). G.Consider adoption of an ordinance accepting bids and awarding a public works contract for the construction of Pedestrian Trails and Sidewalk Improvements at the City of Denton Quakertown Park; providing for the expenditure of funds therefor; and providing an effective date (Bid 4885–awarded to JDC Construction Company in the amount of $145,776). City of Denton City Council Agenda February 7, 2012 Page 6 H.Consider adoption of an ordinance accepting competitive proposals and awarding a contract for Virtual Desktop Infrastructure expansion for the City of Denton Technology Services Division; providing for the expenditure of funds therefor; and providing an effective date (RFP 4819–Contract for Virtual Desktop Infrastructure Expansion awarded to INX, LLC. in the amount of $786,271.61, inclusive of interest charges over the three year lease period). I.Consider adoption of an ordinance accepting competitive bids by way of an Interlocal Agreement with Tarrant County and awarding a contract for the purchase of gasoline and diesel fuel; providing for the expenditure of funds therefor; and providing an effective date (File 4492–Interlocal Agreement for Gasoline and Diesel Fuel with Tarrant County, contract awarded to Douglass Distributing Company, in the annual estimated amount of $5,300,000). 4. ITEMS FOR INDIVIDUAL CONSIDERATION A.Consider nominations/appointments to the City’s boards and commissions: 1. Denton County Housing Finance Corporation B. Consider adoption of an ordinance declaring a 120-day moratorium on the acceptance or processing of certain applications for permits to authorize oil and gas exploration and production activities and other mineral exploration and production activities (collectively, “mineral activities”) within the corporate limits of the City of Denton, Texas; directing the City staff to complete a comprehensive review of the City’s ordinance governing the mineral activities and procedures related thereto and to propose revisions thereto; providing for a method of repeal of this moratorium; providing a procedure for a variance from this moratorium; providing a cumulative clause; providing a severability clause; and providing an effective date. C. Consider adoption of an ordinance accepting competitive proposals and awarding a contract for tree trimming services for Denton Municipal Electric (DME); providing for the expenditure of funds therefor; and providing an effective date (RFP 4825–Electric Utility Line Tree Trimming Services awarded to ABC Professional Tree, Inc. in an amount not to exceed $2,000,000). The Public Utilities Board recommends approval (5-0). 5. CITIZEN REPORTS A. Review of procedures for addressing the City Council. B. Receive citizen reports from the following: nd 1. Bob Clifton regarding Senate Bill 1230 – 82 Legislature Regular Session. 6. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation City of Denton City Council Agenda February 7, 2012 Page 7 of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. C. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the ________day of ___________________, 2012 at ________o'clock (a.m.) (p.m.) __________________________________________ CITYSECRETARY NOTE: THECITYOFDENTONCITYCOUNCILCHAMBERSISACCESSIBLEIN ACCORDANCEWITHTHEAMERICANSWITHDISABILITIESACT.THECITYWILL PROVIDESIGNLANGUAGEINTERPRETERSFORTHEHEARINGIMPAIREDIF REQUESTEDATLEAST48HOURSINADVANCEOFTHESCHEDULEDMEETING. PLEASECALLTHECITYSECRETARY'SOFFICEAT349-8309ORUSE TELECOMMUNICATIONSDEVICESFORTHEDEAF(TDD)BYCALLING1-800-RELAY- TXSOTHATASIGNLANGUAGEINTERPRETERCANBESCHEDULEDTHROUGHTHE CITYSECRETARY’SOFFICE. AGENDA INFORMATION SHEET AGENDA DATE: February 7, 2012 DEPARTMENT: Fire ACM: Fred Greene SUBJECT Receive a report, hold a discussion and give staff direction regarding an Interlocal Cooperation Agreement between the City of Denton and Denton County for Ambulance Services. BACKGROUND The interlocal agreement for ambulance service between the City of Denton and Denton County began in 1980 and provides for emergency medical service to Denton County within the designated area (see map in agreement). Each year a new agreement and ordinance is presented to the Denton City Council for the next fiscal year approving the fee the County will pay to the City of Denton for service using a County-wide funding formula based on population served, number of ambulance calls in the County area and the rural square miles in the County. The population and mileage figures used are based on numbers obtained from the North Central Texas Council of Governments. This ongoing interlocal agreement is often delayed in th also includes review by the Denton County Fire Chiefs Association as well as approval by the Commissioners Court as part of their budget process. After the City of Denton signs the agreement, the County Commissioners take their official action. Even though the contract is approved after its starting date, the agreement still remains effective from October 1, 2011 with no reductions in revenues. $125,166.57 The total estimated fee of is the City of is based on the following estimated ratios: 1. A fixed readiness sum based on $0.5233 per capita for an estimated maximum amount of $62,896.77 . 2. A fixed sum of $243.9887 per ambulance run estimated to be 201 runs for an estimated $49,041.73 maximum amount of . This sum is based upon the number of runs made in the County areas for fiscal year 2010. 3. A fixed sum of $673.1845 per rural square mile and based on 19.65 rural miles in the $13,228.07 agreed operating territory for an estimated maximum amount of . Agenda Information Sheet February 7, 2012 Page 2 Denton County Ambulance Funding - 2008 to 2012 2008 2009 2010 2011 2012 READINESS- POPULATION: County Funding Formula Rate 0.6185 0.5400 0.6009 0.5511 0.5233 Readiness Funding to Denton $68,624.31 $69,257.33 $66,674.06 $61,694.04 $62,896.77 EMS AMBULANCE RUNS: Denton Runs to County 106 125 137 178 201 County Funding Formula Rate $305.09 $296.5328 $257.9365 $253.3125 $243.9887 Runs Funding to Denton $32,339.54 $37,066.61 $35,337.30 $45,089.63 $49,041.73 RURAL SQUARE MILES: 22.40 22.40 21.47 19.65 19.65 Rural Sq. Miles Funding Total $12,985.61 $14,474.89 $14,011.26 $13,108.17 $13,228.07 COUNTY FUNDING TO DENTON $113,949.47 $120,798.92 $116,022.62 $119,891.84 $125,166.57 ,; For the past three (3) years the funding trend has been positive. In addition to the amounts in Table 1, the City of Denton also bills the patient(s) the established fees as set by the City Council. The City Council has requested that Staff briefly discuss the ramifications of this Interlocal agreement with Denton County. Over the years, questions have been asked if the City of Denton actually subsidizes the provision of contracted ambulance services to the County using City taxes. The City Council has numerous times agreed that it is in the best interests of the City to continue to provide contracted services to the unincorporated areas within our EMS district. Table 2 shows the FY2010/2011 actual average response cost and average invoice billed for EMS transports. FY 2011/2011 City of Denton EMS Funding Average EMS Response Cost per Transport $1,621.84 Average Invoice per Transport $1,281.46 ,; Table 3 shows the Average recovery of EMS costs and the amount billed. As indicated, the City actually recovers more from County ambulance runs than normal City EMS runs due to the contracted amount. The total received on average from County ambulance responses is the sum of the contracted amount plus the average recovery per transport. FY 2011/2011 City of Denton EMS $ Recovery Average Invoice per Transport ,; $1,281.46 Average $ Recovery per Transport $414.84 Average $ Recovery from Medicare $311.76 County Contract per Transport $658.83 Total Average $ Recovery from County $1,073.67 ,; Agenda Information Sheet February 7, 2012 Page 3 OPTIONS Approve ordinance amendment or deny ordinance amendment. RECOMMENDATION Staff recommends that the City continue to provide contracted ambulance services to the However, contract discussions should be held prior to the budget with the County to determine fair and reasonable charges for these emergency services. More input from the City of Denton to Denton County is essential in the continuation of contracted services. Not renewing these contracts would result in a net loss of revenues to the City. Staff believes that the City of Denton will eventually annex most if not all of these areas so providing ambulance services to these areas will eventually become a City responsibility anyway. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Staff presented a review of ongoing costs to deliver fire services to the County in its budget process for FY2011/2012. Currently, there are no negotiations between the City and County on amount. The previous County Ambulance funding contract was approved by the City Council on January 4, 2011. FISCAL INFORMATION The estimated ambulance fee for 2011/2012 from the County is $125,166.57 which is a 4.4% increase from the last contract amount of $119,891.84 for fiscal year 2010/2011. EXHIBITS Ordinance Agreement Respectfully submitted: Fred Greene Assistant City Manager Prepared by: ____________________ Ross Chadwick Fire Chief AGENDA INFORMATION SHEET AGENDA DATE: February 7, 2012 DEPARTMENT: Fire ACM: Fred Greene SUBJECT Receive a report, hold a discussion and give staff direction regarding an Interlocal Cooperation Agreement between the City of Denton and Denton County for Fire Protection Services. BACKGROUND The Interlocal Agreement for fire service between the City of Denton and Denton County provides fire protection services by the Denton Fire Department to the County areas previously served by the Mayhill-Cooper Creek Volunteer Fire Department and a small portion of the Lake Cities Fire District now adjacent to the newly annexed City property in the southwest portion of Teasely (FM 2181). In 2003, Denton County requested that the City of Denton provide fire protection to the designated area due to Mayhill- a proper response to fire calls. The County also requested in 2004 that the City respond to a small area next to Guyer high school on FM 2181 an response time to the area was much quicker than Lake Cities Fire Department. This ongoing Interlocal Ag which also includes review by the Denton County Fire Chiefs Association as well as approval by the Commissioners Court as part of their budget process. After the City of Denton signs the agreement, the County Commissioners take their official action.Even though the contract is usually approved after its starting date, the agreement still remains effective from October 1, 2011 with no reductions in revenues. appropriation to pay for fire protection in the unincorporated County area each year and divides that amount by an estimated number of fire calls to arrive at a per fire reimbursement. Table 1 shows the five-year history of fire funding. 5;· /Ò·ä Cz©; t©·;-·z CÒ7zm · /Ò·ä CÒ7zm Å Å r u Å Å Å t;© Cz©; / Å u ¦;© - Å u ¦;© - Å u ¦;© - Å u ¦;© - Å u ¦;© - 5;· Cz©; / Cz©; / CÒ7zm Å r u Å Å Å Å r u · 5;· Å r u Å Å r u Å r u Å r u Cz©; CÒ7zm ,; Agenda Information Sheet February 7, 2012 Page 2 For the past three (3) years the funding trend for the provision of contracted fire protection services in the County has been positive. The City Council has requested that staff briefly discuss the ramifications of this Interlocal Agreement with Denton County. Over the years, questions have been asked if the City of Denton actually subsidizes the provision of contracted fire protection services to the County using City taxes. The City Council has numerous times agreed that it is in the best interests of the City to continue to provide contracted services to the unincorporated areas within our County Fire Protection District. The cost to provide fire protection is much higher than the contracted amount. However, due to the unincorporated areas of the city without fire protection or covered by a volunteer fire agency. Therefore, the City Council has always accepted the fact that it is better to receive some revenues from the County. In addition, a full fire protection response by the City provides a higher degree of safety for City firefighters. OPTIONS Approve proposed ordinance or deny proposed ordinance. RECOMMENDATION Staff recommends that the City continue to provide contracted fire protection services to the unincorporated areas in the cCounty Fire district as established by the County. However, contract discussions should be held prior to the budget with the County to determine fair and reasonable charges for these emergency fire services since full cost recovery should be the ultimate goal. More input from the City of Denton to Denton County is essential in the continuation of contracted services. Not renewing these contracts would result in a net loss of revenues to the City. Staff believes that the City of Denton will eventually annex most if not all of these areas so providing fire protection services to these areas will eventually become a City responsibility anyway. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Staff presented a review of ongoing costs to deliver fire services to the County in its budget process for FY2011/2012. Currently, there are no negotiations between the City and County on amount. The previous County fire protection contract was approved by the City Council on January 4, 2011. FISCAL INFORMATION Denton County will pay the City $10,000 upon execution of the proposed agreement and reimburse the City for each fire call at the rate of $450.00 per fire call which is the same dollar amount per call reimbursement used in the 2010/2011 agreement. The annual estimate for the reimbursement of fire calls in 2011/2012 is $13,500.00 based on an estimated 30 fire calls in the unincorporated County area. The total Fire Protection contract with the County is estimated to be $23,500.00 which is a 4.0% in22,600.00 contracted amount. Agenda Information Sheet February 7, 2012 Page 3 EXHIBITS Ordinance Agreement Respectfully submitted: Fred Greene Assistant City Manager Prepared by: ______________________ Ross Chadwick Fire Chief AGENDA INFORMATION SHEET AGENDA DATE : February 7, 2012 DEPARTMENT : Utilities Administration ACM: Howard Martin, 349-8232 SUBJECT Receive an update, hold a discussion, and give staff direction concerning the final draft of the Phase II Sustainability Plan. BACKGROUND One of the projects outlined in the City of Denton’s Energy Efficiency and Conservation Block Grant (EECBG) was completion of "Phase II" of the City of Denton's Sustainability Plan. During the early phases of the EECBG, Denton’s required Energy Efficiency and Conservation Strategy (EECS) included the development of “Phase I” of Denton's Sustainability Plan. Phase I included an evaluation of existing environmental activities, established a baseline for Denton, created comparison criteria for green initiatives/sustainability efforts, benchmarked Denton against these criteria by categories, and provided a technical report summarizing study results. Phase II of the Denton Sustainability Initiative included prioritizing the baseline evaluation components of Phase I, establishing a community partners group; developing goals and strategies via a series of staff and public meetings; identifying funding, resources, and staffing needs; developing methods for tracking and progress reporting, and implementation. The overall goal is to create a comprehensive sustainability plan for Denton that includes municipal operations, community / citizens, and the commercial / industrial sectors of the community. It is also important to note that the City of Denton Strategic Plan includes sustainability elements throughout, and the Sustainability Plan is the ideal tool for ensuring these elements are included in the planning and operations of Denton. Citizen involvement was a crucial component of Sustainability Plan development. Two community meetings and a survey were used to solicit input and suggestions for the Plan. The community meetings were held in April 2011, and had over 80 attendees. The citizen survey was provided in both printed and online versions, and over 200 responses were received. Responses from meetings, surveys, and various stakeholder groups resulted in a list of over 500 sustainability strategies. An initial screening process was used to consolidate strategies that were suggested by multiple citizens, that did not fall under the direct control of the City, or that were already underway but needed additional community education. A Community Partners Committee, comprised of community representatives, was formed to help consolidate and prioritize strategies, and an Interdepartmental Team comprised of City staff helped provide additional input on strategies. Staff has worked closely with the project consultant Camp, Dresser, and McKee (CDM), the Community Partners Committee, and the City Council Committee on the Environment to create a prioritization framework for the suggested strategies. The input of the Community Partners and the Committee on the Environment has been crucial to keeping the planning process moving forward and bringing us to the point of having a draft plan to present for Council review. Each Focus Area in the Plan has successes to date, specific strategies and implementation actions, and additional strategies for future consideration.The Plan is designed to provide flexibility to respond to changes and opportunities as they arise, and to be able to demonstrate progress over time through a tracking tool and reporting methodology. The tracking tool and reporting methodology is currently under design, and will be brought forward to council for consideration in the near future. Ms. Amelia Ravin, Ms. Melissa Peters and Ms. Glennis Nelson of Camp, Dresser, and McKee (CDM) will update the City Council and present an overview of the plan, Simply Sustainable: A Strategic Plan for Denton’s Future. PRIOR ACTION/REVIEW (Council, Boards, Commissions) February 2, 2009: Committee on the Environment (Individual Item concerning Community Sustainability Initiatives). February 18, 2009: Committee on the Environment (Individual item concerning Community Sustainability initiatives) September 17, 2009: Committee on the Environment (as a part of Assistant City Manager “ACM” grant update) November 2, 2009: Committee on the Environment (ACM update). December 9, 2009: Presentation of ranking strategy methodology to the Committee on the Environment. January 13, 2010: Presentation of final ranking strategy to the Committee on the Environment. January 15, 2010: Staff report to City Council outlining Committee on the Environment Recommendation and staff’s intent to submit recommended projects. April 5, 2010: Staff report to City Council concerning the notice of approval from the Department of Energy of the City of Denton’s Energy Efficiency and Conservation Block Grant (EECBG) awarded to the City of Denton. April 6, 2010: Presentation of an ordinance of the City of Denton Texas authorizing the City Manager or his designee(s) to administer all expenditures of the EECBG. August 2, 2010: Staff provided an update of grant progress and challenges to the Committee on the Environment September 13, 2010 Staff provided an ACM update announcing selection of CDM as the consultant selected for the Phase II Sustainability Planning project. November 1, 2010: Staff provided an analysis of the current status of EECBG projects, and recommended cancellation of the anaerobic digester project and reallocation of funding among other projects. The recommendation was approved by the Committee on the Environment and was provided to the City Council in the reading file for this week. November 16, 2010: Ordinance adopted for Professional Services Agreement with CDM for preparation of a sustainability plan and implementation strategy for the City of Denton. January 14, 2011: Kick-off - Interdepartmental Team February 7, 2011: CDM Presentation to Committee on Environment April 5, 2011: CDM Presentation to City Council Work Session April 6 & 7, 2011: Community Meetings were held at the Civic Center to engage the public in the process. More than 80 citizens attended the two meetings and provided feedback. April 7, 2011: Kick-off - Community Partners Committee March-April 2011: Online and Paper Surveys accepted May 17, 2011: COE ACM Update with meeting notes from Partners and Interdepartmental Team Meetings June 14, 2011: Community Partners Meeting #2, Interdepartmental Team Meeting #2 August 1, 2011: COE ACM Update with meeting notes from Partners and Interdepartmental Team Meetings September 14, 2011: Community Partners Meeting #3 October 3, 2011: CDM Presentation to Committee on Environment November 10, 2011: Community Partners Meeting # 4 November 11, 2011: CDM Presentation to Committee on Environment December 13, 2011: CDM Presentation to the City Council RECOMMENDATIONS 1. Staff recommends adoption of Simply Sustainable: A Strategic Plan for Denton’s Future EXHIBITS 1.Simply Sustainable: A Strategic Plan for Denton’s Future Respectfully prepared and submitted by, Katherine Barnett Sustainability and Special Projects Administrator AGENDA INFORMATION SHEET AGENDA DATE: February 7, 2012 DEPARTMENT: Utility Administration ACM: Howard Martin, Utilities, 349-8232 ______________________________________________________________________________ SUBJECT Receive a report, hold a discussion and give staff direction on Denton's Water Conservation and Drought Contingency Plan (last updated in 2009). BACKGROUND The previous fiscal year (October 1, 2010 to September 30, 2011) has exceeded all previous years in Texas as the hottest and driest 12 month period for the state as a whole. Although the Dallas – Fort Worth area received a near normal amount of rainfall during the first half of this time period, high summer water demands took their toll on area reservoirs (Exhibit 1). In addition, some water utilities (North Texas Municipal Water District, the City of Irving and the Upper Trinity Regional Water District) that were dependent upon Lake Chapman in East Texas for some or all of their water supply found this lake in a severe state of depletion by the end of summer. Recent long range weather forecasts are also not encouraging and many water utilities are taking steps to accelerate their drought management plan actions to help reduce water demands and extend supplies. The City of Denton adopted its original Water Conservation and Drought Contingency Plan on December 7th, 1999. The plan was developed according to criteria established by the Texas Natural Resources Conservation Commission (now called Texas Commission on Environmental Quality (TCEQ)) and established drought management measures that were designed to match Dallas Water Utilities Drought Management Plan. This alignment with the Dallas Water Utilities plan was important for several reasons, including the following: 1.Denton’s two water supply reservoirs (Lake Lewisville and Lake Ray Roberts) are also major water supply sources for Dallas Water Utilities. 2.Dallas Water Utilities has four other water supply sources (Lakes Grapevine, Ray Hubbard, Tawakoni, and Fork) currently connected to their water supply system with plans to connect a seventh water supply source (Lake Palestine) in the near future. 3.Dallas Water Utilities serves approximately 2.4 million people with approximately 40% of them living in 22 cities that are a part of their wholesale treated water supply customer base. 4.Dallas Water Utilities uses approximately 20 times the amount of water used by the City of Denton. 5.Denton’s water conservation efforts would have minimal impact to preserving water supplies within Lake Lewisville and Lake Ray Roberts if similar efforts were not being made by Dallas Water Utilities and their wholesale customer base. This customer base also includes the Upper Trinity Regional Water District and the City of Lewisville that both pull water from Lake Lewisville into their water treatment plants using untreated water supply contracts with Dallas Water Utilities. 6.Although Denton’s current water use can be met by their existing water rights from Lake Lewisville and Lake Ray Roberts, our long range water supply plan under the Region C and State of Texas Water Plan depends upon additional water supply purchases from Dallas Water Utilities in the near future. 7.Denton currently has a 30 year untreated water supply contract with Dallas Water Utilities that will expire in 2015. The terms of this contract requires that the City of Denton implement “like measures” to conserve water during a drought period. The Plan was updated in 2005 in response to the passage of HB 2660, requiring quantified 5-year and 10-year water savings targets in the Conservation Plan. The 2005 Conservation Plan update set a goal of one percent annual reductions in per-capita usage. Denton’s existing Conservation Plan already outlined several conservation practices, including a residential conservation rate structure, waterline replacement program, public awareness and xeriscape programs, an annual internal water audit, and reuse programs meant to meet this goal. After the 2005 Conservation Plan update, staff proposed a water waste ordinance, as an additional conservation measure. The Lawn and Landscape Irrigation and Water Waste Ordinance were subsequently implemented in an accelerated fashion during the drought of 2006. In 2008, DWU also implemented seasonal commercial irrigation pricing as a way to curb summer peak usage, which can be partially attributed to commercial irrigation practices. Since the 2005 Drought Contingency and Water Conservation Plan update was largely focused on expanding on the Water Conservation Plan, there were only minor revisions made to the city’s Drought Management Plan. Dallas Water Utilities was also updating their plans to comply with HB 2660 but staff was only able to see the draft version of their plan shortly before we had to make our recommendations to the PUB and City Council to comply with the deadlines outlined HB 2660. Staff did identify one change to the 2005 Dallas Water Utilities Drought Management Plan (a shift in Stage 2 and Stage 3 from once every 5 day watering schedules to twice a week water schedules). The primary driver behind this change was even though the 5 day watering schedule made sense from a reduced watering frequency perspective, it was more difficult to communicate to customers and more difficult for automatic sprinkler system controllers to be programmed that way compared to a twice a week watering schedule. Based upon input from the PUB, this change was made to the Denton 2005 Drought Management Plan. However, Dallas Water Utilities also made two additional changes to their plan that were not noticed by staff and included in the 2005 Denton plan update. In the previous plans, under Stage 2, twice a week watering was mandatory for city operations but was voluntary for all retail water customers. Under Stage 3 restrictions, twice a week watering was required for both city and all other retail water customers. Under the 2005 Dallas Water Utilities Drought Plan, twice a week all retail water customers watering restrictions were mandatory for . In addition, under the only using hand 2005 Dallas plan, Stage 3 restrictions still allowed twice a week watering but held hoses. Watering with automatic irrigation systems and hose end sprinklers was prohibited. Staff saw the twice a week watering restrictions for Stages 2 and 3 in the Dallas Plan (same as their previous plan) but failed to recognize these two significant changes discussed above, due in large part to a lack of coordination or communication from Dallas Water Utilities to their wholesale customer cities of these significant changes. Following the 2006 drought in Texas, legislative changes in 2007 required the following: Legislative changes to Water Conservation and Drought Contingency Plans New Submittal Dates for 5 year plan updates. Effective January 1, 2008 Title 30 Chapter 288 of the Texas Administrative Code (TAC) entitled Water Conservation Plans, Drought Contingency Plans, Guidelines and Requirements requires the holder of an appropriation of surface water in the amount of 1,000 acre feet a year or more for industrial, municipal, and other non-irrigation uses develop, submit a water conservation plan meeting the requirements of Subchapter A of Chapter 288 to the executive director of the Texas Commission on Environmental Quality and to the Texas Water Development Board no later than May 1, 2009 to coincide with the regional planning group process. In addition, retail public water suppliers providing water service to 3,300 or more connections must also submit a drought contingency plan to the executive director of TCEQ by the same date. Yearly Water Conservation Implementation Report Also effective January 1, 2008 Title 30 Chapter 288 of the Texas Administrative Code requires the holder of an appropriation of surface water in the amount of 1,000 acre feet a year or more to submit a yearly implementation report listing conservation methods used and dates implemented, data about whether conservation targets are being met and explanations of failure to meet targets, and the actual amount of water saved. The first implementation report is due with the May 1, 2009 update to our Conservation Plan. These legislative changes were again focused on requiring water utilities to “ramp up” their water conservation efforts and staff revised the Water Conservation portion of our plan to comply with these new legislative requirements. Unfortunately, there was no real focus on the Drought Management side of the plan and staff was not aware of changes made in the 2005 Dallas Water Utilities Drought Management Plan. Staff obtained approval from the PUB and City Council in the spring of 2009 and submitted the revised adopted plans to the TCEQ. To complicate things further, Dallas Water Utilities elected to delay their update to their plan until 2010 (the original schedule for the 5 year update prior to the new legislation) and petitioned the TCEQ to approve this request since they had planned on having a consultant assist them with this overhaul of their Water Conservation and Drought Contingency Plans. This time, Dallas Water Utilities invited their wholesale water customers to a briefing on their proposed changes to their 2010 update to their Water Conservation and Drought Contingency Plans prior to their formal adoption, but it was one year after all of their customers had turned in their updated plans to the TCEQ. It was at this time staff became aware of the 2005 Drought Contingency Plan changes Dallas had made as well as proposed changes they were including in their 2010 plan update. Under the 2010 Dallas Water Utilities Drought Contingency Plan, Stage 1 watering voluntarymandatory restrictions went from twice a week as a measure to a restriction for all twiceonce retail water customers. Stage 2 went from a mandatory a week to a a week watering twice schedule. Stage 3 went from a a week watering schedule using hand held hoses only to once a week using hand held hoses only. All of the Dallas and Denton plans from 1999 to the present have all been consistent in prohibiting outside water use. When staff became aware of this significant disconnect between the 2009 Denton and the 2010 Dallas Drought Management Plans, we elected to monitor if drought plan activation was a likely occurrence prior to the next 5 year plan update required in 2014. Until the past six months, this was not projected to occur in the foreseeable future but multiple events have dramatically changed this situation including: 1.The record dry and hot summer weather of 2011. 2.The water supply and management problems related to the North Texas Municipal Water District (NTMWD). 3.Although the NTMWD situation closely mirrors their circumstances near the end of 2006 (another record dry year), it has been further complicated due to the zebra mussel infestation on Lake Texoma that has restricted their access to this water supply that represents 28% of their total water supply system. 4.Lake Chapman in East Texas has been over drafted by NTMWD as a result of these circumstances but has also been over drafted by the City of Irving and the Upper Trinity Regional Water District (UTRWD) for other reasons. 5.The depletion of Lake Chapman due to limited inflows and over drafting has resulted in increased water supply demand pressures on the Dallas Water Utilities western reservoir system (Lakes Lewisville, Ray Roberts and Grapevine) from the City of Irving and the UTRWD that have supply contracts with Dallas Water Utilities. 6.Dallas Water Utilities is also receiving pressures from NTMWD to supply temporary emergency water supplies to alleviate their near desperate water supply situation. These pressures are both local political pressures as well as potential pressures from the TCEQ to reallocate water’s of the state under an emergency condition. 7.The spring and summer floods of 2007 that ended the NTMWD water supply problem from the 2006 Drought are extremely unlikely to occur based upon current long range weather forecasts currently available. As a result of these factors, Dallas Water Utilities has announced they will implement Stage 1 of their Drought Management Plan December 12, 2010 (Exhibit 3), approximately 4-6 months ahead of their earlier forecast that was based upon their existing drought plan trigger conditions. It has also been discussed that if Dallas does enter into a temporary emergency water supply contract to assist NTMWD, they would likely activate Stage 2 of their plan as early as February and Stage 3 prior to summer. Due to these recent and dramatic changes, staff is recommending that we make adjustments to the current 2009 Drought Management Plan to realign our water restrictions in various stages of the plan to more closely match the 2010 Dallas Drought Management Plan. Since these changes are significant, staff is looking for guidance and direction from the PUB on this proposal. In addition, staff will provide a more detailed briefing on the emerging drought situation in North Texas. OPTIONS 1.Approve proposed revision to the Drought Management Plan and implement Stage 1 of the Plan in mid February to early March. 2.Modify proposed revisions to the Drought Management Plan. 3.Reject proposed revision to the Drought Management Plan. RECOMMENDATION Staff recommends Option 1 approving the proposed revision to the Drought Management Plan to align Denton’s Drought Management Plan to the current Dallas 2010 Drought Management Plan. Staff also recommends implementation of Stage 1 of the Drought Management Plan shortly after the Denton City Council approves revision to the plan. PRIOR ACTION/REVIEW (Council, Boards, Commissions) December 12, 2011 - PUB Briefing on current drought conditions and proposed revisions to the Denton Drought Management Plan January 10, 2012 - City Council Briefing January 23, 2012 – Public Utilities Board DATE SCHEDULED FOR COUNCIL APPROVAL February 21, 2012 EXHIBITS 1.Presentation on Drought Conditions and Drought Management Plan. 2.2009 Drought Contingency Plan redlined to match 2010 Dallas Water Utilities Plan. 3.Dallas Water Utilities Stage 1 Drought Plan Activation Notice November 11, 2011. 4.Dallas Water Utilities Letter to Denton City Manager Requesting Implementation of Stage 1, December 5, 2011. Respectfully submitted: Tim Fisher Assistant Director, Water Utilities EXHIBIT2 WaterConservationandDroughtContingencyPlanCityofDenton CITYOFDENTON WaterConservationandDroughtContingencyPlan April2009,updatedFebruary2011 6.6DroughtandEmergencyResponseStages 6.6.1Stage1,Mild 6.6.1.1TriggeringAndTerminationConditionsForStage1,Mild 6.6.1.1.1 TypeA WaterManagementCondition Totalrawwatersupplyin(1)DentonandDallasconnectedlakes(eastandwest);or(2)westernconnectedlakes; or(3)easternconnectedlakesdropsbelow65%ofthetotalconservationstorageofthelakes 6.6.1.1.2 TypeB WaterManagementCondition Waterdemandreachesorexceeds85%ofdeliverycapacityfor4consecutivedays 6.6.1.1.3 TypeC WaterManagementCondition Waterdemandapproachesareduceddeliverycapacityforallorpartofthesystem,asdeterminedbyDWU RequirementsforTermination: Stage1maybeterminatedwhenStage1conditionsnolongerexistandwouldbeunlikelytorecurupon termination. 6.6.1.2GoalForUseReductionsAndActionsAvailableUnderStage1,Mild ThegoalforwaterusereductionunderStage1,Mild,isa5percentreductionoftheusethatwouldhave occurredintheabsenceofdroughtcontingencymeasures.ThepurposeofactionsunderStage1istoraise publicawarenessofpotentialdroughtproblems.TheDirectorofWaterUtilitiesoradesigneecanorderthe implementationofanyoftheactionslistedbelow,orotheractionsnotlisted,asdeemednecessary: VoluntaryWaterUseRestrictionsforReducingDemand: Comment [JN1]: Redundantfromabove Followingisamenuofpossibleactions.TheDirectorofWaterUtilitieswilldeterminespecificactionstaken duringanydroughtsituation.TheDirectormayalsotakeotheractionsnotlisted,ifdeemednecessary. Stage11 WaterConservationandDroughtContingencyPlanCityofDenton AllWaterUsers (a)Requirethatalllandscapewateringbelimitedtothedayofweekschedulebetweenthehoursof6:00 Comment [JN2]: Previouslyvoluntaryreduction, nowmandatory2daysaweek PMto10:00AMandnotviolatetherestrictionsagainstirrigationwasteinSections1Band1Cofthe Formatted: Highlight WaterWasteOrdinanceinAppendixG.Irrigationoflandscapedareaswithhoseendsprinklers, automaticirrigationsystems,soakerhoses,dripirrigationsystems,handheldhosesandfaucetfilled Formatted: Highlight bucketsshouldbelimitedtoSundaysandThursdaysforcustomerswithastreetaddressendinginan evennumber(0,2,4,6or8)andforlocationswithoutaddressesandlimitedtoSaturdaysand Wednesdaysforwatercustomerswithastreetaddressendinginanoddnumber(1,3,5,7or9). Apartments,officebuildingcomplexesorotherpropertycontainingmultipleaddressesmaybe identifiedbythelowestaddressnumber. (a)(b)Encouragereductioninfrequencyofwateringnewandfirstyearlandscapingandfoundations. (b)(c)Encourageonlyinitialfillingofornamentalfountains. (c)(d)Encouragereductioninfrequencyofwashingorrinsingofvehiclesandrecommenduseof bucket/container,handheldhosewithpositiveshutoffvalveorcommercialcarwash. (d)(e)Encouragereductioninfrequencyindrainingandrefillingofswimmingpools. (f)Encouragereductioninfrequencyofrecreationalwateruseincludinguseoffaucets,hosesorhydrants. (e)(g)Foundationsmaybewateredonanydayoftheweekbetweenthehoursof6:00PMand10:00 AM.Foundationsmaybewateredwithasoakerhoseorahandheldhoseequippedwithapositive shutoffnozzleonly. CityGovernment (a)StaffwillbeginreviewoftheproblemsinitiatingStage1actionsandwillidentifypossiblesolutionsto addressthewatershortage. (a)(b)Initiatepubliceducationcampaignteachingandencouragingreducedwaterusepractices. (b)(c)Intensifynormalleakdetectionandrepairactivitiesonwaterpipesandmains. (c)(d)Encouragereductionofwateruseincityownedornamentalfountains. (d)(e)Encouragereductioninlandscapeusesforparksandgolfcourses. Formatted: Highlight (e)StaffwillbeginreviewoftheproblemsinitiatingStage1actionsandwillidentifypossiblesolutionsto addressthewatershortage. (f)Onlyflushnewlyconstructedmainsandmainsthatareessentialforwaterqualitymaintenance. Stage12 WaterConservationandDroughtContingencyPlanCityofDenton CommercialCustomers (a)Identifyandencouragevoluntaryreductionmeasuresbyhighvolumewaterusersthroughwateruse audits. (b)Encouragereductioninlandscapeusesforparksandgolfcourses. Formatted: Highlight (c)Encouragereductioninwateruseforlandscapenurserystock. Formatted: Highlight (d)Requiredayofweeklandscapewateringscheduleforgolfcourses. Comment [JN3]: Previouslyvoluntary,now sameasothercustomers (e)Encouragearearestaurantstoservecustomerswaterbyrequestonly. Formatted: Font: 11 pt, Highlight (c)(f)Encouragehotel/motelstorequestmultipledaypatronstoreuselinensinsteadofchanging everyday. InterruptibleCustomers (a)Reduceusageforinterruptiblecustomerspercontractterms. WholesaleCustomerCities (a)Encourageimplementationoflikeproceduresbywholesalecustomers. Notifications CityofDenton NotifymajorCitydepartments,bytelephoneandfollowupmemo,ofWaterAwarenessStage#1and requestvoluntarywaterusereduction. Stressvoluntaryeliminationofnonessentialuses. ExternalCustomers Issuepressrelease,radioandvideopublicserviceannouncementtoareamediadescribingWater AwarenessStage#1andthevoluntaryrestrictionsthatapply. DistributewaterconservationmaterialstoDentonIndependentSchoolDistrict,UNT,TWUand communitygroupsifappropriate PostWaterAwarenessnoticesatpublicbuildingsincludingcitybuildings,countybuildingsandthe federalpostoffice. Encouragereductionofwaterusethroughthepublicationofthevoluntarylandscapewateringschedule andrequestwateringonlyduringoffpeakhours. Stage13 WaterConservationandDroughtContingencyPlanCityofDenton WholesaleCustomers Advisewholesalecustomersbytelephoneandfollowupmemo,ofWaterAwarenessStage#1and requestvoluntarywaterusereductionconsistentwithactionstakenbytheCityofDenton. Penalties Comment [JN4]: Currentplanonlyenforces penaltiesinStages3+4percode26.234whileDallas planenforcespenaltiesinallstages. Nopenaltiesenforcedatthistime. Penaltiesarediscussedinsection6.7. InitiatefeesandfinesasspecifiedbelowforanyviolationoftheDroughtContingencyPlan. Thewaterwasteordinanceonlyenforcespenalties rd forthe3offenseandafter.Wecouldenforce nd penaltiesforthe2offenseandafter.Wecould alsomakeanoffenseofthewaterwasteordinance countasanoffenseofthedroughtplanandvice versa Stage14 WaterConservationandDroughtContingencyPlanCityofDenton 6.6.2Stage2,Moderate 6.6.2.1TriggeringConditionsForStage2,Moderate 6.6.2.1.1 TypeA WaterManagementCondition Totalrawwatersupplyin(1)DentonandDallasconnectedlakes(eastandwest);or(2)westernconnectedlakes; or(3)easternconnectedlakesdropsbelow55%ofthetotalconservationstorage 6.6.2.1.2 TypeB WaterManagementCondition Waterdemandreachesorexceeds90%ofdeliverycapacityfor3consecutivedays 6.6.2.1.3 TypeC WaterManagementCondition Waterdemandequalsareduceddeliverycapacityforallorpartofthesystem,asdeterminedbyDWU RequirementsforTermination: Stage2maybeterminatedwhenStage2conditionsnolongerexistandwouldbeunlikelytorecurupon termination. 6.6.2.2GoalForUseReductionAndActionsAvailableUnderStage2,Moderate ThegoalforwaterusereductionunderStage2,Moderate,isa1510percentreductionoftheusethatwould haveoccurredintheabsenceofdroughtcontingencymeasures.TheDirectorofWaterUtilitiesorhis/hera designeecanordertheimplementationofanyoftheactionslistedbelow,orotheractionsnotlisted,asdeemed necessary: WaterUseRestrictionsforDemandReduction: Comment [JN5]: Redundantfromabove Followingisamenuofpossibleactions.TheDirectorofDWUwilldeterminespecificactionstakenduringany droughtsituation.TheDirectormayalsotakeotheractionsnotlisted,ifdeemednecessary. AllWaterUsers (a)RequireRequestthatalllandscapewateringbelimitedtothedayofweekdayofweekschedule Comment [JN6]: Previouslyvoluntary2daysa week,nowmandatory1dayaweek betweenthehoursof6:00PMto10:00AMandnotviolatetherestrictionsagainstirrigationwastein Formatted: Font: 11 pt, Highlight Sections1Band1CoftheWaterWasteOrdinanceinAppendixG.Irrigationoflandscapedareaswith hoseendsprinklersorautomaticirrigationsystemsshouldbelimitedtoSundaysandThursdaysfor customerswithastreetaddressendinginanevennumber(0,2,4,6or8)andforlocationswithout addresses,andSaturdaysandWednesdaysforwatercustomerswithastreetaddressendinginanodd Stage25 WaterConservationandDroughtContingencyPlanCityofDenton number(1,3,5,7or9).Apartments,officebuildingcomplexesorotherpropertycontainingmultiple addressesmaybeidentifiedbythelowestaddressnumber.Irrigationoflandscapedareasispermitted atanytimeifitisbymeansofahandheldhose,afaucetfilledbucketordripirrigationsystem. (b)Restrictoperationofornamentalfountainsorpondstoinitialfillingexceptwherenecessarytosupport aquaticlifeorwheresuchfountainsorpondsareequippedwitharecirculationsystem. (a)Requestthatrecreationalwateruseincludinguseoffaucets,hosesorhydrants,whichusewaterinsuch amannerastoallowrunofforotherwastesbelimitedtothedayofweekwateringschedule. (b)(c)Restrictwashingofanymotorvehicle,motorbike,boat,trailer,airplaneorothervehicletothe useofahandheldbucketorahandheldhoseequippedwithapositiveshutoffnozzleforquickrinses. Vehiclewashingmaybedoneatanytimeontheimmediatepremisesofacommercialcarwashor commercialservicestation.Further,suchwashingmaybeexemptedfromtheseregulationsifthe health,safety,andwelfareofthepubliciscontingentuponfrequentvehiclecleansing,suchasgarbage trucksandvehiclesusedtotransportfoodandperishables.Requestthatwashingofanymotorvehicle, bike,trailer,boatorairplanebelimitedtothedayofweekwateringschedule. (c)Requestthatirrigationofgolfcoursegreens,tees,andfairwaysbelimitedtothedayofweekschedule. Comment [JN7]: Addressedbelow (d)Requestthatuseofwatertofill,refill,oraddtoanyindoororoutdoorswimming,wading,orjacuzzi poolsbelimitedtothedayofweekdayofweekschedule. (e)Prohibitrecreationalwateruseincludinguseoffaucets,hosesorhydrants,whichusewaterinsucha mannerastoallowrunofforotherwastes. (d)(f)Prohibithosingoffpavedareas,buildings,windowsorothersurfaces. Comment [JN8]: Foundationwateringabsentin Stage2:anydayofweekin1;onwateringdayin3 CityGovernment (a)StaffwillbeginreviewoftheproblemsinitiatingStage2actionsandwillidentifypossiblesolutionsto addressthewatershortage. (b)Acceleratepubliceducationcampaignteachingandencouragingreducedwaterusepractices. (b)(c)Increaseenforcementefforts. Formatted: Font: 11 pt, Highlight (c)(d)Restrictflushingofnewmainsnotimmediatelyrequiredtoprovideservice. Formatted: Highlight (d)(e)Continueintensifiedleakdetectionandrepairactivitiesonwaterpipesandmains. Comment [JN9]: Nocitygolfcourses.Notsure whythisisdifferentfrom(f)above,butDallashas (e)(f)Prohibitoperationofornamentalfountainsbycitygovernmentexceptwherenecessaryto both Formatted: Font: 11 pt, Highlight supportaquaticlifeorwheresuchfountainsorpondsareequippedwitharecirculationsystem. Formatted: Highlight (f)Citygovernmentrestrictedtodayofweekwateringscheduleexceptforparksandgolfcourses. Formatted: Font: 11 pt, Highlight (g)EncourageRequiredayofweekdayofweekwateringscheduleforparksandgolfcourses. Formatted: Highlight Stage26 WaterConservationandDroughtContingencyPlanCityofDenton (h)Increaseenforcementefforts. (i)Washingofanycityvehicle,bike,ortrailer,limitedtothedayofweekwateringschedule.Prohibit excessivewaterrunofffromanylandscapedareaontostreets,alleys,orparkinglots.Runoffis excessivewhenitgoesten(10)feetbeyondthepropertyline. (i)Restrictflushingofnewmainsnotimmediatelyrequiredtoprovideservice. (j)Useofwaterfromfirehydrantslimitedtofirefightingandessentialdistributionsystemmaintenance. (k)Restricttheflushingoffirehydrants,blowoffsandserviceconnectionsfornewmainconstructionby Formatted: Font: 11 pt, Highlight specialpermitonly. (k)(l)Restrictflushingofnewmainsnotimmediatelyrequiredtoprovideservice.Washingofanycity vehicle,bike,ortrailerlimitedtothedayofweekwateringschedule. (l)(m)Prohibithosingoffpavedareas,buildings,windowsorothersurfaces. CommercialCustomers andencouragevoluntaryreductionmeasuresbyhighvolumewaterusers. Identify (a)Requiredayofweekwateringscheduleforparks.Encouragefurtherreductioninlandscapeusesfor Comment [JN10]: Previouslyvoluntary,now sameasothercustomers parksandgolfcourses. (b)Encouragefurtherreductioninlandscapeusesfornurserystock. (b)(c)Requiredayofweeklandscapewateringscheduleforgolfcourses. Comment [JN11]: Previouslyvoluntary,now sameasothercustomers InterruptibleCustomers (a)Reduceusageforinterruptiblecustomerspercontractterms. WholesaleCustomers (a)Requirewaterdemandreductionsinaccordancewithcontractobligationsforwholesalecustomers. (b)WholesalewatersystemsaskedtoabidebyCityofDentonpolicyforbothinternaloperationsandall retailcustomers.Reductioninrateofflowcontrollersettingsby10%20%areoptional. Notifications CityofDenton Bytelephoneandattachedfollowupmemo,notifyallmajorCitydepartmentwaterusersofWater WatchStage#2andthewateruserestrictionsunderthisstage.Instructthemtoimplement restrictionsonnonessentialuses.UsecitydepartmentcontactsinAppendixF. Stage27 WaterConservationandDroughtContingencyPlanCityofDenton Coordinatedistributionofwateremergencyplandetails,posters,andhandoutstocustomerservice representatives,utilitydispatchpersonnelandDentonpublicaccessbuildings. RetailCustomers TCEQnotifiedofStage2restrictions. Issuepressrelease,radioandvideopublicserviceannouncementtoareamediadescribingWaterWatch Stage#2andthewateruserestrictionsunderthisstage.Keepmediaupdatedonthewatersituation. UsemediacontactslistedinAppendixF. Bytelephoneandfollowupletter,notifymajorareawaterusersofWaterWatchStage#2andthe contactslistedinAppendixF restrictionsthatapply.Useplantmanager Acceleratepubliceducationcampaigntopromoteandencourageefficientwateruse. Ifapplicable,notifytheU.S.CorpofEngineersbytelephoneandfollowupletteroftheWaterWatch Stage#2conservationmeasures. WholesaleCustomers AdvisewholesalecustomersbytelephoneandattachedletteroftheactionstakenbytheCityofDentonin responsetoWaterWatchStage#2andrequiretheimplementationoflikeproceduresamongtheircustomers. Wholesalecustomercitiesshalleitherimposewateruserestrictionsequivalenttothoseimposedon5;·x retailcustomersORwhereapplicable,Dentonmayreducerateofflowcontrollersettingsby10%20%.Use wholesalecustomercontactsinAppendixF. Penalties Nopenaltiesenforcedatthistime. InitiatefeesandfinesasspecifiedbelowforanyviolationoftheDroughtContingencyPlan. Stage28 WaterConservationandDroughtContingencyPlanCityofDenton 6.6.3Stage3,Severe 6.6.3.1TriggeringConditionsForStage3,Severe 6.6.3.1.1 TypeA WaterManagementCondition Totalrawwatersupplyin(1)DentonandDallasconnectedlakes(eastandwest);or(2)westernconnectedlakes; or(3)easternconnectedlakesdropsbelow45%ofthetotalconservationstorage 6.6.3.1.2 TypeB WaterManagementCondition Waterdemandreachesorexceeds95%ofdeliverycapacityfor23consecutivedays 6.6.3.1.3 TypeC WaterManagementCondition Waterdemandexceedsareduceddeliverycapacityforallorpartofthesystem,asdeterminedbyDWU Amajorwaterlinebreaks,orapumporsystemfailureoccurs,whichcauseunprecedentedlossof capabilitytoprovidetreatedwaterservice Naturalormanmadecontaminationofthewatersupply RequirementsforTermination: Stage3maybeterminatedwhenStage3conditionsnolongerexistandwouldbeunlikelytorecurupon termination. 6.6.3.2GoalForUseReductionAndActionsAvailableUnderStage3,Severe ThegoalforwaterusereductionunderStage3,Severe,isareductionof2015percentoftheusethatwould haveoccurredintheabsenceofdroughtcontingencymeasures.Ifthecircumstanceswarrant,theDirectorof designeecansetagoalforgreaterwaterusereduction.TheDirectorofWaterUtilitiesor WaterUtilitiesora his/heradesigneecanordertheimplementationofanyoftheactionslistedbelow,orotheractionsnotlisted, asdeemednecessary.: AllWaterUsers (a)RequirethatalllandscapewateringIrrigationoflandscapedareasshallbelimitedtothedayof Comment [JN12]: Previouslymandatory2days aweek,nowmandatory1dayaweekbyhandheld weekdayofweekwateringschedulebetweenthehoursof6:00PMand10:00AMbymeansof only.Ifwe7x·movetohandheldonlyforStage 3likeDallas,thenStage3isthesameasStage2, handheldhoses,soakerhosesandhandheldbucketsonly.Theuseofhoseendsprinklersor andwemightnotbeabletomeetourusereduction goal. permanentlyinstalledautomaticsprinklersystemsisprohibitedatalltimes.Irrigationoflandscaped areaswithhoseendsprinklersorautomaticirrigationsystemsshallbelimitedtoSundaysandThursdays forcustomerswithastreetaddressendinginanevennumber(0,2,4,6or8)andforlocationswithout Stage39 WaterConservationandDroughtContingencyPlanCityofDenton addresses,andSaturdaysandWednesdaysforwatercustomerswithastreetaddressendinginanodd number(1,3,5,7or9),andirrigationoflandscapedareasisfurtherlimitedtothehoursof12:00 midnightuntil10:00a.m.andbetween8:00p.m.and12:00midnightondesignatedwateringdays. Apartments,officebuildingcomplexesorotherpropertycontainingmultipleaddressesmaybe identifiedbythelowestaddressnumber.Irrigationoflandscapedareasispermittedatanytimeifitisby meansofahandheldhose,afaucetfilledbucketordripirrigationsystem. (b)Operationofanyornamentalfountainorpondforaestheticorscenicpurposesisprohibitedexcept wherenecessarytosupportaquaticlifeorwheresuchfountainsorpondsareequippedwitha recirculationsystem. (a)(c)Useofwatertowashanymotorvehicle,motorbike,boat,trailer,airplaneothervehiclenot occurringonthepremisesofacommercialcarwashandcommercialservicestationsandnotinthe immediateinterestofpublichealth,safety,andwelfareisprohibited.Further,suchvehiclewashingat commercialcarwashesandcommercialservicestationsshalloccuronlybetweenthehoursof6:00PM to10:00AM. (b)(d)Thefilling,refilling,oraddingofwatertoswimmingpools,wadingpools,andJacuzzitypepools isprohibitedrestrictedtothedayofweekwateringschedule.Existingpoolsmayaddwatertoreplace lossesduringnormaluseandtoreplaceevaporationinordertomaintainproperwaterqualityand properoperationofthepoolequipment. (e)Foundationsmaybewateredforatwohourperiodonthedesignatedwateringdaybetweenthehours of6:00PMand10:00AM.duringoffpeakhoursFoundationsmaybewateredwithasoakerhoseor handheldhoseequippedwithapositiveshutoffnozzleonlyonthewateringschedule. (c)Operationofanyornamentalfountainorpondforaestheticorscenicpurposesisprohibitedexcept wherenecessarytosupportaquaticlifeorwheresuchfountainsorpondsareequippedwitha recirculationsystem (d)(f)Noapplicationfornew,additional,expanded,orincreasedinsizewaterServiceconnections, meters,servicelines,pipelineextensions,mains,orwaterservicefacilitiesofanykindshallbeapproved, andtimelimitsforapprovalofsuchapplicationsareherebysuspendedforsuchtimeasthisdrought responsestageorahighernumberedstageshallbeineffect. (e)(g)Permittingofnewswimmingpools,hottubs,spas,ornamentalpondsandfountainconstruction isprohibited. Stage310 WaterConservationandDroughtContingencyPlanCityofDenton (f)Prohibitexcessivewaterrunofffromanylandscapedareaontostreets,alleys,orparkinglotsthrough Comment [JN13]: Nowcoveredinwaterwaste ord codeenforcementwarnings.Runoffisexcessivewhenitextendsbeyondten(10)feetoftheproperty line. CityGovernment (a)Wetstreetsweepingandcityvehiclewashingorrinsingisprohibited. (b)MunicipallandscapewateringIrrigationofparksisprohibitedexceptgolfcourses(seebelow). Comment [JN14]: Removedbecausenocitygolf courses;changedlandscapetoparksforconsistency (c)Wateringofgolfcoursegreensandteeboxesrestrictedtooffpeakhours;wateringofothergolfcourse areasandparksisprohibited. (d)Departmentstaffimplementaselfauditandlimitcomputerizedwaterusageofcityownedgolfcourse greens,tees,fairways,sportsfacilitiesandrecreationareasby20%to30%betweenthehoursof6pmto 10amonthepostedfivedaywateringschedule.Wateringwithahandheldhoseorbucketcanbedone anytime. (e)(c)Discontinueuseofwaterfornewwaterlineconstructionpurposesfromfirehydrants,blowoffs andserviceconnectionsfornewwaterlineconstructionpurposes. CommercialCustomers (a)Wateringofnurseryplantstockrestrictedtothehoursbetween6:00PMand10:00AMandthe dayofweekwateringschedule. (a)(b)Restrictwateringofgolfcoursegreensandteeboxesrestrictedtooffpeakhoursthehours between6:00PMand10:00AMandthedayofweekwateringschedule;wateringofothergolfcourse areasandparksisprohibitedunlessthegolfcourseutilizesawatersourceotherthanthatprovidedby theCityofDenton. Wateringofnurseryplantstockrestrictedtodesignatedoffpeakhoursandthedayofweekwatering (b) schedule. InterruptibleCustomers (a)Servicetointerruptiblecustomersistemporarilysuspended. WholesaleCustomers (a)Sameexternalrestrictionsapplytowholesalesuppliers. Stage311 WaterConservationandDroughtContingencyPlanCityofDenton Notifications CityofDenton Coordinatedisseminationofwaterconservationplandetails,posters,andhandoutstocustomerservice representatives,utilitydispatchpersonnelandpublicaccessbuildings. Bytelephoneandattachedfollowupmemo,notifyallmajorCitydepartmentusersofWaterWarning thisstage.Instructthemtoeliminatenonessentialuses Stage#3andofthewateruserestrictionsunder includingstreetandvehiclewashingandoperationofornamentalfountains,andtoimplementrestrictions onessentialuses.UsesamecontactsasthoselistedinAppendixF. RetailCustomers TCEQnotifiedofStage3restrictions. Issuepressrelease,radioandvideopublicserviceannouncementtoareamediadescribingWaterWarning Stage#3andthewateruserestrictionsunderthisstage.Keepmediaupdatedonthewatersituation.Use samemediacontactsasthoseinAppendixF. Bytelephoneandfollowupletter,notifymajorwaterusersofWaterWarning#3andthemandatorywater usereduction.UsecontactslistedinAppendixF. PostWaterWarningnoticesatpublicbuildingsincludingcitybuildings,countybuildings,andthefederal postoffice. Ifapplicable,notifyU.S.CorpsofEngineersbytelephoneandattachedletteroftheWaterWarningStage #3conservationmeasures. WholesaleCustomers AdvisewholesalecustomersbytelephoneandattachedletteroftheactionstakenbytheCityofDenton inresponsetoWaterWarningStage#3andrequiretheimplementationoflikeproceduresamongtheir customers.Wholesalecustomercitiesshalleitherimposewateruserestrictionsequivalenttothose imposedon5;·xretailcustomersORwhereapplicable,mayreducerateofflowcontrollersettings by20%30%.UsewholesalecustomercontactslistedinAppendixF. Penalties Initiatea20%rateincreasesurchargeforresidentialcustomersforwaterusagegreaterthan30,000 Comment [JN15]: Code26.233(b)willneedto bechangedfrom20%surchargeto10%ifwe gallonsperaccountper30daysbillingperiod. changethis Imposea20%surchargepenaltyforcommercialandindustrialcustomersformonthlywateruseabove 80%ofpriorbillingvolumesfora30dayperiodperaccountperbillingperiod. Stage312 WaterConservationandDroughtContingencyPlanCityofDenton InitiatecodeenforcementfeesandfinesasspecifiedbelowforanyviolationoftheDroughtContingency Plan. Stage313 WaterConservationandDroughtContingencyPlanCityofDenton 6.6.4Stage4,Emergency 6.6.4.1TriggeringConditionsForStage4,Emergency 6.6.4.1.1 TypeA WaterManagementCondition Totalrawwatersupplyin(1)DentonandDallasconnectedlakesdrops(eastandwest);or(2)westernconnected lakes;or(3)easternconnectedlakesbelow30%ofthetotalconservationstorage 6.6.4.1.2 TypeB WaterManagementCondition Waterdemandreachesorexceeds98%ofdeliverycapacityfor12consecutivedays 6.6.4.1.3 TypeC WaterManagementCondition Waterdemandseriouslyexceedsareduceddeliverycapacityforallorpartofthesystem,asdeterminedby DWU RequirementsforTermination: Stage4maybeterminatedwhenStage4conditionsnolongerexistandwouldbeunlikelytorecurupon termination. 6.6.4.1GoalForUseReductionAndActionsAvailableUnderStage4,Emergency ThegoalforwaterusereductionunderStage4,Extreme,isareductionof25percentoftheusethatwouldhave occurredintheabsenceofdroughtcontingencymeasures.Ifthecircumstanceswarrant,theDirectorofWater Comment [JN16]: Thisstatementofsettinga greaterreductionisalreadyinStage3 Utilitiesoradesigneecansetagoalforgreaterwaterusereduction.TheDirectorofWaterUtilitiesora designeecanordertheimplementationofanyoftheactionslistedbelow,orotheractionsnotlisted,asdeemed necessary: AllUsers (a)Irrigationoflandscapedareasisabsolutelyprohibited. (b)Useofwatertowashanymotorvehicle,motorbike,boat,trailer,airplaneorothervehicleisabsolutely prohibited. (c)Prohibituseofwaterfromfirehydrantstofirefighting,essentialdistributionsystemmaintenanceand relatedactivities. (d)Nurseriesshallwaterplantstockonlybetweenthehoursof6PMand10AMandmustalsoadhereto thedayofweekwateringschedule. Comment [JN17]: AlreadyincludedinStage3 Stage414 WaterConservationandDroughtContingencyPlanCityofDenton (e)(d)Foundationsmaybewateredforatwohourperiodonlybetweenthehoursof6:00PMand 10:00AMonthedesignatedwateringdayfromStage3withsoakerorhandheldhoseequippedwitha positiveshutoffnozzleonthewateringschedule.Residentsshalllimitfoundationwateringtoa twohourperiodonthedayofweekwateringschedulebetween6PMto10AMwithsoakeror handheldhoseonly. (f)(e)Servicetointerruptiblecustomersistemporarilysuspended Comment [JN18]: Redundantfrombelow (g)(f)Requesta25%reductionofindoorwateruses. (g)Prohibitpermittingofnewswimmingpools,hottubs,spas,ornamentalponds,andfountain construction. (h)Restrictuseofwaterfromfirehydrantstofirefighting,essentialdistributionsystemmaintenanceand relatedactivities. Comment [JN19]: relocated (h)(i)Requesta25%reductionofindoorwateruses. Notifications CityofDenton Bytelephoneandattachedfollowupmemo,notifyallmajorCitydepartmentwaterusersofWater EmergencyStage#4andofthewateruserestrictionsunderthisstage.Instructthemtoeliminate nonessentialusesandtoimplementrestrictionsonessentialuses.Usedepartmentcontactslistedin AppendixF. Coordinatedisseminationofwaterconservationdetails,posters,andhandoutstocustomerservice representatives,utilitydispatchpersonnelandDentonpublicaccessbuildings. RetailCustomers TCEQnotifiedofStage4restrictions. Issuepressrelease,radioandvideopublicserviceannouncementtoareamediadescribingWater emergencyStage#4andthewateruserestrictionsunderthisstage.Keepmediaupdatedonthewater situation.UsesamemediacontactsasthoseinAppendixF. PostWaterEmergencynoticesatpublicbuildings,includingcitybuildings,countybuildings,andthe federalpostoffice. majorareawaterusersofWaterEmergencyStage#4and Bytelephoneandfollowupletter,notify mandatorycessationofalloutsidewatering.UseplantmanagercontactslistedinAppendixF. Stage415 WaterConservationandDroughtContingencyPlanCityofDenton Ifapplicable,notifyU.S.CorpsofEngineersbytelephoneandattachedletteroftheWaterEmergency Stage#4conservationmeasures. WholesaleCustomers AdvisewholesalecustomersbytelephoneandattachedletterofactionsbeingtakenbytheCityin responsetoWaterEmergencyStage#4andmandatoryimplementationofsimilarproceduresamong theircustomers.Wholesalecustomercitiesshallimposewateruserestrictionsequivalenttothose imposedon5;·xretailcustomersor,whereapplicable,reducetheirrateofflowcontrollersettings byapercentagedeterminedbytheDirectorofWaterUtilities.AppendixFlistswholesalecustomersthat needtobecontacted. Penalties Imposea20%rateincreasesurchargeforresidentialcustomersforwaterusagegreaterthan15,000 gallonsperaccountper30daysbillingperiod. Imposea20%surchargepenaltyforcommercialandindustrialcustomersformonthlywateruseabove 70%ofpriorbillingvolumesfora30dayperiodperaccountperbillingperiod. Lz·z ·;codeenforcementfinesforanyviolationoftheDroughtContingencyPlan. Stage416 WaterConservationandDroughtContingencyPlanCityofDenton WaterRateSurchargeandAllocation RetailCustomers: DuringStages3and4oftheDroughtContingencyPlan,theCitymayimposearetailwaterrateincreaseto Comment [JN20]: 5;·xexistingrate surchargealsocoverscommercialcustomers discouragewateruse.Ratesforresidentialcustomerusagemorethan30,000gallonsper30daysperaccount explicitlybuttheDallasplanleavesthatuptothe Director perbillingperiodinStage3orabove15,000gallonsper30daysperaccountperbillingperiodinStage4maybe increasedbyasmuchastwentypercent(20%).Asimilartwentypercent(20%)rateincreaseforcommercialand industrialcustomersmaybeimposedforuseexceeding80%(Stage3)and70%(Stage4)ofpriorbillingvolumes per30dayperiod. WholesaleCustomers inSection6ofthePlanforStage4havebeenmet,theDirector Intheeventthatthetriggeringcriteriaspecified isherebyauthorizedtoinitiateallocationofwatersuppliesonaproratabasisinaccordancewiththelatest revisionofTexasWaterCodeSection11.039.TexasWaterCodeSection1.039,DistributionofWaterDuring Shortage,states: (a)Ifashortageofwaterinawatersupplynotcoveredbyawaterconservationplanpreparedin compliancewithTexasNaturalResourceConservationCommissionorTexasWaterDevelopmentBoard rulesresultsfromdrought,accident,orothercause,thewatertobedistributedshallbedividedamong allcustomersprorata,accordingtotheamounteachmaybeentitledto,sothatpreferenceisgivento nooneandeveryonesuffersalike. (b)Ifashortageofwaterinawatersupplycoveredbyawaterconservationplanpreparedincompliance withTexasNaturalresourceConservationCommissionorTexasWaterDevelopmentBoardrulesresults fromdrought,accident,orothercause,theperson,associationofperson,orcorporationowningor controllingthewatershalldividethewatertobedistributedamongallcustomersprorata,accordingto: 1.theamountofwatertowhicheachcustomermaybeentitled;or 2.theamountofwatertowhicheachcustomermaybeentitled,lesstheamountofwaterthe customerwouldhavesavedifthecustomerhadoperateditswatersystemincompliancewith waterconservationplan. (c)NothinginSubsection(a)or(b)precludestheperson,associationofpersonsorcorporationowningor controllingthewaterfromsupplyingwatertoapersonwhohasapriorvestedrighttothewaterunder thelawsofthisstate. 17 WaterConservationandDroughtContingencyPlanCityofDenton DWUmaycurtailwaterdeliveriesorreducediversionsinaccordancewiththetermsandconditionsofits wholesalewatersupplycontracts.Ifnecessary,orifspecificcontractprovisionsarenotprovidedfor,DWUmay curtailwaterdeliveriesorreducediversionsinaccordancewithTexasWaterCodeSection11.039.DWUwill haveauthoritytorestrictflowtoitswholesalewatercustomersthroughtherateofflowcontrollers. TheDirectorwillestablishproratawaterallocations,determinedasapercentagereductionofthewholesale -Ò·;©xwaterusage,atthetimeofimplementation.Thetotalvolumereductionforeachwholesale customerwillbecalculatedmonthly,basedonaveragewaterusageforthepreviousthreeyears.TheDirector willestablishthepercentagereductionbasedonanassessmentoftheseverityofthewatershortagecondition andtheneedtocurtailwaterdiversionsand/ordeliveries,andthepercentagereductionmaybeadjusted periodicallybytheDirector.Onceprorataallocationisineffect,waterdiversionsby,ordeliveriesto,each wholesalecustomerwillbelimitedtotheallocationestablishedforeachmonth. 6.7ProceduresforEnforcementofMandatoryRestrictions Violations Apersoncommitsanoffenseifheorsheknowinglymakes,causes,orpermitsauseofwatercontrarytothe measuresimplementedintheDroughtContingencyPlan.Itispresumedthatapersonhasknowinglymade, measureshavebeen caused,orpermitteduseofwatercontrarytothemeasuresimplementedifthemandatory implementedaccordingtothePlanandanyoneofthefollowingconditionsapply: TheDroughtContingencyPlanprohibitsthemannerofuse. TheamountofwaterusedexceedsthatallowedbytheDroughtContingencyPlan Themannerofuseortheamountusedviolatesthetermsandconditionsofacomplianceagreementmade followingavariancegrantedbytheACM/Utilities. Anypersoninapparentcontrolofthepropertywhereaviolationoccursororiginatesshallbepresumedtobe theviolator,andproofthattheviolationoccurredonthe¦;©xpropertyshallconstitutearebuttable presumptionthatthepersoninapparentcontrolofthepropertycommittedtheviolation,butanysuchperson shallhavetherighttoshowthathe/shedidnotcommittheviolation.Parentsshallbepresumedtobe occurredontheproperty responsiblefortheirminorchildrenandproofthataviolation,committedbyachild, withincontroloftheparentsshallconstitutearebuttablepresumptionthattheparentcommittedtheviolation. But,anysuchparentmaybeexcusedifhe/sheprovesthathe/shehadpreviouslydirectedthechildnottouse 18 WaterConservationandDroughtContingencyPlanCityofDenton thewaterasitwasusedinviolationofthisPlanandthattheparentcouldnothavereasonablyknownofthe violation. AnyCodeEnforcementOfficer,PoliceOfficer,orothercityemployeedesignatedbytheAssistantCity Manager/Utilities,mayissueacitationtoapersonhe/shereasonablybelievestobeinviolationofthis Ordinance.Thecitationshallbepreparedinduplicateandshallcontainthenameandaddressofthealleged violator,ifknown,theoffensecharged,andshalldirecthim/hertoappearinmunicipalcourtonthedateshown onthecitation. FirstViolation Customersreceiveawrittenwarningthattheyhaveviolatedrestrictions. SubsequentViolations AnypersonwhoviolatesthisPlanisguiltyofamisdemeanorand,uponconviction,shallbepunishedbyafineof notlessthan$250andofnotmorethan$2,000.EachdaythatoneormoreprovisionsinthisPlanisviolated shallconstituteaseparateoffense. Inlieuofprosecutingamisdemeanor,DWUmayimposeanadministrativefee,herebyestablishedatanamount nottoexceed$250,uponviolationofthisplan. Violationswillbepunishedaccordingtothesizeofthemeterusedinviolationoftheplaninthefollowing manner: (a)Meters1"indiameterandsmaller Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + st 1Violation:Warning Indent at: 0.5" nd Formatted: Font: 11 pt, Superscript 2Violation:$50administrativefee Formatted: Indent: Left: 0.75", Line spacing: rd 3Violation:$100administrativefee single Formatted: Font: 11 pt, Superscript th 4Violation:$250fine Formatted: Font: 11 pt, Superscript (b)Metersbiggerthan1"indiameterandsmallerthan3"indiameter Formatted: Font: 11 pt, Superscript Formatted: Line spacing: single st 1Violation:Warning nd 2Violation:$100administrativefee rd 3Violation:$250administrativefee th 4Violation:$500fine Formatted: Indent: Left: 0.75", Line spacing: single 19 WaterConservationandDroughtContingencyPlanCityofDenton (c)Meters3"indiameterandlarger Formatted: Line spacing: single st 1Violation:Warning nd 2Violation:$250administrativefee rd 3Violation:$500fine th 4Violation:$1000fine Flowrestrictorsmaybeplacedinlinesaftertwoviolationshaveoccurredtolimittheamountofwaterpassing throughthemeterina24hourperiod. TheCityofDentonUtilitiesreservestherighttotemporarilycanceldisconnectwaterservicetothecustomer untilthesituationcanberesolvedaftertwoviolationshaveoccurred.Servicesdiscontinuedundersuch circumstancesshallberestoredonlyuponpaymentofareconnectioncharge,herebyestablishedatanamount nottoexceed$135.00(orasadjustedbyCityordinance),andanyothercostsincurredbytheDWUin discontinuingservice;anduponcorrectionofthecauseoftheviolation.Inaddition,suitableassurancemustbe giventotheDirectorthatthesameactionwillnotberepeatedwhilethePlanisineffect.Compliancewiththis Planmayalsobesoughtthroughinjunctivereliefinthedistrictcourt. 6.8ProceduresforGrantingVariances GrantingaVariance TheACM/UtilitiesmaygrantvariancesfromtheDroughtContingencyPlaninspecialcasestopersons demonstratingextremehardshipandneed.Inordertoobtainavariance,theapplicantmustsignacompliance agreementonformsprovidedbytheACM/UtilitiesandapprovedbytheCityAttorney.Theapplicantmustagree tousethewateronlyintheamountandmannerpermittedbythevariance.Avariancemustmeetthefollowing conditions: Grantingofavariancemustnotcauseanimmediatesignificantreductioninthe/z·äxwatersupply. Theapplicantmustdemonstratethattheextremehardshiporneedisrelatedtothehealth,safety,or welfareofthepersonrequestingit. Thevariancewillnotadverselyaffectthehealth,safety,orwelfareofotherpersons. 20 WaterConservationandDroughtContingencyPlanCityofDenton NovarianceisretroactivenorcanitjustifyanyviolationofthisDroughtContingencyPlanbeforeits issuance. RevokingaVariance TheACM/UtilitiesmayrevokeavariancegrantedwhentheDirectorofWaterUtilitiesdeterminesanyoneofthe following: Conditionscausinginitialissuanceofthevariancearenolongerapplicable. Violationofthetermsofthecomplianceagreement. Thehealth,safety,orwelfareofotherpersonsrequiresrevocation. WholesaleCustomerVariances TheACM/UtilitiesmaygrantvariancesfromtheDroughtContingencyPlantowholesalewatercustomersin specialcases.Wholesalewatercustomersmayrequestreducedvarianceallocationsforthefollowing conditions: Thedesignatedperioddoesnotaccuratelyreflectawholesalecustomer'snormalwaterusage. Thecustomeragreestotransferpartofitsallocationtoanotherwholesalecustomer. Otherobjectiveevidencedemonstratesthatthedesignatedallocationisinaccurateunderpresent conditions. Inordertograntavariance,theapplicantmustsignacomplianceagreementonformsprovidedbythe ACM/UtilitiesandapprovedbytheCityAttorney.Novarianceshallberetroactiveorotherwisejustifyany violationofthisDroughtContingencyPlanoccurringbeforetheissuanceofthevariance. 6.9CoordinationwiththeRegionalWaterPlanningGroup TheCityofDentonislocatedwithintheRegionCwaterplanningarea.AppendixEincludesacopyofaletter senttotheChairoftheRegionCWaterPlanningGroup(RCWPG)alongwiththewaterconservationanddrought contingencyplan. 6.10ReviewandUpdateofDroughtContingencyPlan AsrequiredbyTCEQrules,theCityofDentonwillreviewthisdroughtcontingencyplaneveryfiveyears, beginningin2009.Theplanwillbeupdatedasappropriatebasedonneworupdatedinformation.Astheplanis 21 WaterConservationandDroughtContingencyPlanCityofDenton reviewedandsubsequentlyupdated,acopyoftherevisedDroughtContingencyPlanwillbesubmittedtothe TCEQandtheRCWPGfortheirrecords. 7.0Severability TheCityofDentonPublicUtilityBoardagreesthatsections,paragraphs,sentences,clauses,andphrasesofthis DroughtContingencyPlanareseverable.Ifanyphrase,clause,sentence,paragraph,orsectionofthisDrought ContingencyPlanisdeclaredunconstitutionalbythevalidjudgmentordecreeofanycourtofcompetent unconstitutionalityshallnotaffectanyoftheremainingphrases,clauses,sentences, jurisdiction,such paragraphs,andsectionsofthisDroughtContingencyPlan,sincethesamewouldnothavebeenenactedbythe CityofDentonPublicUtilityBoardwithouttheincorporationintothisDroughtContingencyPlanofanysuch paragraph,orsection. unconstitutionalphraseclause,sentence 22 WaterConservationandDroughtContingencyPlanCityofDenton APPENDIXA ListofReferences 1.TexasCommissiononEnvironmentalQuality:{ ·;©ConservationPlansforMunicipalUsesbyPublicWater {Ò¦¦z;©r|TexasAdministrativeCodeTitle30PartISubchapterA§288.2,effectiveOctober7,2004 2.TexasCommissiononEnvironmentalQuality:{ ·zz·äProfile&WaterConservationPlanRequirementsfor MunicipalWaterUsebyPublicWater{Ò¦¦z;©r|TCEQpublication10218Rev1104and{ ·zz·äProfile&Water ConservationPlanRequirementsforWholesalePublicWater{Ò¦¦z;©r|TCEQpublication20162Rev1104 3.TexasWaterDevelopmentBoard:{ ·;©ConservationBestManagementPracticesDÒz7;r|Report362, WaterConservationImplementationTaskForce,publishedNovember2004 23 EXHIBIT3 EXHIBIT4 AGENDA INFORMATION SHEET AGENDA DATE: February 7, 2012 DEPARTMENT: Planning and Development ACM: Fred Greene SUBJECTSI12-0002 Historic Landmark Commission Resolution Hold a discussion, receive a report and give staff direction regarding a resolution created by the City of Denton Historic Landmark Commission. DISCUSSION On January 9, 2012, the Historic Landmark Commission (HLC) approved a resolution (hereto attached as an exhibit) strongly encourages demolition. These neighborhoods are generally located along Austin, Oakland, and Sawyer Streets; and Texas, Bell, and Mingo Streets. The resolution includes language stating: and that central Denton and further threaten neighborhood integrity, changing the fundamental nature of Since this resolution could be interpreted as a policy statement of the City Council, staff would direction on the matter. EXHIBITS HLC Resolution Prepared by: Mark A. Cunningham, AICP, CPM Director of Planning and Development Respectfully submitted: Fred Greene Assistant City Manager AGENDA INFORMATION SHEET AGENDA DATE: February 7, 2012 DEPARTMENT: Fire ACM: Fred Greene SUBJECT Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the Mayor to execute an Interlocal Ambulance Agreement between the City of Denton and Denton County for Ambulance Services; and declaring an effective date. BACKGROUND The Interlocal Agreement for ambulance service between the City of Denton and Denton County began in 1980 and provides for emergency medical service to Denton County within the designated area (see map in agreement). Each year a new agreement and ordinance is presented to the Denton City Council for the next fiscal year approving the fee the County will pay to the City of Denton for service using a County-wide funding formula based on population served, number of ambulance calls in the County area and the rural square miles in the County. The population and mileage figures used are based on numbers obtained from the North Central Texas Council of Governments. This ongoing Interlocal A which also includes review by the Denton County Fire Chiefs Association as well as approval by the Commissioners Court as part of their budget process. After the City of Denton signs the agreement, the County Commissioners take their official action. Even though the contract is approved after its starting date, the agreement still remains effective from October 1, 2011 with no reductions in revenues. $125,166.57 The total estimated fee of is the City of estimated ratios: 1. A fixed readiness sum based on $0.5233 per capita for an estimated maximum amount of $62,896.77 . 2. A fixed sum of $243.9887 per ambulance run estimated to be 201 runs for an estimated $49,041.73 maximum amount of . This sum is based upon the number of runs made in the County areas for fiscal year 2010. 3. A fixed sum of $673.1845 per rural square mile and based on 19.65 rural miles in the $13,228.07 agreed operating territory for an estimated maximum amount of . Denton County Ambulance Funding - 2008 to 2012 2008 2009 2010 2011 2012 READINESS- POPULATION: /Ò·ä CÒ7zm C©Ò w ·; u u u u u Readiness Funding to Denton $68,624.31 $69,257.33 $66,674.06 $61,694.04 $62,896.77 EMS AMBULANCE RUNS: 5;· wÒ · /Ò·ä /Ò·ä CÒ7zm C©Ò w ·; Å u Å u Å u Å u Å u Runs Funding to Denton $32,339.54 $37,066.61 $35,337.30 $45,089.63 $49,041.73 RURAL SQUARE MILES: u u Rural Sq. Miles Funding Total $12,985.61 $14,474.89 $14,011.26 $13,108.17 $13,228.07 COUNTY FUNDING TO DENTON $113,949.47 $120,798.92 $116,022.62 $119,891.84 $125,166.57 ,; OPTIONS Approve ordinance amendment or deny ordinance amendment. RECOMMENDATION Staff recommends the adoption of the proposed ordinance and agreement. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Staff presented a review of ongoing costs to deliver fire services to the County in its budget process for FY2011/2012. Currently, there are no negotiations between the City and County on the provisions of the contract since the Commission amount. The previous County Ambulance funding contract was approved by the City Council on January 4, 2011. FISCAL INFORMATION The estimated ambulance fee for 2011/2012 from the County is $125,166.57 which is a 4.4% increase from the last contract amount of $119,891.84 for fiscal year 2010/2011. EXHIBITS Ordinance Respectfully submitted: Agreement Prepared by: Fred Greene Assistant City Manager ____________________ Ross Chadwick Fire Chief AGENDA INFORMATION SHEET AGENDA DATE: February 7, 2012 DEPARTMENT: Fire ACM: Fred Greene SUBJECT Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the Mayor to execute an Interlocal Fire Protection Agreement between the City of Denton and Denton County for Fire Protection Services; and declaring an effective date. BACKGROUND The Interlocal Agreement for Fire Service between the City of Denton and Denton County provides fire protection services by the Denton Fire Department to the County areas previously served by the Mayhill-Cooper Creek Volunteer Fire Department and a small portion of the Lake Cities Fire District now adjacent to the newly annexed City property in the southwest portion of Teasely (FM 2181). In 2003, Denton County requested that the City of Denton provide fire protection to the designated area due to Mayhill- a proper response to fire calls. The County also requested in 2004 that the City respond to a small area next to Guyer response time to the area was much quicker than Lake Cities Fire Department. This ongoing Interlocal A which also includes review by the Denton County Fire Chiefs Association as well as approval by the Commissioners Court as part of their budget process. After the City of Denton signs the agreement, the County Commissioners take their official action.Even though the contract is usually approved after its starting date, the agreement still remains effective from October 1, 2011 with no reductions in revenues. The Commi appropriation to pay for fire protection in the unincorporated County area each year and divides that amount by an estimated number of fire calls to arrive at a per fire reimbursement. Table 1 shows the five-year history of fire funding. 5;· /Ò·ä Cz©; t©·;-·z CÒ7zm · /Ò·ä CÒ7zm Å Å Å Å Å t;© Cz©; / Å u ¦;© - Å u ¦;© - Å u ¦;© - Å u ¦;© - Å u ¦;© - 5;· Cz©; / Cz©; / CÒ7zm Å r u Å Å Å Å r u · 5;· Å r u Å Å r u Å r u Å r u Cz©; CÒ7zm ,; Agenda Information Sheet February 7, 2012 Page 2 OPTIONS Approve proposed ordinance or deny proposed ordinance. RECOMMENDATION Staff recommends the adoption of the proposed ordinance and agreement. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Staff presented a review of ongoing costs to deliver fire services to the County in its budget process for FY2011/2012. Currently, there are no negotiations between the City and County on amount. The previous County fire protection contract was approved by the City Council on January 4, 2011. FISCAL INFORMATION Denton County will pay the City $10,000 upon execution of the proposed agreement and reimburse the City for each fire call at the rate of $450.00 per fire call which is the same dollar amount per call reimbursement used in the 2010/2011 agreement. The annual estimate for the reimbursement of fire calls in 2011/2012 is $13,500.00 based on an estimated 30 fire calls in the unincorporated County area. The total Fire Protection contract with the County is estimated to be $23,500.00 which is a 4.0% in22,600.00 contracted amount. EXHIBITS Ordinance Agreement Respectfully submitted: Fred Greene Assistant City Manager Prepared by: ______________________ Ross Chadwick Fire Chief AGENDA INFORMATION SHEET AGENDA DATE: February 7, 2012Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Mike Ellis at 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 contracts through the Buy Board Cooperative Purchasing Network, Houston Galveston Area Council of Governments (H-GAC) and Texas Association of School Boards (TASB) for the acquisition of Eleven (11) Vehicles, Ten (10) Trucks and Two (2) Pieces of Equipment for the City of Denton Utility Departments; and providing an effective date (File 4891-Purchase of Vehicles and Equipment for City of Denton Utility Departments awarded to numerous vendors for a grand total award of $2,582,948.96). FILE INFORMATION The items listed below reflect replacements of vehicles and/or equipment for the Wastewater, Water, Electric and Solid Waste Departments. These purchases were outlined in the fiscal year 2011-12 Vehicle Replacement Plan and fiscal year 2011-2012 Annual Operating Budget. Twenty three (23) vehicles, trucks and equipment are being purchased. Seventeen (17) of those items are replacements. Items 13, 17 and 20-23 represent fleet additions and were previously identified and approved as part of the fiscal year 2011-2012 Annual Operating Budget. ITEM EQUIP ID# TYPE CONTRACT AMOUNT REPLACEMENT 1 WC1242 Crew Cab Truck BB# 358-10 $ 65,408.52 X 2 WM1233 Utility Truck BB# 358-10 $ 50,999.00 X 3 WM1234 Utility Truck BB# 358-10 $ 50,999.00 X 4 DR1239 4WD Tractor TASB# 373-11 $ 55,309.08 X 5 SW1251 1/2 Ton Ext Cab Truck BB# 358-10 $ 18,684.00 X 6 EC1259 Sport Utility Vehicle BB# 358-10 $ 25,176.00 X 7 EM1227 1/2 Ton Truck BB# 358-10 $ 16,216.00 X 8 EM1228 1/2 Ton Truck BB# 358-10 $ 16,216.00 X 9 EO1229 1/2 Ton Ext Cab Truck BB# 358-10 $ 18,684.00 X 10 PW1235 1/2 Ton Ext Cab Truck BB# 358-10 $ 18,684.00 X 11 PW1236 1/2 Ton Ext Cab Truck BB# 358-10 $ 18,684.00 X 12 WW1230 Sedan BB# 358-10 $ 18,386.00 X 13 WD1232 Fluid Excavator HGAC #EM06-11 $ 62,271.36 14 WC1241 Dump Truck BB# 358-10 $ 133,015.00 X 15 SW1254 RL Refuse Truck BB# 358-10/ #357-10 $ 225,323.00 X 16 SW1250 RO Refuse Truck BB# 358-10 $ 144,212.00 X Agenda Information Sheet February 7, 2012 Page 2 17 SW1249 FL Refuse Truck BB# 358-10/ #357-10 $ 238,206.00 18 SW1248 FL Refuse Truck BB# 358-10/ #357-10 $ 238,206.00 X 19 SW1252 ASL Refuse Truck BB# 358-10/ HGAC #RC01-10 $ 233,334.00 X 20 SW1253 ASL Refuse Truck BB# 358-10/ HGAC #RC01-10 $ 233,334.00 21 SW1255 ASL Refuse Truck BB# 358-10/ HGAC #RC01-10 $ 233,334.00 22 SW1256 ASL Refuse Truck BB# 358-10/ HGAC #RC01-10 $ 233,334.00 23 SW1257 ASL Refuse Truck BB# 358-10/ HGAC #RC01-10 $ 233,334.00 SUB-TOTAL $ 2,581,348.96 BUY BOARD FEES $ 1,600.00 GRAND TOTAL $ 2,582,948.96 Cooperative agreement handling fees (not included in Exhibit 1 pricing sheets) and service manuals are estimated at $1,600 and may vary depending upon the number of purchase orders issued and service manuals required ( TASB does not charge a Cooperative handling fee). The quotes were received from inter-local purchasing network vendors and the equipment/vehicles are not available from local vendors. RECOMMENDATION Award the purchase of eleven (11) vehicles, ten (10) trucks and two (2) pieces of equipment for the City of Denton Utility Departments through Buy Board Cooperative Purchasing Network, Houston Galveston Area Council of Governments (HGAC) and Texas Association of School Boards (TASB) contracts to the vendors listed below for a total award amount of $2,582,948.96. ITEM # VENDOR AMOUNT CONTRACT 4 John Deere $ 55,309.08 TASB #373-11 2-3 Grapevine Dodge $ 101,998.00 BB# 358-10 1 SW International $ 65,408.52 BB# 358-10 13 EKA Inc. $ 62,271.36 HGAC #EM06-11 5-12 Caldwell Chevrolet $ 150,730.00 BB# 358-10 15,17,18 Mc Neilus $ 281,635.00 BB# 357-10 14-23 Rush Truck/Crane $ 1,386,122.00 BB# 358-10 19-23 DaDee Mfg LLC $ 477,875.00 HGAC #RC01-10 Sub-Total $ 2,581,348.96 Buy Board Fees 1,600.00 Grand Total $ 2,582,948.96 Agenda Information Sheet February 7, 2012 Page 3 PRINCIPAL PLACE OF BUSINESS Caldwell Country John Deer Company Southwest International Trucks Inc. Caldwell, TX McKinney, TX Mc Kinney, TX Grapevine Dodge Rush Truck Center Crane EKA Inc. Grapevine, TX San Antonio, TX Stone Mountain, GA McNeilus Truck and Manufacturing Co. DaDee Mfg LLC Hutchins, TX Phoenix AZ ESTIMATED SCHEDULE OF PROJECT The purchase and delivery of twelve (12) vehicles and two (2) pieces of equipment will occur within 180 days of purchase order issuance. The purchase of the nine (9) refuse trucks will occur within 190 days of purchase order issuance. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board recommended approval to forward Items 1 thru 12 on January 9, 2012 by a vote of 7- 0. The Public Utilities Board recommended approval to forward Items 13 thru 23 on January 23, 2012 by a vote of 5-0. FISCAL INFORMATION Vehicles and equipment for the Electric, Water and Wastewater Departments are funded from Vehicle Replacement Funds. Vehicles and Trucks for the Solid Waste Department are being funded from Certificate of Obligation Funds approved in a Reimbursement Ordinance on October 18, 2011 except for SW1251 in the amount of $18,684 which will funded from Equipment Replacement funds. EXHIBITS Exhibit 1: Price Quote Exhibit 2: Public Utilities Board Minutes Respectfully submitted: Antonio Puente, Jr., 349-7283 Assistant Director of Finance 1-AIS-File 4891 Item#1 Exhibit 1 WC1242 page1of8 Texas Local Government Purchasing Cooperative PRICING WORKSHEET Buying Agency:City of DentonDate Prepared 11/11/2011 Southwest International Trucks Contract # 358-10 Product Description: 2013 International TerraStar DENTON WC1242 Crew CabBid #1000 Contact Person:Mike EllisItem:Base Chassis Bid$ 39,637.67 B: Options Option cost is 80% of MSRP Material surcharge500.00air conditioner699.55 Wheelbase232.90cab sound insulation76.50 7000# front axle110.50A/C fresh air filter11.90 7000# front springs23.80PTO accommodation switches125.80 cigar liter15.3036 month/100,000 mile towing100.00 2 electric horns17.00 power source on dash25.50body builder wiring72.25 AM Fm weatherband radio287.30Allison RDS transmission246.50 Back up alarm102.00 circuit breakers84.15 remote engine control38.25 13,500 Rear axle442.00 13,500 rear springs13.60 RH under cab fuel tank551.60 Crew Cab5,287.85 Yellow safety grab handles54.40 Driver air ride seat207.40 Air ride passsenger seat598.40 Rear bench seat307.70 L&R convex mirrors18.70 Subtotal Column 1:$ 8,918.35Subtotal Column 2:$1,332.50 Total Options$ 10,250.85 CHASSIS WITH FACTORY OPTIONS$ 49,888.52 TOTAL BODY PRICESee attached body spec sheet$14,885.00 Knapheide service bodyQUOTE 21193 Additional Options: Buy Board Fee400.00 Transportation50.00 DOT Inspection with Fire Extinguisher and Road Flare Kit185.00 $65,408.52 TOTAL BUY BOARD PRICE Tom Claiborne Southwest International Trucks-Arlington. Arlington, Texas, 76010 Fax# 817-861-7084 Office# 817-461-2931 E-mail Address: tom.claiborne@swit-tx.com To purchase this unit, please issue a purchase order to the Buy Board; the Buy Board will notify Southwest International of your purchase order. We will order the truck and body when we receive the purchase order from the buy Board. Thank you, Tom Claiborne 1/23/201210:35 AM Item#1 Pg2of8 Item#1 Pg3of8 Item#1 Pg4of8 Item#1 Pg5of8 Item#1 Pg6of8 Item#1 Pg7of8 Item#1 Pg8of8 Item#2&3 WM1233 WM1234 Pg1of5 Item#2&3 Pg2of5 Item#2&3 Pg3of5 Item#2&3 Pg4of5 Item#2&3 Pg5of5 Item#4 DR1239 Pg1of3 Item#4 Pg2of3 Item#4 Pg3of3 Item#5 SW1251 1of1 Item#6 EC1259 Pg1of2 Item#6 Pg2of2 Item#7 EM1227 Pg1of1 Item#8 EM1228 Pg1of1 Item#9 EO1229 Pg1of1 Item#10 PW1235 Pg1of1 Item#11 PW1236 Pg1of1 Item#12 WW1230 Pg1of1 Item#13 WD1232 Item#13 Pg2of2 Item#14 WC1241 Pg1of3 Item#14 Pg2of3 Item#14 Pg3of3 Item#15 SW1254 Pg1of2 Item#15 Pg2of2 Item#16 SW1250 Pg1of1 Item#17&18 SW1248,SW1249 Pg1of2 Item#17&18 Pg2of2 Item#19-23 SW1252,SW1253,SW1255, SW1256,&SW1257 Pg1of3 Item#19-23 Pg2of3 Item#19-23 Pg3of3 Exhibit 2 DRAFT MINUTES 1 PUBLIC UTILITIES BOARD 2 3January 9, 2012 4 5After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is 6present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on 7Monday, January 9, 2012 at 9:00 a.m. in the Service Center Training Room, City of Denton 8Service Center, 901-A Texas Street, Denton, Texas. 9 10Present: Chair Dick Smith, Vice Chair Bill Cheek, Randy Robinson, Phil Gallivan, 11Barbara Russell, Leonard Herring, and John Baines 12 13Ex Officio Members: George Campbell, City Manager, Jim Coulter Director Water Utilities 14 15Absent excused: Howard Martin, ACM Utilities 16 OPEN MEETING: 17 18 ITEMS FOR INDIVIDUAL CONSIDERATION: 19 20 21All consent agenda items were pulled and placed on items for individual consideration. 22 232) Consider a recommendation of an ordinance for adoption of the City of Denton authorizing 24the City Manager or his designee to execute contracts through the Buy Board Cooperative 25Purchasing Network and Texas Association for School Boards (TASB) for the acquisition of 26one Tractor and thirteen vehicles for various City of Denton Utility Departments;and 27providing an effective date (File 4891-Truck and Heavy Equipment for Utility Departments 28awarded to Southwest International Trucks in the amount of $128,820.14, Grapevine Dodge 29in the amount of $101,998.00, Caldwell Chevrolet in the amount of $171,114.00 and John 30Deere in the amount of $55,309.08 for a total award amount of $457,241.22). 31 32Mike Ellis, Fleets Superintendent, stated there was a change to this item. There was a vehicle in 33for Water Distribution, that vehicle had to be expedited early last year and was still in the 34purchasing plan. That item is WD-1231. The new amount for this item is $393,829.60. Herring asked a 35. Ellis explained that it is a 36cooperative buy in agreement that the State of Texas has that is through the school districts. It is 37a cooperative consortium that allows staff to buy off of state contracts at a much reduced fee. It Herring then stated that these pieces of 38is more competitive than bidding the product. equipment are not bid out 39. Ellis stated they are not bid out. Staff does shop the pricing with 40our local dealers to make sure we are getting the best prices. Russell stated that she knows that this has been discussed before but would like to know 41 why the City of Denton needs sports utility vehicles 42. Ellis stated those are specked from the 43departments that are carrying multiple individuals 44Department and they carry individuals as well as electronic sensitive equipment. This vehicle is 45exactly like what is purchased for the police department. The other one is an Equinox which is a 46small SUV that carries multiple people. It will carry lab equipment as well as people. All of the Russell asked how many vehicles are 47vehicles are E85, which is one of the requirements. Draft Minutes of the Public Utilities Board Meeting January 9, 2012 Page 2 of 2 purchased a year 1 . Ellis answered it ranges between 75-125 City wide. There is a vehicle 2 replacement criteria that has to be met for each vehicle. Baines asked how large the City of Denton fleet is 3 . Ellis answered we have 1185 units, of 4 those there are 760 that are classified as a vehicle; the rest would be equipment and trailers. 5 Board Member Robinson moved to approve item 2 with a second from Board Member 6 Cheek. The motion was approved by a 7-0 vote. 7 8 9 Adjournment at 10:56 am DRAFT MINUTES 1 PUBLIC UTILITIES BOARD 2 3 January 23, 2012 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is 6 present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on 7 Monday, January 23, 2012 at 9:00 a.m. in the Service Center Training Room, City of Denton 8 Service Center, 901-A Texas Street, Denton, Texas. 9 10 Present: Vice Chair Bill Cheek, Randy Robinson, Phil Gallivan, Barbara Russell, 11 and Leonard Herring 12 13 Ex Officio Members: George Campbell, City Manager; Howard Martin, ACM Utilities 14 15 Absent excused: Chair Dick Smith and John Baines 16 OPEN MEETING: 17 18 ITEMS FOR INDIVIDUAL CONSIDERATION: 19 20 21 1)Consider a recommendation of an ordinance for adoption of the City of Denton authorizing 22 the City Manager or his designee to execute contracts through the Buy Board Cooperative 23 Purchasing Network and Houston Galveston Area Council of Governments (HGAC) for the 24 acquisition of one excavator and ten trucks for various City of Denton Utility Departments; 25 and providing an effective date (File 4902-Truck and Heavy Equipment for Utility 26 Departments awarded to EKA Inc in the amount of $62,671.36, Rush Truck Center in the 27 amount of $1,386,122.00, Mc Neilus Truck Mfg in the amount of $282,035.00 and DaDee 28 Mfg in the amount of $478,275.00 for a total award amount of $2,209,103.36). 29 Russell noticed that five trucks are being added for solid waste was that in the budget and 30 why are we adding five additional trucks 31 . Howard Martin, ACM, answered those are in the 32 budget, they are automatic side load vehicles. Vance Kemler, General Manager Solid Waste, 33 answered that of the non-replaceable units, the five new vehicles are for the new recycling 34 services. Solid waste decided at the end of the contract for Republic Services to take over those Russell asked 35 services and internalize them. It will take those five trucks for that operation. after we pay for the trucks if it is more economical 36 . Kemler answered absolutely, solid waste Russell asked since Peterbilt 37 has already taken care of the analysis on that and it is better. 38 . 39 Mike Ellis, Fleets Superintendent, answered in the State of Texas in order to purchase a vehicle, 40 you cannot buy directly from the manufacturer, and you have to go through their dealer networks 41 for franchise laws. Rush Truck Center is the dealer; the City of Denton does get special pricing Robinson asked if we deal with Rush or 42 from Peterbilt because of our relationship with them. go through the buy board 43 . Ellis answered we go through the buy board but it comes through Gallivan further commented that we have two trucks already would this five add to 44 Rush. the fleet. 45 Kemler answered that solid waste is holding on to a couple of vehicles that could have 46 been sold for back up. 47 Draft Minutes of the Public Utilities Board Meeting January 23, 2012 Page 2 of 2 Board Member Russell moved to approve item 1 with a second from Board Member 1 Herring. The motion was approved by a 5-0 vote. 2 3 4 Adjournment at 11:47 am ORDINANCE NO. ___________ AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE CONTRACTS THROUGH THE BUY BOARD COOPERATIVE PURCHASING NETWORK, HOUSTON GALVESTON AREA COUNCIL OF GOVERNMENTS (H-GAC) AND TEXAS ASSOCIATION OF SCHOOL BOARDS (TASB) FOR THE ACQUISITION OF ELEVEN (11) VEHICLES, TEN (10) TRUCKS AND TWO (2) PIECES OF EQUIPMENT FOR THE CITY OF DENTON UTILITY DEPARTMENTS; AND PROVIDING AN EFFECTIVE DATE (FILE 4891-PURCHASE OF VEHICLES AND EQUIPMENT FOR CITY OF DENTON UTILITY DEPARTMENTS AWARDED TO NUMEROUS VENDORS FOR A GRAND TOTAL AWARD OF $2,582,948.96). WHEREAS, pursuant to Ordinance 95-107, the Houston-Galveston Area Council of Governments (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, 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 Houston-Galveston Area Council of Governments (H-GAC) and Buy Board Cooperative Purchasing Network 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. ITEM NUMBER VENDOR AMOUNT 1 Buy Board/Southwest International Trucks Inc. $ 65,408.52 2-3 Buy Board/Grapevine Dodge $ 101,998.00 4 John Deere $ 55,309.08 5-12 Buy Board/Caldwell Chevrolet $ 151,130.00 13 H-GAC/EKA Inc. $ 62,271.36 14-23 Buy Board/Rush Truck Center Crane $1,386,922.00 15,17,18 Buy Board/McNeilus Truck and Manufacturing Co. $ 282,035.00 19-23 H-GAC/DaDee Mfg LLC $ 477,875.00 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 or Buy Board 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 above listed agencies, 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 -GAC or Buy Board, 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 or Buy Board, quantities and specified sums contained SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under File 4891 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. 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 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2012. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ 3-ORD-File 4891 AGENDA INFORMATION SHEET AGENDA DATE: February 7, 2012Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Vance Kemler at 349-8044 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract through the Buy Board Cooperative Purchasing Network for the acquisition of Residential Refuse and Recycling Carts for the City of Denton Solid Waste Division; and providing an effective date (File 4845-Purchase of Refuse and Recycling Carts awarded to Rehrig Pacific Company in the amount of $791,322.72). The Public Utilities Board recommends approval (7-0). FILE INFORMATION The Solid Waste Department must purchase additional refuse and recycling carts due to residential growth in the city of Denton, to serve customers within newly annexed areas within the city, and to upsize and replace older carts currently in service. Large 95 gallon refuse carts are being ordered because inventory levels are critically low. The current large cart inventory is below 250 units, which is projected to potentially last from two to three months. The Solid Waste Department currently provides two recycling cart sizes, 65 and 35 gallon volume, but over the past several years, the department has only ordered the large recycling cart. The City began curbside recycling services in 2002, using only the small recycling cart. Then, several years ago we began providing the large recycling cart as the smaller carts needed replacing, and it has now become our standard size cart. The 65 gallon recycling carts provide increased recycling volume, better cart stability, and more efficient handling by the collection arms on the solid waste trucks. Therefore, due to customer preference, and operating performance, we no longer stock and replace the small 35 gallon recycling carts. The City of Denton Solid Waste Department is also planning to provide residential curbside recycling collection services beginning in November 2012. These services are currently provided by Allied Waste Services. Therefore, additional recycling carts are needed to gear up for the implementation of the program. There will be an educational campaign and advertising to promote the City of Denton as the service provider. Prior to providing curbside recycling collection services, the City plans to replace current all carts with the large 65 gallon recycling cart. This will provide citizens with the capacity needed for additional recyclables, and enable the City to begin providing a premium curbside recycling service. Agenda Information Sheet February 7, 2012 Page 2 FILE INFORMATION (CONTINUED) All carts will be equipped with Radio Frequency Identification (RFID) tags for monitoring service frequency and location purposes. RECOMMENDATION Approve the purchase of 4,374 refuse carts and 12,852 recycling carts through the Buy Board Cooperative Purchasing Network from Rehrig Pacific Company in the amount of $791,322.72. PRINCIPAL PLACE OF BUSINESS Rehrig Pacific Company Dallas, TX ESTIMATED SCHEDULE OF PROJECT Delivery of the carts is estimated to be PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On January 9, 2012, the Public Utilities Board recommended approval to forward this item to the City Council for consideration. FISCAL INFORMATION The fiscal year 2011-2012 Solid Waste Department Capital Improvement Program provides for Certificate of Obligation bond funding for the carts. Account 660038593.1350.30100 will be used to fund the purchase of the refuse carts in the amount of $207,785.72. Account 660048593.1350.30100 will be used to fund the recycling carts in the amount of $583,537.00. Requisition #106749 has been entered in the Purchasing software system. EXHIBITS Exhibit 1: Rehrig Pacific Company Proposal Exhibit 2: Public Utilities Board Minutes Agenda Information Sheet February 7, 2012 Page 3 Respectfully submitted: Antonio Puente, Jr., 349-7283 Assistant Director of Finance 1-AIS-File 4845 Exhibit 1 Exhibit 2 DRAFT MINUTES 1 PUBLIC UTILITIES BOARD 2 3 January 9, 2012 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is 6 present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on 7 Monday, January 9, 2012 at 9:00 a.m. in the Service Center Training Room, City of Denton 8 Service Center, 901-A Texas Street, Denton, Texas. 9 10 Present: Chair Dick Smith, Vice Chair Bill Cheek, Randy Robinson, Phil Gallivan, 11 Barbara Russell, Leonard Herring, and John Baines 12 13 Ex Officio Members: George Campbell, City Manager, Jim Coulter Director Water Utilities 14 15 Absent excused: Howard Martin, ACM Utilities 16 OPEN MEETING: 17 18 ITEMS FOR INDIVIDUAL CONSIDERATION: 19 20 21 All consent agenda items were pulled and placed on items for individual consideration. 22 23 5)Give a report, hold a discussion and provide staff direction regarding approval for the 24 25 Buy Board Cooperative Purchasing Program in the amount of $207,785.72 and residential 26 27 Cooperative Purchasing Program in the amount of $583,537.01 for a total purchase of 28 $791,322.72. 29 30 Vance Kemler, General Manager Solid Waste, talked about this item. The difference this year 31 on cart purchases is the dollar large amount. This year staff is combining the recycling and trash 32 carts for the purchase. Solid Waste has had the recycling carts in the field over nine years. The 33 general life on these carts is ten years. We are not only purchasing carts for increased new 34 accounts but for replacements as well. We have had a substantial increase in people moving to 35 larger carts on the recycling side. We have 28, 693 homes that solid waste provides carts too, 36 recycling and trash. We have had 615 new home accounts. There are 407 homes downsized 37 their trash carts. Due to the increase in recycling and the materials that can be recycled, staff is 38 moving to a larger sixty gallon cart. There were 1,100 homes that increased their recycling cart 39 size from the original size of thirty five gallon to sixty gallon. Staff has stopped purchasing the 40 smaller recycling carts; only purchase the larger sixty gallon now. Smith asked what does solid waste do with the old carts 41 . Kemler answered they are recycled. 42 Staff has recycled in several fashions. Sometimes it has been with the cart manufacturer, they 43 take the carts and chop them up and make new carts. It depends on how much money solid 44 waste will get as to which avenue is taken. 45 . Kemler stated that we 46 already have carts with the RFID tags in them. Staff started purchasing the ID tags about two Draft Minutes of the Public Utilities Board Meeting January 9, 2012 Page 2 of 2 1 years ago and started rolling them out into the market place. When there are more out there we 2 can identify were the carts are and know which carts were not picked up. Herring stated that he noticed that solid waste wanted to stay with the same manufacturer 3 for continuity 4 . The buy board brought in the current provider, what was the low bid on this 5 project. Kemler stated that staff priced in house several of the cart manufactures. The Rehrig 6 cart was the low bid and was the provider on the buy board. They operate out of Dallas, Texas. 7 Spare parts are also considered in the process. Since Rehrig is in the area it is easier to get those Herring reiterated that Rehrig was low bid and is the current provider 8 spare parts. . Kemler 9 stated that they are; solid waste has used another manufacture for recycling carts, this time 10 Rehrig was the best value. Rehrig will provide both carts. 11 Board Member Gallivan moved to approve item 3 with a second from Board Member 12 Robinson. The motion was approved by a 7-0 vote. 13 14 15 Adjournment at 10:56 am ORDINANCE NO. ___________ AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A CONTRACT THROUGH THE BUY BOARD COOPERATIVE PURCHASING NETWORK FOR THE ACQUISITION OF RESIDENTIAL REFUSE AND RECYCLING CARTS FOR THE CITY OF DENTON SOLID WASTE DIVISION; AND PROVIDING AN EFFECTIVE DATE (FILE 4845-PURCHASE OF REFUSE AND RECYCLING CARTS AWARDED TO REHRIG PACIFIC COMPANY IN THE AMOUNT OF $791,322.72). 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. office of the Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: FILE NUMBER VENDOR AMOUNT 4845 Rehrig Pacific Company $791,322.72 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 Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the Buy Board Cooperative Purchasing Network, and related documents herein approved and accepted. SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under the File 4845 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. 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 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this ________ day of ______________, 2012. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ 4-ORD-File 4845 AGENDA INFORMATION SHEET AGENDA DATE: February 7, 2012Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Vance Kemler at 349-8044 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute a three year Professional Services Agreement (PSA) with Coleman and Associates Land Surveying for ground surveying services for the City of Denton Landfill, and providing for an effective date (File 4858Ground Surveying Services for City of Denton Landfill awarded to Coleman and Associates Land Surveying in an amount not to exceed $350,000). The Public Utilities Board recommends approval (6-1). FILE INFORMATION that has provided annual ground surveying services at the CLandfill dating back to 1998, therefore maintaining an extensive Landfill surveying database history for this period. The Coleman & Associates staff is familiar with the City of Denton Landfill and the C operational practices, works well with the Landfill staff, and provides their work product in a timely manner. Survey information obtained from the quarterly surveys and reports provided by Coleman and Associates is utilized by staff to achieve efficient use of Landfill airspace, meet operational goals, and provide the Texas Commission on Environmental Quality (TCEQ) the reporting information necessary to maintain compliance with the C permit and solid waste regulations. This contract is for Coleman & Associates to conduct the quarterly surveys of the Landfill and provide the survey data needed for completion of the quarterly and annual TCEQ reports for fiscal years 2012-2014. In addition, Coleman & Associates will provide surveying services as needed in the conduct of normal Landfill operations (wells, pipelines, drainage, etc.). RECOMMENDATION Approve a three year contract with Coleman and Associates, Inc. in an amount not to exceed $350,000. PRINCIPAL PLACE OF BUSINESS Coleman and Associates, Inc. Denton, TX Agenda Information Sheet February 7, 2012 Page 2 ESTIMATED SCHEDULE OF PROJECT This is a three year contract which will expire on September 30, 2014. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On January 9, 2012, the Public Utilities Board recommended approval to forward this item to the City Council for consideration. FISCAL INFORMATION The services will be funded from operating account 660300.7879. Requisition #105701 has been entered in the Purchasing software system for the first year of service. EXHIBITS Exhibit 1: Public Utility Board Minutes Respectfully submitted: Antonio Puente, Jr., 349-7283 Assistant Director of Finance 1-AIS-RFP 4858 Exhibit 1 DRAFT MINUTES 1 PUBLIC UTILITIES BOARD 2 3 January 9, 2012 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is 6 present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on 7 Monday, January 9, 2012 at 9:00 a.m. in the Service Center Training Room, City of Denton 8 Service Center, 901-A Texas Street, Denton, Texas. 9 10 Present: Chair Dick Smith, Vice Chair Bill Cheek, Randy Robinson, Phil Gallivan, 11 Barbara Russell, Leonard Herring, and John Baines 12 13 Ex Officio Members: George Campbell, City Manager, Jim Coulter Director Water Utilities 14 15 Absent excused: Howard Martin, ACM Utilities 16 OPEN MEETING: 17 18 ITEMS FOR INDIVIDUAL CONSIDERATION: 19 20 21 All consent agenda items were pulled and placed on items for individual consideration. 22 23 1)Consider recommendation of approval of a Professional Services Agreement for Surveying 24 Services by and between the City of Denton, Texas and Coleman & Associates Land 25 Surveying, Denton, Texas for surveying and mapping services for the City of Denton 26 Landfill for a period of three years in an amount not-to- exceed $350,000. 27 This item was pulled by Chair Smith. Smith asked what the difference was in this contract 28 and the contract that was brought to the PUB meeting on December 12, 2011 29 . Kemler 30 stated that originally when surveying was brought forward Herring pointed out that the 31 requirement for insurance was too lax and if we could improve on that. Kemler went to risk 32 management and discussed and they agreed to take it to A-. The next item was on engineering 33 agreements; the procurement staff would like to see more than a one year contract. Rather than 34 have that one year contract it has been changed to a three year agreement. This represents a 35 three year agreement so the dollar amount does seem to be large. Last year the agreement was 36 for $85,000 the amount of surveying depends on what projects that staff has going on 37 particularly with the permit amendment, there will be additional expenses. In three years, staff 38 believes it will not exceed $350,000. Gallivan stated it seems like a large amount of money, 39 normally $85,000-$95,000 has been spent per year. Kemler agreed, he further explained that the 40 work that has to be completed on the permit amendment and the fact that all of the property is Gallivan asked if the three year 41 not platted only a partial amount is adds to the cost as well. sets precedence that other contracts will have the three year terms on them, it seems long 42 . 43 Kemler stated that there have been other contracts that have been using multi-year; there are Gallivan added that 44 some consulting specialties that would be more appropriate than others. there is a thirty day out of the contract 45 . Kemler stated that the landfill manager believes that 46 Coleman does an excellent job. A problem with transferring to other surveying groups would be 47 a training period that has value and cost. Staff believes it is reasonably priced for the services Draft Minutes of the Public Utilities Board Meeting January 9, 2012 Page 2 of 2 Herring asked if they have professional liability insurance 1 they provide. . Mike Copeland, 2 Utility Attorney, stated they have $1 million in professional liability insurance. Vice Chair 3 Cheek asked if this is an annual renewal or if it is good for the three years. Kemler stated that is 4 one year at a time, it will be extended every year. Cheek asked if it has to be brought back to this 5 Board or City Council every year. Kemler answered no, if it is approved it will be for the 6 $350,000 for the three year period. If staff decided not to use them for year two or three, they 7 would advise the Board. George Campbell, City Manager, added or if the amount had to be 8 increased it would be brought back. Kemler agreed. 9 Board Member Gallivan moved to approve item 1 with a second from Board Member 10 Baines. The motion was approved by a 6-1 vote. (Cheek opposed) 11 12 13 Adjournment at 10:56 am ORDINANCE NO. 2012-________ AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE YEAR PROFESSIONAL SERVICES AGREEMENT (PSA) WITH COLEMAN AND ASSOCIATES LAND SURVEYING FOR GROUND SURVEYING SERVICES FOR THE CITY OF DENTON LANDFILL, AND PROVIDING FOR AN EFFECTIVE DATE (FILE 4858GROUND SURVEYING SERVICES FOR CITY OF DENTON LANDFILL AWARDED TO COLEMAN AND ASSOCIATES LAND SURVEYING IN AN AMOUNT NOT TO EXCEED $350,000). WHEREAS, the City Council deems that it is in the public interest to engage the surveying firm of Coleman & Associates Land Surveying (Coleman), Denton, Texas to provide professional surveying services for the City of Denton, Texas that are related to the Denton Solid Waste Department Denton Landfill; and WHEREAS, the Public Utility Board of Denton considered this item at its January 9, 2012 meeting and recommended approval by a vote of 6-1; and WHEREAS, City staff has reported to the City Council that there is a substantial need for the above-referenced professional surveying, and that limited City staff cannot adequately perform the specialized services and tasks with its own personnel; and WHEREAS, Chapter 2254 of the Texas Government Code, known as the y not select a provider of professional services on the basis of competitive bids, but must select the provider on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The preamble to this ordinance is incorporated herewith by reference as a part of this ordinance. SECTION 2. The City Manager is hereby authorized by the City Council to execute Professional Services Agreement for Agreement Coleman & Associates Land Surveying, Denton, Texas, for professional surveying services related to the Denton Solid Waste Department, for a fee of not-to-exceed $350,000; in substantially the form of the Agreement that is attached hereto and incorporated herewith by reference. SECTION 3. The award of this Agreement by the City is on the basis of the demonstrated competence, knowledge, and qualifications of Coleman and the demonstrated ability of Coleman to perform the services needed by the City for a fair and reasonable price. SECTION 4. The expenditure of funds as provided in the attached Agreement is hereby authorized. SECTION 5. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under File 4858 to the City Manager of the City of Denton, Texas, or his designee. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ______ day of __________________, 2012. ________________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: __________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ 3-ORD-File 4858 AGENDA INFORMATION SHEET AGENDA DATE: February 7, 2012Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Emerson Vorel at 349-7460 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance accepting bids and awarding a public works contract for the construction of Pedestrian Trails and Sidewalk Improvements at the City of Denton Quakertown Park; providing for the expenditure of funds therefor; and providing an effective date (Bid 4885- awarded to JDC Construction Company in the amount of $145,776). BID INFORMATION This bid is for the construction of approximately 3,700 linear feet of perimeter eight foot sidewalks along Bell, Withers and Oakland Streets along with interior trails in Quakertown Park. The walks and trails will meet current American Disability Act (ADA) accessibility requirements and provide safe access and connectivity t Building, and the Emily Fowler Public Library. The trails will also enhance special events at the park by providing paved walking surfaces throughout the event area. Responses were received from sixteen prospective bidders. JDC Construction Company was determined to be the lowest responsive bidder meeting specification (Exhibit 1). Local preference does not apply since the bid award amount is more than $100,000. RECOMMENDATION Award a public works contract for Bid 4885 to the lowest responsive bidder meeting specification, JDC Construction Company in the amount of $145,776. PRINCIPAL PLACE OF BUSINESS JDC Construction Company Wylie, TX ESTIMATED SCHEDULE OF PROJECT This project is expected to begin in late February 2012 with a completion time of ninety working days. Agenda Information Sheet February 7, 2012 Page 2 FISCAL INFORMATION The project will be funded partially from Community Development Block Grant funds account 400118444.1365.40100 in the amount of $73,000. The remaining $72,776 will be allocated from 2005 Capital Improvement Program funds, account 400118451.1360.40100. Requisition #106717 has been entered in the Purchasing software system. EXHIBITS Exhibit 1: Bid Tabulation Respectfully submitted: Antonio Puente, Jr., 349-7283 Assistant Director of Finance 1-AIS-RFP 4885 Exhibit 1 BID #: 4885 Quakertown Park Sidewalk Trail Improvement Project Title: Date: 1/10/2012 Buyer: Jody Hays Principal Place of No. RespondentBase BidBid BondAddendum # 1 Business 1JDC Construction, Co.Wylie, TX$145,776.00YesYes 2Caliber Construction Inc.Denton, TX$146,954.32YesYes 3Redden Concrete Inc.Blue Ridge, TX$151,501.00YesYes 4SFCC, Inc.Farmers Branch, TX$163,672.71YesYes 5Rhome, TX$165,444.00YesYes 2 L Construction, LLC 6Lewisville, TX$165,990.50YesYes Ratliff Hardscape, LTD 7Estrada Concrete CompanyDallas, TX$169,733.00YesYes 8Overland Services, Inc.Addison, TX$186,250.05YesYes 9Pilot Point, TX$188,504.89YesYes JDK Associates, Inc. 10Fort Worth, TX$190,145.45YesNo C. Green Scaping, LP 11Northstar ConstructionFort Worth, TX$196,276.00YesYes 12CBS Mechanical, Inc.Denton, TX$208,991.00YesYes 13Cleburne, TX$213,621.55YesNo Wall Enterprises 14Metro-Plex UndergroundLewisville, TX$214,004.55YesYes 15Irricon ConstructionPlano, TX$219,033.25YesYes 16Empire Civil Construction, LLCWaxahachie, TX$220,000.00YesYes ORDINANCE NO. _________ AN ORDINANCE ACCEPTING BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF PEDESTRIAN TRAILS AND SIDEWALK IMPROVEMENTS AT THE CITY OF DENTON QUAKERTOWN PARK; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4885-AWARDED TO JDC CONSTRUCTION COMPANY IN THE AMOUNT OF $145,776). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 4885 JDC Construction Company $145,776 SECTION 2. The acceptance and approval of the above competitive bids shall not 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. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under Bid 4885 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. Upon acceptance and approval of the above competitive bids 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 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2012. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ 3-ORD-Bid 4885 AGENDA INFORMATION SHEET AGENDA DATE: February 7, 2012 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Kevin Gunn at 349-8595 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance accepting competitive proposals and awarding a contract for Virtual Desktop Infrastructure expansion for the City of Denton Technology Services Division; providing for the expenditure of funds therefor; and providing an effective date (RFP 4819-Contract for Virtual Desktop Infrastructure Expansion awarded to INX, LLC. in the amount of $786,271.61, inclusive of interest charges over the three year lease period.) RFP INFORMATION In previous years, desktop computer purchases were leased due to the cost of replacing a large quantity at one time. Leasing spread the cost over a three-year period which stabilized budgeting for desktop computers and provided a mechanism for refreshing the technology periodically. The last desktop computer lease was begun September 2006 and completed in fiscal year 2009-2010. Recent economic conditions prompted the City to retain the leased equipment and delay purchasing new desktop computers. The current desktop computers are now five years old and are deployed across all City departments to support daily operations. Replacing these computers is high priority to continue using current technology and avoid disruptions due to a large number of unplanned equipment failures. The Technology Services Department developed a plan to replace the desktop computers with new technology, Virtual Desktop Technology , which maintains a high level of reliability and service, as well as reducing the cost of desktop computers deployed across the City departments. Virtual Desktop Technology uses centralized servers to host Windows desktop operating systems for multiple end users. This arrangement requires an investment in server infrastructure to be shared by all of the VDT users. A low-k is used to attach keyboard, mouse, monitor and Universal Serial Bus (USB) devices. The advantage of this arrangement is reduced cost over the lifetime of the technology, centralized management, and remote access. The cost per desktop for VDT is comparable to traditional desktop computers of similar specifications. The cost per desktop for the proposed VDT procurement is $848. A comparable traditional desktop quoted from Dell Computers is $820. However, considering server technology for hosting VDT is constructed to last six to seven years, a single VDT purchase would span two traditional desktop Personal Computer (PC) replacement cycles. Therefore, the VDT technology saves significant capital investment compared to traditional desktop computers. Agenda Information Sheet February 7, 2012 Page 2 RFP INFORMATION (CONTINUED) Technology Services conducted a pilot project with VDT to validate the technology for City of Denton operations. The pilot project started with 20 VDT desktops and expanded to over 200 VDT desktops currently in use in a broad range of department operations including Public Safety, Denton Municipal Electric, Customer Service and General Government. The pilot project verified that VDT is appropriate for a broad range of desktop computing for City of Denton departments. However, not all desktops can immediately be replaced by VDT. For example, Computer Aided Design (CAD) workstations and Geographic Information Science (GIS) workstations require intensive graphics processing which is beyond the VDT technology. The results of the VDT pilot project were evaluated and Technology Services recommended deploying VDT for most desktop computing situations. This recommendation was reviewed and confirmed by the Technology Steering Committee members. The City of Denton leadership team also agrees with deploying VDT for the next desktop replacement cycle. Since the pilot project produced positive results, Technology Services developed a plan to transition the pilot project to full production encompassing 900 desktops. Additional servers, disk storage capacity, desktop devices and software licenses are required to expand to 900 desktops. Request for Proposal (RFP) #4819 was released to the public on September 21, 2011, and advertised requesting the additional equipment, licenses, installation services, and three years of annual maintenance. Numerous vendors submitted questions about the RFP, but only one response was received. Original pricing submitted included: Labor and Installation $ 98,800.00 Cisco Systems Products $569,595.74 Maintenance 3 years $115,525.94 $783,921.68 Total to be financed: -respondent. The negotiation resulted in a net savings of $21,143.04 for the City of Denton, as detailed in Exhibit 1. Labor and Installation $ 78,400.00 Cisco Systems Products $544,150.46 Maintenance 3 years $140,228.18 $762,778.64 Total to be financed: The response included an option for a three year lease purchase of the equipment, through Key Government Finance, Inc. The lease purchase interest rate is 2.83 percent which compares favorably to current rates for bond issuance and totals $23,492.97 over the three year lease period. Agenda Information Sheet February 7, 2012 Page 3 RECOMMENDATION Staff recommends proceeding to full production deployment of VDT technology for most City of Denton desktop computing. In addition, staff recommends awarding RFP 4819 to INX, LLC and entering into a three year lease purchase agreement with Key Government Finance, Inc. After conclusion of the RFP process, and prior to City Council action, the shares of INX Inc. were acquired by Presidio, Inc. As a result of the share acquisition, INX Inc., a Delaware Corporation, became a wholly owned subsidiary of Presidio Networked Solutions, Inc. INX Inc. was then converted into a Delaware limited liability company. INX, LLC continues to hold the assets and contracts that it held as INX Inc. PRINCIPAL PLACE OF BUSINESS INX, LLC. Lewisville, TX ESTIMATED SCHEDULE OF PROJECT The project timeline is detailed in the RFP document with an estimated completion date of April 30, 2012. This schedule is contingent on vendor equipment and staffing availability and may be adjusted by mutual agreement. FISCAL INFORMATION Funding for the first of three annual lease payments in the amount of $262,090.54 is budgeted in the current fiscal year in Technology Services Fund operating account number 830001.8545. Requisition #106370 has been entered in the Purchasing software system. EXHIBITS Exhibit 1: Best and Final Offer Pricing Exhibit 2: INX, LLC. Contract Exhibit 3: Key Government Finance Lease Financing Documents Respectfully submitted: Antonio Puente, Jr., 349-7283 Assistant Director of Finance 1-AIS-RFP 4819 Exhibit 2 Exhibit 3 to the AIS ORDINANCE NO. _________ AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A CONTRACT FOR VIRTUAL DESKTOP INFRASTRUCTURE EXPANSION FOR THE CITY OF DENTON TECHNOLOGY SERVICES DIVISION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 4819-CONTRACT FOR VIRTUAL DESKTOP INFRASTRUCTURE EXPANSION AWARDED TO INX, LLC. IN THE AMOUNT OF $786,271.61, INCLUSIVE OF INTEREST CHARGES OVER THE THREE YEAR LEASE PERIOD. WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for the in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and reviewed and recommended that the herein described proposals are the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The items in the following numbered request for proposal for materials, Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals. RFP NUMBER CONTRACTOR AMOUNT 4819 INX, LLC. $786,271.61 SECTION 2. By the acceptance and approval of the above numbered items of the submitted proposals, the City accepts the offer of the persons submitting the proposals for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Proposal Invitations, Proposals, and related documents. SECTION 3. Should the City and person submitting approved and accepted items and of the submitted proposals wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the proposals, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Proposal and related documents herein approved and accepted. SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under the RFP 4819 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. 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 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2012. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:____________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ 5-ORD-RFP 4819 AGENDA INFORMATION SHEET AGENDA DATE: February 7, 2012Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Mike Ellis 349-8424 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance accepting competitive bids by way of an Interlocal Agreement with Tarrant County and awarding a contract for the purchase of Gasoline and Diesel Fuel; providing for the expenditure of funds therefor; and providing an effective date (File 4492 Interlocal Agreement for Gasoline and Diesel Fuel with Tarrant County, contract awarded to Douglass Distributing Company, in the annual estimated amount of $5,300,000). FILE INFORMATION An Interlocal Agreement for Cooperative Purchasing was approved on June 16, 1998, with Tarrant County allowing the City of Denton to participate in Tarrant County contracts for the supply of goods and services. Under this Interlocal Agreement, bids were solicited for an annual contract to supply gasoline and diesel fuel. The bid is awarded based upon the mark-up charged by the supplier. The actual price of fuel will vary depending upon the DFW Oil Price Information Services Index (DFW OPIS) posted at the terminal the day fuel is picked up. The actual price will be the DFW OPIS daily average fuel price for fuel in a non-attainment area plus the markup amount. The City of Denton will receive the benefit of lower pricing by pooling its buying power through participation in this Interlocal Agreement. Fuel is delivered to the Service Center and Solid Waste Fuel Facility in 8,000-gallon tanker loads and to remote sites or jobsites in smaller quantities. On December 27, 2011, Tarrant County received notification from its primary awarded fuel supplier, Martin Eagle Oil Company, that it was terminating its contract effective January 27, 2012. decision was due to the non- renewal of the ethanol tax credit for gasoline although diesel fuel was not affected. Therefore, on January 17, 2012, the Tarrant County Commissioners Court canceled the award of Bid 2010-046 to Martin Eagle Oil Company and awarded it to the secondary vendor, Douglass Distributing Company (Exhibit 1). In order to maintain an acceptable level of fuel delivery, the City of Denton Fleet Services Division recommends continuing its participation in this cooperative purchasing agreement by contracting with Douglass Distribution Company. Agenda Information Sheet February 7, 2012 Page 2 FILE INFORMATION (CONTINUED) Continuation of this contract will allow staff an opportunity to evaluate all options available to the City of Denton. If more options are available, staff will present them to the City Council at a future date. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The City Council approved an Interlocal Agreement with Tarrant County on June 16, 1998 (98- 175). Tarrant County Commissioners Court approved the award of Bid 2010-046 to Martin Eagle Oil Company, on April 6, 2010. The City Council approved award of this bid to Martin Eagle Oil Company, on April 10, 2010. Tarrant County Commissioners Court canceled the award of Bid 2010-046 to Martin Eagle Oil Company on January 17, 2012, and awarded it to the secondary vendor, Douglass Distributing Company. RECOMMENDATION Staff recommends awarding a contract to Douglass Distributing Company in the DFW OPIS daily average fuel price for fuel in a non-attainment area plus the markup amounts shown on the attached bid tabulations for gasoline and diesel fuel for an estimated annual amount of $5,300,000. PRINCIPAL PLACE OF BUSINESS Douglass Distributing Company Sherman, TX ESTIMATED SCHEDULE OF PROJECT The bid awarded through this Interlocal Agreement will expire on April 6, 2012, at which time there will be four (4) options to renew contingent upon all pricing, terms and conditions remaining the same. Tanker loads of fuel can be delivered within a 24-hour notice. Smaller quantities can be delivered within the same time period. FISCAL INFORMATION Fuel is purchased from Fleet Services Operating Budget accounts 820100.6408 and 820100.6410 (Gasoline) and 820100.6418 and 820100.6420 (Diesel). This cost is then charged back to the using department. Agenda Information Sheet February 7, 2012 Page3 EXHIBITS Exhibit 1: Tarrant County Notice of Award to Douglass Distributing Company Respectfully submitted: Antonio Puente, Jr., 349-7283 Assistant Director of Finance 1-AIS-File 4492 Exhibit 1 ORDINANCE NO. ___________ AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN INTERLOCAL AGREEMENT WITH TARRANT COUNTY AND AWARDING A CONTRACT FOR THE PURCHASE OF GASOLINE AND DIESEL FUEL; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 4492INTERLOCAL AGREEMENT FOR GASOLINE AND DIESEL FUEL WITH TARRANT COUNTY, CONTRACT AWARDED TO DOUGLASS DISTRIBUTING COMPANY, IN THE ANNUAL ESTIMATED AMOUNT OF $5,300,000). WHEREAS, on February 1, 2011, the Commissions Court, through Court Order #109759, approved the first renewal option of Bid No. 2010-046, Annual Contract for Fuels, to the following vendors: Primary: Martin Eagle Oil Company, Secondary: Douglass Distributing Company; and WHEREAS, the awards were based upon overall low bid meeting specifications and contained options to renew for five (5) additional twelve (12) month periods at the same prices; and WHEREAS, per bid specifications, either party upon written thirty (30) days notice prior to cancellation may terminate the contract; on December 27, 2011, the primary vendor, Martin Eagle Oil Company, submitted a request to end the contract and the secondary vendor, Douglass Distributing Company, agreed in writing to accept primary award with their prices from the original award, effective from January 27, 2012 through April 6, 2012; and WHEREAS, pursuant to Ordinance 95-175, Tarrant County, Texas has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedure of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies or services can be purchased by the City through the Tarrant County Cooperative Purchasing programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Annual Contract for Fuels, made to Martin Eagle Oil Company is hereby cancelled. SECTION 2. The numbered items in the following numbered purchase order for and on file in the office of the Purchasing Agent are hereby accepted and approved as being the lowest responsible bids for such items: FILE NUMBER VENDOR AMOUNT 4492 Douglass Distributing Company $5,300,000 SECTION 3. By the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City accepts the offer of the persons submitting the bids to Tarrant County for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with Tarrant County (Bid 2010-046), and the purchase orders issued by the City. SECTION 4. Should the City and persons submitting approved and accepted bids awarded by the Tarrant County, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the Tarrant County, quantities and nd related documents herein approved and accepted. SECTION 5. By the acceptance and approval of the above numbered items set forth, 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 6. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this __________ day of ________________, 2012. __________________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ 3-ORD-4492 AGENDA INFORMATION SHEET AGENDA DATE: February 7, 2012Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Phil Williams at 349-8487 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance accepting competitive proposals and awarding a contract for Tree Trimming Services for Denton Municipal Electric (DME); providing for the expenditure of funds therefor; and providing an effective date (RFP 4825Electric Utility Line Tree Trimming Services awarded to ABC Professional Tree, Inc., in an amount not to exceed $2,000,000). The Public Utilities Board recommends approval (5-0). RFP INFORMATION Tree trimming is required to maintain clearance from overhead lines according to industry standards. The amount of trimming to be performed on an annual basis is estimated based on recent performance and expected construction projects. Tree Trimming services provide the following benefits to Denton Municipal Electric: 1.Trimming individual feeders as projects ensures that the entire feeder is trimmed for the best value. 2.Accessibility will be easier for crews to perform routine maintenance on the overhead lines and structures. 3.Accessibility of easements on new construction projects. 4.During thunderstorms, ice storms, and high winds damage will be less likely to happen if the vegetation around the overhead power lines is maintained to the electric industry standard. Request for Proposals were sent to fourteen (14) prospective suppliers. One proposal from ABC Professional, Inc. was received. Confidential negotiations were completed and a Best and Final Offer (BAFO) was requested from ABC Professional Tree, Inc. The BAFO resulted in a $74,261 savings for the designated projects identified in Section I of the Request for Proposal (Exhibit 1). Currently, ABC Professional Tree, Inc. is a well-established business and has provided quality work for the City of Denton in the past. They have provided a consistent, stable work force and a Certified Arborist to supervise the crews. Since using this contractor, DME has trimmed many miles of lines with fewer complaints per mile of line trimmed. Agenda Information Sheet February 7, 2012 Page 2 PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On January 9, 2012, the Public Utilities Board (PUB) recommended approval to forward this item to the City Council for consideration. The P recommendation was for a four (4) year contract but requested that prior to annual automatic renewals staff should present a report to the PUB on the status of the contract (Exhibit 2). RECOMMENDATION Staff recommends approval of a four year contract with annual automatic renewals. Staff will present a report on the status of the contract to the PUB prior to each renewal. A four year contract provides continuity of this vital service, and secures pricing for the future, which is indexed per agreement to market forces, to ensure price stability. This particular service field has experienced significant turn-over, and is highly labor intensive. Previous contractors utilized by the City did not perform to acceptable standards and this resulted in increased outages of electric service. Securing this contractor with a long-term agreement will ensure continuity of service at acceptable standards, and reliability of the electric system for the citizens of Denton. In addition, the risk to staff members constantly responding to tree-related outages, in less than optimal conditions, could be significant, and the risks associated with such emergency response events are lessened with an effective tree trimming program. PRINCIPAL PLACE OF BUSINESS ABC Professional Tree, Inc. Houston, TX ESTIMATED SCHEDULE OF PROJECT This project is expected to begin in late February 2012. FISCAL INFORMATION Funding for this service is allocated in Denton Municipal Electric Operating budget account 600200.7899.5830 or appropriate Capital Project accounts. Purchase Orders will be issued on an as needed basis. EXHIBITS Exhibit 1: Pricing Sheet Exhibit 2: Public Utility Board Draft Minutes Agenda Information Sheet February 7, 2012 Page 3 Respectfully submitted: Antonio Puente, Jr., 349-7283 Assistant Director of Finance 1-AIS-RFP 4825 EXHIBIT 1 ABC PROFESSIONAL TREE SERVICES RFP 4825 Pricing Sheet Electric Utility Line Tree Trimming Servi SECTION I- DESIGNATED PROJECTS: Furnish all supervision, labor, traffic control personnel, material, supplies, tools, equipment and transportation to trim and remove trees, brush, and vines as needed to comply with DME Tree Trimming Specifications for the following projects: ItemType of Service Requested UOMOriginal PricingRevised Pricing $4,500.00 ALSJim Christal 211 Feeder $17,500.00 BLSJim Christal 212 & 222 Feeders- Primarily a Double Circuit $60,000.00$5,500.00 LSJim Christal 213 & 223 Feeders - Primarily a Double Circuit C $4,500.00 DLSJim Christal 221 Feeder $500.00 LSRay Wells 212 Feeder E $4,061.00 FLSRay Wells 213 Feeder $5,900.00 LSArco 211 Feeder G $2,350.00 HLSArco 221 Feeder $57,861.00$38,100.00 LSDenton North 213 Feeder I $5,100.00 JLSIndustrial 221 Feeder $13,200.00 LSTeasley 222 Feeder K $2,900.00 LLSPockrus 212 Feeder SECTION II - FOUR YEAR CONTRACT FOR ELECTRIC UTILITY TREE TRIMMING SERVICES Furnish all supervision, labor, traffic control personnel, material, supplies, tools, equipment and transportation to trim and remove trees, brush, and vines as needed to comply with DME Tree Trimming Specifications. Revised Hourly Rate ItemType of Service Requested UOMOriginal Hourly Rate Aerial Lift Crew Rate: Hourly labor and equipment for 55' minimum ariel working height with one crew A with three persons (one working Foreman with CDL, one qualified line clearance tree trimmer with CDL and one trimmer trainee or groundman) 1HROne Crew at Standard hourly rate (with 8 hours advance notice) $110.10 HROne Crew at Emergency hourly rate( with less than 8 hours notice) 2 $155.00 Trim and Brush Pick-up Rate: Hourly labor and equipment for one crew with two persons (one B working foreman with CDL and one ground man) HROne Crew at Standard hourly rate 1 $81.80 2HROne Crew at Overtime hourly rate $122.70 Individual Labor and Equipment Rates: C Hourly labor or equipment rates as needed $45.50 standard hourly rate 1HRSupervisor Tree Trimmer - $68.25 HRovertime hourly rate 2Supervisor Tree Trimmer - $28.30 standard hourly rate 3HRForeman Tree Trimmer (climbing) - EXHIBIT 1 $42.45 HRovertime hourly rate 4Foreman Tree Trimmer (climbing)- $24.50 standard hourly rate 5HRLine Clearance Trainee or Groundman/Flagman - $36.75 HRovertime hourly rate 6Line Clearance Trainee or Groundman/Flagman - $28.30 standard hourly rate 7HREquipment Operator (tractor) - $42.45 overtime hourly rate 8HREquipment Operator (tractor) - Aerial Lift with dump bed and disc chipper 75 foot minimum working height and $32.00 HR 9 standard hourly rate associated equipment - Aerial Lift with dump bed and disc chipper 75 foot minimum working height and $32.00 10HR overtime hourly rate associated equipment - Chip Truck, 10 cubic yard covered dump body with disc chipper and associated $24.00 HR 11 standard hourly rate equipment - Chip Truck, 10 cubic yard covered dump body with disc chipper and associated $24.00 12HR overtime hourly rate equipment - $65.00 HRstandard hourly rate 13Tractor, WD with bush hog and associated equipment - $65.00 overtime hourly rate 14HRTractor, WD with bush hog and associated equipment - $7.50 HR- standard hourly rate 15Chipper only (DISC only) $7.50 overtime hourly rate 16HRChipper only (DISC only) - HR- standard hourly rate 15Certified Arborist $ 29.50 overtime hourly rate 16HRCertified Arborist - $ 44.25 HR standard hourly rate 15Standard Pick-up Truck- $ 12.00 overtime hourly rate 16HRStandard Pick-up Truck - $ 12.00 Tree Removal Rates: To be utilized at sole discretion of DME to have contract crews while working on the associated D circuit to remove entire trees as identified by DME. Revised Removal ItemUOMTree DiameterOriginal Removal Rate Rate $35.00 1EA3" - 6" Dbh $210.00 2EA> 6" - 12" Dbh $398.00 3EA> 12" - 18" Dbh $653.00 4EA> 18" Dbh $653.00 6EA> 24-30" Dbh EXHIBIT 1 Herbicide Applications: The company making the application is responsible for the purchase, storage,record keeping and disposal of herbicides. Herbicides will only be applied by qualified applicators. Herbicidecrews, tree crews, and mowing crews are required to have at least one individual on the crew at all times, whois qualified to apply herbicides. A qualified applicator is an individual who has been trained regarding the product and application method, and meets any federal, state, and local laws and regulations. This individual may be required to hold a certified applicators license, or be E under the direct supervision of a certified applicator.This will depend upon state laws and regulations where the application is made. Supervisors of qualified applicators are required to hold a certified applicators license in the state or states in which they supervise crews. A marking agent (die) will be mixed with and used on applications to mark where herbicied has been applied. Revised Application ItemUOMApplicationApplication Rate Rate $109.69 1GalHerbicide Application - Price per gallon. PRICES SHALL INCLUDE DELIVERY, FOB DESTINATION Expedited Payment Discounts Please provide the payment discounts below you may be able to pass on to benefit the City. Payment terms for the City of Denton are typically 30 days. Please indicate the additional discount extended to each monthly invoice that is paid within the time period indicated below. Payment TermsAdditional Discount % Invoice Paid in 20 days Invoice Paid in 15 days Invoice Paid in 10 days Exhibit 2 DRAFT MINUTES 1 PUBLIC UTILITIES BOARD 2 3 January 23, 2012 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is 6 present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on 7 Monday, January 23, 2012 at 9:00 a.m. in the Service Center Training Room, City of Denton 8 Service Center, 901-A Texas Street, Denton, Texas. 9 10 Present: Vice Chair Bill Cheek, Randy Robinson, Phil Gallivan, Barbara Russell, 11 and Leonard Herring 12 13 Ex Officio Members: George Campbell, City Manager; Howard Martin, ACM Utilities 14 15 Absent excused: Chair Dick Smith and John Baines 16 OPEN MEETING: 17 18 19 2)Consider a recommendation of an approval of RFP bid# 4825 and awarding a four year 20 contract for Tree Trimming and Vegetation Management Services to ABC Tree Trimming, 21 Inc. in the amount of $2,000,000. Services will include individual feeder trims, new line 22 construction, and hot spot (emergency) trims. 23 Gallivan asked about the long term contract. If the City is giving a company a four year 24 25 . 26 Phil Williams, General Manager DME, directed the board to look at a chart that showed the 27 spending history of the tree trimming company. Cheek added t 28 renewal, so you are not committed for four years 29 . Elton Brock, Purchasing Manager, 30 explained that the contract is a one year contract with options to renew for four additional years. 31 ntract 32 is based on market index, so we are getting a good price. This company has been doing business 33 with the City of Denton for a long time. Cheek stated the Gallivan added that if you look at the previous years in the $300,000 area and the amount 34 went to $475,000, why would the contract be for $2,000,000 35 . Williams added that staff 36 budgets $500,000 each year, we do not spend unless we need to. If there is a wet year or an ice 37 storm, that amount would rise due to need. The City has been fortunate in the last few years not Cheek asked why are we now calling this a four year when in the past we 38 to need more. have called it a one year with options for renewal 39 . Brock stated that it gives DME the ability 40 to go to City Council and ask for a four year agreement instead of coming back each year and Cheek did not like that option 41 doing so. . Brock stated that it increases efficiency not only with Herring asked when is this bid and how often does 42 the contractor instability but continuity. the Board get to look at other prices from other vendors 43 . Brock stated in this contract, every 44 fifth year. Williams stated that in the previous contract we have looked at one year at a time, the 45 last three years, this company has been the best one. Russell added this is the only bid for the item 46 . Williams added it was this year, previous years 47 price wise or quality wise. Brock added that he Draft Minutes of the Public Utilities Board Meeting January 23, 2012 Page 2 of 3 1 deceiving; staff conducted an RFP and was able to negotiate. When you 2 conduct a request for proposals in the State of Texas the information is kept confidential until 3 awarded by City Council. The contractors do not know they are the only bidder, staff went back Russell asked 4 and asked for a best and final offer with the contractor and got to a lower rate. after the City is covered and have gotten the major problems out of the way, the trees do 5 not grow back that fast. After you get to a certain level, unless there are more areas 6 7 . John Moore, Executive 8 Manager of Energy Delivery, introduced Brad Watts, Line Superintendent. Watts has been 9 handling the tree trimming for the last four years. Ford gave some back ground stating that he 10 came from many of years with San Antonio and Austin. In the electric business some of the best 11 dollars that are spent is on tree trimming. It not only keeps the lights on but keeps the employees 12 Tree trimming is being taken care of very were here in 13 the City of Denton. Tree trimming around electric lines can be very difficult. Watts stated that 14 trees use 15 efficient manner to trim trees. Most trimming was taken care of from the street, the alleys and 16 17 Project trims start at the substation, the feeder is trimmed all the way to the end. Trees are then 18 trimmed two spans past an open point on each side. Abrasion trims are also performed on the 19 service lines going to the houses. Abrasion trims are if a tree is touching the secondary line then 20 the tree is trimmed, if not it is left. Watts explained the process; the contractor is given a feeder 21 to quote, they agree on a price and it is taken care of. The goal was five years to trim the trees in 22 the entire system. DME started the project trims three years ago, those feeders are now grown 23 up and will need to be re-trimmed next year. Glen Stogsdill is over the tree trimming and is out 24 with the contractors every day. There is an arborist on staff at ABC Tree Trimming, which is a 25 good asset. There are so many different tree species in Denton, the arborist tells the best way to 26 trim the trees. Moore stated the industry standard is three to five years for tree trimming. Watts 27 stated that when he took this over the tree trimming he had to deal with outages that the tree 28 trimmers caused. Since ABC has taken over the past three years, they have had one outage. Herring asked what is the rate base, how is it determined how much to pay the contractors 29 . 30 Watts answered that the trimming is broken down into feeder trims and hot spots. The feeder 31 trims are priced per project. They look at the feeder and then give a price associated with the Herring asked how do we determine it is a good price for the City of Denton 32 project. . Watts 33 stated that staff has sent out approximately 15 notifications to different contractors over the past 34 Herring 35 close, they were mainly TxDOT right of way, but had no utility experience at all. asked about hiring our own people since it is an ongoing project. 36 Williams stated that there 37 specialty contractors 38 are used. George Campbell, City Manager, clarified that this is a one year contract with a 39 renewal for three years. Brock stated it is automatic renewals unless the City or the contractor 40 does not want to enter into the next year. Campbell stated that is staff decided the work was not 41 what had been experienced in the past or if there was reason to believe the price would have 42 gone down, we have the option at the renewal period. Otherwise it would be renewed at the 43 DME level without going back to Council for approval. Brock stated that the contract has a 30 Robinson stated that his view is this is a four year commitment to our tree 44 day out as well. trimming process. This process can be controlled by not renewing the contract. Robinson 45 stated he believ 46 Draft Minutes of the Public Utilities Board Meeting January 23, 2012 Page 3 of 3 longer plan 1 . Campbell asked Brock if it is his opinion that the four year ability to renew 2 automatically impacts the price that is being offered. Brock agreed. Brock stated that staff could 3 leave it as is and if there is a change in the contract bring it back to Council if that is the wish of Cheek stated he believes that is how it should work 4 the Board. . Gallivan asked why the contract is for $2,000,000 and not $1,600,000 5 . Moore stated that they 6 believe that $500,000 per year is where they need to be for the next four years going forward. Gallivan asked how that is supported 7 . Moore stated that the cost has not gone up. For the last 8 three years DME has been getting the trees trimmed close to where they need to be but there is a 9 lot of work still to do. If DME is going to stay on the three to five year trimming, $500,000 is Herring stated that DME has never been at $500,000 10 where that would be. ; Moore agreed but 11 said that is where they need to be. Williams stated that some of the additional amount would be 12 for Capital Improvement Projects as well. This would be right of way clearing as well as Herring also asked about the insurance rating of B+ 13 existing lines. . Brock answered that the 14 forms are being changed this one was filled out some time ago. All the forms have now been Gallivan stated that if he is to vote to approve this item he would feel more 15 changed out. comfortable with some accountability 16 . Williams stated that if we do this contract and report 17 back to the PUB on an annual basis of what was spent and the results were would that be Gallivan stated that would be sufficient 18 acceptable. . Campbell added that an informal report 19 is sent to Council on many items, and if Council has questions it is brought back on the agenda. 20 21 be a problem to bring back the information before the contract is renewed annually. 22 Board Member Gallivan moved to approve item #2 with the following motion. Approve 23 the $2,000,000, four year contract subject to annual review of expenditures prior to the 24 renewal anniversary of the contract, second from Board Member Russell. The motion was 25 approved by a 5-0 vote. 26 27 28 Adjournment at 11:47 am ORDINANCE NO. ________________ AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A CONTRACT FOR TREE TRIMMING SERVICES FOR DENTON MUNICIPAL ELECTRIC (DME); PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 4825ELECTRIC UTILITY LINE TREE TRIMMING SERVICES AWARDED TO ABC PROFESSIONAL TREE, INC., IN AN AMOUNT NOT TO EXCEED $2,000,000). WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for tree trimming services for Denton Municipal Electric in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and reviewed and recommended that the herein described proposals are the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The items in the following numbered request for proposal for materials, equipment, supplies or servi Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals. RFP NUMBER CONTRACTOR AMOUNT 4825 ABC Professional Tree, Inc. $2,000,000 SECTION 2. By the acceptance and approval of the above numbered items of the submitted proposals, the City accepts the offer of the persons submitting the proposals for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Proposal Invitations, Proposals, and related documents. SECTION 3. Should the City and person submitting approved and accepted items and of the submitted proposals wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the proposals, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Proposal and related documents herein approved and accepted. SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under the RFP 4825 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. 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 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2012. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:____________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ 4-ORD-RFP 4825