HomeMy WebLinkAbout12-11-1979
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AGENDA
CITY OF DENTON CITY COUNCIL
December 11, 1979
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Special Called Meeting of the City of Denton City Council, 4
Tuesday, December Ili 1979 at 7300 P.M. in the Council Chambers .y
of the Municipal Building. Broadcast live on KNTU Radio, 8845
F.M.
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1. Consider a report from Tr. James Glass relative to the
Denton 80's Directions and Decisions Project.
2. Consider an appearance by Harry Down relative to
Overwidth Paving in North University Place. ;
3. Consider a Charter Amendment Ordinance and calling a
special election for January 19, 1980. 'E
i 4. Consider a proposal for architeetu.al and engireerilsq
services for construction of the Service Center,
Warehouse.
5. Consider extending the contract agreement with Donald
Glynn Erwin for consulting services in conjunction with
the Emergency Medical Service Division of the Fire
Department.
6. Consider awarding bids for Boiler and Machinery r
Insurances Sid #8711.
7. Executive Session
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A. Legal Matters
B. Land Acquisition
C. Personnel
D. Board Appointments
8. Consider Board Appointments
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CITY OF DENTON
MEMORANDUM
TO: G. Chris Hartung
FROM: Rick Svehla.
LATE: November 2, 1979
RE Overwidth in North University Place
We have finally received a bill for the overwidth paving in North University +
Place. Originally, payment for this overwidth was recommended by the Staff
before we instituted our bidding procedures for overwidth. On the bill, Mr.
Down has indicated charges for not only the overwidth on Malone Street but
also half of the paving costs for paving which now abuts city property. I
have advised Mr. Down, the developer, t'a, the Council considered payment '
along this adjacent abutting property several months sggo. I also advised
him at that time the Council felt that no payment should be made since the
land did not belong to the city when it was platted and when the paving was
originally proposed to be built. Mr. Down indicated that he did not feel
this was proper and said he would like to appear before the Council. I
advised him that I thought it would be easier for the Staff to poll the j
Council again on this matter and that we would then advise him .of the Council's
feelings. Please advise us if the Council's decision has changed,
I have attached a copy of the developers bill. I believe the only valid part r
r the city should pay for should be the overwidth on Malone which would be for
approximately 800 square yards of paving which would amount to about $6,500.
The Staff is also at this time investigating the costs indicated by the f
developer. Depending on the decision of the Council, we will make a final re-
commendation on the payment for the overwidth and/or new construction in j
North University Piaco. ,
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110V 02 i919
CITY of DEMON
MANAGER'S OFFICE
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PHONE IEI H JSI p%
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I3ati~rotrri[ CofjVORA,no.
DENTON !RANCH
t204 W ONIVERSItY DRIVE, 3U11E 175
OENTON, TEXAS ?6201
October 17, 1979
City of Denton
Community Development
Denton, Texas 76201
ReE Pro-rata City Paving Cost
North University Place V Section
Malone and Amhurnt Street
Denton, Texas
Dear D1r Johh E
Following are our calculations in arriving at the City
of Denton's pro-rata paving cost incurred by Barworth j
Corporation (formally FI. Down Development Company). 3
North University Place Addition Section V Pavinq,
Malone Street 176.76E
+183.43
+168.34
+ 50.00 !
+151.95/ 730.48' x 4014 29,219.20
Less City overwidth on Malone 730.48E x lot -7,304.80 &,f.
Less City Park property on Malone
154.56 s
+ 50.00/ 204.561.x 15' -3,068.36 s,f.
Plus Auburn Street 161,27 '
+316.81
40.00/ 438.08' x 30' +13,142.40 s.f.
3 Less City Park Property on Auburn
161.27
20,00/ 141,27' x 15' -20119.05
s.f. I
Plus Princeton 141.63' (6 Malone to cent, of Cul de Rao)
- 40.00 (Rad, of Cul de Sao)
- 20.00 1/2 width of Malone
`791 .a'3' x 30' + 20448,90 S.I.
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October 17, 1979 9
City of Denton
Page 2
Plue Cut de Sac 11r 80 d 5026.36 s.f,
Less (10} s- 78.S4
+4948.02 s.f,
TOTAL BARWORTH PAVING 4,140,70 s,y.
37,266,31 e,f,
TOTAL CITY PAVING 1,396,75 s.y,
12,570.75 s.f,
TOTAL PAVING AREA 5,637.45 s.y.
49,837,06
North University Place Addition Section V Curbs i
West side of Malone 156.531
t North side of Auburn 1~}0~6-.~972,'
Total City Curb 763.1 1 at $,9.60 s,f, $1,211,6! 1
City Flat Work
(66) ~.71' G6} y
r _ 23.3.7 s,f, Concrete $1.85 s.f, 432,35
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13 c,y. Excavation at 3.25 c,y, 42.25
26 o.v. Lime stabilization
at .75 d,y, 19.50
26 s.y. Labor at .90 s.y. 23
517,0-
+101 51:7S i
$567.25
RECONCILIATION
Total City Curb $ 11211,87
Total City Flatwork cost $ 569,25
Total City Paving cost $11,174.00 {
1,396.75 s.y. at $8,00
Total City Pro-Rata $12,955.12
Paving Cost
Sincerely,
Inn 7~ ~Ly~
Harr W, own ,~C, a ,
Gene al Manager
Encls.
Certification of all bills. paid
Plat North University Place V Section
As built nlana, NUP V
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MEMORANDUM
TO: Mayor and Council Members
FROM, Burt R. 5olomons, Assistant City Attorney
DATE: December 6, 1979
RE: Chertor Election Ordinance
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Please find attached a copy of the Charter Election Ordinance.
The Spanish translation will probably be ready by Tuesday night.
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.L Pro •~LUrDtN SANER, JACK, SAL_LINOER & NICHOLS
.r.loolt Nlc rloLt AT TORNEVS AND COUNSELORS AT LAW
P t. L.[.N Llt .0)4.19401
UwnxDANrc W 4
L PAC VDD PlPU OLIO NATIONAL l.NP DUII DIN. ONO ' C. [LN CP 110/,-q.tl
. .C.BON
t'. ,~N„ DALLAS, TEXAS 78201
P"OcRt L DILLMO ID
Noour D. N[N,Niu 1+1,1 ru.s.a
December 4, 1979
w.N. JACA
1001 11 L. DILLARD, ~A
or cou.aa
Mr. Burt R. Solnmons
Assistant City Atturney
City of Denton
Municipal Building
Donton, Texas 76201
Ret Election Ordinance
,Dear Hurt:
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Enclosed plJase find the original and'four (4) copies of
the ordinance calling the Home Rule Charter amendment election
for January 19, 1980[ I think this ordinance includes all the
amendments which the Council voted to submit in the election.
You may want to go over the ordinance in detail to make sure
nothinC is omitted that you thought should be included and that
nothing is included that the Council voted to omit.
I have not had this translated into Spanish and I would ap-
preciate it if you let me know immediately if I am expected to
do this. I have a friend available who can do it quickly and
at a very reasonable rate.
Also, I assume the City Secretary will be able to take care
of all the other details involved in physically setting up the
election machines, ballot, ate.
The time table as I read the statute, and assuming that the
! reggular Council meetings are all held on Tuesday night, will re-
quiro that the ordinance be passed on December llt or December l8
at the latest, The City Secretary should post the notices in the
three (3) public places on December 19, at the latest, The ordinance
should be published in the official newspaper of the City as notice
of the election as is provided therein no later than January 2, 1980
and again on the following same day of the week in the next week,
January 9, 1980. The Council will then conduct a canvass of the
returns and a declaration of the results and enter its official
order making the Charter amendment affective on January 22, 1980,
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Very truly yours,
ANE , JACK, SAIL GER b NT OLS
Ro or n ar ,
! RLD:cd
Enclosures
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ORDINANCE W.
AN ORDINANCE OF THL CITY OF DENTON, TL'RAS, PROVIDING FIR ThE
SUBMISSION i`r CERTAIN PROPOSED CHARTER A.'4E1*DMLNTS TO ThX VOTLFS AT
A SPECIAL MUNICIPAL ELECTION TO 66 HELD ON JANUARY 19, 19SQt DESIONn-
TING THL POLLING PLACES AND THE HOURS OF VOTINOI APPOINTING ELECTION
JUDGES AND PROVIDING THE KAN11ER IN WHICH NOTICE Or SUCH ELECTION
SHALL BE GIVEN.
ThE COUNCIL OF THE my or DENTON HERESY OADAIN91
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SECTION 1. That in accordance with the provisions of Article
1170 of Vernon's Pwvised Civil Statutes of the State of Texas, there
shall be submitted to the voters of the City of Denton at a special
municipal election to be held on January 19, 1990, the following
proposed amendments to the Hone Rule Charter of the City Of Denton.
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SECTION 7. That said amendments to the Home Avlw Charter to
be submitted to the qualified voters are ms followat
AIiENDMCh1' WiBbA 1
That Section 2.01 ba amended to as to hereafter provide as
follows, to-Witt
"Section 2,01. Number Selaction and Tern, j
(a) The City Course LI I& s a have sewn 171 -mombers, six {
(6) couneilwsona and a 10i or, The manner of their
election is proscribed herein. Each eouneilperson shall
be elected to and occupy a place on the Council, such
places being numbered one, too, three, four, five and
six. The Mayor's position on the Council shall be place
seven.
)b), Four (e) members of the Council whose positions shell
be places one, two, three and four, shall be residents of
j and elected by the quslittad voters of single-member goa-
graphleal districts nt the City, known as districts one,
two, three and four, as such districts ray It" time to
time be determined by the city council in accordant* with
Section 2.01(d1, and created and described by ordinance.
Two (2) members of the council and the Mayor shall be
elected by the qualified voters of the entire city, comawnly
known as et large, one (1)a! large umber, place five
shall be a resident of district one or two, and one (1)
at large member, place six, shall be a resident of district
three or four.
(c) All members of the Council and the Wyor shall be elected
for two )2) year ters.s and shall not be eligible for election
to more than three (1) consecutive two (2) yar torts$ such
terms to cownence with the first two (2) year term to which
such member or i'eyor is elected after the adoption of this
section.
Ii (d) The Council shall from time to time create and
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( tri dcocribes op, tva,1ethreec&nonfour. 3uchkai~tri48
cts
'hall be created so that each will contain,
as as nearly
eccordirdfno gl 0, a population equivalent to the others,
g to the latest available consul data."
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That Section 3.01(b) shall be amended and Sections S.Ol(c),
(d) and (s) shall be added, so as to hereafter provide as follows,
to -wits
"Section .1,01- Municipal Elections.
(b) On the first Saturday in April Smtiedlately following
adop!.on of Section 2.01, and the drawing Of election
dlrtrict boundaries by the Council, the voters shall
elects
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(1) The Mayor, place 7, for a term of two (9)
years.
t2l Two councilmembers, places d and 6, for
torma of two (9) years each.
(3) one :ouncilme'ber for an interim term of
one (1) year. This position shall be denomi-
nated for such interim term as piece 1 and
such councilmember shall be elected from the
dlstrictlarge and may be a resident of any
qquu
afte
At the r the onetreferredntorabove nnthis s ct0n, theedia-n
trio and at large system provided In Section 2,01 shall
take full effect.
(c) Cousoilmembers holding office at the time the charter
amendments to Section 9,01 ire adopted Iplaces'1, n and 3)
shell serve the remainder of their unexpired terms as at {
largo members of the Co-incil. j
(d) It any councilmoMber whose term would not otherwise
expire at the time of the canvass e! the results of the
election spacJtted in Section 3,01(b) shall enter Said
•laction, such councilmember!s tern shell be deemed to
hleave
whether tthe candidacy n at ssaid esaid
ounof.l-
member is successful or not.
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(el Neither the %or nor any member of the Council
shall become a candidate for election to any position
on the Council, other than for re-election to the and tomtheeCityLsicratarychhis writteneresignationsfrroomethe
Council to be effective at the time of the canvass of
the results of the next regularly scheduled aleetlon,
If such candidate's unexpired term would otherwise
extend be rand the data of such canvass, the City Becre-
tary shalt nobly the council and an election shall be
held on the data of the next regularly scheduled election I w
to till the unexpired term of said resigning council- I`
merbnr,"
r0R AGAINST
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AMENDMENT NUMBER 2
That Section 9.01 be amended ■o as to add subsection (d)
to read as follows, to-wit,
"(d) No revenue bond III" in ekcass of Ona Million Dollars
sharefell brende orderedti
um by haonthse City COUheldtnClo1 duntilrmi anenonappro-brOdingval
elec
bean ete
or disapproval of such issue by a maprity of the quali-
fied votois voting at ouch election. i
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AGAINST
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AMENDMENT NUMBER I
That Section 2.02(a)(5) be amended so as to hereafter pro-
vida as follows, to-wits
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j *(a) (S) Shall not be interested in the emoluments of
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any contrast, job, work or service of or with the city,
or interested in the sale to or by the city of any
articles, materials, supplies or equipments and"
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AGAINST
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AMENDMENT NUMBER 4
That Section 2.03 be amended so as to hereafter provide as
follows, to-wits I
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"Section 2.03. presidia officers Mayor ■nd Mayor
ro em.
The Mayor shill preside at the meetings of the
council and shall be recognised as head of the City
government for all ceremonial purposes and by the
Governor for purposes of martial low, but shall nOt
Interfere with the sanaterial duties and responsi-
bilities of the City Manager. The Mayor shall have
all the same powers and privileges 81 any other
mattersmembor, Including entitlement to vote upon all
veto by the Council, but shall haw no
afterpt erannul election,elect as from soon membership
a Mayor Pro Tam. The Mayor Pro Tam shall act as Mayor
during the absence or disability of the Mayor and If
A vacancy occurs shall become Mayor for the completion
of the unexpired terra."
FOR AGAINST
AMENDMENT NU MER S
That Section 2.06(s) be amended to As to hereafter provide
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"(a) A majority of tha members of the Council shall
constitute a quorum for the transaction of business,'
and the affirmative vote of A majority of the Council
shall be necessary to repeal any ordinanoo at take
any official action In the nor* of the City, except
as otheviss provided in this Charter or by tha general
laws of the State of Texas."
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AMENDMENT NtMdER 6 ~q
That Section 2.6a, subsections (b) and (a)r be amended so
f as to hereafter provide as follows, to-wits
"(b) Appoint and remove the City Attorney and the Muni-
cipal Court Judge,
,s) Perform the districting and redistricting functicn." I
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FOR AGAINST
AMENDMENT NUMSER 7 '
That $action 5.04(b) shall hereafter provide that runoff
elections shall be held no later than the twenty-eighth (20th)
day after the first election,
FOR AGAINST_ I
AMENDMENT NWHER 1
That Section 1,114) be amended so as to hereafter provide
as followsr to-wits
`(a) All papar■ comprising a recall patition shall be
assembled and filed with the City Secrotary as one
instrument. Within seven (7) days after 1 petition
is filed, the City Seeretasy shall determine whether
each ppaper bears the names of five (5) electors who
equiredtaffidavit t of a thof tfa e ci~rculatorothereofs,aande
whether the patition is signed by qualified voters of
the constituency of the eouncilmomber whose removal
Is sought equal in number to at least twenty-five
percent (251) of the number of the votes cast for that
councilmember and all of his opponents in the last
preceding general municipal election in whioh he was a
i candidate. As used heroin 'coo tiLittle neyr shall mean
` the qualified voters eligible to vote for the council-
member whose removal is sought, either by geographical
district or at large, as the case may be."
- FOR AGAINST
AMENDMENT NUbSER 5 ' -
That Section 1.16 be amended so is to hereafter provide as
follows, to-wits
"Section 1.16. imitations on Recalls,
No petition e a a e aqa not a coundilmimber
within six (R) months after he take office nor against
end not i removed who as until atjleast sixa(6)~ montroction
after such election, Should regular regular election occur
during the time when a recall petition is current and
should the parson(s) being recalled be re-slacted, the
recall yetlLizn shalt be null and void."
FOR AGAINST „
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AlIEtlVN~t~ER IO
That Section 5,01 be amended so as to provide that any person
who is appointed City Manager must have had at least two (1) years
Of experience sa a city b4nagsr or Assistant City biaridgar or the
equivalent thereof,
FOR
ACAINST
A61ENWLENT NL318fR 11
That section 5.05 be amended so as to hereafter provide as
follows, to-wits
"Section 5,05, Administrati
la edepartments,
py City tlanager s are ye armor xe o organize the 1
em to eas of the city into various deppartments and di-
visions with the concurrence of the Clty Council,"
{ FCR
AGAINST
1 N'fE!'CMEHT NI1M,bER 11
That Article V1 be aavnded so as to be denominated "city
Attorney and municipal ceuit" and that ell reforencea in Sections
6.02 and 6,01 ba thanged from "corporation" court to "municipal"
court.
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AGAINST 1
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~IfI:KDtfLNT HL?iBSR 1,1 ~
That Article V11 be amended so as to be denominated 1
and Taxation" and that Section 7,1C be amended so ai to hereafter
provide as follows, to-wit,
"Section 7.16. pro 110 sub act to to
The City Counc u or xe to s
to xas as ere ellowad by State law and In such manner collect ayuch
praecribed by State law." ~
fOR
ACAINSr
ALXNCMLNT~ NUfps- !^R 11
That Section 8.06 be amended so as to hereafter provide as
follows, to-wit,
j "Section 5,06, bud et estabilehos~prepriations and tax luvy.
n anal edoE on, a u getoe to a sc. or
the Lbudget year, final adoption of the budget by the council
shall constitute the official gpproprlatlon of the Several
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amounts stated therein Pe proposed expenditures for the
budget year. A copy of the budget as finally adopted
shall be filed with the city secretary, the county clerk
of Denton County and the srato comptroller of public ac-
counts in Austin. Ail appropriations that have not been
I expended or lawfully encumbered shall lapse at the and of
1r the budget fear."
FOR AGAINST
AMENDMENT NUMBER. li
That Section 8.01 be amended so an to hereafter provide as follows,
follows, to-witi
"Section 6.06. Amending the budget.
In came of 44rave Public nece a ey, emergency expenditures
to meet Unusual end unforeseen conditions, which could not
by diligant thought and attention have been included in the
original budgatI may be authorized by the affirmative vote
of at le amt five (S) of the members of the council as an
amanuTent to the original budget. In every case where such
amendment is made, a copy of the ordin..nca adopting the
amendment shall be filed with the city secretary, published
in the next issue of the official newspaper of the city, and
attached to the budget originally adopted."
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FOR AGAINST
AMENDMENT Numst_R 16 1
That Section 14.02 be amended so as to hereafter provide as follows,
to-wits
"SSCtlon 14,02. Publicit of records.
All public recor a co se • , assembled, or maintained
business ah all beavailablelto tthe he, public during of noruaiibl
business hours, subject to the excettions and regulations
authorized by applicable slate law.
` FOR AGAINST
AMCNbMENT NVABER 17
That Section 14.04 be amended so as to hereafter provide as follows,
to-Witt
"Pection 14,04. Personal interest,
Na officer or eaployes of"the My of benton shall have
a financial interest, direct or indirect, in cny Contract
With the City, or be financially Into ested, directly or in-
dir^ctly, in the sale to or by the city of any land, mater!-
a1s,supplies or services, except vn behalf of the city it
an officer or en,ployia. Aiy Willful violation of this section
shall constitute malfeasance in office, and any offlor or
employee guilty thereof shall forfeit his office or position."
ron AGAINST
.6.
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.MIENDMENT NUMBER 16
That Section 14.16 be amended so as to hereafter provide
as follows, to-wits
"Section 14.16. Swards and commissions.
Members of boar s an come as on• o the City of
renton shall serve at the pleasure of the council,
Members of such boards and commissions may be removed
by the council only for cause and only after being
given notice by the council."
FOR AGAINST
MMNDMENT NUM&EA 19
That certain administrative sections of the charter be deleted
because they duplicate State taw, can be provided by ordinance or
are unnecessary, such sections being numbered 5.06, 5.07, 6.04,
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1.01, 7402, 7.03, 7.04. 7.05, 7.04, 7.07, 1,06, 7.09, 7.10, 7.11,
7.12, 7.13, 7.14, 7.15, 7,17, 7.10, 7.19, 7.20, 1.21, 7,22, 1.13,
10.01, 10.19, 11.01, 12.06, 14.01, 14.06, and 14.091 and that be-
cause of such deletions, certain eectlons be renumbered, to-witr
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I 7,16 to 7.01, 7,24 to 7.02, 7,25 to 7.03, 7,26 to 7.040
7.27 to 7.05, 7.26 to 7.06 and 7.29 to 7.07. . 4'
FGA AGAINST
& NDMZNT NlkBgjt 10 ,
That Section 2.05(d) be deleted.
MA Aa.1LNST
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hASENDMBNT NUMBER 11
That $action 10.06 be amended to conform the Charter tt state
law by deleting the words 'within five (i) miles of the corjorats
limits of the City" and inserting therefor the words "wlthie the
area under the extraterritorial jurisdiction of the City".
F+oA AGAINST
SECTION J. The polling pieces of said election shall be located
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in the Community Budding In the Civic Center on East Moxinney Street,
Denton, Texas, and shall be open from 7100 a.m. to 7100 p.m. on the
day of the election,
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SECTION 4. That said election for the adoption of amendments
to the Home PJIa Charter shall be held in accordance with the te-
quirements of the Election Code of the State of Texas, j
SECTION S. Nene but 199ally qualified voters of the City of
Denton Shall be entitled to vote at said election.
SECTION 6. Notice of the election for the submission of the
aaiendnents shall be given by publication of this ordinance in the
official newspaper of the City of Denton on the sate day in each
of two successive weeks, the date of the first publication to
be not less than fourteen (14) days prior to the date met for the
election. Notice of said election shall also be posted in three
i3) public places within the limits of the City at least thirty
(30) days before the election data. The return of such posting
shall be made by affidavit of the City Secretary.
SECTION 7. That Lee Knox 'oe, and he 10 hereby, &Ppoin Led
presiding Judge of said election at the polling place and that
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Bob hiller be, and he is hereby,apiminted alternate presiding i
Judge of said election at the polling place, and tltie presiding
Judge shall appoint as many election clerks as are iecessary for
the proper conduct of the election. All judges an, clerks shall
be qualified voters of the City. After holding raid election, the
election judge shall promptly aako his return to the City $acte-
tary and to the Myor, and the Secretary shell thereafter present
such returns to the city Council for canvassing of sa14 election.
The presiding election judge shall be paid the sum of S
per hour, plus an additional suit of for his services
in delivering the returns of the election. The alternate presiding
election Judge shall be paid the sum of $ per hour and
each election Judgd shat: be paid us sum of per hour
for their services in holding rata election, Such payments shall
not exceed the maximum amounts set out in Article 3.01, Texas
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Election Cade, to-wits $3.50 par hour for each election official, k
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plus an additional amount paid to the presiding Judge for delivering
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the returns, not to exceed twenty dollars ($20.00).
SECTION S. Absentee voting for such election shall be held
at the regular office of the City Secretary at the Denton city ball
and said place of absentee voting shall remain open for at least
eight (E) hourr on each day of absentee voting which is not a
Saturday, Sunday or an official State holiday, beginning on the
twentieth (10th) day and continuing through the fourth (4th) day
preceding the date of said election. Said place of absentee voting
shall rea,min open between the hours of o'clock a.m. and
o'clock P.M.
SECTION 9. This ordinance shall take effect irz*diately from
and after its passage as the law in such cases provides.
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DULY PASSED by THL CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
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ThIS THI DAY OP DECEhBLN, 1979.
APPROVEDe
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ATTESTi
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MY IMMAIT
APPROVED AS TO LEGAL FORMS
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CITY OF DENTON
MEMOR.-.NDUM
T0: Chris Hartung, City Manager
FROM: Rick Svohla0 Director of P'iblic Works
SUBJECT: Proposed Contract for the Warehouse from
James Kirkpatrick
DATES December 6, 1979
We have reviewed the contract as presented by Mr. Kirkpatrick. {
Basing the average cost of the warehouse at $30 a foot, his
total feo of $820000 computes to less than five percent of
the total cost of all four phases of the warehouse, This is
i' based on the assumption that the warehouse will contain
i approximately 65,000 square feet,
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JAMES R. KIRKPATRICK
■ ARCHITECT f
12 November 1979
Mr. O. Chris Hartung
City Manager
City of Denton
215 E, McKinney
Denton, Texas
Ret City of Denton
Service Center Office/Warehouse
Dear Sirt
Please find for your review this proposal to provide complete architectural
services for the referenced project. Our services will include both
architectural and engineering services requir.d for the design, preparation
of bid documents, receipt of bide, and supervision of construction of the
project. 1
Please find herewith an AIA Document 8141, Standard Form of Agreement for
your review. I would propose to use this as a contract of agreement providing
it meets your approval,
its previously discussed, the construction documents will be prepared in such
a manner ab to provide for bidding and construction of the project in phases
and in such a manner that these phases could be constructed initially or at 1
later dates.
I propose to provide the services mention,d above atvi as set forth in the j
AIA Document B141 for a Fixed Fee of Eighty-Two Thousand and no/140 Dollars
($82,000.00). i
Should you have any questions to require additional information, please
contact me at your c.,%nvenience. 4
,
Sincerely,
i ~Jdes R. Kirkpa Lk
` JRKshn
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MEMBER AMERICAN INSTITUTE OF ARCHITECTS
SUITE 518, FIRST STATE: BA%1K BUILDING
0ENT0N,TEXAS 78201 [(3171387.8182
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THE AMERICAN' r INSTITUTE OF ARCHITECTS
AIA Document 6141
Standard Form of Agreement Between
Owner and Architect
i
1977 EDITION
1
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH ~
j AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION
AGREEMENT
Evade as of the day of ir1 the year of Nineteen
Hundred and Seventy Nine
BETWEEN the Owner: The City of Denton, Texas
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and the Architect: James R. Kirkpatrick
Suite 518
First State Bank Building
Denton, 'texas 76201
For the following Project:
(Include de filled delcrlpdon of Project locadon and Icope.l
A new City of Denton, Service Center Office/Warehouse
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The Owner and the Architect agree as set forth below.
Ca,ryri 171.11.1, 19N, IM, 1951, 1151, 1151, 19161, 1%3. I"U, 116 , IOU. IIIN 2 1477 bV The AmeduA 1nNityte
of Arc Be,711 Nrw York A.enur, N.W.. lsuF,naroe, 0 C 1r4W R,n~~4o<hon M the rt.&!o,J f Mrein nr
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AIA DOCUMINI 01416 OWNECARCH11110 ACWhAt NI 4 THIIIIINN 101110-4 4 IUIY 197t a AIM , 4) 11y
1Ht AMERICAN IWITUit Of ARCHITICTI, IM NEW YORK AVINUE, N V Y, WASHINGION, D C. MN 31414977 1
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TERMS AND COP~DITfOVS Of AGREEMENT BETWEEN OWNER ANU -
ARCHITECT
ARTICEE 1 ments to previous Statements of Probable Construction
ARCHITECT'S SERVICES AND RESPONSiBUITIES Cost Indicated by changes in requirements or general
BASIC SERVICES market conditions.
The
1.3.4 The Architect shall assist the owner in connection sist
with
Owne phasesrdestcribedBIn iPa agrarphs 1 loth rough 11.5 and qui edhforr the a s responsibility for filing documents re-
include normal structural, mechanical and electrical ng jurisdiction over the Projedrnmenhl authorities lieu-
engiovering services and any other services Included
I Article 15 as part of Basic Services. 1.4 BIDDING OR NEGOTIATION PRASE
1.7 In AEMATIC DESIGN PHASE 1.4.1 The Archioec following the Owner's a
1.1.1 The ArIC DES shall r' ' the Construction Documents and of the latest Spprova of
ttatemlent the In
by he Owner to ascertain the requl ementsof the Project obtaining Ibid norrunergotia ed prop saslls,l and Owner r in
and shall review the understanding of such requirements awarding and preparing contracts for construction.
with the Owner.
l 1,1.7 The Architect shall provide a preliminary evalua• 1.5 CONSTRUCTION PHASE--ADMINISTRATION
thin of the program and the Project budget requirements, Of THE CONSTRUCTION CONTRACT
each in terms of the other, subject to the limitations set
forth in Subparagraph 3,2,1. a1.5.1 The Construction Phase c ~minence ward of the Contract for Constr crti n nd, together hwilth
1.1 3 The Architect shall review with the Owner alterna• the Architect's obligation to provide Basic Services under
tine approaches to design and construction of the Project. Contractor this Agreement, will lIn the a to when final ipnnal Certificate to the
1.1,4 Based on the mutually agreed upon program and for Payment or of such eedite, sixty days after the Date
project budget requirements, the Architect shall prepare, of Substanrtat Completion of the Work, whichever occurs
for approval by the Owner, Schematic Design Documents first.
tansisting of drawings and uther documents illustrating 1,5.2 Unless otherwise provided in this Agreement and
the stale and relationship of Project components.
1,1.3 The Architect shall submit to the Owner a Slate- sincoated In the Contract hall provide administration of tthhetC ntraet foe Con tiruct
ment of Probable Construction Cost base I on current tion as set forth below and In the edition of AIA Docu-
Area, volume or other unit costs. ment A201, General Conditions of the Contract for Con-
1.2 DESIGN DEMOPMENT PHASE struction, current as of the date of this Agreement.
1.1,1 Based on the approved Schematic Design Docu• 115.3 The Architect shall be a representative of the
hentrond any adjust tents authori edrhi the Ow errriin Owner during the Construction Phase, and shall advise
p 8 and consult with the Owner. h Ins the tchl to the a Cen Archi-
pare, for approval by the Owner, I:i, IBM Cevelopment for shall be have autded y to act the behalf of The Owner
Documents consisting of drawings and other documents only shah have authority a act th behalf ct the Owner
to fix and describe the size and character of the entire only to the extent provided in the Contract Documents
Project as to architectural, structural, mechanical and elec. cores otherwise modified by written instrument in ac.
trtcal systems, materials and such other elements as may cordance with Subparagraph 1.5.16,
be appropriate, 1.S.4 The Architect shall visit the site at intervals ap•
111,21 The Architect shall submit to the Owner a further proprtate to the stage of construction or as otherwise
Statement of Probable all submit t Cost, agreed by the Architect in writing to become generally
familiar with the rogress
of the Wor and to
1.3 CONSTRUCTION DOCUMENTS PHASE determine in gene l it theeWeir, Is proceeding Inkaccord-
1,3,1 Based on the approved Design Development Doc• ance with the Contract Documents. However, the Aruhl•
uments and any furher adjustments In the scope or quil• reel shall not be regaled to make exhaustive or con.
Icy of the Project or in the Project budget Aulhodzed by 111 ous ort•stle Inspections to check the quality or quart.
the Owner, the Arthileet shall prepare, rota lit of the Work. On the basis of such on•slle obsena•
the Owner, Construction Documents consisting orf Drawy tions as an architect the Arrtir; kee ingx and Specifications setting forth in desist the require- Informed
of the Progress and quality lof the Wthe orkk,,Nand
meets for the consbuclion of the project, shall endeavor to guard the Owner against defects and
i 1.3,1 Thu Architect shall assist the owner in the prepare. deficiencies In the Work of the Contractor,
lion of he necessaryry bidding nformation, bidding frv,s, 1.3.9 The Architect shall not have control ti charge s,
the Conditions of the Contract, and the form of Agree. aid shall not be responsible fur cproeedures means,
mint between the Burner and the Contractor. o
methods, techniques, Pse4vences rograms or connection , with fthe
or
11,3.3 The Architect shall advise the Owner of any adjust. Work, fortthe acts or omissions sof the Contractor, Sub-
TN[ DO (r. A RICAN U-1sTnuot[ Of ARCH 1%T5,Ci;3$ Ntw YORKr A [NL ID,N Wy, t1t ASNItN4'tON,r o, C. 0 2011,7
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contractors w any other persons pe,ic,ming any of the necessaryor advisable for the!nip , mentaticin of the intent t
Work, or for the failute of any of them to carry out the of the Contract Ducuments,theArthitect"ill hAeauihor-
%York in accordance with the Contract Documents. ay to require special Inspection or testing of the Work in
1.5.6 The Archilect shall at all times hasv access to the accordance with the provisions of the Contract Docu•
Work wherever it is in preparation or progress. ments, whether or not such Work be then fabricated, In
stalled or completed,
1.5.7 The Architect shall determine the amounts owing 1,5.13 The Architect shall review and a rove or take
to the Contractor based on observations at the site and on PP
evaluations of the Contractor's Applications for Payment, other appropriate action upon the Contractor's submittals
and shall issue Certificates for m, yment in such amounts, such as Shop Drawings, Product Data and Samples but
as provided in the Contract Documents. only for conformance witty the design concept of the
Work and with the information givvn in the Contract
1.5,8 The Issuance of a Certificate for Payment shall Documents. Such action shall be taken with reasonable
constitute a representation by the Architect to the Owner, promptness so as to cause no delay. The Architect's ap-
based on the Architect's observations at the site as pro• prcval of a specific item shall not indicate approval of an
vided in Subparagraph 1.5.4 and on the data comprising assembly of which the item is a component.
the Contractor's Application for Payment, that the Work 1 5.14 The Architect shall prepare Change Orders for
has progressed to the point indicated; that, to the best of the Owner's approval and execution In accordance with
SheMche' Woknowledge, information and bolief,theyuai the Contract Documents, and shall have authority to order
sty of the Work is in accordance with the Contract Docu• minor changes in the Work not Involving an adjustment
ments (subject to an evaluation of the Work for con-
Comance with the Contract Documents upon Substantial In w the which are not Inconsistent Sum or an Inconsistent with the extension of thintente of Conttheract Time
Contract
Completion, to the results of any subsequent teals re-
quired by or performed under the Contract Documents, Documents.
to minor deviations from the Contract Documents tor- 1.5,15 The Architect shall conduct Inspections to deter-
reciable prior to completion, and to any specific qualifica- mine the Dates of Substantial Completion and final eom-
tions stated in the Certificate for Payment); and that the pletion, shall receive and forward to the Owner for the
Contractor is entitled to payment In the amount certified. Owner's review wntren warranties and related documents
However, the issuance of a Certificate for Payment shall required by the Contract Documents and assembled by
not be a representation that the Architect has made any the Contractor, and shall Issue a final Certificate for Pay
lamination to ascertain how and for what purpose the ment.
tractor has used the moneys paid on account of the 1.5.16 The extent of the duties, responsibilities and lint- j
.orilncl Sum. itations of autF,ority of the Architect as the Owner's rep-
1.5.9 The Architect shall be the Interpreter of the re- resentative during construction shall not be modified or
quirtments of the Contract Documents and the Judge of extended withou' written consent of the Gxner, the Con.
the performance thereunder by both the Owner and tractor and the Archkect.
Contractor, The Architect shall render interpretations nec• 1.6 PROTECT REPRESENTATION BEYOND BASIC SERVICH
essary for the proper execution or progress of the Work
i with reasonable promptness on written request of either 1.6.1 If the Owner and Archilect agree that more ex-
the Owner or the Contractor, and shall render written de- tensike representation at the site than is described in
cisions, within a reasonable time, on all claims, disputes Paragraph 13 shall be provided, the Architect shall pro-
and other matters In question belween the Owner and the vide one or more Project Reprtsenlalives 10 assist the
Contractor relating to the execution or progress of the Architect in Carrying out such respomibilities at the site.
Work or the interpretation of the Contract Documents, t
1.6.7 Such Protect Representatives shall be selected, ent•
1.5.10 Interpretations and decisions of the Architect shall ptoyed and directed by the Architect, and the Architect i"
be consistent with the inlrnt of and reasonably Inferable shall be compensated therefor at mutually agreed be- E
from the Contract Ducuments and shall be it :nlten or Iween the Ow met and the Architect as set forth In an ex-
graphic form. In the capacity of interpreter ind judge, hibit appended to this Agreement, which shall describe It
the Architect shall endeavor in secure faithful perform- the duties, responsibilities and limitations of authority
once by bath the Owner and the Contractor, shall hot such Project Representatives.
show partiality to tither, and shall not be liable for the 1.6.3 Through the observations by such Project Repre•
result of any interpretation or decision rendered In good scntatives, the Architect shall endeavor to provide further
faith in such capacity. protection for the Owner against defects and deficiencies '
1.5,11 The Architect's decisions in mailers relating to in the Work, but the furnishing of such project representa•
artistic effect shall be final if consistent with the intent of tion shall not modify the rights, respomibilities or obliga-
the Contract Docwrcnb, The Architect's decisions on twin( of the Archilect As described in Paragraph 1.5.
any other claims, disputes or other matters, including 1,7 ADDI110NAi.SERVICES
those in question between the Owner and the Contractor, The following Services are not included in Basic
shall be subject to arbiiratlon as provided in this Agree- ly
Senices unless so identified in Article 15. They shall
j meat and In the Contract Documents, hr provided if authorized or confirmed in wilting by
1 1,5.17 The Architect shall hate authority to reject %Y04 the Owner, and they shall be paid for by !ie owner
which does not con(orrn to the Contract Documents as provided in Ihls Agreement. In addition to the
Whenever, in the Architect's reasonable opinion, it 1, compen.sation for Basic Services,
S Ark DOCVNENT 9117 0 Ow x!x AN(Hl II t t Arxft•at Nr 6 114M RtH i rrl K)N r ILLY t" 4 AIAa 4 Q IC"7
4 8141.1977 THL AIL4CkN INS11101 a Aaunrlels, Ins Ahk kosx AVtNV NW., wAWINOtoN, D.C, 3M
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1.73 Prom idling analyses of the O vner's needs, and pro- struction, and furnishing serv;tes as may be required in
gramming the requirements of the Project, connection w;th the :placement of such Work.
1.7.2 Prosiding financial feasibility or -ither special 1.7.16 Pro0d ng services made necessary by the default
studies, of the Contractur, or by major defects or deficiencies in
1.7,3 Providing planning surveys, site evaluations, envi- the Work of the Contactor, or by failure of performance
ronmental stt+dies or comparative studies of prospective of either the O+sner or Contractor under the Contract for
sites, and preparing special surveys, studies and submis- Construction.
sions required for approvals of governmental authorities 1.7.17 Preparing a set of reproducible record drawings
or others having jurisdiction over the Project, showing significant changes In the Work made during
1.7.1 Providing services relative to future facilities, sys- construction based on marked-up prints, drawings and
terns and equipment which are not intended to be con- other data furnished by the Contractor to the Architect.
structed during the Construction Phase. 1.7.18 Providing extensive assistance in the utilization of
1.7,5 f rovlding services to investigate existing conditions any equipment or system such as Initial start-up or testing,
or facilities or to make measured drawings thereof, or to adjusting and balancing, preparation of operation and
verify the accuracy of drawings or other information fur. maintenance manuals, training personnel for operation
v
erify he the Owner. and maintenance, and consultation during operation.
nished by 1.7.19
1.7,6 Preparing documents of alternate, separate or the fiProviding services after Issuance to the Owner of
nal Certificate for Payment, or in the absence a
sequential bids providing extra services in connection final Certificate for Payment, more than sixty days after
with bidding, negotiation or construction prior to the the Date of Substantial Completion of the Work,
completion of the Construction Documents Phase, when
requested by the Owner. 1.7,20 Preparing to serve or serving as an expert witness
in connection with any public hearing, arbitration pro-
1.7.7 Providing coordination of Worlr performed by ceeding or legal proceeding.
separate contractors or by the Owner's own forces. 1,7,21 Providing services of consultants for other than
1.7.8 Providing services In connection with the work of the normal architectural, structural, mechanical and elec.
i a construction manager or separate consultants retained trical engineering services for the Prolecl,
by the Owner, 1.7.22 Providing any other services not atherwise in-
1.7,9 Providing Detailed Estimates of Construction Cost, eluded in this Agreement or not customarily furnished in
i analyses of owning and operating costs, or detailed quan• atcordance with generally accepted architectural practice.
i city surveys or inventories of material, equipment and 1,8 TIME
labor. P
1,7.10 Providing interior design and other similar ser• 1.8.1 The Architect shall perform Basic and Additional i
vices required for t In connection whir the selection, Services as exped tiously as is consistent with professional
procurement or installation of furniture furnishlngs and skill and care and the Owner, progress of the Worc Upon
related equipment. request of the Owner, the Architect shalt submit for the ;
1.7.11 Providing services for planning tenant or rental AArch tect +A crvices vihichdshall betadjusted s required as
spaces. the Project proceeds, and shall include al Iowa ncesforperf•
1.7,12 Making revisions in Drawings, Specifications or ods of time required for the Owner's review and approval
other documents when such revisions are inconsistent of submissions and for approvals of authorities Flavin
I!urisduuionrnerthePmjrrt
.
with written anprevats or instructions previously given, This schedule, "hen approval
are required by th• aclment or revision of codes, laws OY the Owner, shall not, except for reasonable cause, be
OF rtgubtions subs.quent to the preparation of such doc- exceeded by the Architect.
uments or are due to other causes not softly within the
control of the Architect. ARTICLE 2
1713 Preparing Drawings, Specifications and supporting THE OWNER'S RESPONSIBILITIES
data and providing other services In connection with
Change Orders to the extent that the adjustment to the 2.1 The Owner shall provide full information regardiag
Basic Compensation resuTling from the adjusted Con- requirements for the Project including a program, which
struction Cost is not commensurate with the services re- shall set forth the Owner's design objectives, constraints
quired of the Architect, provided such Change Orders are and criteria, Including space requirements and relation-
; required by causes not solely within the control of the ships, Rexibildy and expandability, special tqutpment and
Architect. systems and site requirements.
1.7,11 Making Investigations surveys, valuations, invert- 2,2 If Ile Owner provides a budget for the Project It
lodes or detailed appraisals of existing facilities, and serv- shall include contingencies for bidding, changes In the
ices required in connection with consiruction performed Work du ing construction, and other costs which sit the
by the Owner, resporn+b,loy of the Owner, including those described In
LA15 Providing consultation concerning replacement of atlrte reque tnofltheuAruhiitgcclhprowde ae~ttmert. of
any Work damaged by fire or other cause during con- 11 fos available for the I'micct, and their source.
1114 11/OCUMEN71111 1 01, rMARCWItC1 ACREEM INT • THIAM OH EOr1rON sutV 14 .'r Arxa a O 1971
THE ANEKICAN INStITUTE Or ARCHITICTS, 1199 Nth' YORK AVMC N.W, 15 ASr IICGt UV', UC. M4
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2.3 senttoc Owner authorirod to act ine the h Owncr'ss
fineedd, specified, selected or s eclat!
re brh, wi rep h the , sitct.
rasped to the Project. The Owner or such authorized p Y provided for by
representative $halt examine the documents submitted by 3.1.3 Construction Cost does not Include the compen- l
the Architect and shall render decisions pertaining thereto sation of the Architect and the Architect's consultants,
promptly, to avoid unreasonable delay in the progress of the cost of the land, rights-of-way, or other costs which 1
the Archs'ect's services, are the responsibility of the Owner as provided in Arti•
2.1 The Owner shall furnish a legal description and a Cie 2.
certified land survey of the site, giving, as applicable, 3.2 RESPO.'Will ltY FOR CONSTPUCTION COST l
grades and lines of streets, else's, pavements and adjoin.
In$ property; rfghts•of-way, restrictions, Basemen's, en. 3'2'1 Evaliations of the Owner's Project budget, Stale.
croachments, zoning, decd restrictions, boundaries and ments Of Probable Construction Cost and Detailed
any, prepared by the
da at pert Iningetoterrs~ng bulld~ngse onsion ther Improvements
AEstihmates ~epresent the Architect's abest judgment as a
and trees; and full information concerning available srrv- design professional familiar with the construction Indus.
ice and utility lines both public and private, above and try. 11 is recognized, however, that neither the Architect r
below grade, including inverts and depths, nor the Owner has control met the cost of labor, mate-als or
equi
the
Cont
ractor's de.
2.S The Owner shall furnish the services of soil engi• lerm ning bid prces~orrover competitive bidding, smarket
neers or other consultants when such services are deemed or negotiating conditions, Accordingly, the Axhitect
necessary by the Architect. Such services shall include test cannot and does not warrant or represent that bids or
borings, test pits, sci! bearing values, percolation tests, air negotiated prices will not vary from the Project budget
and water pollution tests, ground corrosion and resistivity proposed, established or appu)ved by the Owner, if arty,
tests, including necesiary operations for determining sub- or from any Statement of Pro able Construction Cost or
soil, air and water conditions, with reports and appropri• other cost estimate or evaluation prepared by the Archl-
ate professional recommendations,
tact.
2.6 The Owner shall furnish structural, mechanical, 3.2,2 No fixed limit of Construction Cost shall be estab-
chemical and other laboratory tests, inspecli, ns and re• lished as a condition of this Agreement by the furnishing,
1 ports as required by law or the Contract Documents. proposal or establishment of a Project budget under Sub'
2.7 The Owner shall furnish all legal, accounting and in- paragraph 1.1.7 or Paragraph 2.2 or otherwise, unless such
time forcthenProlject, srvices includins smay, be n fixed uch auditing services as
ecessary at any g the parrtieshhereto, t such a~ ed limitr and ried
estab
l the Owner may require to verify the Colraclor's Applies, lished, the Architect shall be
permitted lions for Payment or to ascertain how or for what pur• lingencies for design, bidding and price escalation, to de•
poses the Contractor uses the moneys paid by or on be• carmine what materials, equipment, component systems
half of the Owner. a
tract nd types of construction are to be Included in the Con-
q tired pervices
be entit led uagnphsf 2f 4 lhroughu2.7ylndu Iva shag be scopr ofdhe Projec~andk o Indudelo thadjusin,ents In e Contract Dotue
furnished at ro the Owner's expense, and the Architect shall mere alternate bids 1o adjust the Construction Cost to the
rely upon the accuracy and tom lateness fixed limit. Any such fixed limit shat, be increased in the
thereof.
thereof, p amo,:rr, of ar,i increase in the Contract Sum occurring
If the Owner observes or otherwise becomes aware aftr.t execution of the Contract for Construction.
2. any fah or defect the Protect or becomes aware 3'2'3 If the Bidding or Nego,, tion Phase hit not
com'
with the l o or clef Documents merited within three months a'r•r h l smite
thereof shat) be Bison by the Ownromptt written notice the Construction Documents to weOwner, inyP Project
budget or fixed limit of Construction Cost shall be ad.
2.10 The Owner shall furnish required information and justed to reftect any change In the general level of prices
services and shall render approvals and decisions es ex- In the construction industry between the date of submit.
peditiously as necessary for the orderly progress of the slop of the Construction Documents to the Owner and
Architect's services and of the Work, the date on which proposals are sought-
ARTICLE 3 3.2.4 If a Project budget or fixed limit of Construction
Cost (adjusted as provided In Subparagraph 3,2,3) is ex.
CONSTRUCTION COST seeded by the lowest bona fide bid or negotiated ppro.
3.1 Ot1hVITION posts, the Owner shall (1) give written a proval Van
increase in such fitted limit, (2) authorize rebidding or re-
3.1.1 The Construction
Cost shall be the tole! coal or negotiating of the Project within a reasonable time, (3) If
estimated cost to the Owner 0 all elements of the Project the Project Is abandoned, terminate In accordance with
designed or specified by the Architect paragraph 10,2 or (4) cooperate In revising the Project
3,1,2 The Construction Cost shalt Include at current scope and quality at required to reduce the Construction
market rates, Including a reasonable allowance for over- tlo
Cost, in the -Ase of (4), ri Cos( has been establliisheidasa condition'of this Agree.
head and profit, the cost of labor and materials furnished menl, the Architect, without additional charge, shall mod.
f by the Owner and any equipment wkch has been de• ify the Drawings and Specifications is necessary to comply
6 11ab1977 THE AMER UN 1VStr1Ult Or AEC141105, 1733µA[W YOaxt A1'[NUE~I N.W,'w'AIHINOtON, d- 100
lvlr t!n r AM r p Me
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with the fixed limit The p.o,iding of such service shall be or extended Through no fault of the Architect, eompensa-
the limit of the Architect's e ponsib;fity ari,ing from the lion for any Haslc Scrslces required for such extended
establishment of such fixed limit, and hazing done so, the period of Adminislrabori of the Construction Contract
Architect shall be eroded to compensation fur all services shall be computed as set forth in Paragraph 14.4 for Addi•
performed, in accordance with this Agreement, Mipther tional Services,
or not the Construction Phase is commenced. 6.1.4 When compensation is based on a percentage of
Construction Cost, and any portions of the Project are
ARTICLE 4 dcfeted or otherwise not constructed, compensation for
DIRECT PERSONNEL EXPENSE such portions of the Project shall be payable to the extent
services are performed on such portions, in accordance
9.1 Direct Personnel Expense Is defined as the direct sal- with the schedule set forth in Subparagraph'14.2.2, based
aries of all the Architect's personnel engaged on the Proj- on (1) the lms est bona fide bid or negotiated proposal or,
ect, and the portion of the cost of their mandatory and (2) if no such bid or proposal is received, the most recent
customary contributions and benefits related thereto such Statement of Probable Construction Cost or Detailed Esti-
as employment taxes and other statutory employee bene• mate of Construction Cost for such portions of the Project.
fits, Insurance, sick leave, holidays, vacations, pens:ans 6,2 PAYMENTS ON ACCOUNT Of
and similar contributions and benefits. ADDITIONAL SERVICES
ARTICLE 5 6.2.1 Payments on account of the Architect's Additional
Services as defined in Paragraph 1.7 and for Reimbursable
REIMBURSABLE EXPENSES Expenses as defined In Article S shall be made monthly
upon presentation of the Architect's statement of services
S.1 Relmb'irsable Expenses are in addition to the Com• rendered or expenses incurred.
pemation for Basic and Additional Services and Include 6 pAYA1ENiS YY'ITHN[lD
actual expenditures made by the Architect and the Archi-
tect's employees and consultants in the interest of the 6.3.1 No deductions shall be made from the Architect's
Project for the expenses listed in the following Sub- compensation on account of penalty, liquidated damagos
paragraphs: or other sums withheld from payments to contractors, or
3.1.1 Expense of tfansportaticrl in connection with the on account of The cost of changes in the Work other than
I~ Project; living expenses in connection with out-ol•town those for Aoich the Architect is held legally liable.
E trasa; long distance communications, and fees paid for 6.4 PROIECTSUSPENSiONORT[RMiNATION
securing approval of authorities having jurisdiction over 6.4,1 If the Project Is suspended or abandoned in whole
the Project, or in part for more than three months, the Architect shall
5.1.2 Expense of reproductions, 1 ostage and handling of be compensated for all servlces performed prior to receipt
Drawings, Specifications and other documents, excluding of written notice from thu Owner of such suspension or
reproductions for the office use of thr Architect and the abandonment, together with Reimbursable Expenses then
Architect's consultants. due and all Termination Expenses as defined In Paragraph
S,1.3 Expense of data processing and photographic pro- 10.4. If the Projecl is resumed after being suspended for
duction techniques when used in connection with Addi• more than three months, the Architect's compensation
tional Services. shall be equitably adjusted.
SAA If authorized in advance by the Owner, expense of
overtime work requiring higher than regular talcs. ARTICLE 7
S,13 Expense of renderings, models and mock-ups re- ARCHITECT'S ACCOUNTING RECORDS
quested by the Owner.
7,1 Records of Reimbursable Expenses and expenses er•
5.1,6 Expense of any additional i.l+uancc coverage or
I laming to Additional Services and services per
rformed on
limits, including ornfessional lial:ility inwranca rcqurstcd
b the hasis of a Multiple of Direct Persunnel Expense shall
by the Owner in excess of that normally carried by the be kept on the basis of generally accepted arcounting
Architect and the Architect's consultants, principles and shall be available to the Owner or the
ARTICLE 6 Ossner's authorised representative At mutually convenient
times
PAYMENTS TO THE ARCHITECT ARTICLE 8
6.1 PAYMENTS ON ACCOUN? OP 6ASIC SERYIC[S OWNERSHIP AND USE OF DOCUMENTS
6.1.1 An initial payment as set forth In Paragraph 14.1 is c
the minimum payment under this Agreem, I. 0.1 Drawings and Specifications as Instruments of serv.
Ice are and shall remain the property Of the Architect
6.1.2 Subsequent payments for Basic Services shall be whetlltr the Project for which they are made Is executed
made monthly and shall be In proportion to services per- or not. The Owner shall be permitted to retain copies In-
formed within each Phate of services, on the basis set Eluding reproducible Copes, of Drawings and Spec;hca-
forth In Article 14. lions for information and reference in connection tAlth the
6.1.3 II and to the extent that the Contract Time Initially Owncr's use and occupancy of the Project. The Diawings
established in ilia Contract for Construction is exceeded and Specifications shall not be used by the Owner on
A14 DOCUMINl 11416 0NNV-ARC HAW AfIf it x'I 'It • Unit I itVH tO010V r JULY 1" r MAI x C 1,Y7
1Ha AMfa1CAR INstilUrt Or ARCHOICtS, 1716 NLt'. IOeK AxlvlI, NW, wAStunelov, DC. ;xf% !1N•1977
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unprthojlectr
i'su, ftertor addbyotheitionsrstoprovthisidPrordjecthet,Aor forrchitectcomple• 1^ ! Termination E*penses include expenses directly at.
tif + is not tributable to termination for Mik h the Architect Is not
in default under this Agreement, except by agreement in olh-mise compensated, plus an amount computed as a
1mfmg and Hith appropriate cumpensation to the Archi- pe•cenrage of the total Basic and Additional Compensa•
lion earned to the time of termination, as follows:
8.2 Submission or distribution to meet official regulatory .1 20 percent if termination occurs during the Scsi -
requirements or for other purposes in connection with the matic Desl~,n Phase; or
Project is not to be construed as publication In derogation
of the Architect's rights. 7 10 Development nterminal;;.- occur; during the resign
velopment Phase; or I
.3 5 percent if termination occurs during any subse•
ARTICLE 9 quent phase. i
ARBITRATION ARTICLE 11 1
9,1 All claims, disputes and other matters in question
between the parties to this Agreement, arising out of or l1lISCELIANEUUS PROVISfONS
relating to this Agreement or the breach thereof, shall be 11.1 Unless othenstse soecified, this Agreement shall be
decided by arbitration In accordance with the Construe- governed by the law of the principal place of business of
lion Industry Arbitration Rules of the American Arbitra- the Architect. FFi
lion Assoc'ation then obtaining unless the partie; mutu- 11.7 Terms in Phis Agreement :hall have the same mean- 1
ally agree ethvrwise. No arbitration, arising out of or re- ing as those in AtA Document A201, General Conditions
lating to this Agrrement, shall include, by consolidation, of the Contract for Construction, current as of The date
Join i or is any other manner, any additional person not of this Agreement. rxc j a ni B a this Ae reference loethtibywritten consen
and stigne - 11.3 As between the parties to this Agreement: as to all
acts or failures to act b L
by the Architect, the Owner, and any other person sought y either party h this r6nice rat,
to be joined. Any consent to arbilrarion Involving an ad- any applicable statute of limitations acton shall commence to
ditional person or persons shall not constitute consent to run and any alleged cause of action shall be deemed e-
arbitration of any dispute not described therein or with have accrued in any and all nplei,rnot later than the and as
I any person not named or described therein. This Agree- t ant Dale of or Subsiamiial failures Coact moc un of the Work, and as
ment to arbitrate and an' agreement to arbitrate with an to any acts or failures to eti n riot;at after the relevant 1
additional person or persons duly consented to by the Date of Substantial Completion not later than the date of 4
parties to this Agreement shall be specifically enforceable 11.4 The The the Owner final an Ced the rtithe f Architect or Payment
under theprevailtngarbitration law.
against waive ac salt-
9.2 Notice of the demand for arbitration shall be filed In mj►,ageneach ts and hemployeesaof sthe other contractors, rdamages Cov-
willing with the other parry to this Agreement and with ered b an
the American Arbitration Association. The demand shall y Y property insurance during construction as set 1
be made within a reasonable time after the claim, dispute forth in the edition of , the rdale ofnt ills A General The
Con-
or other matter in question has arisen. In no event shall Owmes, contra! A of the date of this Agreement The 1
The demand for arbitration be made after the date when similar r and waivers the from Architect
tale
their each
conlshallraclorequire alarms and
institution of legal or equitable proceedings based on n, consultants 1
a
such claim, dispute or other matter In question would be gents.
barred by the applicable statute of limitations.
9.7 The award rendered by the arbitrators shall be final, ARTICLE 12
j
and judgment may be entered upon it in accordance with SUCCESSORS AND ASSIGNS
applicable law In any court having Juris&c1lon thereof. 12,1 The Owner and the Architect, respectively, bind ?
rhemsclhvs, their partner, successurs, assigns and legal
ARTICLE 10 representatives to the other party to this Agreement and
to the partners, successor, assigns and leg~al represtri
TERMINATION OF AGREEMENT t;vus of such other parry with aspect to all covenants of
10,1 This Agreement may be terminated by either party this Agreement, Neither the Owacr not the Architect sha l
upon seven days' written notice should the other pat assign, sublet or Transfer any the ott in this Agreement
fail substantially to perform in accordance with its terms without the written consent of the other.
through no fault of the party Initialing the termination,
10.7 This Agreement may be terminated by the Owner ARTICLE 13
upon at least seven days' IA rilten nollce to the Architect
in the event that the Project is permanently abandoned. EXTENT OF AGREEMENT
E 10.3 In the event of termination not the fault of the At. 13,1 This Agrecment rrprernts the entire and integrated
10.3 t In
Architect shah in compensated for all the At. agreement between the Owner and the Ar hitect and
performed to termination date, together with all services supersedes all prior negm.,tions, represcr ions or agree-
able Expenses then due and all Termination EM enses as meets, ether written or oral. This Agreement may
defined in Paragraph 10.1. P amended only by written instrumrnl signed by both
th
Owner and Architect
ATA 000UMIN11141 {
E 1111.10" TNI AMIRICAN rNSIIIUO`I OII AacrrlilllC d!'15µ Ili*10rK1 Al t t',[tl v ,11 1-1 ~ 1 r • r lit)'
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ARTICLE 14
BASIS Of COMPENSATION
The OA net shall compensate the Architect for the Scope of Services provided, in accordance with r,rticle 6, Payments
to the Architect, and the other Terms and Conditions of this Agreement, as follows:
14,1 AN INITIAL PAYMENT of N/A
dollars (S )
shall be made upon executiwl of this Agreement and credited to the 0,Aner's account as follows:
14.2 BA51C COMPENSATION
14.2.1 FOR BASIC SERVICES, as described in Paragraphs 1,1 through 1.5, and any other services included in Article 1S
as part of Basic Services, Basic Compensation shall be computed as follows:
0IF,9 IN@1 burl, or conprmaivn, tnrludma bud amounts, multtplrs or p.,cenlsaet, end Idrnt7ly rhales to whlcA plellrvlar a81hm el eomprnn-
rcn apply, N nrcasury t
€ Eighty Two Thousand and no/100 Dollars ($62,000.00)
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h 14.2,2 Where compensation is based on a Stipulated Sum or Percentage of Construction Cost, paymenis for BASIC
Services shall be made as provided In Subparagraph 6.1.2, so that Basic Compensation for each Phase shall
equal the following percentages of the total Basic Compensation payable:
l rtndude any ldddtenll rMtn at appropNarr 1
:
Schematic Design Phase: Fifteen Design Development Phase; Twenty percent percent 215
percent ( 40
0
Construction Documents Phase: Fort ,
Bidding or NeSobation Phase: y percent l +♦0 !G)
Five petcenE(
Construction Phase: Twenty
percent (20 !L)
14,1 FUR PROJECT REPRf>ENTATION BEYOND BASIC SERVICES, as described in Paragraph 1.6, Compensation shall
be computed separalely in accordance with Subparagraph 1.6.2.
AIA Doc♦.'MtYI aril . a~ NW"LR rIA[tnttct AGAii 'F T . fluala tHm tnltt 9 r lulY ts~) r Al
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,'it hNf aVCA4 ISat TCTf Or AACnltltTf, 1'3e Nft1 lOaK A1'[cUl, !e'N'„ RA9H14C104, DC. 7041{ ..y
614,.19 s
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14.4 COMPENSATION FOR ADDITIONAL SEPV1CES
1
14.4.1 FOR ADDITIONAL SERVICES of THE ARCHITECT, as described in Paragraph 1J, and any other services in. T
eluded in Article 15 as part of Additiondl Services, but excluding Addttional Services of consultants, Compen.
cation shall be computed as follows,
(Herr Imam boil or tomprn Jriml ind,;d!nr r4,r, nn,! cd mui, plrr of Dunr Pt'W`1nrf t,rKnlr for hlnrirps Jgd rmploltel, Ind id,,I;4 ►,incipllt
Ind dudry rmpfoyea. Ir 1,quhed Idewity, ry,oGc rerrcrr to which riotu4r mct1,,d, nl rampemrNnn apply, if nrcr.tuyJ t
James R. Kirkpatrick Twenty-Five Dollars ($25.00) per hour r
Staff Personnel Two and one-half (2.5) times. direct personal
expe,ise. f
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14,4.2 FOR ADDITIONAL SERVICES Of CONSULTANTS, Includin89 additional slrufAural, mechanical and electrical f
engineering aenices and those prcvided under Subparagraph 1,7.21 or identified In Article 13 as part of AUI- 1a
tionalSetvices,a mulopleof one and 15/100'1 1 1.15 t times the amounli billed
to the Architect for such services.
r[QenUry IpectAt types of toinruhamb in Aq,de r3, 11 ,ro„ord 1
14.5 FOR REIMBURSABLE EXPENSES, as described in Article 5, and any Dther items Included in Arline 15 as Reim• J 1
bursobte Esipmes, a multiple of one and 15/100'e , J
pended by the Architect, the Architect's empbyees and consultants ins d the interest ofsthe Project. ex. J
14.6 Payments aue the Architect and unpaid under Ihis Agreement shall bear Interefl from the dale payinent Is
due at the rate entered below, of In the absence thereof, m the legal rate prevailing at the principal place of
business of the Architect.
Ilfere bhfr7 any rile b71me!elt Iare rd up,n I 1.
111 I04'1 Ind rrQuiHmrnll under Ur Ior? lI , 7r„dine Arl. ,,mdu , lh rod hVii ronlumr, (14 .61 IJn, and orhrr ffr,dlitori of the i
Oweetl Ind A1,11,4"I9 pnnrlper pin es of bw!nru. tho h,.Il'nn , r rh., P, y, rr "J rl,rehHe TIr Ihec1 the b4d,ry of this gm;tmn. S,WlrK le d
Isrree fhtwrd he ebWnrd nllA input is drrrr...6 mr tr•,,,r~.'n, ,
, rdA, r "4"" mn:, ry,h of ehrrrn dadoiWty nr wR,en 1 it
! 1
14.7 The Owner and the Architect agree in accordance with the Terms and Conditions of this Asreement that;
j 14.7.1 IF THE SCOPE of the Project or of the Architect's Scr,iccs is changed maleriaPy, the amounts of compensation
shall be equitably adjusted.
14.1.1 IF THE SERVICES covered by this Agreement hate not hre,, compleled irithln twenty. four
I months of the date hereof through no fduil of the Ar(hitect, the amounts of compensation, rates and
multiples set forth herein shall 6e equttablti adjusted,
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10 5141.1971 AfA Mf Ai tut a r)',% g4•Arei•,~tlc r arch ~q%t 4 IMF ••I tD!4u. 1 Il. cv 11- r ArM p7f~ r{
1Ht A"IDOtNCAV l~fLrM Of ARCU,RttS S:rS NIA( SORk ANI M, N.H., ft! a!shSDV. D,C f1>nOt I'
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ARTICLE 1S
OTHIR CONDITIONS OR SERVICES
Additional costs not included in the basic compensetionb if required,
are as follows:
1. Soils Investii;ation -----------------------------Direct Cost
2. Topographic Survey -Direct Cost
i
3. Bid Documents Direct Cost
4. Bid Advertisement Direct Cost
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AIA60CUPAW1141 1 0AM ARCH1110 ICkttAI[N:0
1H[ AWAIC44 INS[IIL11 W ARCH111CIR. VH N[N VORKIAV[Nl[D1NWV WMH1NCio%,, OCO2M
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This Agreement entered Into as of the day and year first written above.
OWNER
j THE CITY OF DENTON ARCHITECT JAMES It. RIRKPATAiCK ;
30
D0._ntEaLTexas 762f11 Suite 1
II - First State Bank Bld ,
~'~6enton, Texas
17 1141.1977 AIA OOCUMIN11141 6 OWNER Ak CNIt ICT ACRIIMtNt INIVItNTN IDit ON 0 UIY 101 AIM 011TJ
VNi AMiGCAN INSTISUII 01 ARCW1103. WS NIW VORk AVINUI, N W. YvASNINVON. D.C !0011
Do"
1
MEMORANDUM
DATE: November 21, 1979
TO: King Cole, Assistant City Manager
FROM: Jack Gentry, Fire Chief
SUBJECT: Services Agreement With Donald Glynn Erwin
Our contract agreement with Donald Glynn Erwin as consultant
to the Emergency Medical Service Division of the Fire Depart-
ment will expire December 1, 1979.
E I recommend the contract to be renewed with the following
j changes:
s
1. That the contract be renewed for the remainder of
3 the physical year, 10 months,
t
Money has been budgeted.
2. That the average working hours be reduced from 50
hours to 42 hours every two (2) calendar weeks.
3. That the hourly rate be increased from $6.29 per
hour to $7,50 per hour. This will not cf,ange the
monthly rate.
Donny Erwin has not had a rate increase the past 18 months
that he has been under contract. He has already raved us
6,750.00 on EMT Certification alone, lie will be conduct-
ing another EMT Class in 1980 plus re-certification (every
2 years) of the first class conducted in June of 1978. We
are charging people outside the Fire Department for EMT
Training and from the last class we contributed $650.00 to
the general fund as revenue.
Don Erwin has been a real asset as a part-time employee
to tie Fire Department not only as EMS Coordinator with the
Texas Health Department and tho EMS Division of the North
Central Texas Council of Governments, He has established
our Emergency Medical Services Policies and Procedures, our
Protocal call with the hospitals and doctors as well as in-
dividual training. He advises us on the purchases of medi-
cal supplies and equipment.
Until such a time that our department requires a full-time
EMS Coordinator, and that will require Civil Service Status,
Donny Erwin is saving us money on a part-time basis,
• ea arw
i
THE STATE OF TEXAS ( SERVICES AGREEMENT
COUNTY Or 'DENTON )
i
This agreement, made end entered into this let day elf,
i
December, 19791 by and between the City of Denton, Texas, a
Municipal corporation ("City'( and Donald Glynn Erwin
("Consultant'). J
WHEREAS, the City desires to retain tha services of the
Consultant to assist in the training of firemen in the area of
emergency health care and to utilise Consultant's skills, I
experionce and abilities as a qualified finergeney Medical
Technician and paramedic in implementing ambulance service
¢rograms with the city's rise Departments
NOR, THEREFORE, in consideration of the mutual covenants
{
and agreements herein contained the pasties hereto agrees as
i
follows,
1, City agrees to contfact with and pay Consultant for
personal services rendered for a period of tan (101 months
commencing December If 1979, on a part-time basis at a total
salary of $7.50 per hour, Consultant hereby agrees that such
part-time basis shall consist of working an awrays of
Forty-tvo (It' hours every two (i) colander weeks with payment
to be made ko said Consultant every two (f) weeks,
i Consultant's services Shall be performed under the
g.earal direction of the City's fire department chief, but
Consultant shall have final supervisory authority with re9814
to all training of emergency medical service personAela
f, City agrees to provide Consultant with gonraal
liability and malpractice insorincer and, provide life
insurance and workmen's compensation insurance equivalent to
that of City's employees. rifthsrmocea at said Consultant's
request and for hts benefit, social security deductions will
not be subtracted from Consultant's salary although other
applicable withholding deductions shall be subtracted,
i
Mel
Consultant shall submit a monthly progress report to
scch form as may be required by the City's fire department
j chief showing the status of the work, it progress is delayed,
the report shall state the reasons for such delay.
S. Either patty may at any time, and for any reason,
terminate this contract by written notice specifying the
I termination date, which shall not be less that two (2) weeks
from the date such notice is given, in the event of such
termination, the Consultant shall be paid such amount a shall
compensate him for the portion of the work satisfactorily
performed prior to the termination date. Termination under
` this section shall not give use to any claim against the City
li for damages or compensation in addition to that provided
hereunder.
I 6. City agrees to indemnify and hold harmless the
Consultant from all alalee, demands, or lost damage resulting
from, or arising
out o! the operation of the ambulance service
program, but will not under any cletumstances indemnity the
Consultant for any willful, intentional or malicious sots on
his part.
7. It Is the express intention of both parties to this
contract that Donald Glynn Erwin to being employed by the City
an an independent contractor for personal consultant services
and that said Donald Glynn Erwin Is in no ways to be considered
an eaployfa of the city.
MOB AND tftcuTEo on the day brat above written.
CITY Or DENTON, TIUS
Iyi
fiCUR19'R7tlt'
CITY MANAGEA
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ATTIETI
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CITY Ot 0E144'G0, TEXAS
RTT
CITY OF DENTON
MEMORANDUM
DATE OF MEETING: December 11, 1979
AGENDA ITEM: Bid #8711 Boiler d bfact:inery Insurance
SU"%MRY:
This bid invitation, was sent to all the local insurance agents
and/or agencies in Denton. The bid forms were delivered to five agencies.
Howevcr, we received only one bid.
FISCAL SUM14ARY:
This is bul.eted in Utilities and other departments as the coverage
may apply,
ACTION REQUIRED:
Approval by Council in order for coverage to begin January 1, 1980.
ALTERNATIVES:
Re-bid, which rouid necessitate short term coverage until the new
bids are received and .warded.
STAFF RECOMMENDATIONs
We recommend this bid by awarded to the only bidder as submitted by
Jim Watson of Watson-Neu Insurance, through Denton Insurance Center, at the
annual premium of $109,571.00.
EXHIBITS:
Tabulation sheet.
John J. Marshall, C.P.M,
.,Purchasing Ageat
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BIU 8211
Denton Ins Ramey- Nichols d Employers Jerry
MD __Boiler 6 Machinery Insuran.e %Ji„, King& White Casualty Lewis
Watson Minnis Ins.
UPFN_N4Y€mJ~Sr_Z9~ 129-.__ Watson-
ACCOUNT Neu
r
V , j i ER[iOR VER R-) li t3FUU-0-0R VFETIU T " VER56ft`- GIiNFii~r'-- 1x')ii- _
Yearly cover&e as listed- - - _ _
and sJ3pwnArLBid Specifications 109,571.00 _N/B NIB N/B N/B
}
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