HomeMy WebLinkAbout07-18-1989
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I AGENDA
CITY OF DENTON CITY COUNCIL
July 16, 1989
Work Session of the City of Denton City Council on Tuesday,
July 18, 1989, at 5:30 p.m. in the Civil Defense Room of City
11all, 215 E. McKinney, Denton, Texas at which Lha following
items will be considered: iJ
5:30 p.m.
Note: Any item listed on the Agenda for the Wo;k Session may 11111
also be considered as part of the Agenda for the 1
Regular Meeting. 1111
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1. Receive a staff report concerning a rate increase ,
request from Denton Taxi.
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2. Receive a recommendation from the Low/Moderate Income
Housing Task Force.
3, Executive Session:
A. Legal Matters Under Sec. 2(e), Art. 6252-17
V.A.T.S.
1. Consider action in In ce• F1 and to
County vs. City. ~_~4WM
B. Real Fstate Under Sec. 2(f), Art. 6252-17
V.A.T.S.
1. Discuss riglit-of-way alternatives on
Nottingham.
C. Personnel/Board Appointments Under Sec. 2(y),
Att 6252-17 V.A.T.S.
Regular Meeting of the City of Denton City Council on Tuesday,
July 18, 1989, at 7:00 p.m. in the Council Chambers of City
Hall, 215 E. McKinney, Denton, Texas at which the following
items will be considered:
7:00 p.m.
4 1. Presentation by County Judge Vic Burgess regarding
Denton County Day for Economic Development.
2. 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.
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City of Denton City Council Agenda
July 18, 1989
Page 2
Listed below are bids and purchase orders to be
approved for payment under the Ordinance section of the
agenda. Detailed back-up information is attached to the
ordinances (Agenda items 2.A, e.8). This listing is provided
on the Consent Agenda to allow Council Members to discuss any
item prior to approval of the ordinance.
A. aids and Purchase Orders:
1, bid 09981 - Filter Sand and Gravel
2. Bid 09984 - Acme, Audra Paving/Drainage and
Davis Street Paving
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E 3. bid 09988 - Fire Station 05
3. Ordinances
A. Consider adoption of an ordinance accepting
competitive bids and providing for the award of
contracts for the purchase of materials,
equipment, supplies or services.
B. Consider adoption of an ordinance accepting
competitive bids and providing for the award of
contracts for public works or improvements.
C. Consider adoption of an ordinance authorizing the
Mayor to execute an agreement with Traffic
rngineoring consultants for consulting services
relative to the City's downtown Denton Square;
and authorizing the expenditure of funds
therefore. (The Citizens Traffic Safety Support
Commission recommends approval).
D. Consider adoption of an ordinance approving a
contract between the City of Denton and LGFS for
on-going maintenance on LGFS. (The Data
Processing Advisory board recommends approval).
L. Consider adoption of an ordinance authorizing the
City Manager to execute an agreement with Coopers
( 6 Lybrand for consulting services in developing a
provider plan for the City's insurance plan.
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City of Denton City Council Agenda
July 18, 1989
Page 3
4. Resolutions
A. Consider approval of a resolution appointing Ray
Stephens to the Board of Directors of the Texas
Municipal Power Agency.
5. Consider a motion authorizing communication to the
State Htghway Department concerning the construction
design for Fort Worth Drive. I
6. Miscellaneous matters from the City Manager.
7. Official Action on Executive session items:
A. Legal Matters
B. Real Estate
C. Personnel
D. Board Appointments
8. New Business:
This item provides a section for Council Members to
suggest items for future agendas.
9. Executive session:
A. Legal Matters Under Sec. 2(s), Art. 6252-17
V.A.T.S.
8. Real Estate - Under Sec. 2(f), Art. 6252-17
V.A.T.S.
C. Personnel/Board Appointments Under Sec. 2(g),
Art 6252-17 V.A.T.S.
C E R T I F I C A T E
I certify that the above notice of meeting was posted on the
bulletin board at the City Hail of the City of Denton, Texas,
on the day of 1989 at o'clock
CITY SECRETARY
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clry or DENrON / 215 E. McKinney I Denton, Tema, 76201
AAA.9AAKPIt A
DATES July 121 1989
TOs Lloyd V. Harrell, City Manager
PROMS Harlan L, Jefferson, Risk Manager
SUBJECTS DENTON TAXI SERVICE RATE INCREASE REQUEST
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RECOMMENDATION
If` After evaluating the Denton Taxi Service's request for an increase in their
rates (Attachment I), we recommend increasing their present pick-up rate, time
rate, and mileage rate.
EVALUATION
There are basically four factors that contribute to the need of a rate
increase by the Denton Taxi Service. These factors are as followas
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I l o The level of inflation since the last taxi service rate
increase
o A decrease in the company's net profit while their gross
income increased substantially
o A survey of taxicab rates among metropolitan cities
o The frequent change in owners of the Denton Taxi Service
during the 1980's
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The present taxi rates were enacted in 1980. Since that time, the Consumer
Price Index for the Dallas/Fort North area (which is a measure of inflation)
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j increased 48.21, Although they ,,robably did not experience an increase in all
f` of their expenses that correspc"ded with the Consumer Price Index, increases
certainly occurred in wages, rent, utilities, advertisements licenses,
maintenance, materials, supplies, etc.
Secondlyp a review of Denton Taxi Service's financial records indicate that
their grove income increased by 261, while their net profit decreased by 211.
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Memo to Lloyd V, Harrell
July 12, 1989
Page 2 of 3,
This was primarily caused by more than a 1001 increase in auto insurance, from q
approximately $5,400 to $10,865. Additionally, their auto maintenance coat 1I1I1I111111
increased by more than 60D1, from approximately $1,338 to $110537. When one
considers the 261 increase in their growth margin, you have to conclude that
they are being utilized by more citizens and making leas money while doing eo,
Thirdly, we conducted a survey of taxicab rates in the metroplex to determine
how compatible the proposed rate increase is to other rates in the area, The
following are the results of the surveys
TABLE I
RATE CATEGORIES J
CITY Pick-up-. Time Mileage
Adiison $1,30 $0.25/90 Sec. $1,00
Arlington $1.30 $0,25/90 Sec, $1,00
Dallas $1.30 $0.25/9U see. $1.00
Denton (Current) $1.20 $0.20/90 Sec. $1.00
Denton (Proposed) $1.30 $0.20/45 Sec. $1.10
Irving $1,30 - $1.CO
Lewisville $1.30 $0.20/90 Sec, $ .60
Plano $2,50 $0.30/90 Sec. $1400
E Of the proposed rate change, the pick-up rate is consistent with other citieet
however# the time rate is higher than that of other cities and the mileage
rate is slightly higher than that of other cities. These rates must be
compared with two points in mind. First, other cities are also considering
adjustmem.a In their taxicab rates, Secondly, each city has to design its
rates according to the characteristics of its community. In Denton,
passengers often stop at several locations during one trip and ask the driver
to wait. Under the present rate structure, the taxi brings in considerably
leas revenue while waiting for passengers, as opposed to transporting them.
The impact of the time rate increase is exhibited in the table below# which
compares the average cost of a five-mile trip between the present rates and
proposed rates.
TABLE 11
Denton Taxi Rates
Present croooseC Difference
I Pick-Up $1.20 $1.30 $0,10
f! Time 0.16 D.37 0119
Mileage 5.U0 5.50 0.50
Total $6.38 $7.17 $0.79
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Memo to Lloyd V. Harrell
July 12, 1969
Page 3 of 3.
Finally, it is possible that the frequent change in ownership of the Denton
Taxi Sorvice may be related to the profitability of the company. (During the
last nine years, the company has changed owners three times.) Without taking
steps to improve their profit margin, they will continue to experience
difficulties. Apart from a rate Increase, the owners should also consider
methods of reducing their expenses, Although they have limited cw rol over
their insurance premiums, an expense reduction can be accomplished by
implementing a vehicle replacement program for older taxicabs with high
maintenance coats.
It is recommended that the City Attorney's office be asked to prepare an
ordinance implementing the request as made by the Denton Taxi Service. We
have provided you with a copy of the
present ordinance (Attachment II).
Council may want to schedule a public hearing at the same time the ordinance
is formally considered,
If you have any questions or corunente, please do not hesitate to contact me.
Harlan L. Jef • n
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ATTACHMENT II
123/3 D£NTON CODE 126.;,1
ARTICLE IV. TAXICABS*
Sec. 2049. Deflnitlons. 1
City. The term "city" as used in this article shall mean the
City of Denton, Texas,
Driver, The term "driver" shall be held to include every person
in actual charge of the operation of a taxicab, as herein defined,
whether as owner or agent, servant or employee of the "owner" i
as herein defined
Owner. The torm "owner" when used in this article shall be
construed to mean any person, firm, corporation, association,
partnership or society who has the controi, direction, mainte•
nance and the benefit of the collection of revenue derived from
the operation of taxicabs on or over the streets or public ways of
the city, whether as owner or otherwise, except as "driver" as
herein defined, _ r
Persom The term "person" shall Include both singular and
plural, and shall mean and Include any Individual, firm, corpora.
tion, association, partnership or society, and their agents, ser•
j vents or employees.
Street The term "street" as used In this article shall mean and
include any street, alley, avenue, land, boulevard, drive, public
place or highway commonly used for the purpose of public travel
within the Incorporated limits of the City of Denton,
A
Taxicab. The term "taxicab" " used In this article shall mean
every automobile or motor-propelled vehicle used for transports.
Lion of passengers for hire over the public streets of the City of
Denton and irrespective of whether or not the operations extend
beyond the incor1wrated limits of the City of Denton; provided,
however, the term "taxicab" shall not apply to motor buses oper•
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PUtor's sou-Ord, No. 0240, 1 1, erected Oct, 12, 1962, amended Ch. 26,
Art IV In pa entirety to teed as hsein ad out The aubstantivs pru islooa of arms
Art, IV, conslstlna of I$ 9643-96-01, were derived from Ord, No. 0708, it 1, 2,
adopted rob, 28, 1907, Ord, No. 8329, 1 1, sdopud 8ep1 i9, IM; Ord, No. 7211,
1 1, adopted April It, IM the No. 7411, 11. doped April 1Q 1271; and God
No, K34, 11, adopted April 22, 1960.
Cron refereaca-Designation and use of taxkab stands, 124-13&
Supp, No. 38 1030
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12&43 VEHICLES FOR HIRE 12e 44
Mod within the incorporated limits of the City of Denton under a
franchise from the city over a fixed or defined route, nor shall
i1 said term apply to motor buses regularly operated over a fixed
and defined route In the city to or from points outside of the
incorporated limits
Taximeter. The term "taximeter" as used In this article shall
mean a machine adapted automatically to calculate, at a prede•
termined rata or rates, and to register, the charge for hire of a
taxicab and such chargos shall be Indicated by means of figures.
Waiting time. The term "waiting time" as usod in this article
shall mean such times as may be consumed or lost at the special
instance and request of a passenger after such passenger has first 1
entered the taxicab fo make a trip and before reaching his final
~r- destination. No charge shall be made against a passenger for any
time lost on account of any other delay whatsoever. (Ord. No.
82.80, 11, 10.1282)
Sec, 2644, Toudceb licensee.
(a) Required It shall he unlawful for any person to drive or
operate, or cause to be driven or operated, any taxicab upon or
over any street fr the City of Denton, unless there ha: been
obtained by the owner of and for such taxicab and existing In lull ;
force and effect, a license duly Issued by the city secretary of the
City of Menton as hereinafter provided.
(b) Necessity. No license to operate a taxicab shall be Issued by
the city secretary until the chief of pollee of the City of Denton
has certified that;
(1) The taxicab hea been properly Inspected as required by the
laws of the State of Texas;
(2) The liability insurance required by this article for each
taxicab a In full force and effect; and,
(3) The taxicab or taxicab service has a definite and fixed
place of business In the city and has it telephone number in
service at which requcits for taxicab service can be made.
(c) Rnroeation or suspension of license. Upon complaint against
a licensee riled by any person with the chief of police, or upon his
Stipp, No. 38 1031
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1 26 44 DENTON CODE 1 26 45
own motion, charging violation of any of the terms of this article,
or any ordinances of the City of Denton, or laws of the State of
Texas regulating motor vehicles, the chief of police after giving
five (5) days' notice of the grounds of said complaint to such
licensee against whom complaint is made, may hear evidence
with r ference to such complaint, and after such hearing the
chief of police may revoke or suspend the license for good cause
shown.
(d) findingr. After the chief of police has heard the complaint
for the revocation or suspension of the license of any owner of a
taxicab, he shall make his findings and declare the same, and
either the owner of such taxicab or the complaintant shall have
the right to appeal to the city council as hereinafter set out.
(e) license contents Said license shall state the year for which
It Is Issued, the name of the owner of said vehicle, shall designate
i thet said vehicle is a "taxicab," shall state the make of said
vehicle, the engine number of said vehicle, and the current H. -
cense number of sold vehicle, and shall state the amount of
license tax paid for the operation of said vehicle and shall further +
state that the owner of said vehicle has deposited with the city an
insurance policy for the protection of the passengers thereof and
of the general public as provided for In this article, and said
license shall be signed by the city secretary. (Ord. No. 92.80, 11,
10-12.82)
See, 2648. Public liability insurance.
I (a) Required Before any license shall be Issued to any owner of
it taxicab hereinbefore defined, or before any renewal of licenses 1
shall be granted, the owner shall be required to file with the city
secretary, and thereafter keep in full force and effect, a policy of +
public liability Insurance approved by the city attorney executed
by an Insurance company duly authorised to do business in the
State of Texas, and performable in Denton County, Texas, Insur•
ing the public against any loss or damage that may result to any
person or property from the operation of such vehicle or vehicles,
and the maximum amount of recovery in such policy of insurance
specified, shall not be lees than the following mums, to wit:
Supp No M 1032
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126-45 VEHICUS FOR HIRE,
626-45 J
(1) For total liability in any one accident for personal Injuries 1
or death, one hundred thousand dollars ($100,000.00).
(2) For the Injury or death of any one person in any one
accident, three hundred thousand dollars ($300,000,00),
(3) For injury or destruction of property in any one accident,
filly thousand dollars ($50,06.,00).
Provided, however, that if it be shown to the satisfaction of the
chief of police that policies In the above amounts cannot be ob
talned, then policies in lesser amounts may be secured and filed
tht full
efrect being filed a th the city secretary by the chief of
police, and upon approval of the stated lesser amounts by the city
attorney.
(b) Exceptions, employee& The above-described public liability
{ insurance shall be for the protection of the passengers of said
vehicles and for the public, but shall not cover personal Injuries
sustained by the servants, agents or employees of the person
filing the same.
(c) Continu,'ng liability. All policies of public liability Insur•
unce shall contain a provision for a continuing liability thereon
III p to the full amount thereof, notwithstanding any recovery
thereon.
id) Cancellation In the event lin
{ the request of the surety or Insurer, andcno Insurance policy le ~
Ned by said licensee before the cancellation of said original
assurance, then the license to operate taxicabs granted to said
licensee shall be automatically revoked.
(e) City not liable. Neither said city Tor any officer thereof
shall be held liable for the pecuniary responsibility or solvency of
any euch insurer, or In any manner becomo liable for any sam on
acwunt of any such claim or act or omission relating to any ouch
motor vehicle, nor shall the liability of the owner of any such
motor vehicle be In any manner limited or changed in connection
with this article of such license or assurance but she judgment
creditors having causes of action secured thereby shall be author.
iced to sue directly on such policy of Insurance without implead-
9upP No. M
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ing the City of Denton, and all persons known to any insurer to 11111
have been Injured or damaged in the same accident and claiming
damages thereunder may be made parties without priority of
claim on payment in any suit had or instituted on account of such
matters. (Ord, No. 82.80, 11. 10.1282)
Sec. 2648. Lcense and:nopectlon fee.
(a) Amount; term In order to defray a part of the expense
necessary to provide surveillance, supervision and inspection of
taxicabs required under the terms and provisions of this article,
there is hereby levied a license and Inspection fee of one hundred
dollars (!6100.00) per annum for each taxicab so operated, which {
;'r1 fee shall be collected from every person, firm or corporation own-
ing and operating taxicabs on the strects of the city by the city
secretary before said licence or renewal thereof is Issued. Said fee
shall be payable in advance on an annual basis, and shall he due
and payable for any year not later than the first day of January _
of any year, such fee to cover the calendar year. If a license to
operate any taxicab Is granted during a current year the fee shall ,
be paid for the balance of the year ending December thlrtydirst.
(b) Sold wrecked destroyed vehicles. In the event a taxicab on
which the fee has been paid for the then-current year Is sold,
j wrecked or destroyed, the owner thereof shall have the right to
replace said taxicab with another, and upon written application
to the chief of police, the license and inspection fee therefor paid
on said taxicab so sold, v.,recked, or destroyed shall be made
applicable to the vehicle deslgnated to replace such taxicab so
sold, wrecked or destroyed, and the licensee shall surrender the
license certificate on the vehicle so sold, wrecked or destroyed
before receiving a new license certifleate.
(c) Lost license certificates. In caw any beenaee shall lose Ma
license certil'Vote, said licensee shall forthwith and before doing
any further business procure a duplicate license certificate from
the city secretary, and shall pay for such duplicate license certifi•
cats tht, sum of five dollars (E5,00).
(d) Refunds. There shall not in any event be any refund of
license and Inspection fees paid under this article.
8upp. No. 98 1034
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I 2648 VEHICLF.8 FOR HIRE 12M
(e) Receipts The fees shall be paid to the city cashier who shalt
issue a receipt therefor which shall be presented to the city
secretary before any license is issued. (Ord: No, 8280,11,141282)
Sec. 28.17. Operation of taxicab limited to licensee and
approved chauffeurs.
No taxicab for which a license shall have been issuod shall be
operated by anyone except the licensee thereof, or any employee
properly qualified, and approved by the chief of police of taxicabs.
Licenaee shall 6,~,a£n the name, address and last place of em-
i Ioymeut of each and every licensed chauffeur applying for Viork
before hiring him; and further said licensee shall forthwith fur•
nish to the chief of police the name and address of every licensed
chauffeur before his being hired, and of every licensed chauffeur
r - 1 that may be discharged. (Ord. No. 82.80,1 1, 141282) 00
Bee. 2848. Transfer of license.
No license Issued under the terms of this article shall be tram
ferred to any other person, nor shall such license be used for the ,
operation of any vehicle except for the vehicle for which said
license Is issued. (Ord, No. 8280, 111, 1412.82)
Sec. 2640. License to be posted to cab.
The license Issued for the operation of a taxicab under the
terms of this article shall he posted within said taxicab In a
conspicuous place, and It shall be a violation of this article for a
failure to do to. (Ord. No, 8280,1 1,10.1282)
See, "U. Owner's name, etc., required on cab.
Every taxicab shall have painted or affixed by decal on the
l door of the cab the name of the owner or the trade name under
which the owner operates, together with the owner's telephone
number, and the cab number; and the number of the cab and the
telephone number of the owner shall be affixed upon the rear of
all such vehicles. All the lettering mentioned In this paragraph
shall be not less than two (2) inches In height, and not lea than
one- fourth (4) inch in stroke. (Ord. No, 8280,1 1, 1412.82)
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12641 DENTON CODE 476421
Sec. 2841. Rights of passengers.
Any driver employed to carry passengers to a definite point
shall take the most direct route possible that will carry the
passengers safely and expeditiously to their destination. (Ord.
No. 82480, 11, 10-12.82)
Sec. 2652. Taximeters; rates to be charged.
All fares shall be determined by a taximeter installed In each
taxicab and it driver shall charge only a fee as computed by such
taximeter. Every taximeter so Installed shall be kept in good
operating condition and the taximeter or Its drive system shall be
sealed at all points which the components, if manipulated, could
affect the function or accuracy of the taximeter. A driver shall
not charge a fare for operating a taxicab in the city that is
inconsistent with the following established rates:
E W Passenger# will be charged as determined by the taxime-
ter a minimum fare of one dollar and twenty cents ($1,20)
Including the first one-tenth (1/10) mile plus ten cents
($0,10) for each additional (,ne-tenth (1110) mile from the
point of pickup to destination.
(b) An extra charge of fifty cents ($0.60) will be charged for r
each additional passenger. +
(e) A surcharge of fifty cents (40,50) will be charged for any
pickup occurring between the hours of 8:00 p.m. and 6:00
(d) Passengers 4ill be charged as determined by the taxime-
ter a fare of twenty cents ($0,20) for each one and one-half
0%) minutes of waiting time or traffic delay.
(Ord. No. 82430, 1, 10.12.82)
Sec. 2662.1. Umousine exemption.
Notwithstanding the provisions of Section 28.60 and Section
28-52 of this article. It shall not be mandatory that a motor
vehicle operated ss a limousine service and charging a set trip
fee or an hourly fee, by advance reservation, to have the name of
the owner or trade name printed or affixed to the door or rear of
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14654.1 VEHICLES FOR HIRE 12653
the vehicle or be required to have a taximeter installed in ouch
vehicle; provided, that all trips or hourly fees shall be filed at all
times with the city secretary of the City of Denton. (Ord. No.
83.98, Pt. I, 9-6-83)
Sec. 28.63, Rates and chauffeur's name and license to be
posted in cab.
There shall be posted in a conspicuous place on the inside of
erch licensed taxicab, in addition to the license issued to licensee
required by this article, a card showing the rates charged by said
taxicab. There shall also be placed in a conspicuous place inside
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S 26.53 VEHICLES FOR HIRE 126M
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' of each licensed taxicab a card bearing the name and chauffeur 'o
license number of the driver of said taxicab as issued to him by
the city secretary. (Ord. No, 8280,1 1,10.12.82)
Sec. 28-54. Passengers required to pay fare.
It shall be unlawful for any person to refuse to pay the legal 01
fare of any of the vehicles mentioned in this article after having
hired the same. (Ord. No. 6280,1 1, 10.12.82)
Soc. 2866. Passenger's receipt; may be required.
It shell be unlawful for the driver of any taxicab upon receiv.
ing full payment of a fare to refuse to give a receipt upon the
request of any passenger making said payment, (Ord. No. 8280,
11, 10.12.82) le I
Sec, 2640 Charging excessive fares unlawful.
It shall be unlawful for the owner or driver of any taxicab to
refuse to convey a passenger at the rate specified on the rate card
displayed in said taxicab, or demand or receive an amount In ,
excess of the rates displayed on said card. Except that such owner
or driver may refuse to convey a passenger then being guilty of
misconduct or breach of the peace. (Ord. No. 82.80, 11, 10.12-82)
Secs, 28.67-2884. Reserved.
ARTICLE V. AMBULANCES*
j Sec. 2688. Definitions.
For the purpose of this article, the following words and phrases
shall have the meanings respectively ascribed to them in this
section:
OEdltor's note- )rdinance No. 8313,1 1, adopted Feb. 1, 1983, amended Art.
j V. Ambulances. In its entirety to read ae herein set out. The substantive provi•
alone of former Art, V, 1 28-08, were derived from Ord. No. 82.74, 11, enacted
' Sept. 14, 1981.
Crose Weneces-Civil ddenae, 17.1 at mq; Me prevention, 110.1 at "q;
privileges and exemptions from tr&Mc regulations regarding authorized emer•
goncy vehicles, 14410; procedure of other vehicles upon spproch of emergency
. vehicles, 1 2462; following authorised emergency vehicle In emerpncies,
r 2467, exemption of authorised emergency vehicles from opted regulations, 1
24103; wreckers,) 27.1 at seq.
Sapp. No. 30 1037
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DATE: 7/18/89
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Lloyd Y. Harrell, City Manager
SUBJ: Discussion of Low/Moderate Housing Task Force
Recommendations.
NECOMMENDATION:
Task Force recommends initiation of a feasibility study
by National Reinvestment Corporation to determine via-
bility of a non-profit housing corporation. Additional
recommendation is the set-aside of $50,000 to develop
non-profit if viability is confirmed.
The Task force was formed in June 1988 to investigate
housing problems and rosearch solutions.
SUMMARY: The attached letter explains Task Force recommen-
dations.
PROD AMS DEPARTMENTS OR GROUPS AFFECTED:
Development of a non-profit would be a joint effort of
the City, business community, neighborhood groups and
National Reinvestment Corporation.
Development of a non-profit will also affect CDBG
program. Programs may be cut as a result of diversion
of funds to non-profit.
FISCAL IMPACTU
} Request for $50,000 to acquire the services of NRC
may be partially paid for with Community Development
Block Grant funds depending on availability, Remaining
funding would need to be allocated from the general fund.
k
A substantial C080 allocation would also be necessary to
capitalize the non-profits' revolving loan fund until
other sources are developed.
Respe 11y ub i ed:
L1oy . Harrel
City Manager
Pr red by: } -
Barbara Rose
Community Development Coordinator
4 Appr ,ied:
Frank t op)oins AICP
Executive Director for Planning 8 Development
I
4,,.t,.
D
CITY of DENTON
CD80 OHkc
1100 West Oak
Donlon. Texas 76201
(81716663460
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~ NI l:;htL)1-2.11V I-$ tJ M
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TO: Mayor and Members of the City Council
f From: Deborah Darley, Low/Moderate Rousing Task Force Chair
i
f Date: June 120 1989
Subject: Task Force Recommendations
f k Over the
' past severel months the Task Force has been involved
in an assessment of housing within the City. Information has been
gathered concerning rental subsidies, homelessness, rehabilitation
efforts, the number of substandard dwellings within the City and
a variety of other needs. Ifousing service providers have come before
the Task Force to discuss the existing availability of housing for
k)w to modernte families ,+nd possible solutions for current and
future housing problems.
I
Discussions between members have focused on the possibility
of setting up a non-profit housing entity to carry out various
programs. The non-profit would have the potential to attract
additional funding and institute innovative housing progrars
which, under the current Community Development Block Grant Program,
are not available as options for ihs City.
` The Task Force Invited both the Enterprise Foundation and the
{ National Reinvestment Corporation to explain thei- programs. Both
organizations provide assistance to localities who wish to set up
j non-profit housing corporations. Members proceeded to compare the
i services provided by both organizations.
F
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She Communitty~ tk>TJ meat Block Omnt-
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Mayor 6 Members of the City Council
June 12, 1989
Page 2
After careful consideration, the Low/Moderate Housing
Task Force would like to recommend to City Council the following:
1) The City requests the National Reinvestment Corpo-
ration (NRC) to assess the feasibility of developing
a non-profit Neighborhood Housing Services (NHS)
organization,
a) This assessment would be at no cost to the City.
b) NRC would canvas city personnel, local banks,
corporations and citizens to determine whether a
non-profit NHS is a viable alternative for Denton.
2) A set aside of $50,000 in the 1989-90 budget to
purchase the services of NRC in setting up a
Neighborhood Housing Services organization,
i a) Funds would be utilized only if the initial
E assessment confirmed the potential for a non-profit
I support base within Denton.
b) The National Reinvestment Corporation as a part of
iVR assistance, will provide $35 - 50,000 to the
Cuy to aid In capitalizing the non-profit's revol-
ving loan fund (RLF). The RLF will be utilized to
provide loans for purchase, rehabilitation and con-
struction of housing for low/moderate families.
c) The RLF will be one of several assistance programs
developed by the NHS non-profit.
3) During the interim, City staff should continue
current efforts In the housing area and work to
expand the program base.
a) streas housing rehabilitation through the CDBG and
Rental Rhsbilitation programs,
b) seek additional federal and state funding for housing
programs
c) development of a revolving loan fund utilizing a
lump-sum drawdown under the CDBG program.
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Mayor 3 Members of the City Council
June J2, 1989 J
Page 3 X11
If Council has no objections, the Task Force will contact
the National Reinvestment Corporation and begin the assessment
process.
If you have questions or need further information please
contact either Barbara Rosa or myself. Thank you.
F; ~ r
J ti
Deborah barley - -
` Chair, Low%Moderate Income Housing Task Force
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VIC BURGESS 111'
COUNtY JUIx.E ! I I
June 20, 1989
LGlff 1r `
CITY
The Honorable Ray Stephens
215 E. ;McKinney
Denton, Texas 76201
Dear Mayor Stephens:
A special meeting or the Denton County Mayors Association will be held on Wednesday,
dune 28th, at 6:30 p.m. in Denton, at Wyatt's Cafeteria.
The purpise of this meeting will be to hear a presentation by County Judge Via Burgess
and memoers of the Denton County Economic Development Day Executive Committee.
Denton County Day for Economic Development is planned for October Sth at the UNT
I Coliseum and ICcludes cities and chambers of commerce In Denton County.
I i
` All who can attend this meeting are welcome,
we would also like to be placed on your next city council egenda, in order that we
might make a brier presentation on Denton County Day for Economic Development.
j Yours v y trut
Vic Bus G`^~
County Judge
VB/pr
cc: Commissioners Court
COUNTY COUP OF DENTON COUNTY 6 COUATHOUSE ON•THE SOUAAE
1 f0 W HICKOAY ♦ DENTON, TE4AS 16201 418111383 0208 0 1 6004464109
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2651L-1/3689
NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT
FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated
competitive bids for the purchase of necessary materials, equip-
ment, supplies or services in accordance with the procedures of
state law and City ordinances; and
WHEREAS, the City Manager or a designated employee has
reviewed and recommended that the herein described bids are the
lowest responsible bids for the materials, equipment, supplies or
{ services as shown in the "Bid Proposals" submitted therefor; 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:
i
SECTION I. That the numbered items in the following numbered
bids Tor materials, equipment, supplies, or eervices, shown in the
"Bid Proposals" on file in the Office of the City's Purchasing
Agent filed according to the bid number assigned thereto, are
hereby accepted and approved as being the lowest responsible bids
for such items:
BID ITEM
NUMBER NO. VENDOR AMOUNT
9981 All ARKHOLA SAND AND GRAVEL $279402.00
SECTION It. That by the acceptance and approval of the above
numbere3-1tteems"of the submitted bids the City accepts the offer
j of the persons submitting the bide for such items and agrees to
purchase the materials, equipment, supplies or services in
accordance with the terms, specifications, standards quantities
and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents.
SECTION III, That should the City and persons submitting
approved and accepted items and of the submitted bids wish to
enter into a formal written agreement as a result of the
: r
M'Y
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acceptance, approval, and awarding of the bids, the City Manager
or his designated representative is hereby authorized to execute
the written contract which shall be attached hereto, provided 1
that the written contract is in accordance with the terms, 1
conditions, specifications, standards, quantities and specified
sums contained in the Bid Proposal and related bid documents
herein approved and accepted.
SECTION IV. That by the acceptance and approval of the above
numbere~tems of the submitted bids the City Council hereby
authorizes the expenditure of funds therefor in the amount and in
~r accordance with the approved bids or pursuant to a written
contract made pursuant thereto as authorized herein.
SECTION V. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this day of , 1989,
RAY STEPHENSO MAYOR
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ATTEST:
i f I
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APPROVED AS TO LEGAL FORM:
j DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY : !!11c'~1riL /11 f
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DATF3 JULY 16, 1989
CITY COUNCIL REPORT
TOt Ilayor and Mantber: of the City Council
FROM: Lloyd V. Harrell, City Manager
SUDJECTt BIDN 9981 - FILTER SAND AND 0RAVFL FOR WATER
RECLAMATION FILTER BIDS j
I<ECOMMENDATIONt We recommend, with the Using Department, Lhat this
bid be awarded to the low bidder Arkhola Sand and Gravel of Ft,
Smith, Arkansas. The total amount of $27,402,00. .a
SUZOIARYi This bid was sent to six prospective vendors. We
received only one complete bid, we did however, receive bids from
two other vendors on Items One and Two. This material must be
screened to the exact size for use in these filter beds. We have
estimated the quantities as shown on the tabulation sheet, but will
order in two separate deliveries to cut down on the lose of
material. J
BACKGROUNDt Tabulation Sheet
~ PROGRAM; DEPARTMENTS OR GROUPS AFFECTEUt This is very necessary
{ part of No water reclamat~ on an-d treatment process at the plant,
Water Quality Control Board, the City Treatment Plant, and the
Citizens of Denton.
I
FISCAL IMPACTt 'there is no additional impact on tho General Fund.
Rcspectf y eubmitt ds
f
Lloy I rrell
City Manager
Prepared byt
/ s Ylj'(jhn J. Marshall
" Titles Purchasing Agent
Approvedt
t o n D.~Marshall
~
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L,,'ftl~y Purchasing Agent
013.DOC
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BID0 99R1 !
I I I I
BID FILTER SAND AND GRAVEL I ARKHOLA SAND I I
I& GRAVEL COMPANR WFIITE MINES I T&$ MATERIALS
OPEN 2100 P.M. -MAY 130 1989 I I
I
ACCOUNT 0 620-082-0470-8339 I I I (
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j I I !
QTY I ITEM DESCRIPTION VENDOR ~I VENDOR OR ` I--VEND-_
I VENDOR
1 i 160TI FILTER SAND 010 FIND I $20,00 I $63.93 I I
2 1 I i $108,00
90T) TORPEDO SA14D 010-20
3 I 90TI FILTER GRAVEL 1/4" - 1/8" I $20.00 I $68,93 i $128.00
I I I $15.00 j f I
4 I 90TI FILTER GRAVEL 1/4" - 1/2" I !
I f I S15,00
~ I I
5 + 90TI FILTER GRAVEL 1/2" - 3/4" I $15.00 I I I
I I
6 i 160TI FILTER GRAVEL 3/4" - 1 1/211 I I I
$25.00 I I
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TOTAL + $27,402.00 i I !
I
DELIVERY 45 DAYS i 2 DAYS I I
s Dnrs f
f I i i BULK I 1000 BAGS I 100# BAGS
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2651L-3/3689
NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN
EFFECTIVE DATE,
WHEREAS the r
competitive, bide ci
for ty has solicited received and tabulated
improvements in accordancebwithntheuct~on of public works or
City ordinances; and procedures of state 1,01w and
I
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 plane and specifications therefore; NOW, THEREFORE,
THE COUNCIL
OF THE CITY OF DENTON HEREBY ORDAINS;
SECTION I, That the following competitive bide for the
cons c-R-c- onscublic works or improvements, as described in the
file In the Office Bid Proposals or plane and specifications on
to the bid of the City's Purchasing Agent filed according
number assigned hereto, are hereby accepted and
approved as being the lowest responsible bide:
BID NUMBER
--E COI TOR AMOUNT
9988 DBR Construction
$497,386.00
9984 APAC-Texas, Inc,
$367,234,60
SECTION II,
com of t v That the acceptance and approval of the above
p~fd"a 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
I person shall comp 11 with all requirements specified in the Notice
to Bidders includ ng the timely execution of a written contract
and furnishing of performance and payment bonds, after notifi-
cation of the award of the bid.
SECTION III, That the City Manager is hereby authorized to
execute a necessary written contracts for the performance of
the construction of the
accordance with the bids accepted cando approved improvements in
that such contracts arc made in ac.rordceithethe )Noti eidto
Bidders and Bid Proposals, and documents relating thereto
specifying the terms, conditions, plans and apecifications,
standards, quantities and specified sums contained therein,
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SECTION IV. That upon acceptance and approval of the above
compet t 3 ebids 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 V. That this ordinance shall become effective
immediately upon its paosage and approval.
PASSED AND APPROVED this the .r` day of ,
1989.
RAY STEPHENSO MAYOR
ATTEST: y
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APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY:
PAGE 2
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SECTION IV. That 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 V. That this ordinance shall become effective
imme3iate y upon its passage and approval.
PASSED AND APPROVED this the day of ,
1989.
RAY STEPHENSt MAYOR
I
ATTEST:
E
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F APPROVED AS TO LEGAL FORMt
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
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BY:
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DATE; JULY 18, 1989
CITY COUIJCIL REPORT
TO: Mayor and Members of the City Council JI
FROM. Lloyd V. Harrell, City Manager 1
SUBJECT. BID# 9988 - FIRE STATION #5
RECOMMENDATION: We recommend this bid be awarded to the lowest ~i
bidder meeting specification, DER Construction in the amount of
$497,386.00.
SUILMARY: This bid is for the construction of Fire Station #5 to be
located at the intersection of Bonnie Brae and Windsor Street.
ilomack-Humphries Architects, Fire Chief John Cook, and the
Purchasing Staff have reviewed the bids as submitted and recommend
that all alternate deducts be to}'en. (Ste Tabulation Sheet) The
deducts will bring the project in line with available funds without
jeopardizing quality of construction and usefulness of the
building. The itexs could, at a later date, be added to the
facility as funds become available.
BACKGROUND: Tabulation Sheet
E PROGRAMS, DEPARTM;PPS OR GROUPS AFFECTED: Capital Improvement
h s Bond, and Fire Department
FISCAL IMPACT: Funds for this facility will come from Bond 7unds,
I account #4333-C06-0050-9101.
j Respec lly sub i ted:
~ v
Lloyd Harrell
City Manager
Pr red - y:
, i`, f
Name: Tom D. Shaw, C.P.M.
Title: Assistant Purchasing Agent
Ap roved
e: o n J. Marshall
it : Purchasing Agent
013.DOC
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' 611) FIRE STATION 15 t6R $GFNNAUS R,C, SMALL ! MIDWEST THE
1 CONSIRUCTION I CC45TFJCT104 1 1 ASSN WES 1 6EN£RAL 1 AIDGEMDNT I
OPEN 2:41 P.M. - JUNE 29, 1989 COMFFNY tOMFANY 1 [ONIRACTGRS I CGMFANY ;
ACCOUNT 113I-1h.0051.911t
I
1 i
I i OTT I ITEM DESCRIPTION i YENOD3 ! VENDOR ;--•----------I............... 1
VENDOR VENDOR I VENDOR
- ' I I
FIRE STATION 15 i $531,875.11 1 161•1,111,11 1 $5811101,f/ I $559,111 10 1 $765,5/1,11 1
~ ~ I 1 1 I I I I
I I ALTERNATE DELETIONS IDEOUCTI I I I I 1 I
€ 1 1 ANTENNA 1 RADIO EQUIPMENT I $13,111,11 I $12,111,00 I 113,511," I 113,411 10 1 $3,162, 10 1
1 1 PERIMETER SIDENALNS 1 $3,111,10 1 13,101. 1 $3,191, N I f5,111,N 1 111,111 N I
I I IIIAI-ILINDS 1 11,156," 1 $1,411.00 1 $010,10 1 $151,11 1 $1,125.11 1
I I FACE SPICK 1 $1,31111 1 $5,111,11 1 12,711,11 1 15101110 1 $6,001,14 1
4 I I IEARIDNE ROOFING I - 1 I $50110,11 1 11,31f,41 1 16,111.11 1 N.I. I
I I FIRE HYDRANTS I - I- 1 • I- 1 1711," 1 $1,001" I • I- I
1 1 HOSE RACKS 1 151110 1 $1,800,N 1 $1,511.N 1 $3,111,00 1 $1,111," I
I I LANDSCAPIN9 EIC, TURF HASS 1 $3,521,11 1 $9,11f.11 1 $9,111,11 1 19,119,11 1 16,SII,N I
1 i I I"HATION SISTER I 16,"1.10 I 111,41! al 1 $6,001.10 I 179411.11 I 15,611,10 I
1 I F19ERSLAS DUCT DOW I NIA 1 11,111,11 1 NIA I NIA I NIA I
j I I 1 1 I I I 1
I i IOTAL LESS DEDUCTS I $197086,11 1 !591,111,11 1 $515,324,11 1 $516,812.11 1 1731,213.10 1
1 1 1 I I i I I
i 1 IID BOND I YES 1 YES I YES I NO I YES I
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CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 688-8307
Office of the City Manager
M E M O R A N D U M
TO: Lloyd V. Farrell. City Manager
FROM: Rick Svehla, Deputy City Manager
DATE: July 12, 1969
SUBJECT: Fire Station Bid
We thought we should give you just a little back up on the
elimination of the landscaping and sidewalks. The sidewalk on
Bonnie Brae is being built as part of the Bonnie Brae Project.
The Windsor portion is now planned to be done in-house with
Fire personnel. The landscaping (i.e., bushes and shrubs) will
be done over a time with City staff versus by contract.
Rick SVWU~
k Deputy City Manager
" RS:bw
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MM 89-054
TAD: ✓Mr. R. Svehla, Deputy City Manager
Mr. J. Marshall, Purchasing Agent
FFaOM: J. L. Cook, Jr., Fire Chief
DATE: 11 July, 1989
R8: BIDS FUR STATICN i5
Our architect , Womack-Humphreys, has reviewed the bids submitted for Station
w5. After that review, we find no reason to reject the low bid submitted by
j DBR Construction Company of Denton. Therefore, I recommend that the contract
be awarded to DBR Construction Company in the amount of $497,386.00.
i Should you have
j any questions, please do not hesitate to contact me,
ff JLC/bf
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xo; Ms. H. Lunson, Womack-Humphreys
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DATE: JULY 18, 1989 1
CITY COUNCIL REPORT
TO. Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID# 9984 - ACME, DAVIS STREETS & AUDRA LANE
PAVING AND DRAINAGE
RECMIMEI.DATIOM: We recoi=end this bid be awarded to the low bidder
APAC-Texas, Inc. of Fort Uorth, Texas, at the bid price of
$367,234.60.
MkNIARY: This bid invitation was sent to all our paving and
drainage contractor:; and to a group of flat concrete contractors.
We received three bids and the low bid was APAC-Texas, Inc. This
bid also includes :sidewalks on Acme, Davis, and Audra Lane. Sep
j tabulation sheet attached.
k
BACKGROUND: Tabulation Sheet
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Paving and drainage j
j improvements and Citizens of Denton.
j FISCAL IMPACTr There is no additional impact on the General Fund.
Respectfu submitted:
Lloyd E yell
City Manager
Prepared by:
r it : o n J. Marshall
itl : Purchasing Agent
Approvedt
o: Marshall
Titl Purchasing Agent
013,POC
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BID# 9984 1
I I I I
BID ACME, AUDRA, DAVID P&D J
SUNMOUNP J APAC-TEXAS I JAGOE-PUBLIC J
OPEN 2;00 P.M. JUNE 8, 1989 CORPORATION i INC. i INC. I ,I
- ACCOUNT # I I I I
# I QTY I ITEM DESCRIPTION I I I
f + I VENDOR i VENDOR I
VENDOR I
TOTAL BID PRICE ' I I I f
I 387,596.85 I 367,234.60 344,600,85
i i ACME STREET P&D J 76,165.00 i 71,009.60 1
I I i AUDRA LANE P&D ( i 74,216.50 f
221,623,00 1 218,221.40 I 239,052,35
AUDRA TURN LANE I 13,229.60 J I
I ( DAVIS P&D J 54,569,25 I 10,982.60 i 10,712.00
I I 1 i 47,491.00 I 51,200.00
ACME, DAVID & AUDRA SIDEWALKSI 22,010.00 + 19,050.00 I I
J 1 19,420.00 I
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BID BOND ATTACHED f YES i YES I I
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CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS76201 / TEL EPHONE (817) 366-8200
MEMORANDUM
DATE: July 10, 1989
TO: John Marshall, Purchasing Agent
i
FROM: Jerry Clark, City Engineer I~
SUBJECT: Bid 09984 1
The bids were received on June 8, 1989. The low bidder was
i APAC of Texas with a bid of $367,234. Our available funds for
the project were :257,000. Our original budget funds for the
project after deduction for engineering w6re $257,823.49 which
left a short fall $109,411. After discussions with the City
Manager's office and Accounting, it was agreed that $109,411
Borth of interest out of the 1985 Street Bond Issue could be
used to fund this project.
Most of the short fall lied with the fact that Audra Lane
Paving and Drainage had to be expanded to properly design the
intersection. The location is in a very flat area and the ties
to existing roads involve significant drainage construction
including inlets. Most of the othor issues including Davis
sidowalks and the turn lanes were adequately funded. Acme had
to be modified slightly to accommodate land owners request.
Those land owners were Farlow, Morrow, and Webb. These
modifications will change the amounts of individual bid items
used which will result in a slight reduction in the final
contract prices.
We feel that the bids were very competitive as they had a total
range of only 7% between the three bidders. We strongly
recommend that the bid be awarded to APAC of Texas. Please
place this on the July 18, City Council meeting.
Je Claal k
0729E
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CITY OfDENTON,TEXAS MUNICIPAL BUILDINV DENTON, TEXAS 76201 / TELEPHONE(817)566.8200
MEMORANDUM
DATE: July 6, 1989
- TO: kick Svehla, Deputy City Manager
FROM: Jerry Clark, City Engineer
SUBJECT: Consideration of Engineering Contract with Traffic
Engineering Consultants
i
As previously considered by the "91" Committee and City Council
in April, general approval was given for the expansion of the
Closed Loop System to include the Square.
ecificl the
Closed Loop System would include Elm andSpLocustal between
Sycamore and Parkway. That system would be tied into the Oak
at Carroll master, We are recommending that the contract be
given to Traffic Engineering Consultants. Steve Hoffener has
J done an excellent job of guiding the city staff through the
process of closed loop system installation and design. All
personnel ha- 1eined excellent hands on participation In all
I processes and r:'ed up with a system we feel works very well.
As per the enclosed documents, the price of $130500 is actually
at a reduced cost per intersection from a previous project.
Steve has already done a great amount of the work necessary for
these designs. lie has participated and made some of the
decisions necessary for these designs. Ile is also the
c
onsultant selected to do the traffic study on the Square which
will also
information, give him a significant amount of background
Please give favorable consideration to this contract so that we
f may begin planning and design of this crucial system for Denton.
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2730L
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NO.
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH
TRAFFIC ENGINEERING CONSULTANTS FOR CONSULTING SERVICES RELATIVE
TO THE CITY'S DOWNTOWN DENTON SQUARE; AUTHORIZING THE EXPENDITURE
OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the Mayor is authorized to execute an
agreement between the City of Denton and Traffic Engineering
Consultants for professional consulting services relating to the
Downtown Denton Square, under the terms and conditions contained
in agreement, a copy of which is attached hereto and made a part
hereof.
SECTION II. That the City Council hereby authorizes the
expen~tureoof- funds not to exceed Thirteen Thousand Five Hundred
($13,500) Dollars.
SECTION III. That this ordinance shall become effective
{ imme at3~ ly upon its passage and approval.
' PASSED AND APPROVED this the day of , 1989.
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I RAY STEPHEN9. MAYOR
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ATTEST:
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JENNIFER WAITERS, CITY-W-REMY
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
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AGREEMANT FOR PROPROSIONAL• ENGIKIng NG SERVICE
THIS AGREEMENT, made and entered into this day of
(hereinafter called the CITY), AND TRAFFICeENGINEER NG CONSULTAN SS
INC. (hereinafter called the ENGINEER), is as follows:
WHEREAS, the CITY desires to contract for professional engine-
ering services relating to the preparation of the necessary
Preliminary Report, Plana and Specifications and Timing Plan
Implementation, pursuant to the construction of the CITY'S Closed
Loop Coordinated Traffic Signal System described as follows:
Coordination of ten (10) intersections on Elm Street and
Locust from Parkway to Sycamore in downtown Denton.
Attachment A is made a part of this agreement and more
particularly describes the Scope of Work.
hereinafter called the PROJECTf and
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WHEREAS, the City Council of the CITY has provided funds for
engineering fees for the PROJECT, with estimated construction costs
of $430,000.
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NOW, THEREFORE, in consideration of their mutual covenants,
promises and agreements of the parties hereinafter not forth, to
be kept and performed by them, it is hereby contracted and agreed:
SECTION 1 - BAarc Atnvtn+-• OF ENGINEER
1.1 The ENGINEER shall perform all services in accordance
with good engineering practices and in the best interests
of the CITY which shall be necessary for the completion
of the PROJECT to the satisfaction of the CITY Engineer.
1.2 After written authorization to proceed with the
Pre- liminary Design Phase, the ENGINEER shall$
(a) Prepare preliminary design documents consisting of
final design criteria and rreliminary drawings.
(b) Based on the information contained in the
preliminary design documents, submit an opinion of
{ probable costs for the PROTECT including construc-
tion costs, contingencies, compensation for all
consultants, cost of land, rights-of-way, compen-
sation for or damages to properties, and utility
relocations. (All of which are hereinafter called
"Project Costs.")
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(c) Present and review the preliminary design
documents and costs estimates in person with the
CITY and the necessary state and federal
authorities.
(d) Arrange and attend a meeting with representatives
of the CITY and all interested government agencies
and utility companies for an on-site inspection
and evaluation meeting with the plan-in-hand. The
ENGINEER agrees to abide by any changes which
result from such meeting and incorporate all such
changes in the plans prior to final submission to
the CITY.
1.3 After written authorization by the CITY to proceed with
i~ the Final Design Phase, the ENGINEER shall:
r (a) On the basis of the accepted preliminary design r
documents, perform all necessary engineering work
incidental to complete design surveys and prepare
detailed construction plans and cost estimates for
the completion of the PROJECT.
(b) Furnish to the CITY such documents and design data
h f as may be required for, and assist in the prepara-
tion of, the required documents so that the CITY
may obtain approvals of such governmental
authorities as have jurisdiction over design
criteria riteriaappli applicable to the PROJECT, and assist in
E c
? approvals by participating in sub-
missions to, and negotiations with, appropriate
authorities.
(c) The ENGINEER shall prepare sketch plans where
necessary to allow installation of the equipment and
conduit by CITY personnel where possible.
(d) The ENGINEER shall furnish the CITY two '(2)
copies of all plans and cost estimates and present
and review them in person with the CITY.
1.4 The ENGINEER shall develop the necessary timing plans and
implement the plans with CITY assistance. The ENGINEER
shall make two follow up trips to fine tune the patterns,
The ENGINEER shall also provide the necossary hands on
training for the system.
SECTION I - ADDITrONAL aERVICE9 O? t2(Mv~..
2.1 At the option of the CITY, and if authorized in
writing, the ENGINEER shall furnish or obtain from
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others Additional Services which are not considered
110"mal or customary Basic Services, due to changes
ordered by the CITY, or due to causes beyond the
control of the ENGINEER. The services shall be paid
for by the CITY based on the fee as established Paid
Section 5.
3 QITY~A yfann►......_____
ULQTM
3.1 The CITY shall assist the ENGINEER by placing at his
disposal all available information pertinent to the
PROJECT including previous reports, traffic counts,
turning movement counts, and any other data relative to
the scope of the PROJECT. +
3.2 Furnish o EN WEER a as required by him for performance
others, such as core borings, prepared probin by or services of
explorations, laboratory tes and inspections aM sub-
ion• f dace
samples all of which ENGINEER may rely upon in
performing his services.
3.3 Guarantee access or make provisions for ENGINEER to
enter upon public and private property as required for
ENGINEER to perform his services.
3.4 Designate in writing a erson to _
sentative with respet to the work c oabe performed re
under this Agreement. Such person shall have complete
authority to transmit instructions
m , receive inf -
ation or
Interpret and define CITY'S policies and
i decisions with respect to materials, equipment,
elements and systems pertinent to ENGINEER08 services.
3.5 Furnish approvals and permits from all governmental
authorities having jurisdiction over the PROJECT and
such approvals and consent from others as may be neces-
sary for completion of the PROJECT.
3.6 Saar all costs incident to compliance with the require-
ments of this Section 3.
sip 1 PERIOD A} 9EAVi
4.1 The services called for in the Preliminary Design Phase
shall be completed and the Preliminary Design Documents
1 and probable Project Costs submitted within 60 days of
notice to proceed.
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4.2 After acceptance by CITY and approval by the necessary
state and federal authorities of the Preliminary Design
Documents and probable project costs, indicating any
specific modifications or changes in scope desired by
the various governmental agencies, ENGINEER shall
proceed with the performance of the services as called
for in the Final Design Phase, so as to deliver
Contract Documents and the revised opinion of probable
Project Costs for all authorized work on the PROJECT
within 60 days after the authorization to proceed
with the phase of service.
4.3 The ENGINEER'S services under the Preliminary Design
Phase and Final Design Phase shall be considered complete
when accepted by the CITY,
4.4 The Timing Plan Implementation will follow completion of
the signal equipment installation.
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l SECTION 3 - PAYNENTB TO ENGINEER
5.1 Basic Services. The CITY shall pay the ENGINEER for i
Basic Services rendered under Section 1 a lump sum fee
of $13,500.
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5.2 The ENGINEER shall submit monthly statements for Basic
and Additional Services rendered to date. The monthly j
statements will be based upon the hours worked toward
j completed engineering work. The accumulative billing
shall not exceed 90t of the maximum fee until the
I final acceptance of the PROJECT by the CITY. The CITY
shall make monthly payments in response to ENGINEER'S
monthly statements. 1
5.3 The CITY shall, upon conclusion of each section of
Basic services, pay such additional amount, if any, as
may be necessary to bring total compensation paid on
account to the following fee schedule:
Preliminary Plans 40% $ 30400
Final Plans 4
Specifications 40% 51400
Timing Implementation 20% 2,700
TOTAL $13,500
t j 5.4 additional Services. The CITY shall pay the
ENGINEER for Additional services rendered under
Section 2 as follows:
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An amount based on the payroll costs times a
factor of Z.&I for services rendered by principals
and employees assigned to the PROJECT. In
addition, the CITY shall pay the ENGINEER the
actual costs of all reimbursable expense incurred
in connection with all Additional Services.
5.5 The payroll costs used as a basis for payment shall
mean the actual salaries and wages paid to all person-
nel employed by the ENGINEER to its engineers,
designers, draftsmen, estimators, other technical
personnel, clerks, and office personnel engaged direct-
ly on the PROJECT plus the cost of customary and
statutory benefits. For purposes of this Agreement
the amount of customary and statutory benefits of all
personnel will be considered equal to twenty-five per-
cent (251) of salaries and wages.
5.6 Reimbursable expenses mean the actual expense incurred
directly or indirectly in connection with the study
fort postage, toll telephone calls and telegrams; re-
production of reports and drawings other than those re- ,
quired under Section It special legal or accounting
expense; special consultant fees; and similar costs at-
tributable to the PROJECT. 1
SECTION 6 - GENERAL CONDITIONS
6.1 This Agreement may be terminated by the CITY by giving
written notice to the Engineer at least thirty ((70)
s calendar days prior to the effective date of termina-
tion.
6.2 In the event the CITY shall terminate or abandon the
engineering services contracted for by this Agreement
or abandon any portion of the PROJECT for which
services have already been performed the following pro-
visions shall govern:
(a) In the event the CITY shall abandon all or any
part of the services to be rendered by the
ENGINEER, the ENGINEER shall be notified in
writing. Immediately upon receiving such notice,
the ENGINEER shall discontinue the work abandoned
by the CITY under this Agreement and shall proceed
f to close and terminate operations.
} (b) Upon termination or abandonment by the CITY of the
ENGINEER'S Services, the ENGINEER shall deliver to
the CITY all drawings, specifications, reports and
studies theretofore completely or partially
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completed by him together with all unused
materials advanced or supplied by the CITY and
shall appraise the work he has completed and
submit his appraisal to the CITY for evaluation.
(c) If this Agreement is terminated by the CITY upon
the completion of any phase of the Basic Services,
progress payments due to the ENGINEER for services
rendered through such phase shall constitute total
payment for such services. If this Agreement is
terminated by CITY during any phase of the Basic
Services, the ENGINEER will be paid for services
rendered during that phase on the basis of
payroll costs times a factor of 2.5 for services
rendered during that phase to date of termination
by principals and employees assigned to the
PROJECT except payment shall not exceed the prorated
- --1 value of completed work for such phase as compared
to the full value of said phase.
6.3 If, upon receipt of bids, it develops that the costs of
construction is greater than the amount of money al-
located or estimated for the PROJECT, the ENGINEER
shall, if ordered by the CITY, revise the plans as
directed by the CITY upon the advise and acting through
the CITYIS Representative, to bring the cost of con-
struction within the amount of money allocated or osti-
mated for the PROJECT. Such revision of plans shall be
made by the ENGINEER without additional cost to the
CITY.
6.4 All documents or copies thereof including, but not
limited to tracings, drawings, estimates, field notes,
investigations, design analysis, and studies which are
prepared in the performance of this Agreement and are
not required by O.D.O.T. are to be and remain the pro-
party of the CITY and are to be delivered to the CITY
before final payment is made to the ENGINEER, if
requested by the City. The ENGINEER may supply the
CITY with reproducibles on mylar and may keep copies of
the above-mentioned documents. The ENGINEER shall en-
dorse, by his professional enginsering Beal, all plans,
specifications, and engineering data furnished by him.
6.5 The ENGINEER shall obtain and maintain during the
course of this Agreement with the CITY, at the sole
expense of the ENGINEER, such insurances as shall
protect the CITY from all claims, under the Workmen's
Compensation Act of Oklahoma, from all claims, for
bodily injury, death or property damages which might
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services to be rendered hereunder by the ENGINEER or J
any of his employees. 1
6.6 Engineer shall and does hereby agree to
hold harmless indemnity and r damages, loos theor City of Denton from any and all
liability of any kind whatsoever, by
reason of injury to property or third persons occasiconed
by any error, omission or negligent act of Engineer, its
officers, agents, employees, invitees and other
for whom it is legally liable, with regard to sthe
performance of this Agreement, and Engineer will, at its
cost
adefend and
such claims protect dethe city mands, of Denton
6.7 The CITY and ENGINEER each binds himself and his part- 1
assignsutoether other eecutors$ party of this Agreement and to the
partners, successors, executors, administrators, and
assigns of such other party, in respect to all cove-
nants of this Agreements except as above, neither CITY
nor ENGINEER sha'.1 assign, sublet, or transfer his
interest in this Agreement without the written consent
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f the other. Nothing herein shall be construed as
creat
treating any pers and liability on the pert of any of-
r of public body which may be a party i
orrbenefits hereunder to anyone B other gthivin an CITY andhts
ENGINEER.
6.8 This Agreement shall be in full
when it has been approved b force and •lteot only
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cuted by its duly authorized officials. and when axe-
6.9 Ne Extra ela
oNo claims for ra work or f any kind or character shall bexrecognized by oribes
binding on the CITY unless such work or services be
first approved in writing by the CITY.
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IN WITNESS WHEREOF, the parties hereto have executed, or '
caused to be executed by their duly authorized officials, this
Agreement on the respective dates indicated below.
Signed this day of , 1959.
ENGINEERi
TRAFFIC ENGINEERING CONSULTANTS, INC. CITY OF DENTON, TEXAS
BY
(Signature) 1 Mayor
j 2Si' (Seal)
I (Title)
E (Seal) ATTESTS
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ATTEST:
City Clerk
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Avhr. Brae, eY
Approved as toyfbrm and-*wje1** this day of Jib , 19094
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oft c of t e C Attorney
Approved by the City Council of the City of DENTON# thia•
day of , 1969.
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ATTACM(ENT A
Scope of Work
The project will consist, of upgrading and interconnecting all j
traffic signals listed to be part of the City of Denton's Closed
L
oop Traffic Signal System. The intersections include Parkway at
Elm and
Hickory Locust
E mj ndiLocust, and Sycamore tatOElmaand Lo ust.. The i
Scope of Work for the PROJECT is as follower
1. Preliminary Design Phase
r A. The ENGINEER will assist CITY staff in determining the
locations for all new mast arm poles. An inventory of r
size and length of poles will be devised for the CITY
staff to order all new poles and associated equipment.
8, The CITY will provide the engineer with all existing
p
the lans available for each intersection. The ENGINEER with
assistance of CITY
information missing
which tin newill eded ftol complete the
PROJECT.
C. The ENGINEER will determine the best cable routing for
the interconnect and provide sketch plans which will
allow the electric department to install the cable and
conduit. An equipment list will be provided for ordering
purposes.
II. Final Design Phase
A. The ENGINEER will determine all vehicle loop placements
for each intersection. Plans will be provided which show
the loop locations on identification procedure, and
charts reflecting all system and local loop
configurations,
8. Complete signal timing plans will be developed and
implementod by the engineer. Three timing plans will be
working to the satisfaction of the CITY before the
PROJECT is considered complete.
C. The ENGINEER shall provide a short and concise summary
report which will outline the accomplishments of the
S project. "before and After" results will be reported.
It actual travel timo studies are conducted, the CITY
will conduct the studies and the ENGINEER will analyze
and report the data. The report will include the final
timing plans implemented.
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CITY COUNCIL REPORT FORMAT
TO: Meyor and Members of the City Council
FROM: Lloyd Harrell, City Manager
SUBJECT: On-going maintenance on LGFS
RECOMMENDATION: '
We continue our on-going maintenance with AMS on our financial system known
as LGFS.
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This maintenance entitles the city to receive new releases and problem solving
assistance from AMS regarding the LGFS system.
BACKGROUND:
This is a continuation of maintenance that the city has utilized for the past
I seven years.
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PROGRAMS. DEPARTMENTS OR GROUPS AFFRCTRD:
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All departments within the city.
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j FISCAL IMPACT:
$36,675.00
R ct L,~/ eu7~m~tted~~ Prepared by. Ll yd er
City Maanagnager
wry JV. Collins
Director of Eata Processing
ved:
cKea
Ex-cuti•ie D rector of Municipal Services/
Economic Development
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American Management Systems, Inc.
June 9, 1989
Mr. Gary Collins Project No: P2649
Data Processing
City of Denton
324-8 East McKinney Street
Denton, 1X 16201
Dear Mr. Collins:
Effective August 1, 1989 the LGFS maintenance support for the City
of Denton expires. Under the License Agreement, the City of Denton is
entitled to purchase maintenance support from AMS for additional periods.
Some of the benefits LGFS clients derive from purchasing on-going support
from AMS are:
o Delivery of annual enhancements to LGFS along with complete
installation instructions.
o Updates to LGFS documentation.
o Continued active involvement in the Users Group (urge of the
j main sources for developing enhancements lists).
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o Support with the development of new report requests using AMS
provided report writers.
o Hotline support of LGFS processing questions.
We would like to continue to provide the City of Denton with
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enhanced versiov% of LGFS as they are released. Per your contract the
maintenance fee for LGFS is 15% of the prevailing price list (attached).
Remittance of the attached invoice will provide the City of Denton
with LGFS maintenance support for the 12-month period of August 1, 1989
through July 31, 1990.
If you have any questions, please call me at (103) 841-6131.
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lie ly,
Lee Ross
Manager, Product £upport
IM Nort_. Kent Street a Arington, Virginia 22209 1 (703) 641.M • Telex 64638 a Answerback A1.SSINC
Regfinal Offices In: Chicago 6 Denver o Houston • New York a San rrancisco
American Management Systems, Inc.
June 9, 1989
Mr. Gary Collins Project No: P2649
Data Processing
City of Denton
324-8 East McKinney Street
Denton, TX 76201
1NY01C~
LGFS Maintenance Fees for August 1, 1989
through July 31, 1990,
LGFS S 29,925.00
Fixed Assets 40500.00
Performance Measurement 2,250.00
TOTAL INVOICE S 36,615,00
Lee Ross
Manager, Product Support
Please make remittance payable to: American Management Systems, Inc.
c/o Lee Ross, 10th Floor
1777 North Kent Street
Arlington, VA 22209
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1777 North Kent Street • ArlLngton, Mugin3a 27109 (7U3) 541-6000 Telex 636H Answerback MIS1NC
i Regional Offices In: alcago a Denver 6 Houston a New York o San Francisco
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Local Government Financial System (LGFS)
LGFS - IBWGROUP 30
PRICE SCHEDULE
t, SOFTWARE LICENSE FEES PB1SE
LGFSiSaslo CICSlYSAM..... ..........._...............__.....,,.,......,.,,.,.......1199500
System)
Includes:
e Bud etir~ v Erpencbrure Awountins for Purdum
e punn ns v Aomunts Foyob(e 1
e Gomel Ledger a Cash Dlstwsarents
e '.evenue Aoxuntlns a Erpw6ture Aomunttng for PaymU
• Ammvs ReaivaNe a Cow Am" ds6
v EslernL Anaraal Peporting a Gnnto M r1&ement and Reportirs
e Rcs'uasb%L R e FTc
e &c%abrona Control. s e Cash Mars MCI
_....30000
Opd*AIJ P.vsdA,eeb....
Subsystems 1obCooAcrountlns.. _.__.._................__._....._....._._,.30000
Cal AZ:ra don
Eatesded Pwcbulrf _..._,.........__.._.60000 ,J
Inventory Control (must have Extended ptmesasog) 53,000
Investment Inventory 20,MO
Advanced 9ulsef
Work tilde (must Pave Job Car Accoun5ns) 20fAV
Debt Fleet Manor +enl (mull have Work Order) 50,000
Mana1..__..,........._.._,_.
__.25,000
D(soounG: •Opdom are offeed at dbatmtd fees with LOPS The 8;V optia+ to &sm=ted Ave (S) perrm1; the
We Md, ten (101 pesoent; the third fifteen (15) perCCL and the fourth and subsequent of twenty 00)
! percenL
atea
1 TERN OF IJCE?tSE AND RENEWAL
j The tr6u.4 lean of the Lkerw is OJrty 001 years. At the and o ds W tial term. the EJamsee may renew the Ucerm &WIl Iy
k for a fee equal to two DI pemnt of t11t W ttal lkmx fee.
0. MAIHT&UHCE AND WARRANTY J
the system to winwd for one (1) yw from the date of deHvay of the software M opdorW w+uA maW"nce senior
provides mrt[nud warranty, telephone oonot"tloe. and annual enhanearant relesom The current annual mulnte U" fees
art 6heen (15) percent of prevUllns staid fee kc LGFS
4. MgTALLAT10k AND SUPPORT
AMS will provide up to four hundred (1001 hour o(support to be used kr training aarsuWN.is, Irstibson, slid converslon
support tndudins on-Ate and off .4t@ piePantlon dre and travel. Standard lnalallatlan ee, two (2) copiesof all j
opt"boru docamatodon and standard ftAtrl matnuls an IL90 idd by AMS A"donal tnl kS &nd support will be
pt ovided. Ii deAr%4 at standard AMS rate for anPullin I wvuvL TT a .wens rote Is W Per Dour.
S. TERNS OF PAYMENT OF SOFTWARE UCENSE FEE
A. U%dllanse fee upne e%mijon of LkenstAgreementand dellveryof donarontalim.
S. 15% of Ikense fee upon debvearyy of the "Wine,
C Contractual fees, erpenu tdnburseaanL and chatsa for additional support due upon wdpi of vwNy bill.
f D. A finance fee of two 0) perm) per month will WE for any amount nol pald WWO fty 001 days of due date,
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EFFEC"4 JULY I. i M PRICES Sk"CT TOCMANOE vvm4 UT NOTICE
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evrest++~s~wraworar~e~~wes+ - w~a
Corporate Hesdgwriars 1777 North gam Streit Arlmyron. v rgm ll (7031 641.6000
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MINUTES OF
DATA PROCESSING ADVISORY BOARD
MEETING ON July 11, 1989
MEMBERS PRESENT: Dale Maddry, Jim Kuykendall, Charles Ridens and
Ronald McDade
MEMBER ABSENT; Cengis Capan
CITY STAFF PRESENT: Gary A. Collins from the City staff
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f~l Jin Kuykendall, made a motion that the minutes of December 15, 1988 and May ,
11, 1989 be approved as written. Dale Maddry second the motion and it was
passed unanimously.
Gary Collins explained that the agreement with AMS on the LGFS system was a
c
ontinuation of our maintenance agreement with AMS. Dale Maddry stated
that he
that
system
would his been stabilized t drop emavendors intenance. Gary
Collins explained we have received new releases on this system and that 2
S I years ago when we purchased the Extended Purchasing, Inventory and Cost
I Allocation subsystems, part of the agreement was re would not have to pay
maintenance on those subsystems over and above the Base system modules for 4
the first 3 years. Gary Collins explained this would be the last year we
s would receive free maintenance on those subsystems. Gary Collins stated
that in the last year we have implemented the Extended Purchasing and
Inventory subsystems, and the upcoming releases would be having major
changes in these areas. Dale Maddry made a motion the Advisory Board
recommend that the City Council approve this software maintenance agreement
with the provision that the City's staff keep record of the value received
from the vendor for evaluation purposes next year. Jim Kuykendall second
the motion and it was approved unanimously.
Gary Collins explained that the need for a new mainframe was being driven
primarily by the GIS system and is dependent on the GIS system approval.
Gary Collins explained that the low bidder on this equipment was Computer
Arrangement and their bid of $I49,698.93 includes a credit for a trade in
of $4,150. Gary Collins indicated that there had been discussions held
regarding the Police Department's need for a mainframe associated with
their Computer Aided Dispatching system that is scheduled in the 1992/1993
time frame, as well as using the 4361 mainframe exclusively for a new
Library system. Gary Collins explained that due to the little amount of
money being offered, one option would be to warehouse the IBM 4361 for use
at a future time for one of these systems. Gary Collins stated that he had
checked with IBM and that there would be no penalty if we wanted to
re-install and place it back on maintenance. Dale Maddry asked if the IBM
4361 could serve as a backup in case of a disaster. Gary Collins responded
that it could for some of the critical current systems such as Payroll,
Utility Billing and the Financial systems but not the GIS systems. Jim
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Kuykendall made a motion that the Advisory Board recommend the City Council
approve the contract with Computer Arrangement on the mainframe upgrade and
that the City warehouse the current IBM 4361 CPU. Dale Maddry second the
motion and it passed unanimously.
Thrre being no further business the meeting was adjourned.
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2501L
~p 26 1988
NO. nY7
AN ORDINANCE OF THE CITY OF DENTON APPROVING THE EXPENDITURE OF
FUNDS FOR MAINTENANCE SERVICES PURSUANT TO THE CITY'S CONTRACT
WITH AMERICAN MANAGEMENT SYSTEMS; AND PROVIDING AN EFbFCTIVE
DATE.
THE COUNCIL OF 1HE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION I. That the expenditure of funds in the amount of
$32,250 is hereby authorized for the purpose of purchasing
maintenance support for the City's LGFS software from Amorican
Management Systems for the period of August 1, 1988 through July
31, 1989, pursuant to the attached contract, which is
incorporated by reference herein.
5=1ON TI. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the lJday of "Lh,,
,
1988.
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RAY S
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ATTEST:
APPROVED AS TO LEGAL FORM:
_r 1 DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
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AMERICAN MANAGEMENT SYSTEMS, INC.
Proprietary Software Term License and
Maintenance Agreement 4 (y
AMERICAN MANAGEMENT SYSTEMS, INC. ("AMS"), a Delaware corporation, whose
principal office is located at 1515 Wilson Boulevard, Arlington, Virginia 22209, and _
_--the _City of Cpnton, Texas
a _ Teas municiaaiity- -f"Licensee"),
City Hall, City of Denton, Texas t~ho~pnn~palofC,ceislocated at
agree as follows:
1. License; Tern of License
a, AMS hereby grants to Licensee, and Licensee hereby accepts, a nonexclusive and nontransferable license
to use the computer sofh%I.e components described in Exhibit A (the "Packaged System") on the terms and
conditions hereinafter set forth. The license shall be for an initial term of fifteen (15) yea rs from the date AMS fist
furnishes the Packaged System to Llceaee (the "Delivery Date"), and AMS shall notify Licensee of the Delivery . it Lice
nset
new
Ou'
nsee
shaU
ecedi t etmonth In whichs the license en ss The licenseeshall be ext nded forkanSadditional one(1) yerr termwiith AMS
approval, which shall not unreasonably be withheld Requests for, and approvals of, additionat license renewals
shaU be made in the time mannet This license shall be renewable as provided above for up lo s total of fifteen (15)
renewal terms, Packa
stem
only
process w ork'for Licensee performetd assa Beni etbureau) ono a oremore designated on ute r i a the single loccation specilW in Ex work
titbit A.
No license, either express or implied, Is granted by AMS to Licensee hereundet to use the Packaged System or any
portion thereat for any purpose, at any location or on any equipment other than as specifically set forth In his
subparagraph 1.b., and Licensee may not sublicense the Packaged System or any portion thereof.
2. Maintenance Services main months ((the "Initial Malnlenanca Period jcbeglnnriffS with Ionth In wh~khp t}x pv a period of hx elve p2)
additional charge to Lkatnsee ery Dale occurs without
b. Licensee may purchase maintenance services for the Packaged System followin the end of the 1Ntiai
Maintenance Period fora poriod,Qf tW
Upon rereiptt~ ~4Xf }f Payer N Ib Invratioa desk of S},e 4titiASafntcrunce Period
in ft, described fi16Parsgraph 2.e. AMS WE , . g, AMS wM pear" jbift, eaintenance services
current (i.e., not greater thin fifteen (15) days in arrears} In the a~1ru~'~e` eiii bnj (0 Lkin lit
' roMeK A
ntim as
paragraph 3. hereof keeacha ntVhainftnance riod; ant! og~malntnsrsIn 4e the Facka 1
System withvln „k tys 4)ce±+eet corpout~s Into the Packaged
e Period and subseequeni nal t Sysleant
d+!eTy'a 2otfee•
c. The maintenance services referred to in subparagrap;u 2.a. and 2.b, are as follows:
(1) AMS shall provid- Licensee with reasonable amounts of consultation by telephone to assist Licensee
in the use of the Packaged System;
1 (ti) for he Maintenance Period, AMS shall supply computer program code to correct any errors In the
Packaged System which cause it to devia to materially from the specificaHons for such Packaged System which
are set forth in the manuals listed In paragraph 1. of Exhibit A;
(iii) AMS shall provide Licensee, without additional charges beyond he maintenance fee provided for in
paragraph 3, hereof, all enhancements to the Packaged System developed by AMS and generally made
ih available to other licensees of the Packaged System ("Enhancements 7, and
(iv) In the event AMS permanently ceases maintaining the Packaged System, Licensee shall have .he
benefit of he rights described In subparagraph 4.b. hereof,
AMS shall have no obligation to incorporate Enhancements Into the Packaged Sstem. Licensee to provide assistance In Incorporating Enhancements into he Packaged System, AMS agferuested
es to use its
best efforts to do so; and Licensee agtee-4 to pay for &MS' efforts on a time and materials basis at AMS' then
prevailing rates.
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d. Suspected error conditions will be investigated and corrected by AMS personnel at ASIS' offices to the
extent possible Licensee may request that AMS conduct such investigation and correction at Licensee's location.
In the event that AMS personnel travel to the location of licensee at Licensee's request, Licensee will pay AMS for
travel and subsistence expenses. If AMS, in its reason We judgment, determines that the suspected errorconditi~n
was attributable to a esuseother than an error in the Packaged System or an Enhancement, then Licensee will pay
for AMS' efforts on a time and materials basis,
3. License and Maintenance fees
A. As compensation for the license granted hereunder (including renewals thereof), Licetsee shall pay AIMS
the Ucense fees set forth in Exhibit A. ANIS will provide Licensee with such training, assistance, and support in
using the Packaged System as Is set forth In Exhibit A. Additional training, assistance and support wfilbe provided
on a time and materials basis.
b. If Lkensee el" to purchase maintenance services following the end of the WtW Maintenance Period, as
described In paragraph 2. hereof, Licensee shall pay AMS at AMS' then prevailing rates for such services.
` c. ANTS will Invoice Licensee for the license fee in the manner described In Exhibit A. Invoices for maintenance
fees %U be furnished annually in advance to Lken see. All Invoices shat] be due and payable In full immediately
upon receipt of the invoices by Licensee and shall be deemed correct if Licensee has not notified AMSwithin fifteen
(i5) days of the date of the invcice of any claimed invoice discrepancies or failures by AMS to furnish services
hereunder In the event of travel by AMS personnel to Licensee's location, other out•of•pockit costs shall be blUed
to Licensee at AMS' cost.
d. The prices spedfied In this Agreement are exclusive of any tariffs, duties or taxes, however designated,
levied or based on this Agreement, the Packaged System and Licensee's use thereof, charges and payments made
hereunder, or any services, materials and suppUes furnished by AMS hereunder, including, without limitation,
any sales and use taxes and any sta to and local privilege or excise taxes based on gross revenue, Licensee agrees to
pay and be responsible for aU such taxes and levies (exclusive, however, of taxes based on net income). AMS shall
have the right, but shall not be obligated, to pay any such taxes or levies directly, in which event Licensee shall
promptly reimburse AMS in the amount thereof upon presentation by AMS of evidence of payment.
i. Representalfons, Wa."anties and Agreements by AMS; Discl-urner
s. AMS represents and warrants th.+I it is free to enter Into this Agreement and to lictnse use of the Packaged
System as provided in paragraph 1. hereof.
b. In the event that AtiIS permanently discontinues In business because of bankruptcy, receivership, dtssolu•
t Lion or other form of permanent business disruption and such business is not continued by a successorin Interest to
AMS, then Licensee shall have the right to secure from AIMS, or from authorized trustees or receiven acting on
behalf of AMS, such dxumenta lion, Including source program code, as AMS shall have, for Licensee to maintain
its normal use of and to modify the Packaged System. Such documentation shall be Ucensed without additional
charge to Licensee on the terms and conditions set forth In this Agreement.
e. AMS warrants that performance of the Packaged System will not deviate materially from the specifications
set forth In the manuals listed in Exhibit A, provided that A.MS, in Its reasonable judgment, has determined that no
modifications which have been made to the Packaged System have caused such deviation. Any material modifies.
lion by Licensee of source program code for the Packaged System shall relieve ANIS of all warranties and other
obligations provided for in this Agreement,
d. THE AEPRESE.%%rEATIONS AND WARRAMES SET FORTH IN SUBPARAGRAPHS a., b., AND C. ARE DCLL'SNE A\'D N
UIV OF, AND UCEN:S EF HERESY WANES, ALL OTHER, REPRESL%7471ONS, WARAAV nE5, GUARANTEES, A.ND OBLICATIO;:S OF
AMS, upREss oR rMPUE o, ARISING BY LAW OR OTHERN15E, LNCLMLNG M NOT LNITED TO A,NY DAPUED WAAAAvn ES OF
MERCKWTABFUN OR Fr NESS FOR A FA MCLI.AR PURPOSE, AND ANY IMPLIED WARRANTY A$*LNG FROM USAGE OF
j TRADE, COURSE OF OEALLNG, OR COURSE OF PERF00.WV,NCE EXCEPT AS SPFCEFICALLY PROVIDED LN SUBPARAGRAPHS a.,
b., AND C„ A4IS SHALL HAVE NO RESPONSiBUTY FOR THE ABILITY OF UCENSEE TO USE THE PACYAGED SYSTEM OR ANY
REW ED MATERIALS tVD SER%ICES PROVIDED SY AMS,
S. Remedies and Umllatlon on Liability
a. AIMS and Licensee agree that Licensee's remedies, and AMS' liability to Licensee, for breach of contract
Including breach of warranty, for any tort (including negligence and strict liability), and for any other claim arising
in connection with the Packaged System and related materials and services furnished under this Agreement, shall
be as follows:
(i) The sole obligation of AMS with respect to a breach of any representation, warranty or obligation
hereunder shaU be to correct such breach.
(U) Because it Is understood and agreed by and between the parties hereto that (1) the fees lobe received
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E by AIMS hereunder are based solely on the value of the right to use the Packaged System granted to Licensee
hereunder and (2) from the nature of the Intended use, it is impracticable and extremely difficult to fix the
actual damages, if any, which may proximately result from any failures in connection therewith, it is therefore
further agreed that in the event any liability is imposed on AIMS for any reason whatsoever, the aggregate
amounts payable by AMS by reason thereof shall not exceed the aggregate amount of fees theretofore received
byAtilS hereunder with respect to the portion of the Packaged System or services giving rise to such liability,
b. THE REMEDIES PROOOED IN MS R;RAORAPH 5. SHALL BE LICENSEE'S SOLE ANT) EXCLUSIVE REMEDIES FOR A.NY
AND ALL CLAIMS AGALNST ANUS ARISLNG Lti CONNECTION NTTH TKs AGREEMENT, MADE OR SUFFERED BY LICENSEE OR
A.NY OTHER PERSON, w'HFTHEA BASED 0`' CONTRACT OR TORT (INCLUDING NEGL IGENCE AND STRICT LIABRJ'n), ANT)
REGARDLESS OF THE FORM IN O.WCH ANN LEGAL OR EQURABLE ACTION MAY BE BROUGHT UNDER NO CIRC'U'MSTANCES
SHALL ANTS BE LIABLE FOR L%WECT. CON'SEQUENTAL, SPECIAL OR EXERT Lein DAMAGES (EVEN IF AMS HAS BEEN
ADVISED OF THE POSSiBrLM OF SUCH DAMAGES). SUCH AS BUT NOT LD4MD TO LOSS OF REVENUE OR AN CvATED
PAOFTTS. LOST BL'SLNESS OR OTHER DAMAGE LNCONNECTION WTrH THE PROVISION Of SERVICES OR LICENSEE'S USE OF THE
LICENSE OR A.NY SERVICES PROVTDED FOR LN THIS AGREE:mENrr.
6. Title and Interests in (he Packaged System
1 a. AMS shall retain fide to the Packaged System, all rights of Licensee thereto being expressly limited to the '
License granted hereunder In the event of termination of the license granted hereunder for any reason, AMS shall
be entitled to Immediate possession of and all rights and interest in and to the Packaged System and related
materials supplied to Licensee, Without in any way limiting the generality of the foregoing, upon such termination
Licensee shall, within five (5) business days following the date of termination thereof, deliver to AIMS the origins)
and aD copies of the Packaged System and such related materials, and an notes concerning and reproductions of j
and relating to the Packaged System. In lieu of such return, AIMS may, at its sole option, request in writing that
Licersee destroy the original and all copies of the Packaged System and all such materials, notes and reproductions
and that Licensee present to ANSS evidence of such destruction satisfactory to AMS,
b. Licensee agrees that Enhancements shall be the exclusive property of A.LSS.
7. \'ondisdosure
s. Licensee understands and acknowledges that the Packaged System and related materials are proprietary to
AN1S and have been provided to Licensee for use exclusively in accordance with the terms and conditions of this
Agreement, Licensee agrees to hold the Packaged System and related materials in trust and confidence and not to
dLxdose all or any portion of them to any person other than Licensee's agents, employees and consultants, and
I then only on an "as needed" basis to connection with use of the Packaged System and in accordance with the terms
and conditions of this Agreement,
b. Licensee shall take all reasonable steps (including, withoutbrnitation, hose steps Licensee takes toproted
its o%n data or other property it considers proprietary or confidential), both during and after the term of this
Agreement, to protect the con5dentiality of the Packaged System, to prevent the Packaged System from entering
the public domain and to Insure that the Packaged System is not, in whole or In part, disclosed to or by, or
duplkatedothes than by or for those persons permitted louse the Packaged System as expressly provided herein.
c. In the event Licensee makes any unauthorized use of the Packaged System, including without limitadon
unauthorized disclosure to third parties, AMS shall have the right, at Its option and without prejudice to any other
rights or remedies of AMS, to terminate this Agreement immediately upon written notice to Licensee,
d. Notwithstanding the foregoing Licensee shallhave noUabillty IoAMS with respectlothedisclosurtandlor
use of any proprietary information of AMS which Licensee an establish to:
(i) have become publicly known without breach of (his Agreement by Licensee; or
f (ii) have been known by Licensee, without any obligation to keep it confidential, prior to disclosure of
such information by ANTS or Licensee, as evidenced by written documents prepared or received by Licensee
pslor to disclosure by AMS; or t
(W) have b,en received in good faith by Licensee from a third party without any obligation to keep it
confidential,
g. Permission to Copy or Modify the Packaged System
a. Except for the manuals listed in paragraphs 1 and 4. of Exhibit A, which maybe copied for the personal use
of Ucensee but not for distribution, Licensee shall not copy, in whole or In part, any computer software
components or any other materials which are provided by AMS in printed form under this Agreement. Any
computer software components or other materials which are provided by AMS in machine readable form may be
copied, in whole or In part, in printed or machine readable form, for use by Lkensee on the designated computers
at the single loca lion specified In Exhibit A, for archive or emergency restart purposes, to replace a worn copy, to
understand the contents of such machine readable material, or to modify the Packaged System as provided below,
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provided, however, that no more than five (S) printed copies and five R) machine readable copies will be In
existence underany licenseatanyone time without the prior writ ten consentofAMS, Theoriginal, and anycopies
o! the Packaged System and other materials, Inwhole or in part, which are made hereunder sl••.llbe the property of
AIMS.
b. Licensee may modify the Packaged System and other material, In machine readable form, for Its own use
and merge it Into other material to form an updated work, provided that, upon termination of the license for
the Packaged System, the Packaged System and other material furnished by AMS will be completely removed
from the updated work and dealt with under this Agreement as if permission to modify had never been granted.
Any portion of the Packaged System or other material included in an updated work shall be used only on the
designated computers at the single location specified In Exhibit A, and shall remain subject to all other terms of the
Agreement, Licensee agrees to reproduce and include AMS' copyright nonce on any copies, inwholeor in part, in
any form, including partial copies in modifications, of the Packaged System or other material made hereunder in
accord with the copyright instructions to be provided by AIMS.
9. Continuation of Obligation
in the event of termination of this Agreerent for any reason, such termination shall not relieve any party
heretoof its obligations toobserve, keep and perk): r) fully all covenants, terms and conditions hereincontalned on
its pail tobe observed, kept or performed prior or subsequent to the date of teru4nation, and specifically, but not by
way of limitation, shall not relieve Licensee of Its obligations to keep the Packaged System confidential, and to
deliver the Packaged System and other materials to AMS, as provided in paragraphs 6. and 7. hereof,
10. Severab0ity
Should any provision of this Agreement contravene any law or valid regulation of any regulatory agency or
self regulatory body having jurisdiction over either party hereto, or should any provision othenvue be held invalid
+ or unenforceable by a court or other body of competent jurisdiction, then each such provision shall be auto-
matically terminated and performance thereof by both parties waived, provided, however, that should such
f provision reasonably be considered by either party to be an essential elemenlof this Agreement, and the partiesbe
unable to agree upon the terms of such altemadve provision within ninety (90) days following the contravening
h provision's termination, then this Agreement may be terminated inits entinny at theoptionof the party reasonably
considering such contravening provision Lobe an essential element of this Agrees' ent, which termination shall be
effective upon the giving of notice thereof to the other party.
11. kssignment and Sublicensing
Licensee shall not, directly or indirectly, sell, transfer, sublic"t, assign In whole or In part, convey, pledge,
encumber or otherti,ise dispose of this Agreement, the Packaged System, or any tight, duty or license granted
hereunder, without the prior express written consent of AMS. i
12. Successor and Assigns
The covenants and conditions herein contained shall, subject to the provisions as to assignment, apply to and
bind the successors and assigns of the parties hereto,
13. Waiver
The waiver or modification by any party hereto of any term or condition hereof shall notvold, valve or modify
any other term or condition hereof. The failure of any party to insist, In any one or more Instances, upon the
' performance of any tens of this Agreement shall not be construed as a waiver or relinquishment of such patty's
right to such performance or to future performance of such term.
14. Notices
All notices and other communications hereunder shall be in writing and shall be personally delivered or
maned by first-class mail, postage prepaid, to the parties at their respective addresses set forth above, subject to the
right of any party to change Its address by ten (10) days' prior written notice to the other party If such notice Is
mailed, It shall be deemed to have been given on the second (2nd) business day following the date of mailing.
13. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, as
such laws are applied to contracts between Delaware residents entered into and to be performed entirely within
Delaware,'
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This Mntingcon.tdutrs the final rvprvtiw+n W the partw%' agn-vnvnI nxarding the Paclapd Sy%itm and is a
rt+mplrlrand valushrstark mrnl id Ihvit tm•of thaIagn•rmrnIand .haIf "ttrnkJifiedor mtinded.evcrpth-a
riting .ignrd Dy each Patti hrmttl %(.1i% ih•tanding am pmvtwn to the eon It an in any tutvnhnaIt
me, nb ur t{.vM hart, nu prin ivium ul ant wh4rdmaIr "me nt of otaI sta Irmeots of A%IS rrpnsetuaNves which
are in addition to ur .Mi-m,.Wrnt w oh ur wIwMitke %&N this Agreement sha0 tv lending uptm AMS unku
evpcrsslt agrrtd to In w r1hm$ b~ a vorp+uatr ufhcrr of AMS,which riling vp.v~/icaCy rtfen M this AgteemeM ►rld
alJtth that it 14 tnrvndrd it. amend. mtJitt w ruminate this Agrremrol.
17 EONIt
EvhiNl A attacMJ hereto is made a part tI Ihis E.grrement as it fulh indudtJ in the kvt henrot.
N WITNESS WHEREOR the parties hereto have totaled this Agmment of of
1000 by their respeNtlve duly aulhoriud reprrwitillves. r
a - - ICENSEE)r- • AMf1t1Gh!{'AMS IL CSOtyTE7vlSr INC
(Name and Tidel (Name and Title)
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' EXHIBIT A
TO
AMERICAN MANAGEMENT SYSTEMS, INC,
Proprietary Software Term License and
Maintenance A&reement
1, ANTS shall grant to Licensee a license to use the following computer softwan components
Local Gove mment Financial System (LGFS) Plus Version
IBM Od-Line Option Under Clf
Fixed Assets Option
Performance Measurement Option
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as specified In the following manuals:
1
LGFS Plus Procedures Vanual j
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and as modified Ly Enhancements,
2, For instaWon at the following tocadon:
City of Denson Computer Center
Denton, Texas
on the following computer(s): (manufacturer, model, se:ral number):
IBM 4330 - serial number to be specified
or. In the event of failure of the designated computers at the above location, temporarily on the W''owing
computer(s) at the following Imadon:
to be specified
l&ensee agrees to notify Ah1S of any changes In the designa led computers during the year within thirty (30)
days after the end of such year.
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3. Fora Ucense fee of S 50.004 (C, the Initial License term and for a licenserenewaI fee of two 2
Gcense fee for the initial license term for each full renewal term. The terms of pay men! areas{follllo s: of the
30% upon signing Contract and delivery of Management Gnide, Procedures Guide,
Operations Guide, and Data Fntry Guide
50% upon delivery of packaged system and installation guide r
20S thirty (30) days after delivery
4, Together with the following additional documentation, Q copies)
LGFS Plus Management Guide
LGFS Plus Operations Guide
LGFS Plus Data Entry Guide
GFS Language Reference Manual
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Additional copies of these rnanuals may be purchased from AIMS At Us standard rates,
i 5. Together with tratafng, assistance and support In using the P+skaged System as follows;
Fifty-eight (58) staff days AMS installation assistance
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Licensee will poy AMS for all associated travel, subsistence, and other expenses at cost, All additional training,
assistance and supp~, I shall be provided by AMS on a time and materials basis at AM-S' standard rates.
Agreed to and Inftfaled for identification by.
j (Licensee)
(Lfccnsor)
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AMEN" TO ~
PROPRIETARY SOMARE TERM LICENSE AND MAINTENANCE AGREEMENT
This Addendum made by and between the City of Denton, County of Denton,
a political iubdivision of the State of Texas, Municipal Building, Denton,
Texas 76?01, hereinafter referred to as Denton, and Aaerican ilaaagesent
Systems, Incorporated, a Delaware corporation, with principal place of
bvii.e►, at ISIS W; lsob Bvu;evaro, Mrlington, Virginia 22209, hereinafter
referred to as AMS.
RECITAL
Denton and AMS entered into a Proprietary Software Tarr License and
Maintenance Agreement on the _th day of May, 1961, (~erefnafter referred '
f to as the Agreement), references to the Agreement being bertby glade,
IN CONSIDERATION of o the aforementioned Agreement, the parties hereto
I agree to add the following provisions:
2. Maintenance Services. Paragraph 2a of the Ag rvrement shall be amended to
read as follows:
AMS shall provide the maintenance services described In subparagraph 2c
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of the Agreement for a period of twelve months (the 'Initial Maintenance
Period") beginning on June 1, 1982 without additional charge to
licensee.
2. Maintenance Services. Paragraph 2d of the Agro "ent shalt be amended to
-read as follows:
Suspected error conditions will be investigated and corrected by AM$
personnel at AMS's offices to the extent possible. However, to the
extent that licensor must travel to Licensee's facilities to investigate
reported errors licensor and licensee agree as foll m:
A. Licensor personnel shall examine said reported errors and give
licensee a written description of the error, cause and correction.
'S. If the suspected error condition was attributable to a cause other
than an error of the Licensed Software or an enhancement thvreto
provided by Licensor, then Licensee shall pay Licensor for travel
and personnel expenses on a time and materials basis.
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C. If the suspected error condition was attributable to an error in the
licensed Software or an enhancement provided thereto by licensor,
licensee shall not be obligated to pay any travel or personnel
expenses beyond the ongoing maintenance services then in effect.
3. Governing Law. Paragraph IS of the Agreeeent shall be aseo6ed to read
as follows:
This agreement shall be governed by and construed in accordance with the
laws of the State of Texas, and the venue of any dispute shall be Denton
County, Texas.
4. Payment Schedule. Licensee agrees to pay for the packaged systei in the
' follcxing manner:
ESTIMATED
MgI1KT DATE
A. Execution of a Contract b Delivery of $15,000 05/12/81
Management Guide, Procedures Manual
Operations Guide, and Data Entry Guide
8. Delivery of Code Structure and Options $15,000 02/01/82
Paper
C. Installation of GiS and Completion of $35,62S 04/01/82
test Test
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0. Installation of IGTS Plus and licensed 335,625 04/15/82 R.
Software Operational
E, Delivery of lbfS Manuals and Completion $15,000 06/01/62
of formal Training
: 1. Completion of first monthly Closing or $31,750 07/15/82
45 days of operation without major
failure of packaged systes
G. AMS Travel Expenses will be filed each As Incurred
month as incurred.
S. Price Ad ustaen . If at the date AMS Invoices Licensee for packaged
system the established price for the Packaged System shall be lower than
the prices for such Packaged Systee listed on Exhibit A, then licensee 1
shall have the benefit of such lower prices. AMS agrees to proptly
f" notify Licensee of etc such price changes.
6. Implementation of AMS Licensed Software. Subject to the tens of this
section, ANS agrees to supply the required resources to aid ~W assist
Denton in the impleeentatlon of the Packaged System acquired under this
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w,y unaerstendt and agrees that Mr. William Mc Mary, Financt
Director, City of Denton, shell be the Denton Project Manager for
this Agreement. Movever, Mr. Mc Ka
ry does not have the authority to
bind Denton without specific authorilations of the city of Denton.
(1) Denton will review each deliverable provided under this
Agreement and either accept the deliverable In writing, which
acceptance shall not unreasonably be withheld, or cite the
deficierncie% to AMS in driting within ten (10) working days
following delivery to Denton of said deliverable.
(2) AMS agrees and understands that the Denton Project Manager
shall be in coapleta control of this Agreement for Denton.
AMS understands and agrees that Denton has retained the advisory
services of LkFW, Inc. (Dallas, Texas) to aid and assist In tha r
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iapleeentation of the Packaged System acquired under this Afreeslnt,
C. Both forsal and informal project managwent procedures will be
follows; by ANS and Denton to maintain high standards of erfo
D rwnte II
and quality in the developoent and tAplementation of the system. 1
Inlbreal procedures include day-to-day contacts, verbal briefings, t i
and the like. Formal project manageuent reporting procedures will
includa participation in monthly status meetings with the project
team hnd monthly project status reports in writing, Progress
' reports will contain but not necessarily be limited to the
following: r
' (l) Progress during the 9 past repor
ling period including significant
accomplishments and/or milestones reached. f
(2) Problems encountered, scheduled tasks not completed and +
solutions arrived at or recommended.
(3) Anticipated progress for the next reporting period.
(4) Anticipated problems and solutions to such problems.
(5) Disposition of any actions requested to be taken by Centon.
(6) An updated project schedule reflecting progress to date.
D, In the event of schedule slippages caused solely by AMS, AMS rill '
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take all actions within its control necessary to bring the project
back onto schedule. These actions include but are not limited to
evening, weekend and holiday work and allocation of additional sta'f
r at no additional cost to Denton. Schedule slippages caused by
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others will relieve AMS of the obligaklon to maintain the schedule
1 set forth in (E) below.
E. ARS will complete the AMS project tasks no later than the date shown
on the schedule below The tteely completion of Denton and LWFW
tasks it required to maintain this schedule. Soo# of these key
project dependencies are shown with the responsiole party (if other
than AMS):
' • DATE
(1) Execution of Contract (Denton) 05112181
Finalize Decisions on Attributes and 02/OL 82
b System Options (Denton)
(3) Installation of GFS and Completion of 04/01/82
I Best Test
(4) Installation of tGFS Plus, au;king 04/15/82
licensed software operational
(5) Complete loadin of LGFS tables and
options (Denton 05/01/82
(6) Complete first monthly closiri (Denton) 07/15/82
F. AMS has supplied Exhibit 8 as a Resource Utilization projection as a
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planning guide for future uses of Denton's cosputer system.
0. AMS agrees to provide to Denton the following reports:
(1) AMS Project Plan.
(2) Description of attributes and system options to be used,
(3) Monthly status reports (as described in 5c above).
7• Warms. AMS warrants that the Packaged System licensed under this
Agreement will operate on the coloputer hardware being acquired by Denton
and recommended by AMS,
A. LGFS Plus (Packaged Systea described is Exhibit A) has been designed
and developed to be an on-line interactive system. When LGFS Is
operating alone on the hardware configuration detailed below with
the load specified in the Denton December 24, 1980 Request for
Proposal, two-thirds of the error-free transactions should be
processed within three seconds response time.
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(1) Hardware Configuration. IBM 4331 Model I
~ uantlt Machine Tvpe Coeputer,
Model Oescrlotlon
1 4331
! 1 1218 J01 1 Million Byte Processor
1 3203 A02 Display Console
1 005 Printer (1200 LPM)
3310 A01 Disk Storage Drive (64 MB
1 3310 A01 )
1 Disk Storage Drive (511 MB)
8809 A01 Magnetic Tape unit
1 3809
30 602 Magnetic tape unit
3218 002 Display Stations
3 3181 002
1 Printers (120 cps)
96•COIUM Multi-Function
Card Unit
(2) System Software and Utilities;
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^ D0S/YSE Optreting System
YSE IPO/1•DC
DOS/YS Advanced Functions
YSE Power -
IPF
1PCS
DITTO
CiCS/DOS/YS
COBOL Compiler
RPO II Compiler v
'Sort/Merge
I YTAM•ES
ICCF
CA-EARL
CA•DYNIW/D
CA•ORIYEA +
YSAM/Space Manager '
Fast Copy
YSAM
PL1 Transient Library
PL1 Optimizing Compiler
B. AMS hereby agrees that the individuals listed in Exhibit C, barring
their resignation, disability or death, will be available for
performance of this agree,aent.
(1) AMS may substitute other personnel of equal or greater
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qualifications upon approval of the Oenton Protect Manager,
which approval may not be unreasonably withheld.
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(t) In the event of unsatfsfactory performance or inapprophiate
conduct of any AILS amployee or agent, the Denton Project ,
Manager shall promptly notify ANS. upon such notification AM
shall show cause why such employee or agent should not be
s
raasslgned by AN$ to a non-Denton activity.
C. Ak5 hereby grants Denton the right to modify the source code for
those modules which generate reports without Prior consent of AMs
and without voiding the warranties and maintenance services for the
remainder of the software license. `
D. Denton as a licensee of the Packagad Software acquired hsre6W4r
shall be eligible to join the AW IGFS Users' Group.
6. hj a a---^a^c~-1 , AMS will send a copy of their custo"r'sbrYtc0 lo!`'J;':!.?;~~'_
(Demon's section only) to Denton at least bf-wekly,
9. Conflict with license Agreement, If ~ - arry ambiguity or conflict atlsii Ist
the Interpretation or analysis of this Adh*A a"d
the Proprietary } s 4~ • J
Softwre Tens License and Maintenance Agreemant, this Addenda ihe~i.
prevail.
• '.tom. ~ ,
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IN WITNESS WHEREOF, the parties hereto have evecuted this Addendw as of
the J-0 th day Of May, 1981, by their resp" tlvt duly authorized
rtpresentatIves. J
LIr
AKRICAN MA-WEMENT SYSTEMS, INC.
2' 11Y
C
,is Of DENTON
ChrHartung, City Manager
Name an t a!
ATTEST: r
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{
APPROVED AS TO FORM:
C. b. Tay10 Lit Attorney u
r DATE: , 7981 t
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2731L
NO.
AN ORDINANCE OF THE CITY OF DENTON APPROVING THE EXPENDITURE OF
FUNDS FOR MAINTENANCE SERVICES PURSUANT TO THE CITY'S CONTRACT
WITH AMERICAN MANAGEMENT SYSTEMS; AND PROVIDING AN EFFECTIVE.
DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION I. That the expenditure of funds in the amount of
' $36,M-7-s--hereby authorized for the purpose of purchasing
maintenance support for the City's LGFS software from American
Management Systems for the period of August 1, 1989 through July
31, 1990, pursuant to the attached contract, which is
incorporated by reference herein.
SECTION II. That this ordinance shall become effective
imma atdteeIy upon its passage and approval,
PASSED AND APPROVED this the day of
1989.
I
JANE HOPKIN9--
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i ATTEST:
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JENNIFER WALTERS, SECRETARY
dITY APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
J
, r-r
T - T
AMERICAN MANAGEMENT SYSTEMS, INC.
Proprietary Software Term License and
Maintenance Agreement
AMERICAN MANAGEMENT SYSTESIS, INC, ("AMS"), a Delaware corporation, whose
prinipcl office is located at 1515 Wilson Boulevard, Arlington, Virgmla 22209, and
the City of Denton, Texas
Texas municipality ("Clcensee"),
a - whose prindpal office is located at
City Hall, City of Denton, Texas
agree as follows:
1. License; Term of License
a. AMS hereby grants to Licensee, and Licensee hereby accepts, a nonexclusive and nontransferable license
to use the computer software components described In Exhibit A (the "Packaged System") on the terms and
conditions hereinafter set forth. The license shall be for an initial term of fifteen (15) years from the date AMS first
-'1 furnishes the Packaged System to Licensee (the "Delivery Date"), and AMS shall notify Licensee of the Gaiivery
Date. If Licensee wishes to renew this license, Licensee shall so notify AMS prior to the end of the month preceding
the month in which the license ends. The license shall be extended for an additional one (1) year term with AMS'
approval, which shall not unreasonably be Althheld, Requests for, and approvals of, additional license renewals
shall be made in the same manner, This license shall be renewable as provided above for up to a total of fifteen (15)
renewal terms.
b. Licensee is authorized to use the Packaged System only to process Aork*for Licensee (excluding work
performed as a service bureau) on one or more designated computers at the single location specified in Exhibit A.
No license, either express or implied, is granted by AMS to Licensee hereunder touse the Packaged System or any
portion thereof for any purpose, at any location or on any equipment other than as specifically set forth in this
subparagraph 1.b., and Licensee may not sublicense the Packaged System or any portion thereof,
2. Maintenance Services
a. AMS Shan provide the maintenance services described In subparagraph 2.c. for a period of twelve (12)
months (the "Initial Maintenance Period") beginning with the month In which the Delivery Date occurs without
additional charge to Liunuft
b. Licensee may purchase maintenance services for the Packaged System following the end of the Wuxi
Maintenance Period for a peeW el '*q wWa date of the IrAW Maintenance Period.
Upon receipt by AM of paytt a of ib invaatrn 4 dod, AMS wi>1 pewAb the aaalnlenance services
described In subparagraph 2.c. AMSvrlQtbref>tae ma4 .'rKIe eetrkea n k;rsg" (O Lkensee Is
current (i.e., not greater than fifteen Us) days In arrears) In the payo*M d#
t anatntenarvet ite'peewided In
paragraph 3. hereof foe aria joss ent maintenancepeMott end (la Llcertiee Incorporates Into the Packaged
System within apR halt t#A Faye eY"Uei/* r in a111111st"Ill, 1 W System
ati a Period and subsequent mailntenan" p43
tiv* e
p ediart•
as ,
c. The maintenance services referred to in subparagraphs 2.a, and 2,b, are as follows:
(1) AMS shall provide Licensee with reasonable amounts of consultation by telephone to assist Licensee
In the use of the Packaged System;
(ii) for the Maintenance Period, AMS shall supply computer program code to correct any errors in the
Packaged System which cause It to deviate materially from the specificadons forsuch Packaged System which
} are set forth in the manuals listed in paragraph 1. of Exhibit A;
(iii) AMS shall provide Licensee, without additional charges beyond the maintenance fee provided for in
paragraph 3, hereof, all enhancements to the Packaged System developed by AMS and generally made
available to other licensees of the Packaged System ("Enhancements"); and
(iv) in the event AbiS permanently ceases maintaining the Packaged System, Licensee shall have the
benefit of the rights described In subparagraph 4.b. hereof,
A.`1S shall have no obligation to incorporate Enhancements into the Packaged System. However, if requested by
Licensee to provide assistance In Incorporating Enhancements Into the Packaged System, AMS agrees to use its
best efforts to do so; and Licensee agrees to pay for AMS' efforts on a time and materials basis at AIv1S' then
prevailing rates.
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d. Suspected error conditions will be investigated and corrected by ANTS personnel at AMS' offices to the
extent possible. Licensee may request that A%15 conduct such investigation and correction at Licensee's location.
In the event that A1SS personnel travel to the location of Licensee at Licensee's request, Licensee will pay ASIS for
travel and subsistence expenses. If AMS, in its re asonable judgment, determines that the suspected error condition
was attributable to a cause other than an error in the Packaged System or an Enhancement, then Licensee will pay
for AMS' efforts on a time and materials basis.
3. License and Maintenance Fees
a. As compensation for the U.ense granted hereunder (including renewals thereof), Licensee shall pay AMS
the license tees set forth in Exhibit A. AMS will provide Licensee with such training, assistance, and support In
using the Packaged System as is set forth in Exlu'bit A. Additional traIrilog, assistance and support wWI*provided
on a time and materials basis.
b. llLicensee elects to purchase maintenance services Wowing the and of the Initial Maintenance Period, as
described in paragraph 2, hereof, Licensee shall pay AMS at AMS' then prevailing rates for such services.
c. AMS will invoice Licensee for the license fee in the manner described in Exhibit A, Invoices for maintenance I
fees will be furnished annually in advance to Licensee. All invoices shall be due and payable in full immediately
upon receipt of the invoices bytkensee and shall be deemed correct if Licensee has not notified ANIS within fifteen
(15) days of the date of the invoice of any claimed Invoice discrepancies or failures by AMS to furnish services
hereunder. In the event of travel by AMS personnel to Licensee's location, other out-of-pocket costs shall be billed
to Licensee at ANIS' cost.
d. The prices spedfied in this Agreement are exclusive of any tariffs, dudes or taxes, however designated,
levied or based on this Agreement, the Packaged System and Licensee's use thereof, charges and payments made
hereunder, or any services, materials and supplies furnished by AMS hereunder, including, without limitation,
any' sales and use taxes and any state and local privilege or excise taxes based on gross revenue Licensee agrees to
pay and be responsible for all such taxes and levies (exclusive, however, of taxes based on net income). AIMS shall
hive the right, but shall not be obligated, to pay any such taxes or levies directly, in which event Licensee shall
'
promptly reimburse AIMS in the amount thereof upon presentadon by AIMS of evidence of payment.
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4. Representations, Warranties and Agreements by AMS, Disclaimer
a. AMS represents and warrants that it is free to enter Into this Agreement and to license use of the Packaged
System as provided in paragraph 1. hereof,
b. In the event that AIMS permanently discontinues in busines! because of bankruptcy, receivership, dissolu-
don or other form of permanent business disruption and such business Is not continued by a successor In Interest to
ANTS, then Licensee shall have the right to secure from AMS, or from authorized trustees or receivers acting on
behalf of AMS, such documentadon, including source program code, as AMS shall have, for Licensee to maintain
its normal use of and to modify the Packaged System. Such docuraintation shall be licensed without additional
charge to Licensee on the terms and conditions set fort% in this Agreement.
c. AIMS warrants that performance of the Packaged System will not deviate materially from the specificadons
set forth in tix manuals listed (n Exhibit A, provided that AMS, In its reasonablejudgment, has determined that no
modifications which have been made to the Packaged System have caused such deviation. Any material modifica.
don by Licensee of source program code for the Packaged System shall relieve A.MS of all warranties and other
obligations provided for in this Agreement,
d. TNt REPREmstwioNS AND wARRANi1ES M FORTH LN SUBPARAGRAPHS a., b., AND c. ARE EXCLUSrVE AND IN
LIEU OF. AND LICE.NS E E HEREBY WAIVES, ALL OTHER REPRESENTATIONS, W'A RRANTIES, GVARANTE ES, AND OB LICATIONS OF
AMS, VkISSORIMPLIED,ARISINGBYLAWOR0THERWiSE,INCLUDINGBUTNOT1-12M TED TO ANY IMPLIEDWARRANTIFSOF
MERCHANTABILITY OR FTTT'ESS FOR A PARTICVWt PURPOSE, AND ANY C%MIED WARRANTY ARISING FROM USAGE OF
TRADE. COURSE OF DEALING, OR COURSE OF PERFORMANCE. ExcEPS AS SPEC71CALLY PROVIDED IN SUBPARAGRAPHS a.,
b., AND C., AMS SHALL HAVE NO RESPONSIBILITY FOR THE ABILrry OF LICENSEE TO USE THE PACKAGED SYSTEM OR ANY
i RELATED MATERIALS AND SERVICES PROVIDED BY AIMS.
S. Remedies and Limitation on Liability
a. AMu and Licensee agree that Licensee's remedies, and AMS' liablity to Licensee, for breach of contract
including breach of warranty, for any tort (including negligence and strict liability), and for anyother claim arising
In connection with the Packaged System and related materials and services furnished under this Agreement, shall
be as follows:
(I) The sole obligation of AMS with respect to a breach of any representar~m, warranty or obligation
hereunder shall be to correct such breach,
(ca) Because it is understood and agreed by and between the parties hereto that (1) the fees to be received
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by ANTS hereunder are base solely on the value of the right to use the Packaged System granted to Licensee
hereunder, and (2) from the nature of the intended use, it is impracticable and extremely difficult to fix the
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actual damages, ti any, which may proximately result from any failures in connection therewith, it is therefore
further agreed that in the event any liability is imposed on AMS for any reason whatsoever, the aggregate
amou nis payable by AIv15by reason thereof shall not exceed the aggregate amount of fees theretofore received 1
b) 'AMS hereunder with respect to the portion of the Packaged System or services giving rise to such liability
b. THE REMEDIES PROrIDED IN THIS PAYVC APH 5. SHALL BE LICENSEE'S SOLE AN'D EXCLUSIVE REISEDIES FOR A.\Y
A.N'D ALL CLAIMS AGANST A.MS ARISLNG N CONNECTION %%TTH TKIS AmEtENT. MADE OR SUMAED BY LICENSEE OR
A.%Y OTHER PERSON, WHETHER BASED ON CONTRACS OR TORT (INCLUDING NEGLIGENCE ANO STRICT LIAB111TY), AN-D
A.MS BE LIABLE FOR L MRECT, CONSEQUENTIAL SPECIAL OR EXEMPLARY D~ AGES (EVEN If AM S HAS BEEN
HA
S HA
AWSFA OF T1iE POSS{BRiTY OF SUCH DANIACES), SUCH AS BU7 1,1407 LL1lTTED 10 LOSS OF AEVEN'VE OR ANTICIPATE
PROMS, LOST BSLoROTHER v,* K9 AGREEtitEY[niEPROV*ION'OFSERVICESORLICENSEE'SUSEOFNE
LICENSE OR ANN ERVIC OR L 1
6. Title and interests in the packaged System
a, AS1S shall retain title to the Packaged System, all rights of Licensee thereto being expressly limited to the
license granted hereunder. In the event of termination of the license granted hereunder for any reason, A.MS shall
be entided to immediate possession of and all rights and interest in and to the Packaged System and related
materials supplied to Licensee.lti'ithoutin any way limiting the generality of the foregoing, upon such termination
Licensee shall, within five (5) business days following the date of termination thereof, deliver to AMS the original
and ail copies of the Packaged System and such related materials, and all notes concerning and reproductions of
and relating to the Packaged System. In Ueu of such return, A.MS may, at its sole option, request in writing that
Licensee destroy the original and all copies of the Packaged System and all such materials, notes and reproductions
and that Licensee present to ANMS evidence of such destruction satisfactory f AM55
b. Licensee agrees that Enhancements shall be the exclusive property
7. Nondisclosure s
a. Licensee understand% and acknowledges that the Packaged System and related materials are proprietary to
the
nstit
AMS and
and Agreeme t,Licensee agrees to hold the Pfor Sys em andirelate dmaterials inn trust and confidence and notrto
A
disclose at or any portion of them to +n; pastors other than Licensee's agents, employees and consultants, an
then only on an "as needed" basis in connection with use of the Packaged System and in accordance with the terms
and conditions of this Agreement.
b. Licensee shall take all reasonable steps (including, withoutlimitadon, those steps Licensee takes to protect
its own data or other property it considers proprietary or confidential), both during and After the term of this
Agreement, to protect the confidentiality of the Packaged System, to prevent the Packaged System from entering
the public domain and to Insure that the Packaged System Is not, in .,'.ole or in part, disclosed to or by, or
thout
- duplicated other than by or for those persons permitted louse the Packaged System as expressly provided herein, m, Incl
lirril C in the event License* makes any AunauthorLzed use of the
shall have the fight, at its optionatnd without prre~uldice to ny other
unauthorise disclosure to to third parries,
rights or remeciles of AMS, to terminate this Agreement immediately upon written notice to Licensee.
d. NotrMthsUndingtheforegoing Licensee shallhave noliability toAMSwith respect tothedisclosure andlor
use of any proprietary information of AMS which Licenwe can establish lo;
(i) have become publicly known without breach of this Agreement by Licensee; or
P (ti) have been known by Licensee, without any, obligation to keep it confidential, prior to disclosure of
such information by AIMS or Licensee, as evidenced by written documents prepared or received by Licensee
prior to disclosure by AMS; or
j (iii) have been received in good faith by Licensee from a third party without any obligation to keep it
I confidential.
8. Permission to Copy of Modify the Packaged System which
for
personal u is Except manusiststed In
Licensee shall not copy. In who a orr inypart, any computer sofa ere
of Licensee but ut not not for for distribution,
components or any other ;naterials which are provided by ASS In printed form under this Agreement, Any
computer software components or other materials which are provided by A.MS in machine readable form may be
copied, in whole or in part, in printed or machine readable form, for useby Licensee on the designated computers
At the single location speafied in Exhibit A, for archive or emergency restart purposes, to replace a worn copy, to
understand the contents of such machine readable material, or to modify the Packaged System as providedbelow,
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provided, however, that no more than five (5) printed copies and five 0) machine readable copies will be in
etivence under any license at any one time without the prior written consent ofAMS, The original, and any copies
of the Packaged System and other materials, in whole or in part, which are made hereunder shall be the property of
A,ti15.
b. Licensee may modify the Packaged S) stem and other material, in machine readable form, for its own use
and merge it into other material to form an updated work, provided that, upon termination of the license for
the Packaged System, the Packaged System and other material furnished by AMS will be completely removed
from the updated work and dealt with under this Agreement as if permission to mod;ty had never been granted.
Any portion of the Packaged System or other material included in an updated work shall be used only on the
designated computers at the singlelocation specified in Exhibit A, and shaU remain subject to all other terms of the
Agreement Licensee agrees to reproduce and include AMS' copyright notice on any copies, in whole or In part, In
any form, including partial copies in modifications, of the Packaged S) stem or other material made hereunder in
accord with the copyright Instructions to be provided by AIMS.
9, Continuation of Obligation
in the event of termination of this Agreement for any reason, such termination shall not relieve any party
hereto of its obligations to observe, keep and perform fully aU covenants, terms and conditions herein contained on
its part Lobe observed, kept or performed prioror subsequent to thedate of termination, and specifically, but not by
way of limitation, shall not relieve Licensee of its obligations to keep the Packaged System confidential, and to
deliver the Packaged System and other materials to AMS, as provided in paragraphs 6. and 7. hereof.
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10. Severabtiity
Should any provision of this Agreement contravene any law or valid reguladon of any regulatory agency or
sell. regulatory body having jurisdiction over either party hereto, or should any provision otherwisebe held Invalid
or unenforceable by a court or other body of competent jurisdiction, then each such provision shall be auto.
matically terminated and performance thereof by both parties waived; provided, however, that should such
provision reasonably be considered by either party to be an essential element of this Agreement, and the parties be
unable to agree upon the terms of such alternative provision within ninety (90) days following the contravening
provision's termination, then this Agreement may be terminated in its entirety at the optionof the party reasonably
considering such contravening provision to be an essential element of this Agreement, which termination shall be
effective upon the giving of notice themo! to the other party.
11, Assignment and Sublicensfng
Licensee shall not, direcdy or Indirectly, sell, transfer, sublicense, assign in whole or in part, convey, pledge,
encumber or otherwise dispose of this Agreement, the Packaged System, or any right, duty or license granted
hereunder, without the prior express written consent of AMS.
12. Successor and Assigns
The covenants and conditions herein contalned shall, subject to the provisions as to assignment, apply to and J
bind the successors and assigns of the parties hereto.
13. 11'aiver
The waiveror modification by any party hereto of any term or condition hereof shall not void, waive or modify
any other term or condition hereof. The failure of any party to Inst.;, in any one or more instances, upon the
performance of any term of this Agreement shall not be construed As,; waiver or relinquishment of such party's
r right to such performance or to future performance of such term.
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14. Notices
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All notices and other communications hereunder shall be In writing and shall be personally delivered or
mailed by first-class mail, postage prepaid, to the parties at their respective addresses set forth above, subject to the
right of any party to change Its address by ten (10) days' prior written notice to the other party If such notice is
malted, It shall be deemed to have been given on the second (2nd) business day following the date of milling.
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1S. Coverning Law
This Agreement shall be governed by and construed In accordance with the laws of the State of Delaware, is
such laws are applied to contracts behveen Delaware residents entered into and to be performed entirely within
Delewvrs.
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Ib. Intlrt Agreement
ThtsMnhnRcun hrwvsthrfinalcspnssr~nolthepartres'agnrmrntn~atdingthePacLgrdStetrmandtla
complvleandt%0uaisrstir, m,ml of iStii rm.ofthat agnermenland hall nuttrrm,difiedurr%-.nodesl.esceptbsa
" nting sipnt-d by tali part% hereto lson, nhstanding and pmsnsrom to the contran in on% subvrdmale doav
mrnts or rLw%hcrv, nu prot stuns Orr am suNlyd n,He document Of Oral t(atements of AMS reprrsenlatives which
are In addition Io or .nconsi•lrnr is ith ur oiherssrse vary this Agreement shall be binding upon AMS unless
n pressl% agrevd to in ,s nhng by a core orme ufficvt ut AMS, M hic h s. rite ng tMili refer to this Agreement and
states that it rs Intended to amend mmtm w terminate this Agreement
1, Eshlbll
Eshibrl A aitochsd hvrvio is muck a part of this Agreemenl» it fully trrduded in the lest hem-0. l
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement u of
IQ69/ by their respective duty suthorleed representatives.
7'go AMERICAN MANACIUM M SYSTDAS, INC
(LICENSEE) VA.MS'j (LICENSM
By:
or.
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(Namr and Ti eel (Name and Title) _
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EXHIBIT A
TO
AMERICAN MANAGEMENT SYSTEMS, INC.
Proprietary Software Term License and
Maintenance Agreement 1
1. A-SIS shall grant to Licensee a license to use the following computer software components:
Local Government Financial System (LGFS) Plus Version
IBM Ori-line Option Under CICS
Fixed Assets Option
Performance Measurement Option
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as specified In the following manuals:
LGFS Plus Procedures Manual
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and as modified by Enhancements.
2. For installation at the following location:
City of Denton Computer Center
Denton, Texas
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on the following computer(s): (manufacturer, model, serial number):
IBM 4330 - serial number to be specified
P
or, In the event of falure I computer(s) at the fol owingf location `gnaled computers at the above location, temporarily on the following
to be specified
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Licensee agreet to notify AM5 of any changes t:, the designated computers during the year within thirty (30)
days after the end of such year.
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u 3 For a license fee of S 150, 000_ for the initial license term and fora license renewal fee of two (2) percent of the '
Ucense fee for the initial license term for each full renewal term. The terms of payment are as follows:
30% upon signing Contract and delivery of Management Gnide, Procedures Guide,
Operations Guide, and Data Entry Guide
50+ upon delivery of packaged system and installation guide
20: thirty (30) days after del'-very J
4. Together with the following additional documentation: (2 copies)
LGFS Plus Management Guide
LGFS Plus Operations Guide
LGFS Plus Oata Entry Guide
GFS Language Reference Manual
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Additional copies of these manuals may be purchased from AMS at its standard rates.
Together wlth training, assistance and support In using the pa;kaged System es follows: Ji
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Fifty-eight (58) staff days AMS installation assistance
Licensee will pay AMS for all associated travel, subsistence, and other expenses at cost. Ali additional training,
assistance and support shall be provided by AMS on a time and materials balls at AMS' standard rates.
Agreed to and Initialed for ldentifici8on by:
(Licensee) (Licensor)
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I ADDENDUM TO
PROPRIETARY SOFTWARE TERM LICENSE AND MAINIENANCE AGREEMENT \1
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This Addendue made by and between the City of Denton, County of Denton,
a politico? iubdivision of the State of Texas, Municipal Building, Denton'
k Texas 76101, hereinafter referred to as Denton, and American Managesent
Systems, Incorporated, a Delaware corporation, with principal place of
bull e>, at 1515 Kelso, Boma?evara, Arlington, Virginia 22209, hereinafter
referred to as AMS.
RECITAL
Denton and AMS entered into a Proprietary Software Term License and
Maintenance Agreement on the _th day of May, 1981, (hereinafter referrntd
' to as the Agreement), references to the Agreement being hereby eNde.
f IN CONSIDERATION of the aforementioned Agreement, the parties hereto
h agree to add the following provisions:
` 1. Maintenance Services. Paragraph 2a of the Agreement shall be aawrnded to
f read as follows:
AMS shall provide the maintenance services described to subparagraph 2c
'k of the Agreement for a period of twelve months (the `initial kaintenance
Period") beginning on June 1, 1982 without additional charge to
Licensee.
` 2. Maintenance Services. Paragraph 2d of the Agreement shall be anended to
read as follows:
Suspected error conditions will be investigated and corrected by AMS
personnel at AMS's offices to the extent possible. Howevor, to the
` extent Oat licensor must travel to licensee's facilities to Investigate
'k reported errors licensor and licensee agree as follows:
I A. Licensor personnel shall examine said reported errors and give
Licensee a written description of the error, cause and correction.
j '8. If the suspected error condition was attributable to a cause other
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than an error of the Licensed Software or an enhanceewent thveote
provided by Licensor, then licensee shall pay licensor for travel
and personnel expenses on a time and materials basis.
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C. If the suspected error condition was attributable to an error in the
tlcensed Software or an enhancement provided thereto by licansor,
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Licensee shall not be obligated to pay any travel or personnel
expenses beyond the ongoing maintenance services then In effect, 1J
3. Govorning Law. Paragraph 1S of the Agreement shall be amended to read
as follows:
This agreement shall be governcd by and construed In accordance with the s
laws of the State of Texas, and the venue of any dispute shall be Denton
County, Texas.
4. Payment Schedule. Licensee agrees to pay for the packaged system In the
following mannar:
ESTIMATED
AMOUNT DATE
A. Execution of a Contract b Delivery of $15,000 05112/81
Management Guide, Procedures Manual
Operations Guide, end Data Entry Guide
B. Delivery of Code Structure and Options f1S,000 02/01/82
Paper
C. Installation of GFS and Completion of $35,625 04/01/82
Best Test
0. Installation of LG►S Plus and Licensed $35,625 04/15/8?
Software Operational
E. Delivery of IGFS Manuals and Completion $IS,DO0 06/01/82
of formal Training
F. Completion of first oorthly {losing or $33,1SO 0)/15/82
45 days of operation without major
failure of packaged system
0. AMS Travel Expenses will be filed each As Incurred
month as Incurred.
5. Price Ad ust%n . If at the date AMS invoices licensee for packaged
system the established price for the Packaged Systa shall be tower than
the prices for such Packaged System listed on Exhibit A, then licensee
shall have the benefit of such tower prices. ANS agrees to promptly
notify licensee of all such price changes.
6. impltmenta ion of AMS Licensed Software. Subject to the terms of this
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section, AMS egress to supply the requhrtd resources to aid and assist
Denton In the Implementation of the Packaged System stcl0red under this
j Agreement,
nro uniierstandl and agrees that Mr, William Mc Mary, finance
Director, City of Denton, shall be the Denton Project Manager for
l this Agreement. However, Mr. McNary does not Nye the authority to
bind Denton without specific authorizations of the City of Denton.
(1) Denton will review each deliverable provided under this
Agreement and either accept the deliverable in writi ;
ng, which
acceptance shall not unreasonably be withheld, or cite the
deficienN e% to AAS In wrlting within tan (10) working days
following delivery to Denton of said deliverable.
(2) Ales agrees and understands that the Denton Project Manager
shall be in complete control of this Agreement for Denton.
8. AMS understands and agrees that Denton has retained the advisory
services of LWFW, Inc. (0311as, Texas) to aid and assist In the
implementation of the Packsgtd System acquired under this Agreement.
C. Both formal and informal project management procedures will be
follow!d by MIS and Denton to maintain high standards of performance '
and quality In the development and fmpiementatioo of the system.
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~ Inf.iramal procedures include day-to-day contacts, verbal briefings,
and the like. Format project manaoeaent reporting procedures will
Include participation in monthly status meetings with the project
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team and r6onthly project status reports in writing. Progress
reports will contain but not necessarily be limited to the
following:
i (1) Progress during the past reporting period Including significant
accompllsheents and/or mllestones reached.
(2) Problems encountered, scheduled tasks not completed and
solutions arrived at or recommended. .
(7) Anticipated progress for the next reporting period.
(1) Anticipated problems and solutions to such problems.
(5) Disposition of any actions requested to be taken by Denton.
(6) An updated project schedule reflecting progress to date.
0. In the event of schedule slippages caused solely by AMS. AMS will
take all actlons within Its control necessary to bring the project
back onto schedule, these actlons include but are not limited to
evening, weekend and hollday work and allocation of additional starf
at no additional cost to Denton. Schedule slippages caused by i
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others will relieve W of the obligal<ion to maintain the schedule J
sat forth in (E) below. 1
E. AMS will complete the AMS project tasks no later than the date shown
on the schedule below. The timely coeroletion of Denton and LWFW
tasks is required to maintain this schedule. SON of these key
Project dependencies are shown with the responsible party (if other
than AMS):
DATE
(1) Execution of Contract (Denton) 05112181
(1) Finalize Decisions on Attributes and OWL 82
System Options (Denton)
(3) Installation of GFS and Completion of 01/01/82
Best Test
(1) Installation of LGFS Plus, making 01/15/82
licensed software operational
(5) loading of LGFS tables and 05101182
option (b) Complete first monthly closing (Denton) 07/15/82
F. AMS has supplied Exhibit 8 as A Resource Utilization projection as a
i i planning guide for future uses of Denton's computer system, s
G. AMS agrees to provide to Denton the following reports:
(1) AMS Project Plan.
(2) Description of attributes and system options to be used.
(3) Monthly status reports (es described in Sc above).
1. Warranty. AMS warrants that the Packaged System licensed under this
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Agreement will operate on the computer hardware being acquired by Denton
and recommended by AMS.
A. LGFS Plus (Packaged System described in Exhibit A) has beer designed
and developed to be an on-line interactive system. When LGFS is
' operating alone on the hardware configuration detailed below with
the load specified in the Denton December 21, 1180 Request for
Proposal, two-thirds of the error-free transactions should be ,
processed within three seconds response tlme.
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(1) Mardwire Configuration. IBM 4331 Model I Computer.
quantity Machin# Type Model Description '
1 4331 J0I 1 Million 8yta Processor
1 1278 A02 Display Console
1 3203 005 Printer (1200 LPM)
1 3310 A01 Disk Storage Drive (64 118)
1 3370 A01 Oisk Storage Drive (571 M8)
1 8809 A01 Magnetic Tape Unit
1 8809 602 Magnetic Tape Unit
30 3278 002 Display Stations
3 3287 002 Printers (120 cps)
1 96-Column Multi-Function
Card Unit
(2) System Software ind Utilities:
DDS/YSE Operating System
VSE 1PO/I•DC
DOS/VS Advanced Functlons
VSE Power
IPF
IPCS
DITTO
C1CS/DOS/VS
COBOL Compiler
i
RPG 11 Compiler
' Sort/Merye
YTAM•ES
ICCF
CA-EARL
CA-OY71Ali/D
CA-DRIVER
VSAM/Space Manager
Fait Copy
s
VSAM
PL1 Transient Library
PL1 Optimizing Compiler
8. AMS hereby agrees that the individuals listed In Exhibit C, barring
their resignation, disability or death, will be available for
performance of this agreement.
(1) AMS may substitute other personnel of equal or greater
qualificatfons upon approval of the Denton Project Manager,
which approval may not be unreasonably withheld.
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(2) In the event of unsatfsfactory parfarwsnce or i •
conduct of ary AMS ^aDpropl•ta.s
eVloyea or agent, the Denton Project
Manager shall proeptly notify W. Uron such notification AM$
shall show cause wily such eaployee or agent should not be
t reassigned by MS to a oon•oenton activity.
C. M+S hereby grants Denton the right to •odify the source code for
those e+odules which generate reports without prior consent of AN
AM vithout voiding the warranties and awintanance services for the
ro"Inder of the software license,
D. Denton as a licensee of the Packs ,
gW So/tware acquired Mreunder
Shall be eligible to Join the AMS LGFS Use"' Group, ,r r
9, Mainte--- MI-W. AW will send a c
j oPy of their cvsto"r•servlq f
(Demon's section only) to Denton at least bf•wekly,' r~ i~ti.•
9. Conflict with ticense
_ Agre e, If any 441guity or conflict aH the interpretation or analysis of this '
~ • ~~ilw~ Preprietly Software ?es Lkense
and Maio
h r•: tenance rbree+seht, this Addenda iMjl.,,•,.
` Prevail.
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IN WITNESS WHEREOF, the parties hereto have executed this Addenduu as of
the j/ th day Of May. 1461, by their respective duly authorized
representatives.
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C[i AMERICAN MANAGEMENT SYSTOS, INC.
O
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CITY OF DENTON
Chris Martung, City Manager
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ATTEST:
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A4ROYE0 AS TO FORK: I
C. . Taylo , City Attorney
DATE: 1981
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DATE: 01/18/89
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Award of Contract with Coopers & Lybrand to Negotiate with
Hospitals and Doctors for Preferred Provider Organization
RECOMMENDATION;
It is the staff's recommendation that the City Council approve a contract
with Coopers & Lybrand to negotiate with hospitals and doctors and develop
final contracts for the City of Denton's Preferred Provider Organization
(PPO) on the Employee Health Insurance Program.
SUMMARY:
In May, 1989, a preliminary report provided by Coopers & Lybrand indicated
that a projected deficit in the Employee Health Insurance Fund would be
approximately $1•6 Million by September, 1989. The strategy approved by
1 City Council to solve this problom was:
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` 0 Institute a "limiter!" hiring freeze and budget cuts to
"erase" the deficit in the current budget year
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o Involve employees in gaining their input and suggestions to
solve the problem
0 Investigate uther alternatives for providing health insurance
for employees and their dependents
As apart of researching other alternatives for health insurance, we were
specifically interested in improving our Preferred Provider Organization
(PPO) and developing more favorable costs structures with local doctors and
i hospitals in the Denton area. An approach suggested by City Council was
"banding together" with other major employers in order to build mutually
advantageous relationships with providers; thus, major employers could
direct business to a hospital or group of doctors that offered reduced
-1 costs.
i In January, City staff took the initiative and formed an Informal group
called Employers Concerned With Health Options (ECHO). Two participants In
this group are representativ.a from the University of North Texas (UNT) and
Texas Women's University (TWU). As Coopers & Lybrand also serves as the
consultant for UNT and tWU, there was the oppo,•tunity to garner- the clout of
three major employers in improving our PPO programs. By contracting with
Coopers & Lybrand, the City will have significant leverage and a
representative knowledgable of local health care delivery providers (doctors
and hospitals) as well as a person familiar with the claims experience of
these three local employers. Thus, the representative can have the
advantage of a larger group of employees to negotiate more favorable costs
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July 18, 1989
Memo to City Council on Coopers b Lybrand Contract
Page 2
with doctors and hospitals. This will assist the City as it formulates
recommendations for providing health insurance for employees with the new
insurance plan year; particularly with respect to plan design, preferred
provider organization (PPO), and future costs that the insurance plan would
incur.
BACKGROUND:
In January, 1989, City staff took the leadership role in forming an informal
group to exchange ideas and, possibly, work together as a larger entity to
bring more favorable cost advantages in health care for Its employees. This
group is Employers Concerned With Health Options (ECHO). The group consists
of representatives from the University of North Texas (UNT), Texas Women's
University (TWU), the Denton Independent School District (DISD), and
others. The group has met once a month over the past several months to
share ideas, concerns, and experiences on health insurance. It also
developed a strategy to work together In the new insurance plan year to
negotiate more favorable cost for services provided by doctors and
hospitals. As two of the members are State of Texas institutions, there
benefits are mandated by the State, and, thus, certain requirements of the
State dictate the timeframe necessary for their developing their new plans. 16
Coopers 3 Lybrand also represent UNT and TWU. The negotiations for these
two entities are commencing in Jrrly, 1989.
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As was discussed with City Council, special emphasis has been made to
involve our employees in solving our current insurance situation. We have
worked closely with the Employee Insurance Committee and Coopers b Lybrand
to develop a survey questionnaire and computer analysis of survey results.
This survey Is intended to gain an understanding of employee health
Insurance needs and ways to re-structure the current insurance program into
one that is cost effective for both the City and employees. Coopers is
currently assisting us in this endeavor through a separate contract in the
amount of $9870.
We are now at the critical point of some very complex contract negotiations
where we need the assistance of an expert who can discuss medical
terminology, understands the fine points to Include In a contract, and can
deal effectively with the sensitivity of those in the medical profession.
As Coopers d Lybrand will be representing UNT and TWU and these negotiations
will be commencing in the next two weeks, It is critical for the City to be
( included in these discussions. For the City to be included in these
? negotiations, Coopers 6 Lybrand will need to be retained and authorized for
this purpose. The contract has been written with hours estimated during the
negotiation phase ar,J reduced recognizing that three entities will be
sharing in the cost. The contract will authorize Coopers R Lybrand to:
o Meet with AMI Denton Regional Medical Center and Denton
Community Hospital representatives to negotiate favorable
costs for hospital services
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July 18, 1989
Memo to City Council on Coopers & Lybrand Contract
Page 3
o Negotiate with Denton area physicians to gP'n favorable rates
for the City
o Meet with other Metroplex hospitals and doctors used by City
employees to negotiate favorable rates and colts
o Provide final draft contracts between City and appropriate
hospitals and doctors
PROC.tlW DEPARTMENTS OFD GRWPS ffFEC1ED:
The City Health Insurance Program covers all regular, full-time and part-
time City of Denton employees in all departments.
!•ISCAL IMEWCT.
Coopers 6 Lybrand will charge the City based on actual professional time
spent and expenses incurred. In no event will the total project costs
exceed $20,000. By awarding Coopers R Lybrand this contract, the City can
work closely with two other mayor employers in the Community to negotiate
favorable rates with hospitals and doctors and ensure the employee health
insurance program is self-sustaining in future years.
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E Respectfully submitted:
/J
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oyd V. arrell
City Manager
Prepared by:
Thomas W. llinck, Director of Personnel
Approved:
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Bet c ean, Executive Director
for Municipal Services and Economic Development
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cmgrrpt4.prn 5:30p
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2735L
NO. _
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH COOPERS & LYBRAND FOR CONSULTING SERVICES IN DEVELOPING A
PROVIDER PLAN FOR THE CITY'S INSURANCE PLAN, AND PROVIDING AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the City Manager is authorized to execute an
agreement between the City of Denton and Coopers & Lybrand for
consulting services in developing a provider plan for the City's
insurance plan, under the terms and conditions contained in
agreement, a copy of which is attached hereto and made a part
hereof.
SECTION II. That the City Council hereby authorizes the
expenditure of funds not to exceed Twenty Thousand ($20,000)
Dollars.
SECTION III. That this ordinance shall become effective
immediately upon i.s passage and approval.
PASSED AND APPROVED this the r day of 1989,
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JANE HOPKINS
ATTEST:
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JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
D1.BRA ADAMI DP.AYOVITCH, CITY ATTORNEY
BY:
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THE STATE OF TEXAS § AGREEMENT BETWEEN THE CITY OF
COUNTY OF DENTON DENTON AND COOPERS & LYBRAND
§
The City of Denton, Texas, a Municipal Home Rule City
situated in Denton County, Texas, hereinafter called "City",
acting herein by and through its City Manager and Coopers &
Lybrand, a corporation hereinafter called 'Consultant', hereby
mutually agree as follows:
1. SERVICES TO BE PERFORMED:
A. Consultant agrees to develop providers arrangements for the City
of Denton for Plan Year beginning November 1, 1989. Arrangements will
be developed and presented to the City for review by their internal
counsel for final review and signature.
B. Consultant will provide the following services:
HOURS
P
Provider eet with City management to develop 15
negotiations with negotiation rhospitals, Including
groups, individual physicians, and metroplex
hospitals. a
Meet with AMI Denton Regional Medical Center
representatives and Denton Community Hospital 30
representatives to review their proposals
(anticipated approximately three meetings with
each of these facilities).
Based upon additional data analysis, Consultant 39 1
will meet with selected metroplex facilities to
establish an arrangement. This area of negotiations i
may best be pursued through ECHO group.
Consultant will negotiate either directly with the 30
Denton area physicians (with letters of agreement
outlining plan design, Lescribe contractual
arrangements, and request whether or not the
physician desires to br• a network provider), or
representatives of the Denton IPA and North Texas
9 Physicians & Surgeons Association (Consultant will
develop a proposal end initiate negotiations with
representatives from these groups).
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Upon conclusion of initial meetings with providers, 22
Consultant will meet with City management to provide
a status report.
Consultant will develop a final draft contract with 20
the appropriate hospitals and identified physicians
and submit it to the City for finalization.
I1. TERh OF AGREEMENT:
Consultant shall commence rendering services immediately upon
receiving notification of contract approval. Consultant agrees to +
develop providers arrangements for City for Plan Year beginning i
November 1, 1989.
1
111. CGMPEMMIGN 70 BE PAID C0141RACTOR:
City agrees to pay Consultant for the services performed hereunder
as follows:
A. Amount of payment for services:
City agrees to pay Consultant for the services performed ,
hereunder as estimated below:
Estimated Professional
C&L Hours Fees ;
Develop providers y+
arrangements for Plan Year
{ I beginning November 1, 1989 156 19,500
Estimated out-of-pocket
} expenses (travel, FAX,
Federal Express, etc.) 500
701AL FEES AND EXPENSES 1209000
Consultant will charge the City an hourly rate of $125.00 per hour
based on actual professional and staff time spent and expenses I
incurred. In no event will the total project cost exceed $20,000 for
Consultant's fees and expenses unless Consultant is requested to
perform tasks outside the scope presented in the proposal. If
additional assistance is requested from the Consultant, estimates of
professional fees will be provided and this agreement shall be amended.
B. Dates of Payment:
City will pay Consultant on a monthly basis, within thirty (30)
days of receipt of invoices for completion of services provided
f for herein.
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1V. SUPERVISION AND CONTROL BY CITY:
It is mutually understood and agreed to by and between City and
Consultant that Consultant is an independent Consultant and shall not
be deemed to be or considered an employee of the City of Denton, Texas
for the purposes of ioccme tax, withholding, social security taxes,
vacation or sick leave benefits, worker's compensation, or any other
City employee benefit. City shall not have supervision and control of f
Consultant and any employee of Consultant while on City premises, and 1
it is expressly understood that Consultant shall perform the services
hereunder according to the attached Consultant's proposal at the
general direction of the City kanager of the City of Denton or his
designee under this agreement.
V. SOURCE OF FUNDS:
All payments to Consultant .ender this agreement are to be paid by
the City from funds appropriated by the City Council for such purposes
in the Eudget of the City of Denton.
VI. INSURANCE:
Consultant shall provide at its own cost and expense workmen's
compensation insurance, liability insurance, and all other insurance
necessary to protect Consultant in the operation of Consultant's
business.
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s VII. INDEMNIFICATION:
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' Consultant shall and does hereby agree to indemnify and hold
I harmless the City of Denton from any and all damages, loss or liability
of any kind whatsoever, by reason of injury to propertyy or third
persons to the extent directly and proximately caused by the error,
i omission or neg'igent act of Consultant, its officers, agents,
employees, invitees, and other persons for whcm it is legally liable,
in the course of the performance of this agreement, and Consultant
will, at its cost and expense, defend and protect the City of Denton
against any rod all such claims and demands. i
VIII. CANCELLATION:
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City and Consultant each reserve the right to cancel this Agreement
at any time by giving the other party fourteen (14) days written notice
of its intention to cancel. If the agreement is cancelled before
completion, the City agrees to compensate Consultant for services
provided and expenses incurred prior to notice of cancellation.
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Executed this the day of July, 1989.
CITY OF DEhTCh, TEXAc,
BY:
ATTEST:
JENIMIR A S, TTITY" CR E AARr
APPROVED AS TO LEGAL FORM: j
DEBRA A. D YOVITCH, CITY ATTORNEY r
BY:
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COCPERS 6 LYBRAND
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BY:
TITLE:
DATE:
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That Thomas W. Klinck, is hereby designated as the person to
administer the provisions of this agreement.
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DATE LLCYD HARRELL, CITY NAMUR
5597?
071189:0400
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2727L
RESOLUTION NO.
A RESOLUTION APPOINTING RAY STEPHENS TO THE BOARD OF DIRECTORS OF
THE TEXAS MUNICIPAL POWER AGENCY AND DECLARING AN EFFECTIVE DATE.
WHEREAS, term of office of Ray Stephens for Place 1 on the
Board of Directors of the Texas Municipal Power Agency has
expired; and
WHEREAS, Ray Stephens was heretofore appointed by the city
Council of the City of Denton, Texas to Place 1 on the Board of
Directors of the Texas Municipal Power Agency and has since been
serving as a Director; NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON$ TEXAS:
SECTION I. Pursuant to the terms and provisions of Ordinance
I No. 757-27-o-r-the City of Denton, Texas, Ray Stephens is hereby
appointed the t year term of office to Place 1 on the Board
of Directors of the Texas Municipal Power Agency, the term of
office beginning July 31, 1989 and ending July 30, 1991.
j SECTION II. This Resolution shall become effective from and
I after gate-of passage, and it is so ordered.
PASSED AND APPROVED this the 11th day of July, 1989.
RAY STEPHEN9, MAY
ATTEST:
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APPROVED AS TO LEGAL FORM:
I DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY I
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BY:
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CITY of DENTON, TEXAS MUNICIPAL BUILDING/ DENTON, TEXAS 76201 /TELEPHONE (817) 868.8307
Office of the City Manager
M. E M O R A N D U M
TO: Lloyd V. Harrell, City Manager
FROM: Rick Svehla, Deputy City Manager
rte- DATE: July 12, 1989
SUBJECT: Design Alternatives on Fort Worth Drive
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For the past several months, we have been having discussions
with the Highway Department on the design of Fort Worth Drive.
The Highway Department is asking us whether the City would
prefer a facility with raised medians or with flush medians.
The first alternative would limit some of the driveway access
` along the facility. The second alternative would provide for a
i continuous left turn lane which provides more access but also
` increases the likelihood of unsafe turning movements and the
E potential for accidents.
i The Highway Department has recently indicated to us that they
will be considering reclaiming all of the existing right-of-way
1 for the Fort Worth Drive facility. If they do that, they will
be effecting parking in Rome areas since the owners of
businesses in some areas have, over the years, used parts of
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the right-of-way for parking.
We have looked at a number of options and alternatives for the
Council's review. We have looked at re-alignment both to the
east and west in a number of areas to help facilitate both
access and parking in areas where landowners are now using
i highway right-of-way. None of these options work well.
Therefore, we only see three options that the council should
consider.
t 4 The first would be to consider a four-lane, divided, raised
median facility that would keep the medians as narrow as
possible. This option would facilitate the ongoing use of
parking in front of businesses if the Highway Department did
not claim their total right-of-way.
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Lloyd V. Harrell
July 12, 1989
Page 2
The second option would be for a four-lane facility with a
flush median or continuous left turn lane. This option would
also facilitate existing uses of parking if the highway
Department does not claim their full right-of-way.
The third option would be to ask for a four-lane, raised median
facility with wider islands that would facilitate the expansion
to six lanes in the future with minimal kinds of disturbances
to the landowners in the future. However, this option would
eliminate or disrupt parking and/or access for a number of
businesses on the west side of Fort Worth Drive from Acme
Street south.
Obviously, the option that is the safest and the least
disruptive is the four lane divided facility with the narrow
islands. If the Highway Department did not decide to regain
its right-of-way, this would allow the continued use of parking
on the west side for the existing businesses. It would allow
for the safest movements of traffic, and minimize most of the
problems for the whole facility. Staff believes that this is
probably the best alternative from the City and landowner point
of view.
Regardless of what option the Council chooses, the Staff would
recommend that the State be notified by letter. We would
suggest that if the Highway Department chooses to regain their
right-of-way, that the Council urge them to notify the
landowners as soon as possible and to hold all of the
appropriate public meetings and hearings. At the same time, if
they choose to retain the right-of-way, the Council should
advise the Highway Department that this will create some
hardships on some landowners and businesses in the area, and
they should consider that in making their decision on facility
widths in their design considerations.
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If you or the Council has any further question, we would be
happy to try and respond to them at your convenience.
Rick Svehla
Deputy City Manager
RS:bw
4622M
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