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Home My WebLink AboutJune 04, 2013 Agenda AGENDA CITY OF DENTON CITY COUNCIL June 4, 2013 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, June 4, 2013 at 3:00 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: WORK SESSION 1. Citizen Comments on Consent Agenda Items This section of the agenda allows citizens to speak on Consent Agenda Items only. Each speaker will be given a total of three (3) minutes to address any items he/she wishes that are listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers this item. 2. Requests for clarification of agenda items listed on the agenda for June 4, 2013. 3. Receive a report, hold a discussion, and give staff direction regarding adoption fees and subsidy funding for animal adoptions at the City of Denton Animal Shelter. 4. Receive a report, hold a discussion, and give staff direction on averaging density within Residential Land Use parcels in Planned Development Districts. Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law. CLOSED MEETING 1.Closed Meeting: A.Consultation with Attorneys – Under Texas Government Code Section 551.071. 1.Consult with City’s attorneys with regard to Item # 5A of the June 4, 2013 Regular Meeting Agenda, as it concerns legal issues associated with that item where a public discussion of this legal matter would conflict with the duty of the City’s attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. (Masch Branch rezoning) 2.Consult with City’s attorneys with regard to Item # 5B of the June 4, 2013 Regular Meeting Agenda, as it concerns legal issues associated with that item where a public discussion of this legal matter would conflict with the duty of the City’s attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. (Gardens of Denton Phase 2) City of Denton City Council Agenda June 4, 2013 Page 2 3. Consult with and provide direction to City’s attorneys regarding legal issues and strategies associated with the implementation of a freshwater well sampling program and air monitoring program in connection with the Gas Well Ordinance and Fee Ordinance relating to gas well drilling and production within the City Limits, including constitutional limitations, statutory limitations upon municipal regulatory authority and claims associated therewith, statutory preemption and/or impacts of federal and state law and regulations, and whether testing results are confidential, as it concerns a freshwater well sampling program and an air quality monitoring program. B.Deliberations regarding Real Property – Under Texas Government Code Section 551.072; Consultation with Attorneys – Under Texas Government Code Section 551.071. 1. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the acquisition of real property interests located in the William Roark Survey, Abstract Number 1087, James L. Harris Survey, Abstract No. 555 and James Edmonson Survey, Abstract Number 400, Denton County, Texas (located generally in the 4500 block of South Bonnie Brae Street), in the City of Denton, Denton County, Texas. Consultation with the City’s attorneys regarding legal issues associated with the acquisition or condemnation of the real property interests referenced above where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceedings or potential litigation. (Bonnie Brae Widening and Improvements project) C.Deliberations regarding Personnel Matters – Under Texas Government Code Section 551.074. 1.Review and discuss the duties and goals for the City Manager, City Attorney, and Municipal Judge. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE ‘PUBLIC POWER EXCEPTION’). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV’T. CODE, §551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. City of Denton City Council Agenda June 4, 2013 Page 3 Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: REGULAR MEETING 1. PLEDGE OF ALLEGIANCE A.A. U.S. Flag B. Texas Flag “Honor the Texas Flag – I pledge allegiance to thee, Texas, one state under God, one and indivisible.” Following the Pledge of Allegiance, Council Member Gregory will take his Oath of Office and the Council will elect a Mayor Pro Tem. 2. PROCLAMATIONS/PRESENTATIONS A.Proclamations/Awards 1.Steven Davidson Day 3. CITIZEN REPORTS 4. CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A – M). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items A – M below will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. A.Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving a three (3) year contract for a comprehensive service plan for an Elan 9000 Inductively Coupled Plasma Mass Spectrometer (ICPMS) located at the City of Denton Municipal Laboratory, which is available from only one source and in accordance with Chapter 252.022 of the Texas Local Government Code such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 3062 awarded to PerkinElmer Health Sciences, Inc. in the annual estimated amount of $23,396 for a three (3) year not-to-exceed amount of $70,188). The Public Utilities Board recommends approval (5-0). City of Denton City Council Agenda June 4, 2013 Page 4 B.Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of traffic signal hardware including pedestrian push button systems, illuminated street name signs, and emergency vehicle preemption devices, for the City of Denton Traffic Department, which is available from only one source and in accordance with Chapter 252.022 of the Texas Local Government Code such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 5263 awarded to Consolidated Traffic Controls, Inc. in the annual estimated amount of $200,000 for a three (3) year not to exceed amount of $600,000). C.Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of traffic signal hardware including traffic signal controllers, video detection systems, battery backup systems, and network switches, for the City of Denton Traffic Department, which is available from only one source and in accordance with Chapter 252.022 of the Texas Local Government Code such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 5264 awarded to Paradigm Traffic Systems in the annual estimated amount of $260,000 for a three (3) year not to exceed amount of $780,000). D.Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of traffic signal radar vehicle/pedestrian detection systems, for the City of Denton Traffic Department, which is available from only one source and in accordance with Chapter 252.022 of the Texas Local Government Code such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 5265 awarded to Twincrest Technologies in the annual estimated amount of $400,000 for a three (3) year not to exceed amount of $1,200,000). E.Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of traffic signal head, light-emitting-diodode (LED) indications and pedestrian LED indications, for the City of Denton Traffic Department, which is available from only one source and in accordance with Chapter 252.022 of the Texas Local Government Code such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 5266 awarded to Dynamic Vision in the annual estimated amount of $125,000 for a three (3) year not to exceed amount of $375,000). F.Consider adoption of an ordinance awarding a contract for the purchase of security products and related services for the City of Denton Networked Video Surveillance Camera System as awarded by the State of Texas Department of Information Resources (DIR) through the Go DIRect Program, Contract Number DIR-SDD-1722; providing for the expenditure of funds therefor and providing an effective date (File 5233 awarded to STS 360, LLC in a not to exceed amount of $332,756). City of Denton City Council Agenda June 4, 2013 Page 5 G.Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase of thirteen (13) vehicles for the City of Denton Parks, Building Inspections and Police Departments; providing for the expenditure of funds therefor; and providing an effective date (RFP 5183–awarded to James Wood Auto Park in the amount of $361,478.17). H.Consider adoption of an ordinance of the City of Denton, Texas authorizing the expenditure of funds for payments by the City of Denton for Electrical Energy Transmission Fees to Lone Star Transmission; and providing an effective date (File 5260–Electrical Energy Transmission Fees for Fiscal Year 2012-2013 to Lone Star Transmission in the amount of $158,605.44). The Public Utilities Board recommends approval (6-0). I.Consider adoption of an ordinance authorizing the City Manager to execute an amendment to the contract between the City of Denton and Redflex Traffic Systems USA for operation of an Automated Traffic Signal Enforcement Program; providing for the expenditure of funds therefor; and providing an effective date. J.Consider approval of a resolution of the City of Denton, Texas, approving and adopting Rate Schedule “RRM – Rate Review Mechanism” for Atmos Energy Corporation, Mid-Tex Division, to be in force in the City for a period of time as specified in the Rate Schedule; adopting a savings clause; determining that this resolution was passed in accordance with the requirements of the Texas Open Meetings Act; making other findings and provisions related to the subject; requiring delivery of this resolution to the company; and providing an effective date. K.Consider adoption of an ordinance approving a Lease Agreement to be executed by the City Manager, by and between the City of Denton, Texas and Master Recycling of Texas, Inc., a Corporation, for a certain 3.5 acre tract of land situated in the Gideon Walker Survey, Abstract Number 1330, in the City of Denton, Denton County, Texas, commonly known as 1301 South Mayhill Road; and providing an effective date. L.Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal Cooperative Purchasing Program Agreement with the County of Dallas, Texas under Section 271.102 of the Local Government Code, to authorize City of Denton contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 5279- Interlocal Agreement with the County of Dallas). M.Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager, or his designee, to execute a Purchase Agreement (herein so called), as attached hereto and made a part hereof as Exhibit “A”, by and between Richard A. Gray, Jr., as Owner (herein so called), and the City of Denton, Texas, as Buyer, regarding the sale and purchase of fee simple to a 26.41 acre tract, more or less, situated in the William Roark Survey, Abstract No. 1087, James L. Harris Survey, Abstract No. 555 and the James Edmonson Survey, Abstract No. 400, City of Denton City Council Agenda June 4, 2013 Page 6 located in the City of Denton, Denton County, Texas, as more particularly described in the Purchase Agreement, located generally in the 4500 block of South Bonnie Brae Street (the “Property Interests”), for the purchase price of Six Hundred and Fifty Thousand Dollars and No Cents ($650,000.00), and other consideration, as prescribed in the Purchase Agreement; authorizing the City Manager, or his designee, to execute and deliver any and all other documents necessary to accomplish closing of the transaction contemplated by the Purchase Agreement; authorizing the expenditure of funds therefor; and providing an effective date. (Bonnie Brae Widening and Improvements project – Parcel 39) 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Rural Residential (RD-5) zoning district classification and use designation to an Employment Center Industrial (EC-I) zoning district classification and use designation for approximately 27.76 acres of land, generally located north of University Drive and west of Masch Branch Road, legally described as Lot 2, Block 1 of the Marriott Gardens Addition, in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; and providing a severability clause and an effective date. The Planning and Zoning Commission recommends approval The City Council postponed this (7-0).(Z12-0014, Masch Branch rezoning) item to the June 4, 2013 Council meeting (4-2). B. Consider adoption of an ordinance of the City of Denton, Texas, providing for approval of a detailed plan for 6.199 acres located within Planned Development 120 (PD-120) zoning district; generally located on the south side of Loop 288, west of the intersection of F.M. 2164/Locust Street and Loop 288, in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. The Planning and Zoning Commission recommends approval The City Council postponed (5-1).(PDA12-0006, Gardens of Denton Phase 2) this item to the June 4, 2013 Council meeting (7-0). 6.PUBLIC HEARINGS A. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from Regional Center Residential 1 (RCR-1) zoning district and use classification to a Regional Center Commercial Downtown (RRC-D) zoning district and use classification on approximately 10.56 acres. The subject property is generally located east of I-35 and north of Shady Shores within the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (Z13-0002, Classic Used Cars) The Planning and Zoning Commission recommends approval (7-0). 7. CITIZEN REPORTS A. Review of procedures for addressing the City Council. City of Denton City Council Agenda June 4, 2013 Page 7 B. Receive citizen reports from the following: 1) Robert Donnelly regarding Mayhill Road. 8. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the ________day of ___________________, 2013 at ________o'clock (a.m.) (p.m.) __________________________________________ CITYSECRETARY NOTE: THECITYOFDENTONCITYCOUNCILCHAMBERSISACCESSIBLEIN ACCORDANCEWITHTHEAMERICANSWITHDISABILITIESACT.THECITYWILL PROVIDESIGNLANGUAGEINTERPRETERSFORTHEHEARINGIMPAIREDIF REQUESTEDATLEAST48HOURSINADVANCEOFTHESCHEDULEDMEETING. PLEASECALLTHECITYSECRETARY'SOFFICEAT349-8309ORUSE TELECOMMUNICATIONSDEVICESFORTHEDEAF(TDD)BYCALLING1-800-RELAY- TXSOTHATASIGNLANGUAGEINTERPRETERCANBESCHEDULEDTHROUGHTHE CITYSECRETARY’SOFFICE. WorkSession3 AGENDA INFORMATION SHEET AGENDA DATE: June 4, 2013 DEPARTMENT: Police ACM: Jon Fortune SUBJECT Receive a report, hold a discussion, and give staff direction regarding adoption fees and subsidy funding for animal adoptions at the City of Denton Animal Shelter. BACKGROUND The Denton Animal Shelter provides temporary housing for lost, abandoned, and surrendered animals from within the city limits as well as unincorporated Denton County and the City of Corinth. Unless claimed by their owner within 96 hours, these animals are potentially available for adoption to the general public. Beginning in 2005, the Animal Shelter moved to a one-stop adoption process where adopted animals are spayed/neutered, vaccinated, examined, and microchipped by a veterinarian under contract with the City. Subsequently, the fees for adopting an animal from the shelter were increased to cover the added expense of these medical procedures. The adoption fees were established at $110 for cats and $120 for dogs. Setting the adoption so high that it discourages individuals from selecting animals from the shelter. As the last stop for most of these animals, the shelter must do what it can to market them and make them readily available. Conversely, the adoption also needs to require some sort of financial stake from the adopter. Taking on an animal carries a financial obligation for food and medical care, at a minimum. Previous experi interested in getting an animal for free instead of selecting a suitable animal for their family and living arrangements. A free animal is also much easier to walk away from than one that required an investment. The shelter staff recommended the current adoption price based on the cost for the medical services being performed for the adopted animals. This followed the previous adoption process where adopters paid their veterinarian in advance for the state-required medical work. Staff reasoned that the new fee was a fair trade-off versus the average fees being paid by adopters to individual veterinary practices. Based on the 2006 cost analysis study, the adoption fee covered the medical expenses, but did not cover the incurred boarding costs for the animals, which were held an average of 7.6 days at the shelter. Agenda Information Sheet June 4, 2013 Page 2 Use of Subsidy Funding In the years following the increase in adoption fees, animal adoptions were steady but not significantly high. The shelter relied on area rescue groups to take in a number of animals from the shelter. During busier times, the overcrowded shelter saw animals euthanized due to a lack of space. Concurrent with the emergence of the Denton Animal Shelter Foundation (DASF), the shelter saw an increase in the number of private citizens who offered financial donations to help pay for adoptions. Several programs were established that sponsored discounted adoptions at specific events during the year. In 2012, the Denton Animal Shelter and DASF entered the ASPCA/Rachel Ray Adoption Challenge. This nation-wide adoption competition was intended to promote animal adoptions from local shelters. During the three-month challenge, DASF and private citizens provided thousands of dollars in donations to subsidize the adoption rates for animals at the shelter. The results were astonishing, as the shelter experienced a 53% increase in adoptions over the same timeframe from the previous year. In the months following the challenge, DASF and private individuals continued to provide adoption subsidy funding to encourage adoptions. From January through March of this year, 735 animals were adopted from the shelter. Just over 71% of those adoptions were subsidized by private donations through individual citizens or DASF. While there is no way to accurately determine how many subsidized animals would have still been adopted at full price, there is no doubt that the adoption subsidies are very effective. While these funds are donated willingly, the monthly financial strain is considerable and likely not sustainable. While the subsidies are quite effective, staff has noted two developing trends related to the practice. First and foremost, the subsidies are currently being provided on specific days of the week and/or for specific categories of animals (two-tone coats, all black, etc). Under this arrangement, all animals that qualify are subsidized. There is no way to establish or limit the number of subsidized adoptions on those days. Therefore, those individuals or groups offering the subsidies typically have no way to pre-plan the financial impact of the subsidies until after the adoptions have occurred. There is a significant possibility that the adoptions could exceed the financial expectations of the donors. The second developing trend noted by staff is the impact of the subsidies on adoption practices. Because the subsidies are done on specific days, some adopters will choose to wait for a subsidized day to adopt an animal. With the exception of some of the very popular animals, such as pure breeds, puppies, and kittens, adopters appear to be willing to wait for the lower fee days to make a selection. This is an unintended consequence of the subsidy program. The results are longer hold times for animals that are readily adoptable and an increasing number of requests to offer the subsidies on other days for the convenience of the adopter. Agenda Information Sheet June 4, 2013 Page 3 Recommended Changes Staff examined the adoption fees (and included services) for 23 area animal shelters (Exhibit 1). The results show that the current adoption fees are the second highest for both dogs and cats. While the adoption fee includes a significantly more services than the average shelter in the survey, the costs are still quite high. When combined with the evidence of the effectiveness of the private adoption subsidies, it is clear that a reduction in the adoption fee could make a significant impact on both the number of adoptions and on the ability of the private donors to help even more animals. Adoption Fees Staff proposes that the adoption fees be reduced from the current $120/dogs and $110/cats to a flat $60 for both dogs and cats. This change would place the shelter at the third lowest adoption fee for cats and second lowest for dogs among the surveyed shelters that provide full veterinary services. The change should serve to further encourage adoptions and help to foster the image of the shelter as a place to find quality companions at an affordable price. Barn Cat Program Among the many cats that come into the animal shelter are some that are not socialized (feral) or are otherwise determined to not be a good fit as an in-house companion. For the past few years, private individuals and DASF have been subsidizing the full adoption cost of these cats as a means to get them out to appropriate locations instead of having them euthanized. In 2012, the shelter adopted out an average of 19 barn cats a month. There are a number of barn cat programs -Neuter-Release (TNR) program. Staff recommends eliminating the adoption fee for these animals and providing them to qualified adopters free of charge. Adoption Subsidy Program In addition to the adoption fee reduction, staff would like to formalize the adoption subsidy program. With the adoption fee set at $60, staff would like to establish a set adoption subsidy of $30 per animal. Further, staff would like to replace the use of subsidies for specific days of the week or categories of animals with subsidies for specifically identified animals at the shelter. In doing this, staff would select animals that are typically more difficult to adopt (medical condition, breed type, age, etc) and make them available at the subsidized rate of $30 while they are at the shelter. The combination of the set subsidy amounts and the individual selection of animals will streamline the adoption subsidy process, allow donors to pre-plan and budget for subsidies in advance, and eliminate confusion among adopters, staff, and volunteers as to the cost of adoption on any given day at the shelter. Finally, staff recommends that the adoption fee ordinance include language that allows the Animal Services Supervisor, with the approval of the City Manager (or designee) the flexibility to further reduce the adoption fees for specific animals due to special circumstances when it is determined to be in the best interest of the animal and the shelter. Examples of this would be an animal with a serious medical condition that requires considerable continuing treatment, or an Agenda Information Sheet June 4, 2013 Page 4 overcrowding of the shelter that would result in unanticipated euthanasia of animals deemed otherwise adoptable. helter Advisory Committee on May 16, 2013. The Advisory Committee was supportive of the planned changes to the fees and the subsidy program. The committee unanimously recommended that these changes be brought forward to the Council for consideration. OPTIONS 1.Council can direct staff to proceed with the recommended changes to the Animal Adoption Fees. 2.Council can direct staff to make additional changes to the proposed Animal Adoption Fees. 3.Council can direct staff to maintain the current Animal Adoption Fees. RECOMMENDATION Staff recommends the changes to the adoption fee ordinance. PRIOR ACTION/REVIEW 02/22/05 Council Work Session on Animal Services Strategic Plan. 11/01/05 Council Work Session on One Stop Adoption. 11/15/05 Council Meeting to approve Adoption Fee Ordinance. 05/16/06 Council Work Session on Animal Shelter Cost Recovery Assessment. 10/10/06 Council Work Session on Animal Services Fee Revisions. 12/06/06 Council Meeting to approve Fee Revisions. 05/09/13 Informal Staff Report on Adoption Fees and Subsidies. 05/16/13 Animal Shelter Advisory Committee Adoption Fee Recommendations FISCAL IMPACT The reduction of the fees as outlined above will result in a net reduction of projected revenue of $48 per cat adoption, $108 per barn cat adoption, and $59 per dog adoption. Based on 2012 adoption figures, this would total to a reduction of projected revenue in $151,884. Because budgeted revenue projections are based on adopters paying the standard adoption fee, adoption subsidy donations are already impacting revenue projections. Subsidy donations are tracked through a specific adoption donation account, and are not included in general fund revenue. Given the fact that 71% of the animals adopted in the first three months of 2013 were subsidized by at least $60 each, this projected decrease in revenue is, in essence, already being reflected in the FY 12-13 budget. As stated previously, the ability of these individuals and groups to maintain this level of financial support is questionable. A reduction in subsidy funding would very likely have a negative impact on adoptions, which would lead to an inevitable increase in euthanasia at the shelter. This would translate to increased financial costs (euthanasia, cremation) and a damaging cost to the image of the shelter and the City in general. It should be noted that the cost for euthanasia and cremation Agenda Information Sheet June 4, 2013 Page 5 is estimated to be $45 per animal. In comparison to the reduction in revenue per adopted animal, the net loss of the fee reduction is minimal. Finally, staff anticipates that the cost for adoption veterinary services will decrease with the opening of the Linda McNatt Animal Care and Adoption Ce fully calculated at this point, any decrease in adoption veterinary costs will offset the negative financial impact of these proposed adoption fees. EXHIBITS Exhibit 1 - Adoption Fee Survey Exhibit 2 Draft Ordinance Respectfully submitted, Lee Howell Chief of Police Prepared by: Scott Fletcher, Captain O:\Agendas\FORTUNE AGENDA ITEMS\2013\June 2013\June 4 - 2013\Animal Shelter Funding-Fletcher\Exhibit 2 - AnimalFeeOrdinance.doc ORDINANCE NO._______________ AN ORDINANCE AMENDING ORDINANCE NO. 2006-331 TO DECREASE THE ADOPTION FEES FOR DOGS AND CATS AND TO ALLOW FOR ADOPTION SUBSIDY DONATIONS TO REDUCE THE ADOPTION FEES IN SPECIAL CIRCUMSTANCES FOR SPECIFIC ANIMALS AT THE DISCRETION OF THE ANIMAL SERVICES SUPERVISOR PURSUANT TO CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; PROVIDING THAT A SCHEDULE OF FEES SHALL BE MAINTAINED ON FILE IN THE OFFICE OF THE CITY SECRETARY; A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deems it in the public interest to reduce the adoption fees for dogs and cats; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the following fees in the Schedule of Fees established by Ordinance No. 2006-331 are hereby amended to be collected pursuant to the specified provisions of Chapter 6 of the Code of Ordinances: SCHEDULE OF FEES Sec. 6-14Dog and Cat Registration Fee $ 25.00 annually $ 4.00 annually if unable to procreate The registration fee shall be waived for all sterilized and microchipped animals if the owner provides proof of sterilization and microchipping to the Animal Services Unit. Sec. 6-17Animal Impound Fees (1) Class A Animals (dogs, cats, fowl, each animal) First Impoundment $ 20.00 Second Impoundment $ 30.00 Third Impoundment $ 45.00 Fourth Impoundment $ 70.00 (2) Class B Animals (goats, sheep, lambs, pigs, sows, shoats, calves, foals, and animals of the same approximate size and weight, each animal) First Impoundment $ 30.00 O:\Agendas\FORTUNE AGENDA ITEMS\2013\June 2013\June 4 - 2013\Animal Shelter Funding-Fletcher\Exhibit 2 - AnimalFeeOrdinance.doc Second Impoundment $ 40.00 Third Impoundment $ 75.00 Fourth Impoundment $113.00 (3) Class C Animals (cattle, mules, horses, ponies, and animals of the same approximate size and weight, each animal) First Impoundment $ 35.00 Second Impoundment $ 50.00 Third Impoundment $ 75.00 Fourth Impoundment $115.00 (4) Class D Animal (prohibited, exotic, or wild animals requiring capture by center personnel [provided, if the Class D animal is already contained by the owner, then Class B fee schedule shall apply]) First Impoundment $ 34.00 Second Impoundment $ 50.00 Third Impoundment $ 75.00 Fourth Impoundment $115.00 Sec. 6-17 Daily Handling Fee First Day or part of Day $ 8.00 Each Subsequent Day $ 8.00 Sec. 6-18 Adoption Fees Dogs $ 60.00 Cats $ 60.00 Ferrets $ 10.00 Animal Services may utilize adoption subsidy donations to reduce the adoption fee of specific animals to thirty dollars ($30.00) at the discretion of the Animal Services Supervisor. The Animal Services Supervisor, with the approval of the City Manager (or his designee), may further reduce the adoption fee of any animal based on special circumstances where it is determined to be in the best interest of the animal(s) and the shelter. Sec. 6-21 Carcass Handling/Dead Animal Disposal Fee Drop-off/Animal Brought to Animal Control Center $ 15.00 per animal City Pick-up of Animal $ 35.00 per animal Page 2 of 4 O:\Agendas\FORTUNE AGENDA ITEMS\2013\June 2013\June 4 - 2013\Animal Shelter Funding-Fletcher\Exhibit 2 - AnimalFeeOrdinance.doc Sec. 6-22 Animal Euthanasia Fees (including cremation) $ 30.00 per animal Sec. 6-24 Quarantine Fees First Day or part of Day $ 8.00 Each Subsequent Day $ 8.00 Rabies Diagnostic Testing $ 70.00 Sec. 6-30 Prohibited Animal Permit Fee $ 50.00 per animal Sec. 6-38 Dangerous Animal Fee $200.00 per animal SECTION 2. The above-mentioned fees as established by the City Council shall be placed on file in the office of the City Secretary and made available to any member of the public who wishes to see a copy of the fees as established by this ordinance. The City Secretary is directed to or as in the future may be established by the City Council. All fees shall be paid to the City at the Animal Control Center in accordance with Article III of Chapter 6 of the Code of Ordinances of the City of Denton. SECTION 3. If any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not effect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any invalidity. SECTION 4. Save and except as amended hereby, all the provisions, sections, subsections paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain in full force and effect. SECTION 5. This ordinance shall become effective fourteen (14) days from the date of its passage. PASSED AND APPROVED this the _______ day of _______________________, 2013. ______________________________________ MARK A. BURROUGHS, MAYOR Page 3 of 4 O:\Agendas\FORTUNE AGENDA ITEMS\2013\June 2013\June 4 - 2013\Animal Shelter Funding-Fletcher\Exhibit 2 - AnimalFeeOrdinance.doc ATTEST: JENNIFER WALTERS, CITY SECRETARY By: _________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: __________________________________ Page 4 of 4 WorkSession4 AGENDA INFORMATION SHEET AGENDA DATE: June 4, 2013 DEPARTMENT: Planning and Development ACM: John Cabrales SUBJECT Receive a report, hold a discussion, and give staff direction on averaging density within Residential Land Use Parcels in Planned Development Districts. BACKGROUND On May 7, 2013, City Council received a Public Hearing presentation concerning the Gardens of Denton PD-120 detail plan. During the presentation, several questions were raised by Council and the public regarding averaging density within Residential Land Use Parcels in Planned Development Districts. The purpose of this Work Session presentation is to address these questions and initiate a broader discussion on the practice of averaging density across Residential Land Use Parcels within Planned Developments (PD) and within Subchapter 5 Zoning Districts and Limitations of the Denton Development Code (DDC). The presentation will also include a discussion on the limits staff can compel an applicant to comply with current DDC requirements. History regulations were approved between the adoption of the 1966 and 1969 Zoning Ordinances. Within Article XI of the 1969 Zoning Ordinance, PD Districts were authorized if certain minimum standards such as minimum acreages for proposed uses and site plan standards were met. Additionally, each adopted PD district became an amendment to the Zoning Ordinance itself via appendices and was designated with a specific number within the Ordinance and on the official City of Denton Zoning Map. In 1969 there were five (5) PD districts listed with in the Zoning Ordinance and identified on the official zoning map. In 2002, the City adopted the Denton Development Code (DDC) and initiated a city-wide rezoning which eliminated the option to create new PD districts. Several reasons for discontinuance of the PD district and process at the time of the DDC adoption include: 1.Below par guidelines within the PD district and the disparity in guidelines from PD to PD which caused difficulty with interpretation and enforcement at the time of development; 2.Many PDs did not have timelines for development and over time, uses proposed within the district were no longer compatible with adjacent districts, infrastructure serving the proposed uses and future land uses at the actual time of the development were below par but vested; Agenda Information Sheet February 5, 2013 Page 2 3.The original purpose of PDs was to achieve higher standards of development than what was typical of conventional standards, but this was not necessarily achieved; 4.PDs became a means to circumvent conventional development code requirements; 5.M and, 6.There was great difficultly tracking and administering all paper work and amendments, minor and major, as PDs were approved. At the time of the adoption of the DDC in 2002, there were approximately two hundred (200) PDs within the city limits; however, only fifteen (15) PD districts were retained and vested in the DDC as part of Section 35.1.5.B (Exhibit 1). To provide for flexibility and creativity without the option of a PD, the DDC was adopted with mixed-use zoning districts with the intent to allow some flexibility which PDs had typically provided within the former Zoning Ordinance. These mixed-use zoning districts still have limitations to the size of the proposed uses, location and site design parameters found in the Subdivision Regulations, but the ability to apply density across the parcels is inherent within the general regulation requirements. In 2007, the City adopted the Master Plan Community (MPC) District, codified in Section 35.7.12 of the DDC. A MPC is a PD in application and per 35.7.21.1 of the DDC: e MPC District is intended to accommodate large-scale, unified, comprehensively planned development that conforms with and enhances the goals and policies contained within the Denton Plan. This district is intended to provide an alternative zoning district and development process to accommodate substantial development for residential, commercial, professional, recreational, industrial or other activities, including combinations of uses appropriately requiring flexibility under controlled conditions, not oth To date, four (4) MPCs have been approved: Hills of Denton; Hills of Denton, North; Inspiration (AKA Hunter Ranch); and Cole Ranch. Within the City of Denton, PDs and MPCs currently account for 23.54% (14,248.49 60,517.30 (Exhibit 2). PD-120, North PD-120 was originally approved on September 2, 1986 by Ordinance No. 86-173 on 412.2 acres of land located on the north and south side of Loop 288, west of F.M. 2164 (North Locust Street), approximately 2,164 feet north of Hercules Lane. The PD serves as the development code for the property as it includes zoning, and development regulations. This PD requires review and approval of a concept plan and detail plan by the Planning and Zoning Commission and City Council. The concept plan is the preliminary plan review for a PD and contains general guidelines. The detail plan contains greater details of development and includes a site plan and may include construction documents. Exhibit 3 summarizes the approved zoning for the PD. Agenda Information Sheet February 5, 2013 Page 3 Since the initial approval of PD-120, staff has processed multiple revisions to adopt concept plans, detail plans, and to amend and/or remove sections of the PD. The following actions by the City Council are associated with this PD: Ordinance 98-324 , adopted on October 6, 1998, revised the PD concept plan for that portion of the PD which is located south of Loop 288. The standards approved in 1986 were still applicable to that portion located north of Loop 288. The approved revision Ordinance 2000-135 , adopted a detailed plan for North Pointe, a 162.527 acre single family subdivision. The following table illustrates the land uses approved with this detailed plan: Land Use Acres Lots Residential 117.926 454 Open Space/Park 10.39 2 Open Space/ Detention 30.191 1 Public Use (Water Tower) 4.02 1 Ordinance 2003-362 , adopted on November 4, 2003, amended the detailed plan previously approved (Ord. No. 2000-135) for approximately 50 acres; allowing 16 additional residential lots (for a total of 470), the realignment of the future extension of Hercules Lane and the reduction of usable open space. Ordinance 2005-007 , adopted on January 4, 2005, rezoned 33.7 acres from PD-120 to NR-4. These areas were designated for General Retail and Office uses on the approved concept plan (98-324). Ordinance 2007-150 , adopted on July 17, 2007, approved of the rezoning of 112.8 acres located on the north side of Loop 288 from PD-120 to Hills of Denton Master Planned Community. These areas had been designated for Townhouse (6, 8 and 10 du/acre), Neighborhood Service, Single Family (6 du/ acre) and Office on the approved concept plan (86-173). Ordinance 2010-270 , adopted on October 19, 2010, amended the PD by removing the roadway improvements that are required to be completed with Phase II of the PD and adding revised roadway improvements, amended the masonry requirement to include cement fiberboard as a permitted façade material, and amended the boundaries of the PD to reflect the removal of land per previously approved rezoning requests. Ordinance 2010-315 , adopted on December 7, 2010, provided for a detailed plan for Phase 1 of Gardens of Denton. Agenda Information Sheet February 5, 2013 Page 4 Density Density is calculated as the number of dwelling units per acre (du/ac) and can be presented as a Gross or Net calculation. Per Section 35.23.2 of the DDC, Gross Density is defined as, Conversely, Net Density is defined as, net dwelling units per acre. In determining net density within the development boundaries, including: all land area associated with and accessory to the dwelling unit, including private and public streets, driveways, off-street parking, public and private recreational facilities, common open space, utility easements, and environmentally sensitive areas. Exclusions from net density calculations include: nonresidential structures and land uses, accessory dwelling units, the floodway and any waters of the U.S. and any other exclusions EssentiallyNet Density is the total project area less the right-of-way dedication. The more , dwelling units allowed per acre the densely populated an area becomes. For example, traditional suburban development is typically in the range of 3-5 du/ac and urban development is in the range of 25-30 du/ac. There is not a right or wrong answer to density rather it is a matter of preference. The more pertinent question is can the livability and/or sustainability of the project be maintained over the initial life of the project, does the existing infrastructure, public facilities, and public/private amenities support the land use. Density Transfer One of the tools used to achieve the goals of the PD and DDC is the averaging of density over a specific development area. The practice of averaging density has been established in the development of regulations of three (3) Master Planned Communities (MPC) adopted in 2007 and 2008. The Hills of Denton MPC, the Cole Ranch MPC, and the Hills of Denton North MPC were adopted with provisions to allow for the transfer of density within development parcels. This ability was provided to overcome physical barriers or encumbrances to the property and provides for a maximum number of dwelling units. 1.Hills of Denton - Ordinance 2007-150Standards/Density -attached, single-family units built in the SF (Single-Family) zoning districts, provided the following standards are met: a.The Maximum number of single-family units built in the SF zoning districts may not exceed 5,708 units. b.The total number of platted single-family lots shall be tracked by the developer as individual Final Plats are submitted for review. Agenda Information Sheet February 5, 2013 Page 5 Development thresholds have also been established for Multi-Family (MF) units. A maximum of 2,204 MF dwelling units are permitted in Cole Ranch with an average density of 20 units per acre based on average maximum density allowed and excludes Town Center. Maximum number of MF units (excluding Town Center) shall not exceed 2,204. 2.Cole Ranch MPC, (Ordinance 2008-030), Exhibit A, Page 3: categories, individual building permits or subdivision plats may be approved with densities exceeding the maximums; however the density in any development pod as shown on the Development Plan Map may not exceed the maximum for that zoning category. Density will be calculated as base density as defined in Subchapter 23 of the Denton Development 3.Hills of Denton North Ordinance No. 2008-262, Exhibit A, Page 2: the Hills of Denton North does not permit multi-family units, however the regulations do contain the same Clustering Standards/Density Transfer language that is in the standards for both the Hills of Denton and Cole Ranch. The only difference is that it is only applicable to single family development. - attached, single-family units built in the SF (Single-Family) zoning districts, provided the following standards are met: a.The Maximum number of single-family units built in the SF zoning districts may not exceed 5,708 units. b.The total number of platted single-family lots shall be tracked by the developer as individual Final Plats are submitted for review. The use of density averaging is a tool used to provide flexibility and creativity when designing within PDs and MPCs. The Gardens of Denton PD in developing their site will be within the maximum density and maximum units if adopted by Council. Denton Development Code General Regulations As noted, the ability to apply density across the parcels is inherent within the general regulation requirements of the DDC. However, most conventional municipal zoning codes do not allow single-family, multi-family, and non-residential uses in the same zoning district and are commonly referred to as Euclidean zoning or the practice of transferring density. The term Euclidean Zoning is derived from Euclid (Ohio) v. Ambler Realty Co., the 1926 U.S. Supreme Court decision to affirm the validity of comprehensive zoning. They also contain site development standards for setbacks, site coverage, and the like that produce what many look upon as dull projects because they apply uniformly throughout each district. Developers who had to comply with these zoning and subdivision regulations typically built residential projects with a Agenda Information Sheet February 5, 2013 Page 6 sameness that led to the nickname "cookie-cutter" development, unless there were regulations in place to prevent them from doing so. The PD concept was a response to the inflexibility in conventional residential development. The DDC contemplated this and provides an allowance to preclude a tract development if desired by the developer. The General Regulations contained in Section 35.5.2.3 of the DDC distinguishes between subdivisions of two (2) acres and those above two (2) acres. The General Regulations section, contain the minimum lot area, minimum lot width, and minimum lot depth, and structural setback requirements for development. These are the standards required for single lot subdivision to meet the requirement of the underlying zoning district. However, when property greater than two (2) acres is subdivided the DDC asserts that the noted General Regulations do The following limits apply to subdivision of more than 2 acres in lieu of minimum lot size and dimension requirements: NRMU- NR-1 NR-2 NR-3 NR-4 NR-6 NRMU D;;© w;mÒ·z 12 Maximum density, dwelling units per acre 1 2 3.5 4 6 12 30 Minimum side yard for non-attached 20 feet 10 feet 6 feet 5 feet 4 feet 10 feet 12 feet buildings Although staff has not encountered a situation where an applicant has requested a density based within a subdivision of two (2) acres or more. This is based on the differentiation between subdivision size and the elimination of general regulations for minimum side yard separation. This interpretation -120 is part of a designated Community Mixed Use Activity Center at the intersection of F.M. 2164 (North Locust Street). As such, the recommended housing type is high and moderate density, medium size mixed use apartment buildings, with housing above commercial retail uses. Compliance with Current Denton Development Code Requirements PD Zoning may be defined as the police power measure in which the PD is divided into districts or zones within which permitted and special uses are established as are regulations governing density, building heights, etc. The PD Zoning Ordinance is not just another add-on, but a major development specific regulatory program requiring careful analysis and study before being adopted as the adoption of the PD Zoning Ordinance displaces the existing conventional district zoning for the subject property and becomes its own independent zoning district. A notation is then made on the -l. Additional districts are numbered sequentially as they are approved. This was the historical practice in Denton. For instance, the Robson Ranch PD is designated as PD 173. Agenda Information Sheet February 5, 2013 Page 7 Many developers prefer getting both their PD Concept Plan and development specific PD Zoning Ordinance approval in the very early stages of the process because it gives them a legislative endorsement of the essential elements of the proposed development while allowing them the flexibility to plan the details later. Especially with large-scale projects that may take many years to complete, developers can avoid the cost of expensive detailed plan preparation at the time of initial application that may produce a plan that becomes dated and unusable as markets change. Since these actions in essence supplant the DDC, the property is vested in the requirements at the time of adoption. Consequently, as the City revises requirements and makes amendments to the DDC properties that are bound by the requirements of the PD are not subject to the adopted amendments. Therefore, Tree Preservation and Mitigation requirements for example are not a requirement of PD-120. Examples of Multi-Family projects with Associated Density To better understand and illustrate the various densities of existing MF projects in the City, Staff has prepared an illustration (Exhibit 4) of several MF project with their respective densities. As OPTIONS 1.Direct staff to continue the practice of transferring density on existing and any subsequent PD applications. 2.Direct staff to discontinue the practice of transferring density on PDs unless explicitly noted in the Ordinance approving the PD. 3.Direct staff to implement a combination of Options 1and 2 above. EXHIBITS 1.DDC Section 35-1-5 2.Map of PDs and MPCs 3.Summary of Approved Land Uses 4.Denton Plan Community Mixed Use Activity Center 5.Multi-Family Density Respectfully prepared and submitted by: Brian Lockley, AICP, CPM Planning and Development, Director Exhibit1 35-1-5 Application of this Chapter. Exhibit2 Exhibit3 Livability is subject to perception and opinion. Eschewing subje we can discuss how sustainable density is from two extremes: urb Generally speaking, from a tax funding perspective, urban-level services (water/sewer, police, city streets, et al) can be provided sustainably at an ea-to-swallow urban/city tax rate when lot sizes do not exceed two units/acre (.5 acre pe Otherwise you're building more infrastructure than can be sustai tax rates and those larger lots end up being subsidized by those l (i.e., welfare for the rich). The flip side of the coin is that county roads, et al) are stretched too thin when density exceedst per 20 acres, given typically far-lower rural/county tax rates. In order for a city to pay for itself without overtaxing it's citizens, you need density. In or itself without overtaxing it's citizens, you need to resist dens. It's a tale of two extremes, the hybrid of which is completely unsustainable (i.e., urban density but pay lower county taxes). Exhibit 4 3 Denton Plan Community Typical Neighborhood Mixed-Use Activity Center Mixed Use Activity Center Land Use ................................................................ ...................................... ................................ ............................ ................................................................... ................................................... .......................................................... ............................................... ........................................ ............................. .............................. U.Us .............................................. .... Typical Community Mixed-Use Activity Center ................................................................. ............................................... .......... C, ...................................................................... .............................. ............................................................. ............................. C& ................................................ ....................... LmMh ................ ........ ........... HmMw ................ ........ ......... PsAs .............................................................Typical Regional Mixed-Use Activity Center ..... Ir ............................................................................ ......................................... ......................................................................... ................................................................. ......................................................... .............................................. ................................................. BrDl ................................................... NOTE: Local examples listed in this table represent aspects of typical service areas. These examples do not necessarily repres or site design. LAND ELEMENTS 44 The Denton Plan 1999 - 2020 ConsentAgendaA AGENDA INFORMATION SHEET AGENDA DATE: June 4, 2013Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Ken Banks at 349-7165 ACM: Bryan Langley SUBJECT Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving a three (3) year contract for a comprehensive service plan for an Elan 9000 Inductively Coupled Plasma Mass Spectrometer (ICPMS) located at the City of Denton Municipal Laboratory, which is available from only one source and in accordance with Chapter 252.022 of the Texas Local Government Code such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 3062 awarded to PerkinElmer Health Sciences, Inc. in the annual estimated amount of $23,396 for a three (3) year not-to- exceed amount of $70,188). The Public Utilities Board approved this item by a vote of (5-0). FILE INFORMATION The City of Denton Municipal Laboratory currently owns and operates a PerkinElmer Elan 9000 Inductively Coupled Plasma Mass Spectrometer (ICPMS) which is used to perform metals analyses on water samples. This information is reported to and utilized by City departments in fulfillment of their permit requirements as mandated by State and Federal environmental laws. As this is a highly sophisticated instrument, the City staff recommends establishing a three (3) year comprehensive service plan with PerkinElmer Health Sciences, Inc. (PerkinElmer) to perform maintenance that surpasses the expertise and ability possessed by City of Denton Municipal Laboratory employees. Entering into a long term maintenance agreement will also ensure continuity of service and achieve the best value for the City. PerkinElmer is the sole source for parts, labor, and technical services for all instrumentation manufactured by PerkinElmer, and does not authorize any other parties to service their instruments. Chapter 252.022 of the Texas Local Government Code exempts from the competitive bid process, those supplies and resources protected by copyright or patent and available from only one source. A sole source letter is attached as Exhibit 1. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On May 6, 2013, the Public Utilities Board recommended approval to forward this item to the City Council for consideration. Agenda Information Sheet June 4, 2013 Page 2 RECOMMENDATION Approve a three (3) year contract with PerkinElmer Health Sciences, Inc. in the annual estimated amount of $23,396 for a three (3) year not-to-exceed amount of $70,188. PRINCIPAL PLACE OF BUSINESS PerkinElmer Health Sciences, Inc. Shelton, CT ESTIMATED SCHEDULE OF PROJECT This contract will be in effect through January 31, 2016. FISCAL INFORMATION These services will be funded from the Laboratories Wastewater Collections operating account 640500.6506. EXHIBITS Exhibit 1: Sole Source Letter Exhibit 2: Public Utilities Board Draft Minutes Respectfully submitted: Chuck Springer, 349-8260 Director of Finance 1-AIS-File 3062 Exhibit 1 9IL.L Exhibit 2 DRAFT MINUTES 1 PUBLIC UTILITIES BOARD 2 3 May 20, 2013 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is 6 present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on 7 Monday, May 20, 2013 at 9:00 a.m. in the Service Center Training Room, City of Denton 8 Service Center, 901A Texas Street, Denton, Texas. 9 10 Present: Chairman Dick Smith, Vice Chair Billy Cheek, Secretary Randy 11 Robinson, Phil Gallivan, and Barbara Russell 12 13 Absent: Leonard Herring and Lilia Bynum 14 15 Ex Officio Members: Howard Martin, ACM Utilities; George Campbell, CM 16 OPEN MEETING: 17 18 CONSENT: 19 20 21 1)Consider recommending adoption of an ordinance of the City of Denton, Texas providing 22 for, authorizing, and approving the expenditure of funds for the purchase of a three year 23 service contract from PerkinElmer Health Sciences, Inc. for the maintenance of the Perkin- 24 Elmer ELAN9000 Inductively Coupled Plasma Mass Spectrometer (ICP-MS) being operated 25 by the Municipal Lab. Service on this specialized instrument is available from only one 26 source and, in accordance with Chapter 252.022 of the Texas Local Government Code, such 27 purchases are exempt from the requirements of competitive bidding; and providing an 28 effective date (File 3062- PerkinElmer Contract the annual estimated amount of $24,000 for 29 a three year total not to exceed $70,188). 30 Board Member Robinson motioned to approve item 1 with a second from Board Member 31 Cheek. The vote was 5-0 approved 32 . 33 34 Adjournment 10:52 a.m. ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR, AUTHORIZING, AND APPROVING A THREE (3) YEAR CONTRACT FOR A COMPREHENSIVE SERVICE PLAN FOR AN ELAN 9000 INDUCTIVELY COUPLED PLASMA MASS SPECTROMETER (ICPMS) LOCATED AT THE CITY OF DENTON MUNICIPAL LABORATORY, WHICH IS AVAILABLE FROM ONLY ONE SOURCE AND IN ACCORDANCE WITH CHAPTER 252.022 OF THE TEXAS LOCAL GOVERNMENT CODE SUCH PURCHASES ARE EXEMPT FROM THE REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (FILE 3062 AWARDED TO PERKINELMER HEALTH SCIENCES, INC. IN THE ANNUAL ESTIMATED AMOUNT OF $23,396 FOR A THREE (3) YEAR NOT-TO-EXCEED AMOUNT OF $70,188). WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including; items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; and need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following purchase of materials, equipment or supplies, as hereon, and on file in the office of the Purchasing Agent, and the license terms attached are hereby approved: FILE NUMBER VENDOR AMOUNT 3062 PerkinElmer Health Sciences, Inc. $70,188 SECTION 2. The City Council hereby finds that this bid, and the award thereof, constitutes a procurement of items that are available from only one source, including, items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; and need not be submitted to competitive bids. SECTION 3. The acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION 4. The City Manager is hereby authorized to execute any contracts relating to the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby authorized. SECTION 5. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under File 3062 to the City Manager of the City of Denton, Texas, or his designee. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _________ day of ____________, 2013. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ______________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY ________________ BY: _________________ 5-ORD-File 3062 ConsentAgendaB AGENDA INFORMATION SHEET AGENDA DATE: June 4, 2013 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Curt Arndt 349-8462 ACM: Bryan Langley ______________________________________________________________________________ SUBJECT Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of traffic signal hardware including pedestrian push button systems, illuminated street name signs, and emergency vehicle preemption devices, for the City of Denton Traffic Department, which is available from only one source and in accordance with Chapter 252.022 of the Texas Local Government Code such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 5263 awarded to Consolidated Traffic Controls, Inc. in the annual estimated amount of $200,000 for a three (3) year not to exceed amount of $600,000). FILE INFORMATION This item is for the purchase of the following traffic signal hardware items for the signalized traffic intersections listed in Exhibit 1: Polara Pedestrian Push Button System-assists hearing and visually impaired citizens in crossing the street Southern Manufacturing- Illuminated Street Name Signs Global Technology- Emergency Vehicle Preemption Devices In order to maintain product uniformity and to limit the replacement inventory, these specific models are required as part of traffic signal specifications. All other pedestrian push button and preemption system models are not compatible with the current traffic signal software package. Chapter 252.022 of the Texas Local Government Code exempts from the competitive bid process, those supplies and resources protected by copyright or patent and available from only one source. Consolidated Traffic Controls, Inc. is the exclusive distributor in Texas for these items and therefore, this is a sole source acquisition (Exhibit 2). These items will be purchased through the Houston-Galveston Area Council of Governments (H- GAC) Cooperative Purchasing Program Contract PE-05-11. Agenda Information Sheet June 4, 2013 Page 2 RECOMMENDATION Award the expenditure of funds for the purchase of traffic signal hardware in the unit prices shown on Exhibit 3, to Consolidated Traffic Controls, Inc. in the annual estimated amount of $200,000 for a three (3) year not to exceed amount of $600,000. PRINCIPAL PLACE OF BUSINESS Consolidated Traffic Controls, Inc. Arlington, Texas ESTIMATED SCHEDULE OF PROJECT These items can be delivered and installed within 30-45 days of receipt of an order. FISCAL INFORMATION These items will be funded on an as needed basis through job cost project accounts. EXHIBITS Exhibit 1: List of Signalized Intersections Exhibit 2: Sole Source Letter Exhibit 3: Price Quote from Consolidated Traffic Controls, Inc. Respectfully submitted: Chuck Springer, 349-8260 Director of Finance 1-AIS-File 5263 Exhibit 1 L·;©;-·z t©;-·;7 E© ©EEz- {zm L··zw;¦-; Brinker at Colorado Brinker at Spencer Carroll at Crescent Carroll at Parkway Carroll at Mulberry Country Club 1830 at Hickory Creek Country Club 1830 at Ryan Country Club at Hobson Dallas at Allegra Vista Mayhill at Colorado Mayhill at Spencer Mayhill at Morse State School at Unicorn Lake State School at FM 2499 Teasley at Wheeler Ridge Teasley at Montecito University at Masch Branch University at I-35 University at Bonnie Brae University at Malone University at Fulton University at Alice University at Carroll University at Elm Exhibit 2 May 23, 2013 Scott Wilson Traffic Operations FS Supervisor City of Denton, TX Dear Mr. Wilson, This letter is being sent in response to your request pertaining, LLC, (GTT) Systems. OpticomInfrared and GPS systems provide safe and controlled passage of emergency vehicles through signalized intersections using intern systems are manufactured solely by GTT for all of our customers Authorized Dealer Network. The combination of GTT proprietary s are patented and, as such, we are the sole source for this syste GTT designs, develops and tests each Opticom component as part of a matched component system. Security is accomplished through its proprietary design in order system and maintain the system integrity. Opticom system users who are concerned about unauthorized use and security of their system should not mix the components. GTT cannot ensure system functionality or performanc system products. The use of Opticom products with non-Opticom components could also impact warranty considerations on Opticom products. (CMS) is a proprietary software program for the Consolidated Traffic Controls is the sole authorized dealer for products, in the state of Texas. Consolidated Traffic Controls can be reached at 817-265-3421. In website www.ctc-traffic.com Please feel free to contact me if you have any questions or addi correspondence. I can be reached at (651) 789-7340. Sincerely, Daniel C. Dolsky Sales Representative-Western Region Exhibit 2 May 23, 2013 Mr. Scott Wilson Traffic Operations FS Supervisor City of Denton 215 E. McKinney Street Denton, TX 76201 Dear Mr. Wilson: Consolidated Traffic Controls, Inc. is Southern’s exclusive authorized dealer in Texas for Internally Illuminated Street Name signs and has been for several years. Sincerely, John Steadman National Sales Manager johns@southernmfg.com. Exhibit 2 9153 Stellar Ct. Corona, CA 92883 Phone: (714)521-0900 Toll-Free: (888) 340-4872 Fax: (714) 521-5587 Website: http://www.polara.com ENGINEERING, INC. May 23, 2013 To Whom It May Concern: This letter is to serve as notification that Consolidated Traffic Controls, Inc. is Polara Engineering, state of Texas. If you have any questions, please feel free to give me a call. Sincerely, Matthew Baker National Sales Manager Polara Engineering, Inc. 9153 Stellar Court Corona, CA 92883 Phone: (330) 754-7760 Fax: (714) 521-5587 Exhibit 3-Pedestrian Push Button System Contract CONTRACT PRICING WORKSHEET Date 11/13/2012 PE-05-11 Prepared: For Catalog & Price Sheet Type Purchases No.: This Worksheet is prepared by Contractor and given to End User. MUST be faxed to H-GAC @ 713-993-4548. Therefore please type or pri Buying City of DentonConsolidated Traffic Controls, Inc. Contractor: Agency: ContactPrepared Scott WilsonBryan Jones Person:By: 800-448-8841 Phone:Phone: 800-448-8850 Fax:Fax: scott.wilson@cityofdenton.combjones@ctc-traffic.com Email:Email: Catalog / Price Sheet Traffic Control, Enforcement & Signal Preemption Equipment Name: General Description Polara APS Material of Product: A. Catalog / Price Sheet Items being purchased - Itemize Below - Description QuanUnit PrTotal 9X15 2 Wire Navigator , No Special Voice Message, Solid Black 1354.42354.42 0 2 Wire Central Control Unit 12194.52194.5 0 0 0 0 0 0 0 0 0 Total From Other Sheets, If Any: Subtotal A:2548.92 B. Unpublished Options, Accessory or Service items - Itemize Bel (Note: Unpublished Items are any which were not submitted and pr Description QuanUnit PrTotal 0 0 0 0 Total From Other Sheets, If Any: Subtotal B:0 The total cost of Unpublished Options (Subtotal B) cannot excee Check: For this transaction the percentage is: 0% from Section A. C. Other Allowances, Discounts, Trade-Ins, Freight, Make Ready o Subtotal C:0 Delivery Date: 30 to 45 Days AROD. Total Purchase Price (A+B+C): 2548.92 Exhibit 3-Illuminated Street Signs Contract CONTRACT PRICING WORKSHEET Date PE-05-11 3/6/2013 Prepared: No.: For Catalog & Price Sheet Type Purchases This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents MUST be faxed to H-GAC @ 713-993-4548. Therefore please type or print legibly. Buying City of DentonConsolidated Traffic Controls, Inc. Contractor: Agency: ContactPrepared Scott WilsonDavid Ayers Person:By: 800-448-8841 Phone:Phone: 800-448-8850 Fax:Fax: scott.wilson@cityofdenton.comPresident@CTC-Traffic.com Email:Email: Catalog / Price Sheet Traffic Control, Enforcement & Signal Preemption Equipment Name: General Description Illuminated Street Signs of Product: A. Catalog / Price Sheet Items being purchased - Itemize Below - Attach Additional Sheet If Necessary Description QuanUnit PrTotal 0 Southern Manufacturing Clean Profile Double Sided LED Illuminated Street Sign. 6' X 18" viewable area 119071907 with standard blocking background CP618DTJNNAAD1. Green lens with white lettering. Block 0 numbers. Cantilever Mounted. No mounting hardware included> 0 0 Southern Manufacturing Clean Profile Double Sided LED Illuminated Street Sign. 6' X 24" viewable area 120652065 with standard blocking background CP624DTJNNAAD1. Green lens with white lettering. Block 0 numbers. Cantilever Mounted. No mounting hardware included> 0 0 0 0 0 Total From Other Sheets, If Any: Subtotal A: 3972 B. Unpublished Options, Accessory or Service items - Itemize Below - Attach Additional Sheet If Necessary (Note: Unpublished Items are any which were not submitted and priced in contractor's bid.) Description QuanUnit PrTotal 8' Cantilever Arm for mounting sign. Galvanized Finish. 1895895 0 0 0 Total From Other Sheets, If Any: Subtotal B: 895 Check: The total cost of Unpublished Options (Subtotal B) cannot exceed 25% of the total For this transaction the percentage is: 23% from Section A. C. Other Allowances, Discounts, Trade-Ins, Freight, Make Ready or Miscellaneous Charges Subtotal C: 0 Delivery Date: 4 to 5 Weeks AROD. Total Purchase Price (A+B+C): 4867 Exhibit 3-Emergency Vehicle Preemption Devices Contract CONTRACT PRICING WORKSHEET Date PE-05-11 2/27/2013 Prepared: No.: For Catalog & Price Sheet Type Purchases This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents MUST be faxed to H-GAC @ 713-993-4548. Therefore please type or print legibly. Buying City of DentonConsolidated Traffic Controls, Inc. Contractor: Agency: ContactPrepared Scott WilsonDavid Ayers Person:By: 9403498490800-448-8841 Phone:Phone: 800-448-8850 Fax:Fax: scott.wilson@cityofdenton.comPresident@CTC-Traffic.com Email:Email: Catalog / Price Sheet Traffic Control, Enforcement & Signal Preemption Equipment Name: General Description GTT Preemption of Product: A. Catalog / Price Sheet Items being purchased - Itemize Below - Attach Additional Sheet If Necessary Description QuanUnit PrTotal 138 Opticom Cable (500' Spool) 5000.41205 138 Opticom Cable (1000' Spool) 10000.41410 138 Opticom Cable (2500' Spool) 25000.411025 721 Opticom Detector 1483.9483.9 722 Opticom Detector 1675.1675.1 762 Opticom Phase Selector 11758.751758.75 764 Opticom Phase Selector Multimode 127512751 GTT Multimode Interface Panel (Used for Green Sense and Communication to Phase Selector) 1300300 Narrow Hub 3/4" Hole (500B) 12020 Span Wire Clamp 11515 0 0 Total From Other Sheets, If Any: Subtotal A: 7643.75 B. Unpublished Options, Accessory or Service items - Itemize Below - Attach Additional Sheet If Necessary (Note: Unpublished Items are any which were not submitted and priced in contractor's bid.) Description QuanUnit PrTotal 0 0 0 0 Total From Other Sheets, If Any: Subtotal B: 0 Check: The total cost of Unpublished Options (Subtotal B) cannot exceed 25% of the total For this transaction the percentage is: 0% from Section A. C. Other Allowances, Discounts, Trade-Ins, Freight, Make Ready or Miscellaneous Charges Subtotal C: 0 Delivery Date: 30 Days AROD. Total Purchase Price (A+B+C): 7643.75 ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR, AUTHORIZING, AND APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF TRAFFIC SIGNAL HARDWARE INCLUDING PEDESTRIAN PUSH BUTTON SYSTEMS, ILLUMINATED STREET NAME SIGNS, AND EMERGENCY VEHICLE PREEMPTION DEVICES, FOR THE CITY OF DENTON TRAFFIC DEPARTMENT, WHICH IS AVAILABLE FROM ONLY ONE SOURCE AND IN ACCORDANCE WITH CHAPTER 252.022 OF THE TEXAS LOCAL GOVERNMENT CODE SUCH PURCHASES ARE EXEMPT FROM THE REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (FILE 5263 AWARDED TO CONSOLIDATED TRAFFIC CONTROLS, INC. IN THE ANNUAL ESTIMATED AMOUNT OF $200,000 FOR A THREE (3) YEAR NOT TO EXCEED AMOUNT OF $600,000). WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including; items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; and need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following purchase of materials, equipment or supplies, as described terms attached are hereby approved: FILE NUMBER VENDOR AMOUNT 5263 Consolidated Traffic Controls, Inc. $600,000 SECTION 2. The City Council hereby finds that this bid, and the award thereof, constitutes a procurement of items that are available from only one source, including, items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; and need not be submitted to competitive bids. SECTION 3. The acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION 4. The City Manager is hereby authorized to execute any contracts relating to the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby authorized. SECTION 5. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under the File 5263 to the City Manager of the City of Denton, Texas, or his designee. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _________ day of ____________, 2013. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ______________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY ________________ BY: _________________ 5-ORD-File 5263 ConsentAgendaC AGENDA INFORMATION SHEET AGENDA DATE: June 4, 2013 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Curt Arndt 349-8462 ACM: Bryan Langley ______________________________________________________________________________ SUBJECT Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of traffic signal hardware including traffic signal controllers, video detection systems, battery backup systems, and network switches, for the City of Denton Traffic Department, which is available from only one source and in accordance with Chapter 252.022 of the Texas Local Government Code such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 5264 awarded to Paradigm Traffic Systems in the annual estimated amount of $260,000 for a three (3) year not to exceed amount of $780,000). FILE INFORMATION This item is for the purchase of the following traffic signal hardware items for the signalized traffic intersections listed in Exhibit 1: Econolite Traffic Signal Controllers and Vehicle Detection Systems Alpha Battery Backup Systems for traffic signals Etherwan Network Communication Switches In order to maintain product uniformity and to limit the replacement inventory, these specific models are required as part of traffic signal specifications. All other traffic controllers and network switches are not compatible with the current traffic signal software package. Chapter 252.022 of the Texas Local Government Code exempts from the competitive bid process, those supplies and resources protected by copyright or patent and available from only one source. Paradigm Traffic Systems is the exclusive distributor in Texas for these items and therefore, this is a sole source acquisition (Exhibit 2). RECOMMENDATION Award the expenditure of funds for the purchase of traffic signal hardware in the unit prices shown on Exhibit 3, to Paradigm Traffic Systems in the annual estimated amount of $260,000 for a for a three (3) year not to exceed amount of $780,000. Agenda Information Sheet June 4, 2013 Page 2 PRINCIPAL PLACE OF BUSINESS Paradigm Traffic Systems Arlington, Texas ESTIMATED SCHEDULE OF PROJECT These items can be delivered and installed within 30-45 days of receipt of an order. FISCAL INFORMATION These items will be funded on an as needed basis through job cost project accounts. EXHIBITS Exhibit 1: List of Signalized Intersections Exhibit 2: Sole Source Letters Exhibit 3: Quotes from Paradigm Traffic Systems Respectfully submitted: Chuck Springer, 349-8260 Director of Finance 1-AIS-File 5264 Exhibit 1 L·;©;-·z t©;-·;7 E© ©EEz- {zm L··zw;¦-; Brinker at Colorado Brinker at Spencer Carroll at Crescent Carroll at Parkway Carroll at Mulberry Country Club 1830 at Hickory Creek Country Club 1830 at Ryan Country Club at Hobson Dallas at Allegra Vista Mayhill at Colorado Mayhill at Spencer Mayhill at Morse State School at Unicorn Lake State School at FM 2499 Teasley at Wheeler Ridge Teasley at Montecito University at Masch Branch University at I-35 University at Bonnie Brae University at Malone University at Fulton University at Alice University at Carroll University at Elm Exhibit 2 May14,2013 ScottWilson CityofDenton RE:ParadigmEconoliteDistributor DearMr.Wilson, ThisletteristoconfirmthatParadigmTrafficSystemsisthesoledistributorforEconoliteControlProducts, Inc.intheStateofTexas.ParadigmistheonlyEconoliteapprovedsourcetosellourproductofferings.For yourentireEconoliteproductneedspleasecontactParadigmTrafficSystems. AllproductrepairsareperformedatourEconoliteRepairDepartmentinAnaheim,Ca.Paradigmis authorizedtosendtheircustomerrepairsintoourRepairDepartment. Sincerely, PattyJohnson DistributionManager EconoliteControlProducts,Inc. pjohnson@econolite.com CC:ParadigmTrafficSystems Exhibit 2 - ¸ þ City of Denton Scott Wilson Mr. Wilson: Please accept this letter as the formal notice that Paradigm Tra the Alpha Technologies Exclusive Preferred Traffic Distributor f Alpha Technologies line of Battery Backup Systems for traffic si within the state of Texas. For assistance with system configurations, quotes, pricing, prod ordering, product availability, installation service, technical repair support of Alpha Technologies line of Traffic BBS, please Paradigm Inc. This includes the following Alpha Products: FXM full line of UPS power modules Novus UPS models Full line of Alpha Batteries Alpha Bypass, U-ATS and G-ATS transfer switches. Alpha BBS Traffic Enclosures. In addition, please make note that Alpha Technologies will provi necessary support to Paradigm Inc. in order for them to provide Denton the support and service required to meet all expectations Sincerely, Signature on file Dennis Bennett National Manager-Traffic and ITS Alpha Technologies Ltd. 972-637-3527 Off 214-585-1699 Cell #c: %±¨ª +¤¢§³ 2¤¦¨® « 3 «¤² - ¦¤± !«¯§ 4¤¢§®«®¦¨¤² Exhibit 2 Exhibit 3-Traffic Controllers and Vehicle Detection Systems PARADIGM (817) 831-9406 ph P.O. Box 5508 (817) 831-9407 fx Arlington, TX 76005 TRAFFIC SYSTEMS, INC. QUOTATION City of Denton2013 Econolite Pricelist TO:RFQ: 801 Texas StreetValid thru December 31, 2013 Denton, TX 76209 Scott Wilson attn: 940-349-8491 ph: 940-349-7307 fax: scott.wilson@cityofdenton.com E-mail: DATESLSMNDELIVERYFREIGHTSHIP VIAF.O.B.TERMSQUOTE # 4/2/13JPBest WayNET 30Q14886JP 30-60 Days AROPPD & Allowed Destination ITEMQTYDESCRIPTIONUNIT PRICETOTAL PRICE Econolite Controller Equipment 1$2,100.00 1Econolite ASC/3-21110100000 Controller w/ Ethernet Port & Data K$2,100.00 2 1Data Key Upgrade f$125.00$125.00 or ASC/3 (100-1007-501) 3 1Henke "D" Harnass for Econolite $95.00$95.00 Econolite Solo Terra Video Equipment 7 1Solo Terra (ASOLOTERRA1S)$3,495.00$3,495.00 8 1Camera Mounting Bracket (AS-0175-1-84)$115.00$115.00 9$1,700.00 1Terra Access Point (ATAPE)$1,700.00 10$570.00 1Terra Interface Panel (ATIP1)$570.00 11 1TIP to TAP I/F Cable Kit , 24 I/O (ASTCBL12)$85.00$85.00 12 1ACIP Power Panel (ACP-340)$200.00$200.00 13 1Solo Terra Software & Manuals (ASOLOSST)N/C 14$7.00 1CAT-5E Patch Cable, 7'$7.00 15 1USB Mouse$15.00$15.00 16 1Solo Terra Cable (3 Conductor, 16 AWG) ($/FT)$0.80$0.80 14886JP.xls, quote DATESLSMNDELIVERYFREIGHTSHIP VIAF.O.B.TERMSQUOTE # 4/2/13JPBest WayNET 30Q14886JP 30-60 Days AROPPD & Allowed Destination ITEMQTYDESCRIPTIONUNIT PRICETOTAL PRICE Econolite Solo Terra Video Detection Kits 173-Camera Solo Terra Video Detection Systems c/o:$14,334.00 1$14,334.00 3ea Solo Terra (ASOLOTERRA1S) 3ea Camera Mounting Bracket (AS-0175-1-84) 1ea Terra Access Point (ATAPE) 1ea Terra Interface Panel (ATIP1) 1ea TIP to TAP I/F Cable Kit , 24 I/O (ASTCBL12) 1ea ACIP Power Panel (ACP-340) 1ea CAT-5E Patch Cable, 7' 1ea USB Mouse 18 1 Econolite 4-Camera Solo Terra Video Detection Systems c/o:$17,994.00$17,994.00 4ea Solo Terra (ASOLOTERRA1S) 4ea Camera Mounting Bracket (AS-0175-1-84) 1ea Terra Access Point (ATAPE) 1ea Terra Interface Panel (ATIP1) 1ea TIP to TAP I/F Cable Kit , 24 I/O (ASTCBL12) 1ea ACIP Power Panel (ACP-340) 1ea CAT-5E Patch Cable, 7' 1ea USB Mouse 19Econolite 6-Camera Solo Terra Video Detection Systems c/o:$25,557.00 1$25,557.00 6ea Solo Terra (ASOLOTERRA1S) 6ea Camera Mounting Bracket (AS-0175-1-84) 1ea Terra Access Point (ATAPE) 1ea Terra Interface Panel (ATIP1) 1ea TIP to TAP I/F Cable Kit , 24 I/O (ASTCBL12) 1ea ACIP Power Panel (ACP-340) 1ea CAT-5E Patch Cable, 7' 1ea USB Mouse ADD 9% FOR CREDIT CARD PAYMENT ADD 9% FOR CREDIT CARD PAYMENTTOTAL$66,392.80 Thank you for the opportunity to submit a proposal to you OFFERED BY: Please reference this quotation (by on this equipment. QTE number) when placing order. If you have any questions please call or send a fax to me. __________________________________ This quote is valid for 60 days. Thereafter it is subject to Jerry Priester change without notice. Paradigm Traffic Systems, Inc. Federal ID# 75-2520341 14886JP.xls, quote Exhibit 3-Etherwan Network Communication Switches PARADIGM (817) 831-9406 ph P.O. Box 5508 (817) 831-9407 fx Arlington, TX 76005-5508 TRAFFIC SYSTEMS, INC. QUOTATION City of DentonDIR-SDD-1546 TO:RFQ: 801 Texas StreetExpires September 16, 2014 Denton, TX 76209 Scott Wilson attn: 940-349-8491 ph: scott.wilson@cityofdenton.com e-mail: DATESLSMNDELIVERYFREIGHTSALES AREAF.O.B.TERMSQUOTE # 9/6/2012MHNORTHNet 30Q14217MH 30-45 Days AROPPD & AllowedDestination ITEMQTYDESCRIPTIONUNIT PRICETOTAL PRICE 1$1,178.10 1EtherWAN Hardened Managed Ethernet Switch with 12 Ports 10/100$1,178.10 + 2 Ports 1000LX, P/N EX72129-0AB 2 1EtherWAN Hardened Managed Ethernet Switch with 12 Ports 10/100$1,101.60$1,101.60 + 2 Ports 10/100/1000T/SFP Combo, P/N EX72129-0VB 3 1EtherWAN Hardened Power Supply, P/N 41-136044-1$61.20$61.20 4$172.13 1EtherWAN Hardened SFP Module, Gigabit SM TTL 10KM$172.13 P/N EX-1250TSP-MB4L-A TOTAL$2,513.03 Thank you for the opportunity to submit a proposal to you OFFERED BY: Please reference this quotation (by on this equipment. QTE number) when placing order. If you have any questions please call or send a fax to me. __________________________________ This quote is valid for 60 days. Thereafter it is subject to Matt Hendricks change without notice. Paradigm Traffic Systems, Inc. Federal ID# 75-2520341 14217MH.xls, quote Exhibit 3-Alpha Battery Backup Systems PARADIGM (817) 831-9406 ph PO Box 5508 (817) 831-9407 fx Arlington, Texas 76005 TRAFFIC SYSTEMS, INC. QUOTATION City of Denton BuyBoard Contract # 363-10 801 Texas Street Public Safety, Fire House TO:RFQ: Denton, TX 76209 Supply & Equipment & Scott Wilson Traffic Signals 940-349-8491 attn: 512-467-0222 pn 940-349-7307 1-800-211-5454 fax scott.wilson@cityofdenton.com DATESLSMNDELIVERYFREIGHTSHIP VIAF.O.B.TERMSQUOTE # 1/16/2013DJBest WayNet 30Q14627DJ 30 - 45 Days AROPPD & AllowedDestination ITEMQTYDESCRIPTIONUNIT PRICETOTAL PRICE 1$4,800.00 1UPS BATTERY BACKUP SYSTEM C/O:$4,800.00 1 each Alpha FXM 2000 - SNMP UPS 1 each Automatic / Maual Transfer Switch 4 each 220 GXL Battery 1 each Battery Cable Kit I each Alpha Guard Battery Balancer I each UPS Side Mount Cabinet NOTE: Price quoted reflect a $200.00 discount off of standard BuyBoard pricing. NOTE: PURCHASE ORDER MUST BE PROCESSED THROUGH WWW.BUYBOARD.COM TOTAL$4,800.00 Thank you for the opportunity to submit a proposal to you on OFFERED BY: Please reference this quotation (by QTE this equipment. number) when placing order. If you have any questions please call or send a fax to me. __________________________________ This quote is valid for 60 days. Thereafter it is subject to Dan Jaynes change without notice. Paradigm Traffic Systems, Inc. Federal ID# 75-2520341 14627DJ, quote PARADIGM (817) 831-9406 ph P.O. Box 5508 (817) 831-9407 fx Arlington,TX 76005-5508 TRAFFIC SYSTEMS, INC. QUOTATION City of Denton 801 Texas StreetPlano Contract TO:RFQ: Denton, TX 76209BID# 2009-111-C Scott WilsonExpires 9/7/13 940-349-8491 attn: 940-349-7307 ph: scott.wilson@cityofdenton.com email: DATESLSMNDELIVERYFREIGHTSHIP VIAF.O.B.TERMSQUOTE # 1/16/13DJBest WayNet 30Q14623DJ 30-45 Days AROPPD & AllowedDestination ITEMQTYDESCRIPTIONPRICETOTAL 11Furnish UPS 2.0 IVA 120 Volt Single Phase$2,290.00$2,290.00 21Furnish UPS Cabinet to House UPS 2.0 IVA 120 Volt$1,500.00$1,500.00 Single Phase 31Installation Assistance$350.00$350.00 ADD 9% FOR CREDIT CARD PAYMENT TOTAL$4,140.00 Thank you for the opportunity to submit a proposal to you OFFERED BY: Please reference this quotation (by on this equipment. QTE number) when placing order. If you have any questions please call or send a fax to me. __________________________________ This quote is valid for 60 days. Thereafter it is subject to Dan Jaynes change without notice. Paradigm Traffic Systems, Inc. Federal ID# 75-2520341 14623DJ, quote (2) ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR, AUTHORIZING, AND APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF TRAFFIC SIGNAL HARDWARE INCLUDING TRAFFIC SIGNAL CONTROLLERS, VIDEO DETECTION SYSTEMS, BATTERY BACKUP SYSTEMS, AND NETWORK SWITCHES, FOR THE CITY OF DENTON TRAFFIC DEPARTMENT, WHICH IS AVAILABLE FROM ONLY ONE SOURCE AND IN ACCORDANCE WITH CHAPTER 252.022 OF THE TEXAS LOCAL GOVERNMENT CODE SUCH PURCHASES ARE EXEMPT FROM THE REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (FILE 5264 AWARDED TO PARADIGM TRAFFIC SYSTEMS IN THE ANNUAL ESTIMATED AMOUNT OF $260,000 FOR A THREE (3) YEAR NOT TO EXCEED AMOUNT OF $780,000). WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including; items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; and need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following purchase of materials, equipment or supplies, as described terms attached are hereby approved: FILE NUMBER VENDOR AMOUNT 5264 Paradigm Traffic Systems $780,000 SECTION 2. The City Council hereby finds that this bid, and the award thereof, constitutes a procurement of items that are available from only one source, including, items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; and need not be submitted to competitive bids. SECTION 3. The acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION 4. The City Manager is hereby authorized to execute any contracts relating to the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby authorized. SECTION 5. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under the File 5264 to the City Manager of the City of Denton, Texas, or his designee. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _________ day of ____________, 2013. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ______________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY ________________ BY: _________________ 5-ORD-File 5264 FILE 5264 CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND PARADIGM TRAFFIC SYSTEMS, INC. (FILE 5264) THIS CONTRACT is made and entered into this day of A.D., 2013, by and between Paradigm Traffic Systems, Inc. a corporation, whose address is P.O. Box 5508, CITY OF DENTON, Arlington, TX 76005, hereinafter referred to as "Supplier," and the TEXAS , a home rule municipal corporation, hereinafter referred to as "City," to be effective upon approval of the Denton City Council and subsequent execution of this Contract by the Denton City Manager or his duly authorized designee. For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties agree as follows: SCOPE OF SERVICES FILE # 5264, a copy of which is on file at the office of Purchasing Agent and incorporated herein for all purposes. The Contract consists of this written agreement and the following items which are attached hereto, or on file, and incorporated herein by reference: on file at the office of the Purchasing Agent (a)City 5264 () A (b)Standard Terms and Conditions (c)Special Terms and Conditions (Exhibit "C") (d)Form CIQ Conflict of Interest Questionnaire . (Exhibit "D") (e); These documents make up the Contract documents and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence first to the written agreement then to the contract documents in the order in which they are listed above. These documents shall be referred to 1 FILE 5264 Exhibit A City of Denton Standard Purchase Terms and Conditions These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings and other issued by the City of Denton hereinafter referred to as the City or Buyer and the Seller herein after Procurement Department and the Supplier. No Terms and Conditions contained in the S Proposal response, Invoice or Statement shall serve to modify the terms set forth herein. If there is a conflict between the provisions on the face of the Contract/Purchase Order these written provisions will take precedence. By submitting an Offer in response to the Solicitation, the Supplier agrees that the contract shall be governed by the following terms and conditions, unless exceptions are duly noted and fully negotiated. Unless otherwise specified in the contract, Sections 3, 4, 5, 6, 7, 8, 20, 21, and 36 shall apply only to a Solicitation to purchase Goods, and Sections 9, 10, 11 and 22 shall apply only to a Solicitation to -of-way. SUPPLIER 1. . The Supplier shall fully and timely provide all deliverables described in the Solicitation and in the Supplier and all applicable Federal, State, and local laws, rules, and regulations. EFFECTIVE DATE/TERM 2. . Unless otherwise specified in the Solicitation, this Contract shall be effective as of the date the contract is signed by the City, and shall continue in effect until all obligations are performed in accordance with the Contract. SUPPLIER TO PACKAGE DELIVERABLES 3. : The Supplier will package deliverables in accordance with good commercial practice and shall include a packing list showing the description of each item, the quantity and unit price unless otherwise provided in the Specifications or Supplemental Terms and Conditions, each shipping container shall be clearly and permanently marked as follows: (a) The Supplier name, address and purchase order or purchase release number and the price agreement number if applicable, (c) Container number and total number of containers, e.g. box 1 of 4 boxes, and (d) the number of the container bearing the packing list. The Supplier shall bear cost of packaging. Deliverables shall be suitably packed to secure lowest transportation costs and to conform to all the requirements of common carriers and any applicable specification. The City's count or weight shall be final and conclusive on shipments not accompanied by packing lists. SHIPMENT UNDER RESERVATION PROHIBITED 4. : The Supplier is not authorized to ship the deliverables under reservation and no tender of a bill of lading will operate as a tender of deliverables. TITLE & RISK OF LOSS 5. : Title to and risk of loss of the deliverables shall pass to the City only when the City actually receives and accepts the deliverables. DELIVERY TERMS AND TRANSPORTATION CHARGES 6. : Deliverables shall be shipped F.O.B. point of delivery unless otherwise specified in the Supplemental Terms and Conditions. Unless otherwise stated in the Offer, the Supplier to designate what method of transportation shall be used to ship the deliverables. The place of delivery shall be that set forth the purchase order. RIGHT OF INSPECTION AND REJECTION 7. : The City expressly reserves all rights under law, including, but not limited to the Uniform Commercial Code, to inspect the deliverables at delivery before accepting them, and to reject defective or non-conforming deliverables. If the City has the right to inspect the SupplierSupplier SupplierSupplier Supplier shall furnish, or cause to be furnished, without additional charge, all reasonable facilities and assistance to the City to facilitate such inspection. 3 FILE 5264 NO REPLACEMENT OF DEFECTIVE TENDER 8. : Every tender or delivery of deliverables must fully comply with all provisions of the Contract as to time of delivery, quality, and quantity. Any non-complying tender shall constitute a breach and the Supplier shall not have the right to substitute a conforming tender; provided, where the time for performance has not yet expired, the Supplier may notify the City of the intention to cure and may then make a conforming tender within the time allotted in the contract. PLACE AND CONDITION OF WORK 9. : The City shall provide the Supplier access to the sites where the Supplier is to perform the services as required in order for the Supplier to perform the services in a timely and efficient manner, in accordance with and subject to the applicable security laws, rules, and regulations. The Supplier he location and essential characteristics of the work sites, the quality and quantity of materials, equipment, labor and facilities necessary to perform the services, and any other condition or state of fact which could in any way affect performance of the SupplierSupplier hereby releases and holds the City harmless from and against any liability or claim for damages of any kind or nature if the actual site or service conditions differ from expected conditions. WORKFORCE 10. A. The Supplier shall employ only orderly and competent workers, skilled in the performance of the services which they will perform under the Contract. B. The Supplier, its employees, subcontractors, and subcontractor's employees may not while engaged in participating or responding to a solicitation or while in the course and scope of delivering goods or services under a City of Denton contract or on the City's property . i. use or possess a firearm, including a concealed handgun that is licensed under state law, except as required by the terms of the contract; or ii. use or possess alcoholic or other intoxicating beverages, illegal drugs or controlled substances, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on the job. C. If the City or the City's representative notifies the Supplier that any worker is incompetent, disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the Supplier shall immediately remove such worker from Contract services, and may not employ such worker again on Contract services without the City's prior written consent. Immigration: The Supplier represents and warrants that it shall comply with the requirements of the Immigration Reform and Control Act of 1986 and 1990 regarding employment verification and retention of verification forms for any individuals hired on or after November 6, 1986, who will perform any labor or services under the Contract and 1996. COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL REGULATIONS 11. : The Supplier, and their respective employees, shall comply fully with all applicable federal, state, and local health, safety, and environmental laws, ordinances, rules and regulations in the performance of the services, including but not limited to those promulgated by the City and by the Occupational Safety and Health Administration (OSHA). In case of conflict, the most stringent safety requirement shall govern. The Supplier shall indemnify and hold the City harmless from and against all claims, demands, suits, actions, judgments, fines, penalties and liability of every kind arising from the breach of the Supplier Environmental Protection: The supplier shall be in compliance with all applicable standards, orders, or regulations et seq issued pursuant to the mandates of the Clean Air Act (42 U.S.C. §7401 .) and the Federal Water Pollution et seq Control Act, as amended, (33 U.S.C. §1251 .). INVOICES 12. : A. The Supplier shall submit separate invoices in duplicate on each purchase order or purchase release after each delivery. If partial shipments or deliveries are authorized by the City, a separate invoice must be sent for each shipment or delivery made. 4 FILE 5264 Proper Invoices must include a unique invoice number, the purchase order or delivery order number and B. name of the point of contact for the Department . Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading and the freight waybill, when applicable, shall be attached to the invoice. The Supplier ion with the City. Unless otherwise instructed in writing, the City may rely on the remittance address specified on the Supplier C. Invoices for labor shall include a copy of all time-sheets with trade labor rate and deliverables order number clearly identified. Invoices shall also include a tabulation of work-hours at the appropriate rates and grouped by work order number. Time billed for labor shall be limited to hours actually worked at the work site. D. Unless otherwise expressly authorized in the Contract, the Supplier shall pass through all Subcontract and other authorized expenses at actual cost without markup. E. Federal excise taxes, State taxes, or City sales taxes must not be included in the invoiced amount. The City will furnish a tax exemption certificate upon request. PAYMENT 13. : A. All proper invoices need to be sent to Accounts Payable. Approved invoices will be paid within thirty (30) ounts Payable, whichever is later. If payment is not timely made, (per paragraph A); interest shall accrue on the unpaid balance at the lesser B. of the rate specified in Texas Government Code Section 2251.025 or the maximum lawful rate; except, if payment is not timely made for a reason for which the City may withhold payment hereunder, interest shall not accrue until ten (10) calendar days after the grounds for withholding payment have been resolved. C. If partial shipments or deliveries are authorized by the City, the Supplier will be paid for the partial shipment or delivery, as stated above, provided that the invoice matches the shipment or delivery. D. The City may withhold or set off the entire payment or part of any payment otherwise due the Supplier to such extent as may be necessary on account of: i. delivery of defective or non-conforming deliverables by the Supplier; ii. third party claims, which are not covered by the insurance which the Supplier is required to provide, are filed or reasonable evidence indicating probable filing of such claims; iii. failure of the Supplier to pay Subcontractors, or for labor, materials or equipment; suppliers, which is not covered by insurance required to be provided by the Supplier; v. reasonable evidence that the Supplier specified in the Contract, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; vi. failure of the Supplier to submit proper invoices with purchase order number, with all required attachments and supporting documentation; or vii. failure of the Supplier to comply with any material provision of the Contract Documents. E. Notice is hereby given that any awarded firm who is in arrears to the City of Denton for delinquent taxes, the City may offset indebtedness owed the City through payment withholding. F. Payment will be made by check unless the parties mutually agree to payment by credit card or electronic transfer of funds. The Supplier agrees that there shall be no additional charges, surcharges, or penalties to the City for payments made by credit card or electronic funds transfer. obligations are payable only and solely from funds Appropriated and available for this contract. The absence of Appropriated or other lawfully available funds shall render the Contract null and void to the extent funds are not Appropriated or available and any deliverables delivered but unpaid shall be returned to the Supplier. The City shall provide the Supplier written notice of the failure of the City to make an adequate Appropriation for any fiscal year to pay the amounts due under the Contract, or the reduction of any Appropriation to an amount insufficient to permit the City to pay its obligations under the Contract. In the event of none or inadequate appropriation of funds, there will be no penalty nor removal fees charged to the City. TRAVEL EXPENSES 14. : All travel, lodging and per diem expenses in connection with the Contract shall be paid by the Supplier,unless otherwise stated in the contract terms. 5 FILE 5264 FINAL PAYMENT AND CLOSE-OUT 15. : A. If a DBE/MBE/WBE Program Plan is agreed to and the Supplier has identified Subcontractors, the Supplier is required to submit a Contract Close-Out MBE/WBE Compliance Report to the Purchasing Manager no later than the 15th calendar day after completion of all work under the contract. Final payment, retainage, or both may be withheld if the Supplier is not in compliance with the requirements as accepted by the City. B. The making and acceptance of final payment will constitute: i. a waiver of all claims by the City against the Supplier, except claims (1) which have been previously asserted in writing and not yet settled, (2) arising from defective work appearing after final inspection, (3) arising from failure of the Supplier to comply with the Contract or the terms of any warranty specified herein, (4) arising from the Supplierhe Contract, including but not limited to indemnity and warranty Supplier against the City other than those previously asserted in writing and not yet settled. SPECIAL TOOLS & TEST EQUIPMENT 16. : If the price stated on the Offer includes the cost of any special tooling or special test equipment fabricated or required by the Supplier for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the City and shall be identified by the Supplier as such. RIGHT TO AUDIT 17. : A. The City shall have the right to audit and make copies of the books, records and computations pertaining to the Contract. The Supplier shall retain such books, records, documents and other evidence pertaining to the Contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within ten (10) business days of written request. Further, the Supplier shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to the Contract, and to allow the City similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the City unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the Supplier which must be payable within five (5) business days of receipt of an invoice. B. Failure to comply with the provisions of this section shall be a material breach of the Contract and shall such drafts or electronic files are subsequently used to generate or prepare a final printed document. SUBCONTRACTORS 18. : A. If the Supplier identified Subcontractors in a DBE/MBE/WBE agreed to Plan, the Supplier shall comply with all requirements approved by the City. The Supplier shall not initially employ any Subcontractor except as provided in the SupplierPlan. The Supplier shall not substitute any Subcontractor identified in the Plan, unless the substitute has been accepted by the City in writing. No acceptance by the City of any Subcontractor shall constitute a waiver of any rights or remedies of the City with respect to defective deliverables provided by a Subcontractor. If a Plan has been approved, the Supplier is additionally required to submit a monthly Subcontract Awards and Expenditures Report to the Procurement Manager, no later than the tenth calendar day of each month. B. Work performed for the Supplier by a Subcontractor shall be pursuant to a written contract between the Supplier and Subcontractor. The terms of the subcontract may not conflict with the terms of the Contract, and shall contain provisions that: i. require that all deliverables to be provided by the Subcontractor be provided in strict accordance with the provisions, specifications and terms of the Contract; ii. prohibit the Subcontractor from further subcontracting any portion of the Contract without the prior written consent of the City and the Supplier. The City may require, as a condition to such further subcontracting, that the Subcontractor post a payment bond in form, substance and amount acceptable to the City; iii. require Subcontractors to submit all invoices and applications for payments, including any claims for additional payments, damages or otherwise, to the Supplier in sufficient time to enable the Supplier to include same with its invoice or application for payment to the City in accordance with the terms of the Contract; iv. require that all Subcontractors obtain and maintain, throughout the term of their contract, insurance in the type and amounts specified for the Supplier, with the City being a named insured as its interest shall appear; and v. require that the Subcontractor indemnify and hold the City harmless to the same extent as the Supplier is required to indemnify the City. 6 FILE 5264 C. The Supplier shall be fully responsible to the City for all acts and omissions of the Subcontractors just as the Supplier is responsible for the Supplier's own acts and omissions. Nothing in the Contract shall create for the benefit of any such Subcontractor any contractual relationship between the City and any such Subcontractor, nor shall it create any obligation on the part of the City to pay or to see to the payment of any moneys due any such Subcontractor except as may otherwise be required by law. D. The Supplier shall pay each Subcontractor its appropriate share of payments made to the Supplier not later than ten (10) calendar days after receipt of payment from the City. WARRANTY-PRICE 19. : A. The Supplier warrants the prices quoted in the Offer are no higher than the Supplier's current prices on orders by others for like deliverables under similar terms of purchase. B. The Supplier certifies that the prices in the Offer have been arrived at independently without consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such fees with any other firm or with any competitor. C. In addition to any other remedy available, the City may deduct from any amounts owed to the Supplier, or otherwise recover, any amounts paid for items in excess of the Supplier's current prices on orders by others for like deliverables under similar terms of purchase. WARRANTY TITLE 20. : The Supplier warrants that it has good and indefeasible title to all deliverables furnished under the Contract, and that the deliverables are free and clear of all liens, claims, security interests and encumbrances. The Supplier shall indemnify and hold the City harmless from and against all adverse title claims to the deliverables. WARRANTY DELIVERABLES 21. : The Supplier warrants and represents that all deliverables sold the City under the Contract shall be free from defects in design, workmanship or manufacture, and conform in all material respects to the specifications, drawings, and descriptions in the Solicitation, to any samples furnished by the Supplier, to the terms, covenants and conditions of the Contract, and to all applicable State, Federal or local laws, rules, and regulations, and industry codes and standards. Unless otherwise stated in the Solicitation, the deliverables shall be new or recycled merchandise, and not used or reconditioned. A. Recycled deliverables shall be clearly identified as such. B. The Supplier may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law; and any attempt to do so shall be without force or effect. C. Unless otherwise specified in the Contract, the warranty period shall be at least one year from the date of acceptance of the deliverables or from the date of acceptance of any replacement deliverables. If during the warranty period, one or more of the above warranties are breached, the Supplier shall promptly upon receipt of demand either repair the non-conforming deliverables, or replace the non-conforming deliverables with fully conforming ll costs incidental to such repair or replacement, including but not limited to, any packaging and shipping costs shall be borne exclusively by the Supplier. The City shall endeavor to give the Supplier written notice of the breach of warranty within thirty (30) rights under this section. D. If the Supplier is unable or unwilling to repair or replace defective or non-conforming deliverables as required by the City, then in addition to any other available remedy, the City may reduce the quantity of deliverables it may be required to purchase under the Contract from the Supplier, and purchase conforming deliverables from other sources. In such event, the Supplier shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such deliverables from another source. E. If the Supplier the Supplier warranty cannot be fully transferred to the City, the Supplier shall assist and cooperate with the City to the fullest WARRANTY SERVICES 22. : The Supplier warrants and represents that all services to be provided the City under the Contract will be fully and timely performed in a good and workmanlike manner in accordance with generally accepted industry standards and practices, the terms, conditions, and covenants of the Contract, and all applicable Federal, State and local laws, rules or regulations. A.The Supplier may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law, and any attempt to do so shall be without force or effect. 7 FILE 5264 B. Unless otherwise specified in the Contract, the warranty period shall be at least one year from the Acceptance Date. If during the warranty period, one or more of the above warranties are breached, the Supplier shall promptly upon receipt of demand perform the services again in accordance with above standard at no additional cost to the City. All costs incidental to such additional performance shall be borne by the Supplier. The City shall endeavor to give the Supplier written notice of the breach of warranty within thirty (30) calendar days of discovery of the breach C. If the Supplier is unable or unwilling to perform its services in accordance with the above standard as required by the City, then in addition to any other available remedy, the City may reduce the amount of services it may be required to purchase under the Contract from the Supplier, and purchase conforming services from other sources. In such event, the Supplier shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such services from another source. ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES 23. : If, instead of requiring immediate correction or removal and replacement of defective or non-conforming deliverables, the City prefers to accept it, the City may do so. The Supplier evaluation of and determination to accept such defective or non-conforming deliverables. If any such acceptance occurs prior to final payment, the City may deduct such amounts as are necessary to compensate the City for the diminished value of the defective or non-conforming deliverables. If the acceptance occurs after final payment, such amount will be refunded to the City by the Supplier. RIGHT TO ASSURANCE 24. : Whenever one party to the Contract in good faith has reason to question the other . In the event that no assurance is given within the time specified after demand is made, the demanding party may treat this failure as an anticipatory repudiation of the Contract. STOP WORK NOTICE 25. : The City may issue an immediate Stop Work Notice in the event the Supplier is observed performing in a manner that is in violation of Federal, State, or local guidelines, or in a manner that is determined by the City to be unsafe to either life or property. Upon notification, the Supplier will cease all work until notified by the City that the violation or unsafe condition has been corrected. The Supplier shall be liable for all costs incurred by the City as a result of the issuance of such Stop Work Notice. DEFAULT 26. : The Supplier shall be in default under the Contract if the Supplier (a) fails to fully, timely and faithfully perform any of its material obligations under the Contract, (b) fails to provide adequate assurance of performance under Paragraph 24, (c) becomes insolvent or seeks relief under the bankruptcy laws of the United States or (d) makes a material misrepresentation in Supplier submitted by the Supplier to the City. TERMINATION FOR CAUSE: 27. In the event of a default by the Supplier, the City shall have the right to terminate the Contract for cause, by written notice effective ten (10) calendar days, unless otherwise specified, after the date of such notice, unless the Supplier, within such ten (10) day period, cures such default, or provides evidence sufficient t other remedy available under law or in equity, the City shall be entitled to recover all actual damages, costs, losses and expenses, incurred by the City as a result of the Supplier -judgment interest at the maximum lawful rate. Additionally, in the event of a default by the Supplier, the City may remove the Supplier for three (3) years and any Offer submitted by the Supplier may be disqualified for up to three (3) years. All rights and remedies under the Contract are cumulative and are not exclusive of any other right or remedy provided by law. TERMINATION WITHOUT CAUSE 28. : The City shall have the right to terminate the Contract, in whole or in f termination, the Supplier shall promptly cease all further work pursuant to the Contract, with such exceptions, if any, specified in the notice of termination. The City shall pay the Supplier, to the extent of funds Appropriated or otherwise legally available for such purposes, for all goods delivered and services performed and obligations incurred prior to the date of termination in accordance with the terms hereof. FRAUD 29. : Fraudulent statements by the Supplier on any Offer or in any report or deliverable required to be submitted by the Supplier to the City shall be grounds for the termination of the Contract for cause by the City and may result in legal action. 8 FILE 5264 DELAYS 30. : A. The City may delay scheduled delivery or other due dates by written notice to the Supplier if the City deems it is in its best interest. If such delay causes an increase in the cost of the work under the Contract, the City and the Supplier shall negotiate an equitable adjustment for costs incurred by the Supplier in the Contract price and execute an amendment to the Contract. The Supplier must assert its right to an adjustment within thirty (30) calendar days from the date of receipt of the notice of delay. Failure to agree on any adjusted price shall be handled under the Dispute Resolution process specified in paragraph 49. However, nothing in this provision shall excuse the Supplier from delaying the delivery as notified. B. Neither party shall be liable for any default or delay in the performance of its obligations under this Contract if, while and to the extent such default or delay is caused by acts of God, fire, riots, civil commotion, labor disruptions, sabotage, sovereign conduct, or any other cause beyond the reasonable control of such Party. In the event of default or delay in contract performance due to any of the foregoing causes, then the time for completion of the services will be extended; provided, however, in such an event, a conference will be held within three (3) business days to establish a mutually agreeable period of time reasonably necessary to overcome the effect of such failure to perform. INDEMNITY 31. : A. Definitions: i. "Indemnified Claims" shall include any and all claims, demands, suits, causes of action, judgments and liability of every character, type or description, including all reasonable costs and expenses of litigation, mediation or other alternate dispute resolution mechanism, including attorney and other professional fees for: (1) damage to or loss of the property of any person (including, but not limited to the City, the Supplier, their respective agents, officers, employees and subcontractors; the officers, agents, and employees of such subcontractors; and third parties); and/or (2) death, bodily injury, illness, disease, worker's compensation, loss of services, or loss of income or wages to any person (including but not limited to the agents, officers and employees of the City, the Supplier, the Supplier include the sale of defective or non-conforming deliverables, negligence, willful misconduct or a breach of any legally imposed strict liability standard. TSUPPLIER(C), ,C, B. HE SHALL DEFEND AT THE OPTION OF THE ITYINDEMNIFYAND HOLD THE ITYITS ,,, SUCCESSORSASSIGNSOFFICERSEMPLOYEES AND ELECTED OFFICIALS HARMLESS FROM AND AGAINST ALL ICD,,F NDEMNIFIED LAIMS IRECTLY ARISING OUT OFINCIDENT TOCONCERNING OR RESULTING FROM THE AULT SUPPLIER,SUPPLIER',, OF THE OR THE S AGENTSEMPLOYEES OR SUBCONTRACTORSIN THE PERFORMANCE SUPPLIERC. N OF THE S OBLIGATIONS UNDER THE ONTRACTOTHING HEREIN SHALL BE DEEMED TO LIMIT THE CSUPPLIER(,, RIGHTS OF THE ITY OR THE INCLUDINGBUT NOT LIMITED TOTHE RIGHT TO SEEK ). CONTRIBUTIONAGAINST ANY THIRD PARTY WHO MAY BE LIABLE FOR AN INDEMNIFIED CLAIM INSURANCE 32. : The following insurance requirements are applicable, in addition to the specific insurance requirements detailed in the solicitation document. The successful firm shall procure and maintain insurance of the types and in the minimum amounts acceptable to the City of Denton. The insurance shall be written by a company licensed to do business in the State of Texas and satisfactory to the City of Denton. A. General Requirements. i. The Supplier shall at a minimum carry insurance in the types and amounts indicated and agreed to, as submitted to the City and approved by the City within the procurement process, for the duration of the Contract, including extension options and hold over periods, and during any warranty period. ii. The Supplier the City as verification of coverage prior to contract execution and within fourteen (14) calendar days after written request from the City. Failure to provide the required Certificate of Insurance may subject the Offer to disqualification from consideration for award. The Supplier must also forward a Certificate of Insurance to the City whenever a previously identified policy period has expired, or an extension option or hold over period is exercised, as verification of continuing coverage. iii. The Supplier shall not commence work until the required insurance is obtained and until such insurance has been reviewed by the City. Approval of insurance by the City shall not relieve or decrease the liability of the Supplier hereunder and shall not be construed to be a limitation of liability on the part of the Supplier. iv. The Supplier must submit certificates of insurance to the City for all subcontractors prior to the subcontractors commencing work on the project. v. The Supplier business in the State of Texas at the time the policies are issued and shall be written by companies with A- VII or better A.M. Best ratings of 9 FILE 5264 vi. All endorsements naming the City as additional insured, waivers, and notices of cancellation endorsements as well as the Certificate of Insurance shall contain the solicitation number and the following information: City of Denton Materials Management Department 901B Texas Street Denton, Texas 76209 on any policy. It is intended that policies required in the Contract, covering both the City and the Supplier, shall be considered primary coverage as applicable. viii. If insurance policies are not written for amounts agreed to with the City, the Supplier shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability Insurance is provided, it shall follow the form of the primary coverage. ix. The City shall be entitled, upon request, at an agreed upon location, and without expense, to review certified copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of the parties hereto or the underwriter on any such policies. x. The City reserves the right to review the insurance requirements set forth during the effective period of the Contract and to make reasonable adjustments to insurance coverage, limits, and exclusions when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, the claims history of the industry or financial condition of the insurance company as well as the Supplier. xi. The Supplier shall not cause any insurance to be canceled nor permit any insurance to lapse during the term of the Contract or as required in the Contract. xii. The Supplier shall be responsible for premiums, deductibles and self-insured retentions, if any, stated in policies. All deductibles or self-insured retentions shall be disclosed on the Certificate of Insurance. xiii. The Supplier ed in within the solicitation and requirements are required minimums and are not intended to limit the responsibility or liability of the Supplier. B. Specific Coverage Requirements: Specific insurance requirements are contained in the solicitation instrument. CLAIMS 33. : If any claim, demand, suit, or other action is asserted against the Supplier which arises under or concerns the Contract, or which could have a material adverse affect on the Supplier the Supplier shall give written notice thereof to the City within ten (10) calendar days after receipt of notice by the Supplier. Such notice to the City shall state the date of notification of any such claim, demand, suit, or other action; the names and addresses of the claimant(s); the basis thereof; and the name of each person against whom such claim is being asserted. Such notice shall be delivered personally or by mail and shall be sent to the City and to the Denton City Attorney. Personal delivery to the City Attorney shall be to City Hall, 215 East McKinney Street, Denton, Texas 76201. NOTICES 34. : Unless otherwise specified, all notices, requests, or other communications required or appropriate to be given under the Contract shall be in writing and shall be deemed delivered three (3) business days after postmarked if sent by U.S. Postal Service Certified or Registered Mail, Return Receipt Requested. Notices delivered by other means shall be deemed delivered upon receipt by the addressee. Routine communications may be made by first class mail, telefax, or other commercially accepted means. Notices to the Supplier shall be sent to the address specified in the Supplier City shall be addressed to the City at 901B Texas Street, Denton, Texas 76209 and marked to the attention of the Purchasing Manager. RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL 35. : All material submitted by the Supplier to the City shall become property of the City upon receipt. Any portions of such material claimed by the Supplier to be proprietary must be clearly marked as such. Determination of the public nature of the material is subject to the Texas Public Information Act, Chapter 552, and Texas Government Code. 10 FILE 5264 NO WARRANTY BY CITY AGAINST INFRINGEMENTS 36. : The Supplier represents and warrants to the City that: (i) the Supplier shall provide the City good and indefeasible title to the deliverables and (ii) the deliverables supplied by the Supplier in accordance with the specifications in the Contract will not infringe, directly or contributorily, any patent, trademark, copyright, trade secret, or any other intellectual property right of any kind of any third party; that no claims have been made by any person or entity with respect to the ownership or operation of the deliverables and the Supplier does not know of any valid basis for any such claims. The Supplier shall, at its sole expense, defend, indemnify, and hold the City harmless from and against all liability, damages, and costs (including court costs and reasonable fees of attorneys and other professionals) arising out of or resulting from: (i) applicable, license rights, and its use of the deliverables infringes the intellectual property rights of any third party; or (ii) the SupplierSupplier stated in this Contract. In the event of any such claim, the City shall have the right to monitor such claim or at its option engage its own separate counsel to act as co-Supplier s regarding the deliverables shall in no way diminish Supplier no warranty that the production, development, or delivery of such deliverables will not impact such warranties of Supplier. CONFIDENTIALITY 37. : In order to provide the deliverables to the City, Supplier may require access to certain secrets, confidential know-how, confidential business information, and other information which the City or its Supplier acknowledges and agrees that the Confidential Information is the valuable property of the City and/or its licensors and any unauthorized use, disclosure, dissemination, or other release of the Confidential Information will substantially injure the City and/or its licensors. The Supplier (including its employees, subcontractors, agents, or representatives) agrees that it will maintain the Confidential Information in strict confidence and shall not disclose, disseminate, copy, divulge, recreate, or otherwise use the Confidential Information without the prior written consent of the City or in a manner not expressly permitted under this Agreement, unless the Confidential Information is required to be disclosed by law or an order of any court or other governmental authority with proper jurisdiction, provided the Supplier promptly notifies the City before disclosing such information so as to permit the City reasonable time to seek an appropriate protective order. The Supplier agrees to use protective measures no less stringent than the Supplier uses within its own business to protect its own most valuable information, which protective measures shall under all circumstances be at least reasonable measures to ensure the continued confidentiality of the Confidential Information. OWNERSHIP AND USE OF DELIVERABLES 38. : The City shall own all rights, titles, and interests throughout the world in and to the deliverables. A. Patents. As to any patentable subject matter contained in the deliverables, the Supplier agrees to disclose such patentable subject matter to the City. Further, if requested by the City, the Supplier agrees to assign and, if necessary, cause each of its employees to assign the entire right, title, and interest to specific inventions under such patentable subject matter to the City and to execute, acknowledge, and deliver and, if necessary, cause each of its employees to execute, acknowledge, and deliver an assignment of letters patent, in a form to be reasonably approved by the City, to the City upon request by the City. B. Copyrights. As to any deliverables containing copyrightable subject matter, the Supplier agrees that upon their creation, such deliverables shall be considered as work made-for-hire by the Supplier for the City and the City shall own all copyrights in and to such deliverables, provided however, that nothing in this Paragraph 38 shall negate the deliverables. Should by operation of law, such deliverables not be considered works made-for-hire, the Supplier hereby assigns to the City (and agrees to cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver an assignment to the City of) all worldwide right, title, and interest in and to such deliverables. With respect to such work made-for-hire, the Supplier agrees to execute, acknowledge, and deliver and cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver a work- made-for-hire agreement, in a form to be reasonably approved by the City, to the City upon delivery of such deliverables to the City or at such other time as the City may request. C. Additional Assignments. The Supplier further agrees to, and if applicable, cause each of its employees to, execute, acknowledge, and deliver all applications, specifications, oaths, assignments, and all other instruments which the City might reasonably deem necessary in order to apply for and obtain copyright protection, mask work registration, trademark registration and/or protection, letters patent, or any similar rights in any and all countries and in order to assign and convey to the City, its successors, assigns and nominees, the sole and exclusive right, title, and interest in and to the deliverables. The Supplier executed, acknowledged, and delivered) instruments or papers such as those described in this Paragraph 38 a., b., 11 FILE 5264 and c. shall continue after the termination of this Contract with respect to such deliverables. In the event the City should not seek to obtain copyright protection, mask work registration or patent protection for any of the deliverables, but should desire to keep the same secret, the Supplier agrees to treat the same as Confidential Information under the terms of Paragraph 37 above. PUBLICATIONS 39. : All published material and written reports submitted under the Contract must be originally developed material unless otherwise specifically provided in the Contract. When material not originally developed is included in a report in any form, the source shall be identified. ADVERTISING 40. : The Supplier City has entered into the Contract, except to the extent required by law. NO CONTINGENT FEES 41. : The Supplier warrants that no person or selling agency has been employed or retained to solicit or secure the Contract upon any agreement or understanding for commission, percentage, brokerage, or contingent fee, excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Supplier for the purpose of securing business. For breach or violation of this warranty, the City shall have the right, in addition to any other remedy available, to cancel the Contract without liability and to deduct from any amounts owed to the Supplier, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. GRATUITIES 42. : The City may, by written notice to the Supplier, cancel the Contract without liability if it is determined by the City that gratuities were offered or given by the Supplier or any agent or representative of the Supplier to any officer or employee of the City of Denton with a view toward securing the Contract or securing favorable treatment with respect to the awarding or amending or the making of any determinations with respect to the performing of such contract. In the event the Contract is canceled by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by the Supplier in providing such gratuities. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS 43. : No officer, employee, independent consultant, or elected official of the City who is involved in the development, evaluation, or decision-making process of the performance of any solicitation shall have a financial interest, direct or indirect, in the Contract resulting from that solicitation. Any willful violation of this section shall constitute impropriety in office, and any officer or employee guilty thereof shall be subject to disciplinary action up to and including dismissal. Any violation of this provision, with the knowledge, expressed or implied, of the Supplier shall render the Contract voidable by the Attachment B City. The Supplier ). INDEPENDENT SUPPLIER 44. : The Contract shall not be construed as creating an employer/employee relationship, a partnership, or a joint venture. The Suppliersupplier. The Supplier agrees and understands that the Contract does not grant any rights or privileges established for employees of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave of the Supplier or any employee of the Supplier, and it is expressly understood that Supplier shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. ASSIGNMENT-DELEGATION 45. : The Contract shall be binding upon and ensure to the benefit of the City and the Supplier and their respective successors and assigns, provided however, that no right or interest in the Contract shall be assigned and no obligation shall be delegated by the Supplier without the prior written consent of the City. Any attempted assignment or delegation by the Supplier shall be void unless made in conformity with this paragraph. The Contract is not intended to confer rights or benefits on any person, firm or entity not a party hereto; it being the intention of the parties that there are no third party beneficiaries to the Contract. WAIVER 46. : No claim or right arising out of a breach of the Contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. No waiver by either the Supplier or the City of any one or more events of default by the other party shall operate as, or be construed to be, a permanent waiver of any rights or obligations under the Contract, or an express or implied acceptance of any other existing or future default or defaults, whether of a similar or different character. 12 FILE 5264 MODIFICATIONS 47. : The Contract can be modified or amended only by a writing signed by both parties. No pre-printed or similar terms on any the Supplier invoice, order or other document shall have any force or effect to change the terms, covenants, and conditions of the Contract. INTERPRETATION 48. : The Contract is intended by the parties as a final, complete and exclusive statement of the terms of their agreement. No course of prior dealing between the parties or course of performance or usage of the trade shall be relevant to supplement or explain any term used in the Contract. Although the Contract may have been substantially drafted by one party, it is the intent of the parties that all provisions be construed in a manner to be fair to both parties, reading no provisions more strictly against one party or the other. Whenever a term defined by the Uniform Commercial Code, as enacted by the State of Texas, is used in the Contract, the UCC definition shall control, unless otherwise defined in the Contract. DISPUTE RESOLUTION 49. : A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to negotiate prior to prosecuting a suit for damages. However, this section does not prohibit the filing of a lawsuit to toll the running of a statute of limitations or to seek injunctive relief. Either party may make a written request for a meeting between representatives of each party within fourteen (14) calendar days after receipt of the request or such later period as agreed by the parties. Each party shall include, at a minimum, one (1) senior level individual with decision-making authority regarding the dispute. The purpose of this and any subsequent meeting is to attempt in good faith to negotiate a resolution of the dispute. If, within thirty (30) calendar days after such meeting, the parties have not succeeded in negotiating a resolution of the dispute, they will proceed directly to mediation as described below. Negotiation may be waived by a written agreement signed by both parties, in which event the parties may proceed directly to mediation as described below. B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the negotiation process, the parties may select, within thirty (30) calendar days, a mediator trained in mediation skills to assist with resolution of the dispute. Should they choose this option; the City and the Supplier agree to act in good faith in the selection of the mediator and to give consideration to qualified individuals nominated to act as mediator. Nothing in the Contract prevents the parties from relying on the skills of a person who is trained in the subject matter of the dispute or a contract interpretation expert. If the parties fail to agree on a mediator within thirty (30) calendar days of initiation of the mediation process, the mediator shall be selected by the Denton County Alternative Dispute Resolution Program (DCAP). The parties agree to participate in mediation in good faith for up to thirty (30) calendar days from the date of the first mediation session. The City and the Supplier will share the me parties will bear their own costs of participation such as fees for any consultants or attorneys they may utilize to represent them or otherwise assist them in the mediation. JURISDICTION AND VENUE 50. : The Contract is made under and shall be governed by the laws of the State of Texas, including, when applicable, the Uniform Commercial Code as adopted in Texas, V.T.C.A., Bus. & Comm. Code, Chapter 1, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. All issues arising from this Contract shall be resolved in the courts of Denton County, Texas and the parties agree to submit to the exclusive personal jurisdiction of such courts. The foregoing, however, shall not be construed or interpreted to limit or restrict the right or ability of the City to seek and secure injunctive relief from any competent authority as contemplated herein. INVALIDITY 51. : The invalidity, illegality, or unenforceability of any provision of the Contract shall in no way affect the validity or enforceability of any other portion or provision of the Contract. Any void provision shall be deemed severed from the Contract and the balance of the Contract shall be construed and enforced as if the Contract did not contain the particular portion or provision held to be void. The parties further agree to reform the Contract to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Contract from being void should a provision which is the essence of the Contract be determined to be void. 13 FILE 5264 HOLIDAYS: 52. The following holidays are observed by the City erved) MLK Day Memorial Day 4th of July Labor Day Thanksgiving Day Day After Thanksgiving Christmas Eve (observed) Christmas Day (observed) If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday falls on Sunday, it will be observed on the following Monday. Normal hours of operation shall be between 8:00 am and 4:00 pm, Monday through Friday, excluding City of Denton Holidays. Any scheduled deliveries or work performance not must be approved within the normal hours of operation by the City Manager of Denton, Texas or his authorized designee. SURVIVABILITY OF OBLIGATIONS: 53. All provisions of the Contract that impose continuing obligations on the parties, including but not limited to the warranty, indemnity, and confidentiality obligations of the parties, shall survive the expiration or termination of the Contract. NON-SUSPENSION OR DEBARMENT CERTIFICATION: 54. The City of Denton is prohibited from contracting with or making prime or sub-awards to parties that are suspended or debarred or whose principals are suspended or debarred from Federal, State, or City of Denton Contracts. By accepting a Contract with the City, the Vendor certifies that its firm and its principals are not currently suspended or debarred from doing business with the Federal Government, as indicated by the General Services Administration List of Parties Excluded from Federal Procurement and Non-Procurement Programs, the State of Texas, or the City of Denton. EQUAL OPPORTUNITY 55. Equal Employment Opportunity: A. employment practice. No person shall, on the grounds of race, sex, age, disability, creed, color, genetic testing, or national origin, be refused the benefits of, or be otherwise subjected to discrimination under any activities resulting from this RFQ. Americans with Disabilities Act (ADA) Compliance: B. engage in any discriminatory employment practice against individuals with disabilities as defined in the ADA. BUY AMERICAN ACT-SUPPLIES (Applicable to certain federally funded requirements) 56. The following federally funded requirements are applicable, in addition to the specific federally funded requirements. A. Definitions. As used in this paragraph i. "Component" means an article, material, or supply incorporated directly into an end product. ii. "Cost of components" means - (1) For components purchased by the Supplier, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or (2) For components manufactured by the Supplier, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product. iii. "Domestic end product" means- (1)An unmanufactured end product mined or produced in the United States; or 14 FILE 5264 (2) An end product manufactured in the United States, if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic. Scrap generated, collected, and prepared for processing in the United States is considered domestic. iv. "End product" means those articles, materials, and supplies to be acquired under the contract for public use. v. "Foreign end product" means an end product other than a domestic end product. vi. "United States" means the 50 States, the District of Columbia, and outlying areas. B. The Buy American Act (41 U.S.C. 10a - 10d) provides a preference for domestic end products for supplies acquired for use in the United States. C. The City does not maintain a list of foreign articles that will be treated as domestic for this Contract; but will consider for approval foreign articles as domestic for this product if the articles are on a list approved by another Governmental Agency. The Offeror shall submit documentation with their Offer demonstrating that the article is on an approved Governmental list. D. The Supplier shall deliver only domestic end products except to the extent that it specified delivery of foreign end products in the provision of the Solicitation entitled "Buy American Act Certificate". RIGHT TO INFORMATION: 57.The City of Denton reserves the right to use any and all information presented in any response to this solicitation, whether amended or not, except as prohibited by law. Selection of rejection of the submittal does not affect this right. LICENSE FEES OR TAXES: 58.Provided the solicitation requires an awarded supplier or supplier to be licensed by the State of Texas, any and all fees and taxes are the responsibility of the supplier. PREVAILING WAGE RATES: 59. All supplier discrimination in the employment practices. http://www.access.gpo.gov/davisbacon/tx.html COMPLIANCE WITH ALL STATE, FEDERAL, AND LOCAL LAWS: 60.The contractor or supplier shall comply with all State, Federal, and Local laws and requirements. The Supplier must comply with all applicable laws at all times, including, without limitation, the following: (i) §36.02 of the Texas Penal Code, which prohibits bribery; (ii) §36.09 of the Texas Penal Code, which prohibits the offering or conferring of benefits to public servants. The Supplier shall give all notices and comply with all laws and regulations applicable to furnishing and performance of the Contract. FEDERAL, STATE, AND LOCAL REQUIREMENTS: 61.Supplier shall demonstrate on-site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act of of 1978, dealing with issuance of Form W-2's to common law employees. Supplier is responsible for both federal and State unemployment insurance coverage and standard Worker's Compensation insurance coverage. Supplier shall ensure compliance with all federal and State tax laws and withholding requirements. The City of Denton shall not be liable to Supplier or its employees for any Unemployment or Workers' Compensation coverage, or federal or State withholding requirements. Supplier shall indemnify the City of Denton and shall pay all costs, penalties, or losses resulting from Supplier's omission or breach of this Section. DRUG FREE WORKPLACE: 62.The supplier shall comply with the applicable provisions of the Drug-Free Work Place Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701 ET SEQ.) and maintain a drug- free work environment; and the final rule, government-wide requirements for drug-free work place (grants), issued by the Office of Management and Budget and the Department of Defense (32 CFR Part 280, Subpart F) to implement the provisions of the Drug-Free Work Place Act of 1988 is incorporated by reference and the supplier shall comply with the relevant provisions thereof, including any amendments to the final rule that may hereafter be issued. SUPPLIER LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: 63.The Supplier shall be liable for all damages to government-owned, leased, or occupied property and equipment caused by the Supplier and its employees, agents, subcontractors, and suppliers, including any delivery or cartage company, in connection with any performance pursuant to the Contract. The Supplier shall notify the City of Denton Procurement Manager in writing of any such damage within one (1) calendar day. 15 FILE 5264 FORCE MAJEURE: 64.The City of Denton, any Customer, and the Supplier shall not be responsible for performance under the Contract should it be prevented from performance by an act of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault or negligence of the City of Denton. In the event of an occurrence under this Section, the Supplier will be excused from any further performance or observance of the requirements so affected for as long as such circumstances prevail and the Supplier continues to use commercially reasonable efforts to recommence performance or observance whenever and to whatever extent possible without delay. The Supplier shall immediately notify the City of Denton Procurement Manager by telephone (to be confirmed in writing within five (5) calendar days of the inception of such occurrence) and describe at a reasonable level of detail the circumstances causing the non-performance or delay in performance. NON-WAIVER OF RIGHTS: 65.Failure of a Party to require performance by another Party under the Contract will not affect the right of such Party to require performance in the future. No delay, failure, or waiver of either cancel, waive or otherwise affect such right or remedy. A waiver by a Party of any breach of any term of the Contract will not be construed as a waiver of any continuing or succeeding breach. NO WAIVER OF SOVEREIGN IMMUNITY: 66.The Parties expressly agree that no provision of the Contract is in any way intended to constitute a waiver by the City of Denton of any immunities from suit or from liability that the City of Denton may have by operation of law. RECORDS RETENTION: 67.The Supplier shall retain all financial records, supporting documents, statistical records, and any other records or books relating to the performances called for in the Contract. The Supplier shall retain all such records for a period of four (4) years after the expiration of the Contract, or until the CPA or State Auditor's Office is satisfied that all audit and litigation matters are resolved, whichever period is longer. The Supplier shall grant access to all books, records and documents pertinent to the Contract to the CPA, the State Auditor of Texas, and any federal governmental entity that has authority to review records due to federal funds being spent under the Contract. 16 FILE 5264 EXHIBIT C CIQ CONFLICT OF INTEREST QUESTIONNAIRE FORM For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491. OFFICE USE ONLY This questionnaire is being filed in accordance with chapter 176 Date Received person who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the person meets requirements under Section 176.006(a By law this questionnaire must be filed with the records adminis later than the 7th business day after the date the person becomes aware statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Sec Code. An offense under this section is a Class C misdemeanor. Name of person who has a business relationship with local govern 1 2 Check this box if you are filing an update to a previously filedquestionnaire. (The law requires that you file an updated completed questionnai th later than the 7 business day after the date the originally filed questionnaire b inaccurate.) 3 Name of local government officer with whom filer has an employment or business relationship. Name of Officer This section, (item 3 including subparts A, B, C & D), must be c employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving investment income, from the filer of the questionnaire? Yes No B. Is the filer of the questionnaire receiving or likely to receive or at the direction of the local government officer named in thitaxable income is not received from the local governmental entity? Yes No C. Is the filer of this questionnaire employed by a corporation or local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes No D. Describe each affiliation or business relationship. 4 Signature of person doing business with the governmental Date entity 19 Exhibit D 20 21 22 23 24 ConsentAgendaD AGENDA INFORMATION SHEET AGENDA DATE: June 4, 2013 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Curt Arndt 349-8462 ACM: Bryan Langley ______________________________________________________________________________ SUBJECT Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of traffic signal radar vehicle/pedestrian detection systems, for the City of Denton Traffic Department, which is available from only one source and in accordance with Chapter 252.022 of the Texas Local Government Code such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 5265 awarded to Twincrest Technologies in the annual estimated amount of $400,000 for a three (3) year not to exceed amount of $1,200,000). FILE INFORMATION This item is for the purchase of the following traffic signal hardware items for the signalized traffic intersections listed in Exhibit 1: Wavetronics Forward Fire Radar Detection Systems Wavetronics Stop Bar Radar Detection Systems In order to maintain product uniformity and to limit the replacement inventory, these specific models are required as part of traffic signal specifications. All other traffic signal radar detection systems are not compatible with the current traffic signal software package. Chapter 252.022 of the Texas Local Government Code exempts from the competitive bid process, those supplies and resources protected by copyright or patent and available from only one source. Twincrest Technologies is the exclusive distributor in Texas for these items and therefore, this is a sole source acquisition (Exhibit 2). These items will be purchased through Texas Smart Buy Cooperative Purchasing Program Contract 550-A2. RECOMMENDATION Award the expenditure of funds for the purchase of traffic signal radar vehicle/pedestrian detection systems in the unit prices shown on Exhibit 3, to Twincrest Technologies in the annual estimated amount of $400,000 for a three (3) year not to exceed amount of $1,200,000. Agenda Information Sheet June 4, 2013 Page 2 PRINCIPAL PLACE OF BUSINESS Twincrest Technologies Mansfield, Texas ESTIMATED SCHEDULE OF PROJECT These items can be delivered and installed within 30-45 days of receipt of an order. FISCAL INFORMATION These items will be funded on an as needed basis through job cost project accounts. EXHIBITS Exhibit 1: List of Signalized Intersections Exhibit 2: Sole Source Letter Exhibit 3: Pricing from Twincrest Technologies Respectfully submitted: Chuck Springer, 349-8260 Director of Finance 1-AIS-File 5265 Exhibit 1 L·;©;-·z t©;-·;7 E© ©EEz- {zm L··zw;¦-; Brinker at Colorado Brinker at Spencer Carroll at Crescent Carroll at Parkway Carroll at Mulberry Country Club 1830 at Hickory Creek Country Club 1830 at Ryan Country Club at Hobson Dallas at Allegra Vista Mayhill at Colorado Mayhill at Spencer Mayhill at Morse State School at Unicorn Lake State School at FM 2499 Teasley at Wheeler Ridge Teasley at Montecito University at Masch Branch University at I-35 University at Bonnie Brae University at Malone University at Fulton University at Alice University at Carroll University at Elm Exhibit 2 Wavetronix Authorized Representative Certification May 14, 2013 To Whom It May Concern, Wavetronix would like to confirm that Twincrest Technologies is contracted with Wavetronix as the sole and exclusive dealer of the SmartSensor Digital Wave Traffic Radar, SmartSensor High Definition (HD) traffic radar, SmartSensor Matrix traffic radar, and all Wavetronix products for the State of Texas and the agencies and political subdivisions of the State of Texas, including institutions of higher education. Wavetronix products will not be directly available from any other company in the State of Texas. Twincrest Technologies has completed factory authorized training and qualified technical support and continues to participate in re-certification at the Wavetronix offices in Provo, Utah, U.S.A. and regular bi- annual continuing education and training by Wavetronix personnel. Wavetronix equipment deployed in the State of Texas is compatible with the Texas DOT traffic detection architecture. To our knowledge, there are currently no products available for substitute to the Wavetronix SmartSensor that will communicate using the Wavetronix SmartSensor protocols. As the protocol is the language that the DOT will use to receive the collected traffic data, this is an integral component to the integration and operation of the traffic sensor network. Any question regarding the contractual relationship between Twincrest Technologies and Wavetronix can be forwarded directly to me at the address listed below. Thank you for your attention with this matter. Sincerely, Wavetronix LLC Michael A. Rose Contact Information: Wavetronix LLC 78 E 1700 S Provo, UT 84606 U.S.A. (801) 734-7200 Exhibit 3 Exhibit 3 ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR, AUTHORIZING, AND APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF TRAFFIC SIGNAL RADAR VEHICLE/PEDESTRIAN DETECTION SYSTEMS, FOR THE CITY OF DENTON TRAFFIC DEPARTMENT, WHICH IS AVAILABLE FROM ONLY ONE SOURCE AND IN ACCORDANCE WITH CHAPTER 252.022 OF THE TEXAS LOCAL GOVERNMENT CODE SUCH PURCHASES ARE EXEMPT FROM THE REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (FILE 5265 AWARDED TO TWINCREST TECHNOLOGIES IN THE ANNUAL ESTIMATED AMOUNT OF $400,000 FOR A THREE (3) YEAR NOT TO EXCEED AMOUNT OF $1,200,000). WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including; items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; and need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following purchase of materials, equipment or supplies, as rchasing Agent, and the license terms attached are hereby approved: FILE NUMBER VENDOR AMOUNT 5265 Twincrest Technologies $1,200,000 SECTION 2. The City Council hereby finds that this bid, and the award thereof, constitutes a procurement of items that are available from only one source, including, items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; and need not be submitted to competitive bids. SECTION 3. The acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION 4. The City Manager is hereby authorized to execute any contracts relating to the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby authorized. SECTION 5. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under the File 5265 to the City Manager of the City of Denton, Texas, or his designee. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _________ day of ____________, 2013. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ______________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ 5-ORD-File 5265 ConsentAgendaE AGENDA INFORMATION SHEET AGENDA DATE: June 4, 2013 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Curt Arndt 349-8462 ACM: Bryan Langley ______________________________________________________________________________ SUBJECT Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of traffic signal head light-emitting-diodode (LED) indications and pedestrian LED indications, for the City of Denton Traffic Department, which is available from only one source and in accordance with Chapter 252.022 of the Texas Local Government Code such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 5266 awarded to Dynamic Vision in the annual estimated amount of $125,000 for a three (3) year not to exceed amount of $375,000). FILE INFORMATION This item is for the purchase of the following traffic signal hardware items for the signalized traffic intersections listed in Exhibit 1: Duralight Traffic Signal LED Indications Duralight Traffic Signal Pedestrian LED Indications In order to maintain product uniformity and to limit the replacement inventory, these specific models are required as part of traffic signal specifications. Chapter 252.022 of the Texas Local Government Code exempts from the competitive bid process, those supplies and resources protected by copyright or patent and available from only one source. Dynamic Vision is the exclusive distributor in Texas for these items and therefore, this is a sole source acquisition (Exhibit 2). RECOMMENDATION Award the expenditure of funds for the purchase of traffic signal LED indications in the unit pricingshown on Exhibit 3, to Dynamic Vision in the annual estimated amount of $125,000 for a for a three (3) year not to exceed amount of $375,000. This estimate is based on the list of intersections that are scheduled to be replaced or installed (Exhibit 1), but the actual cost per intersection will be determined at the time that the work is performed. Agenda Information Sheet June 4, 2013 Page 2 PRINCIPAL PLACE OF BUSINESS Dynamic Vision Grand Prairie, Texas ESTIMATED SCHEDULE OF PROJECT These items can be delivered and installed within 30-45 days of receipt of an order. FISCAL INFORMATION These items will be funded on an as needed basis through job cost project accounts. EXHIBITS Exhibit 1: List of Signalized Intersections Exhibit 2: Sole Source Letter Exhibit 3: Quote from Dynamic Vision Respectfully submitted: Chuck Springer, 349-8260 Director of Finance 1-AIS-File 5266 Exhibit 1 L·;©;-·z t©;-·;7 E© ©EEz- {zm L··zw;¦-; Brinker at Colorado Brinker at Spencer Carroll at Crescent Carroll at Parkway Carroll at Mulberry Country Club 1830 at Hickory Creek Country Club 1830 at Ryan Country Club at Hobson Dallas at Allegra Vista Mayhill at Colorado Mayhill at Spencer Mayhill at Morse State School at Unicorn Lake State School at FM 2499 Teasley at Wheeler Ridge Teasley at Montecito University at Masch Branch University at I-35 University at Bonnie Brae University at Malone University at Fulton University at Alice University at Carroll University at Elm Exhibit 2 TRASTAR, INC. 860 N. DOROTHY DR., STE. 600 RICHARDSON, TX 75081 TEL: (972) 4808884 May 28, 2013 Scott Wilson Traffic Operations Division City of Denton 801 Texas St. Denton, TX 76209 Dear Scott: This letter is to serve as notification that TraStar, Inc., the Signal Lamps, has authorized Dynamic Vision Company as the sole distributor of Duralight® Traffic Signal Lamps in North Texas. If you have any questions, please give us a call at #972-480-0888. Sincerely, Shelly Richter Inside Sales Manager www.trastarusa.com Exhibit 3 DATE:August 9, 2012 Quotation #: 2100 N. Hwy. 360 #1600 Q20288 Grand Prairie, TX 75050 To: City of Denton Quotation valid until: Prepared by: Veronica Lopez Attn: Scott Wilson Comments or special instructions: will not 1. This bid is for all line items as a matched system and sell them individually. 2. Unless stated under the Line Item Description, Dynamic is b material only. - 96 JXC300-HFTR 12'' RED LED $41.04$3,939.84 1 HI FLUX 98 JXC300-HFTY02 12'' YELLOW LED-) $56.16$5,503.68 2 HI FLUX (HIGH TEMPERATURE 96 JXC300-HFTG 12'' GREEN LED - HI FLUX$56.16$5,391.36 3 46 JXJ 300-07R03 RED ARROW - - $38.88$1,788.48 4 RIGHT INCANDESCENT LOOKING, OMNI DIRECTIONAL 46 JXJ 300-07R03 RED ARROW - $38.88$1,788.48 5 LEFT - INCANDESCENT LOOKING, OMNI DIRECTIONAL 46 JXJ300-07Y03 YELLOW ARROW - $39.96$1,838.16 6 RIGHT - INCANDESCENT LOOKING, OMNI DIRECTIONAL 46 JXJ300-07Y03 YELLOW ARROW -- $39.96$1,838.16 7 LEFT INCANDESCENT LOOKING, OMNI DIRECTIONAL 46 JXJ300-07G03 GREEN ARROW - $51.84$2,384.64 8 RIGHT - INCANDESCENT LOOKING, OMNI DIRECTIONAL 46 JXJ300-07G03 GREEN ARROW - $51.84$2,384.64 9 LEFT - INCANDESCENT LOOKING, OMNI DIRECTIONAL 80 JXM-400VIEIL COUNTDOWN PEDESTRIAN LED - $164.16$13,132.80 10 INCANDESCENT LOOKING TOTAL$39,990.24 THANK YOU FOR YOUR BUSINESS! Dynamic Vision Co. Inc. PO Box 535397 Denton, TX 75053 Ph: 940-735-3035 Fx: 940-484-0170 vlopez@dynvision.net ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR, AUTHORIZING, AND APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF TRAFFIC SIGNAL HEAD LIGHT-EMITTING-DIODODE (LED) INDICATIONS AND PEDESTRIAN LED INDICATIONS, FOR THE CITY OF DENTON TRAFFIC DEPARTMENT, WHICH IS AVAILABLE FROM ONLY ONE SOURCE AND IN ACCORDANCE WITH CHAPTER 252.022 OF THE TEXAS LOCAL GOVERNMENT CODE SUCH PURCHASES ARE EXEMPT FROM THE REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (FILE 5266 AWARDED TO DYNAMIC VISION IN THE ANNUAL ESTIMATED AMOUNT OF $125,000 FOR A THREE (3) YEAR NOT TO EXCEED AMOUNT OF $375,000). WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including; items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; and need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following purchase of materials, equipment or supplies, as described le in the office of the Purchasing Agent, and the license terms attached are hereby approved: FILE NUMBER VENDOR AMOUNT 5266 Dynamic Vision $375,000 SECTION 2. The City Council hereby finds that this bid, and the award thereof, constitutes a procurement of items that are available from only one source, including, items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; and need not be submitted to competitive bids. SECTION 3. The acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION 4. The City Manager is hereby authorized to execute any contracts relating to the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby authorized. SECTION 5. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under the File 5266 to the City Manager of the City of Denton, Texas, or his designee. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _________ day of ____________, 2013. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ______________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ 5-ORD-File 5266 FILE 5266 CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND DYNAMIC VISION CO. (FILE 5266) THIS CONTRACT is made and entered into this day of A.D., 2013, by and between Dynamic Vision Co. a corporation, whose address is 2100 N. Hwy, 360 #1600, CITY OF DENTON, Grand Prairie, TX 75050, hereinafter referred to as "Supplier," and the TEXAS , a home rule municipal corporation, hereinafter referred to as "City," to be effective upon approval of the Denton City Council and subsequent execution of this Contract by the Denton City Manager or his duly authorized designee. For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties agree as follows: SCOPE OF SERVICES Supplier shall pFILE # 5266, a copy of which is on file at the office of Purchasing Agent and incorporated herein for all purposes. The Contract consists of this written agreement and the following items which are attached hereto, or on file, and incorporated herein by reference: on file at the office of the Purchasing Agent (a)City 5266 () A (b)Standard Terms and Conditions (c)Special Terms and Conditions (Exhibit "C") (d)Form CIQ Conflict of Interest Questionnaire . (Exhibit "D") (e); These documents make up the Contract documents and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence first to the written agreement then to the contract documents in the order in which they are listed above. These documents shall be referred to collectively a 1 FILE 5266 Exhibit A City of Denton Standard Purchase Terms and Conditions These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings and other issued by the City of Denton hereinafter referred to as the City or Buyer and the Seller herein after Procurement Department and the Supplier. No Terms and Conditions contained in the S Proposal response, Invoice or Statement shall serve to modify the terms set forth herein. If there is a conflict between the provisions on the face of the Contract/Purchase Order these written provisions will take precedence. By submitting an Offer in response to the Solicitation, the Supplier agrees that the contract shall be governed by the following terms and conditions, unless exceptions are duly noted and fully negotiated. Unless otherwise specified in the contract, Sections 3, 4, 5, 6, 7, 8, 20, 21, and 36 shall apply only to a Solicitation to purchase Goods, and Sections 9, 10, 11 and 22 shall apply only to a Solicitation to -of-way. SUPPLIER 1. . The Supplier shall fully and timely provide all deliverables described in the Solicitation and in the Supplier and all applicable Federal, State, and local laws, rules, and regulations. EFFECTIVE DATE/TERM 2. . Unless otherwise specified in the Solicitation, this Contract shall be effective as of the date the contract is signed by the City, and shall continue in effect until all obligations are performed in accordance with the Contract. SUPPLIER TO PACKAGE DELIVERABLES 3. : The Supplier will package deliverables in accordance with good commercial practice and shall include a packing list showing the description of each item, the quantity and unit price unless otherwise provided in the Specifications or Supplemental Terms and Conditions, each shipping container shall be clearly and permanently marked as follows: (a) The Supplier name, address and purchase order or purchase release number and the price agreement number if applicable, (c) Container number and total number of containers, e.g. box 1 of 4 boxes, and (d) the number of the container bearing the packing list. The Supplier shall bear cost of packaging. Deliverables shall be suitably packed to secure lowest transportation costs and to conform to all the requirements of common carriers and any applicable specification. The City's count or weight shall be final and conclusive on shipments not accompanied by packing lists. SHIPMENT UNDER RESERVATION PROHIBITED 4. : The Supplier is not authorized to ship the deliverables under reservation and no tender of a bill of lading will operate as a tender of deliverables. TITLE & RISK OF LOSS 5. : Title to and risk of loss of the deliverables shall pass to the City only when the City actually receives and accepts the deliverables. DELIVERY TERMS AND TRANSPORTATION CHARGES 6. : Deliverables shall be shipped F.O.B. point of delivery unless otherwise specified in the Supplemental Terms and Conditions. Unless otherwise stated in the Offer, the Supplier to designate what method of transportation shall be used to ship the deliverables. The place of delivery shall be that set forth the purchase order. RIGHT OF INSPECTION AND REJECTION 7. : The City expressly reserves all rights under law, including, but not limited to the Uniform Commercial Code, to inspect the deliverables at delivery before accepting them, and to reject defective or non-conforming deliverables. If the City has the right to inspect the SupplierSupplier SupplierSupplier Supplier shall furnish, or cause to be furnished, without additional charge, all reasonable facilities and assistance to the City to facilitate such inspection. 3 FILE 5266 NO REPLACEMENT OF DEFECTIVE TENDER 8. : Every tender or delivery of deliverables must fully comply with all provisions of the Contract as to time of delivery, quality, and quantity. Any non-complying tender shall constitute a breach and the Supplier shall not have the right to substitute a conforming tender; provided, where the time for performance has not yet expired, the Supplier may notify the City of the intention to cure and may then make a conforming tender within the time allotted in the contract. PLACE AND CONDITION OF WORK 9. : The City shall provide the Supplier access to the sites where the Supplier is to perform the services as required in order for the Supplier to perform the services in a timely and efficient manner, in accordance with and subject to the applicable security laws, rules, and regulations. The Supplier he location and essential characteristics of the work sites, the quality and quantity of materials, equipment, labor and facilities necessary to perform the services, and any other condition or state of fact which could in any way affect performance of the SupplierSupplier hereby releases and holds the City harmless from and against any liability or claim for damages of any kind or nature if the actual site or service conditions differ from expected conditions. WORKFORCE 10. A. The Supplier shall employ only orderly and competent workers, skilled in the performance of the services which they will perform under the Contract. B. The Supplier, its employees, subcontractors, and subcontractor's employees may not while engaged in participating or responding to a solicitation or while in the course and scope of delivering goods or services under a City of Denton contract or on the City's property . i. use or possess a firearm, including a concealed handgun that is licensed under state law, except as required by the terms of the contract; or ii. use or possess alcoholic or other intoxicating beverages, illegal drugs or controlled substances, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on the job. C. If the City or the City's representative notifies the Supplier that any worker is incompetent, disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the Supplier shall immediately remove such worker from Contract services, and may not employ such worker again on Contract services without the City's prior written consent. Immigration: The Supplier represents and warrants that it shall comply with the requirements of the Immigration Reform and Control Act of 1986 and 1990 regarding employment verification and retention of verification forms for any individuals hired on or after November 6, 1986, who will perform any labor or services under the Contract and 1996. COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL REGULATIONS 11. : The Supplier, and their respective employees, shall comply fully with all applicable federal, state, and local health, safety, and environmental laws, ordinances, rules and regulations in the performance of the services, including but not limited to those promulgated by the City and by the Occupational Safety and Health Administration (OSHA). In case of conflict, the most stringent safety requirement shall govern. The Supplier shall indemnify and hold the City harmless from and against all claims, demands, suits, actions, judgments, fines, penalties and liability of every kind arising from the breach of the Supplier Environmental Protection: The supplier shall be in compliance with all applicable standards, orders, or regulations et seq issued pursuant to the mandates of the Clean Air Act (42 U.S.C. §7401 .) and the Federal Water Pollution et seq Control Act, as amended, (33 U.S.C. §1251 .). INVOICES 12. : A. The Supplier shall submit separate invoices in duplicate on each purchase order or purchase release after each delivery. If partial shipments or deliveries are authorized by the City, a separate invoice must be sent for each shipment or delivery made. 4 FILE 5266 Proper Invoices must include a unique invoice number, the purchase order or delivery order number and B. name of the point of contact for the Department . Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading and the freight waybill, when applicable, shall be attached to the invoice. The Supplier ion with the City. Unless otherwise instructed in writing, the City may rely on the remittance address specified on the Supplier C. Invoices for labor shall include a copy of all time-sheets with trade labor rate and deliverables order number clearly identified. Invoices shall also include a tabulation of work-hours at the appropriate rates and grouped by work order number. Time billed for labor shall be limited to hours actually worked at the work site. D. Unless otherwise expressly authorized in the Contract, the Supplier shall pass through all Subcontract and other authorized expenses at actual cost without markup. E. Federal excise taxes, State taxes, or City sales taxes must not be included in the invoiced amount. The City will furnish a tax exemption certificate upon request. PAYMENT 13. : A. All proper invoices need to be sent to Accounts Payable. Approved invoices will be paid within thirty (30) ounts Payable, whichever is later. If payment is not timely made, (per paragraph A); interest shall accrue on the unpaid balance at the lesser B. of the rate specified in Texas Government Code Section 2251.025 or the maximum lawful rate; except, if payment is not timely made for a reason for which the City may withhold payment hereunder, interest shall not accrue until ten (10) calendar days after the grounds for withholding payment have been resolved. C. If partial shipments or deliveries are authorized by the City, the Supplier will be paid for the partial shipment or delivery, as stated above, provided that the invoice matches the shipment or delivery. D. The City may withhold or set off the entire payment or part of any payment otherwise due the Supplier to such extent as may be necessary on account of: i. delivery of defective or non-conforming deliverables by the Supplier; ii. third party claims, which are not covered by the insurance which the Supplier is required to provide, are filed or reasonable evidence indicating probable filing of such claims; iii. failure of the Supplier to pay Subcontractors, or for labor, materials or equipment; suppliers, which is not covered by insurance required to be provided by the Supplier; v. reasonable evidence that the Supplier specified in the Contract, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; vi. failure of the Supplier to submit proper invoices with purchase order number, with all required attachments and supporting documentation; or vii. failure of the Supplier to comply with any material provision of the Contract Documents. E. Notice is hereby given that any awarded firm who is in arrears to the City of Denton for delinquent taxes, the City may offset indebtedness owed the City through payment withholding. F. Payment will be made by check unless the parties mutually agree to payment by credit card or electronic transfer of funds. The Supplier agrees that there shall be no additional charges, surcharges, or penalties to the City for payments made by credit card or electronic funds transfer. obligations are payable only and solely from funds Appropriated and available for this contract. The absence of Appropriated or other lawfully available funds shall render the Contract null and void to the extent funds are not Appropriated or available and any deliverables delivered but unpaid shall be returned to the Supplier. The City shall provide the Supplier written notice of the failure of the City to make an adequate Appropriation for any fiscal year to pay the amounts due under the Contract, or the reduction of any Appropriation to an amount insufficient to permit the City to pay its obligations under the Contract. In the event of none or inadequate appropriation of funds, there will be no penalty nor removal fees charged to the City. TRAVEL EXPENSES 14. : All travel, lodging and per diem expenses in connection with the Contract shall be paid by the Supplier,unless otherwise stated in the contract terms. 5 FILE 5266 FINAL PAYMENT AND CLOSE-OUT 15. : A. If a DBE/MBE/WBE Program Plan is agreed to and the Supplier has identified Subcontractors, the Supplier is required to submit a Contract Close-Out MBE/WBE Compliance Report to the Purchasing Manager no later than the 15th calendar day after completion of all work under the contract. Final payment, retainage, or both may be withheld if the Supplier is not in compliance with the requirements as accepted by the City. B. The making and acceptance of final payment will constitute: i. a waiver of all claims by the City against the Supplier, except claims (1) which have been previously asserted in writing and not yet settled, (2) arising from defective work appearing after final inspection, (3) arising from failure of the Supplier to comply with the Contract or the terms of any warranty specified herein, (4) arising from the Supplierhe Contract, including but not limited to indemnity and warranty Supplier against the City other than those previously asserted in writing and not yet settled. SPECIAL TOOLS & TEST EQUIPMENT 16. : If the price stated on the Offer includes the cost of any special tooling or special test equipment fabricated or required by the Supplier for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the City and shall be identified by the Supplier as such. RIGHT TO AUDIT 17. : A. The City shall have the right to audit and make copies of the books, records and computations pertaining to the Contract. The Supplier shall retain such books, records, documents and other evidence pertaining to the Contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within ten (10) business days of written request. Further, the Supplier shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to the Contract, and to allow the City similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the City unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the Supplier which must be payable within five (5) business days of receipt of an invoice. B. Failure to comply with the provisions of this section shall be a material breach of the Contract and shall such drafts or electronic files are subsequently used to generate or prepare a final printed document. SUBCONTRACTORS 18. : A. If the Supplier identified Subcontractors in a DBE/MBE/WBE agreed to Plan, the Supplier shall comply with all requirements approved by the City. The Supplier shall not initially employ any Subcontractor except as provided in the SupplierPlan. The Supplier shall not substitute any Subcontractor identified in the Plan, unless the substitute has been accepted by the City in writing. No acceptance by the City of any Subcontractor shall constitute a waiver of any rights or remedies of the City with respect to defective deliverables provided by a Subcontractor. If a Plan has been approved, the Supplier is additionally required to submit a monthly Subcontract Awards and Expenditures Report to the Procurement Manager, no later than the tenth calendar day of each month. B. Work performed for the Supplier by a Subcontractor shall be pursuant to a written contract between the Supplier and Subcontractor. The terms of the subcontract may not conflict with the terms of the Contract, and shall contain provisions that: i. require that all deliverables to be provided by the Subcontractor be provided in strict accordance with the provisions, specifications and terms of the Contract; ii. prohibit the Subcontractor from further subcontracting any portion of the Contract without the prior written consent of the City and the Supplier. The City may require, as a condition to such further subcontracting, that the Subcontractor post a payment bond in form, substance and amount acceptable to the City; iii. require Subcontractors to submit all invoices and applications for payments, including any claims for additional payments, damages or otherwise, to the Supplier in sufficient time to enable the Supplier to include same with its invoice or application for payment to the City in accordance with the terms of the Contract; iv. require that all Subcontractors obtain and maintain, throughout the term of their contract, insurance in the type and amounts specified for the Supplier, with the City being a named insured as its interest shall appear; and v. require that the Subcontractor indemnify and hold the City harmless to the same extent as the Supplier is required to indemnify the City. 6 FILE 5266 C. The Supplier shall be fully responsible to the City for all acts and omissions of the Subcontractors just as the Supplier is responsible for the Supplier's own acts and omissions. Nothing in the Contract shall create for the benefit of any such Subcontractor any contractual relationship between the City and any such Subcontractor, nor shall it create any obligation on the part of the City to pay or to see to the payment of any moneys due any such Subcontractor except as may otherwise be required by law. D. The Supplier shall pay each Subcontractor its appropriate share of payments made to the Supplier not later than ten (10) calendar days after receipt of payment from the City. WARRANTY-PRICE 19. : A. The Supplier warrants the prices quoted in the Offer are no higher than the Supplier's current prices on orders by others for like deliverables under similar terms of purchase. B. The Supplier certifies that the prices in the Offer have been arrived at independently without consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such fees with any other firm or with any competitor. C. In addition to any other remedy available, the City may deduct from any amounts owed to the Supplier, or otherwise recover, any amounts paid for items in excess of the Supplier's current prices on orders by others for like deliverables under similar terms of purchase. WARRANTY TITLE 20. : The Supplier warrants that it has good and indefeasible title to all deliverables furnished under the Contract, and that the deliverables are free and clear of all liens, claims, security interests and encumbrances. The Supplier shall indemnify and hold the City harmless from and against all adverse title claims to the deliverables. WARRANTY DELIVERABLES 21. : The Supplier warrants and represents that all deliverables sold the City under the Contract shall be free from defects in design, workmanship or manufacture, and conform in all material respects to the specifications, drawings, and descriptions in the Solicitation, to any samples furnished by the Supplier, to the terms, covenants and conditions of the Contract, and to all applicable State, Federal or local laws, rules, and regulations, and industry codes and standards. Unless otherwise stated in the Solicitation, the deliverables shall be new or recycled merchandise, and not used or reconditioned. A. Recycled deliverables shall be clearly identified as such. B. The Supplier may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law; and any attempt to do so shall be without force or effect. C. Unless otherwise specified in the Contract, the warranty period shall be at least one year from the date of acceptance of the deliverables or from the date of acceptance of any replacement deliverables. If during the warranty period, one or more of the above warranties are breached, the Supplier shall promptly upon receipt of demand either repair the non-conforming deliverables, or replace the non-conforming deliverables with fully conforming ll costs incidental to such repair or replacement, including but not limited to, any packaging and shipping costs shall be borne exclusively by the Supplier. The City shall endeavor to give the Supplier written notice of the breach of warranty within thirty (30) rights under this section. D. If the Supplier is unable or unwilling to repair or replace defective or non-conforming deliverables as required by the City, then in addition to any other available remedy, the City may reduce the quantity of deliverables it may be required to purchase under the Contract from the Supplier, and purchase conforming deliverables from other sources. In such event, the Supplier shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such deliverables from another source. E. If the Supplier the Supplier warranty cannot be fully transferred to the City, the Supplier shall assist and cooperate with the City to the fullest WARRANTY SERVICES 22. : The Supplier warrants and represents that all services to be provided the City under the Contract will be fully and timely performed in a good and workmanlike manner in accordance with generally accepted industry standards and practices, the terms, conditions, and covenants of the Contract, and all applicable Federal, State and local laws, rules or regulations. A.The Supplier may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law, and any attempt to do so shall be without force or effect. 7 FILE 5266 B. Unless otherwise specified in the Contract, the warranty period shall be at least one year from the Acceptance Date. If during the warranty period, one or more of the above warranties are breached, the Supplier shall promptly upon receipt of demand perform the services again in accordance with above standard at no additional cost to the City. All costs incidental to such additional performance shall be borne by the Supplier. The City shall endeavor to give the Supplier written notice of the breach of warranty within thirty (30) calendar days of discovery of the breach C. If the Supplier is unable or unwilling to perform its services in accordance with the above standard as required by the City, then in addition to any other available remedy, the City may reduce the amount of services it may be required to purchase under the Contract from the Supplier, and purchase conforming services from other sources. In such event, the Supplier shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such services from another source. ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES 23. : If, instead of requiring immediate correction or removal and replacement of defective or non-conforming deliverables, the City prefers to accept it, the City may do so. The Supplier evaluation of and determination to accept such defective or non-conforming deliverables. If any such acceptance occurs prior to final payment, the City may deduct such amounts as are necessary to compensate the City for the diminished value of the defective or non-conforming deliverables. If the acceptance occurs after final payment, such amount will be refunded to the City by the Supplier. RIGHT TO ASSURANCE 24. : Whenever one party to the Contract in good faith has reason to question the other . In the event that no assurance is given within the time specified after demand is made, the demanding party may treat this failure as an anticipatory repudiation of the Contract. STOP WORK NOTICE 25. : The City may issue an immediate Stop Work Notice in the event the Supplier is observed performing in a manner that is in violation of Federal, State, or local guidelines, or in a manner that is determined by the City to be unsafe to either life or property. Upon notification, the Supplier will cease all work until notified by the City that the violation or unsafe condition has been corrected. The Supplier shall be liable for all costs incurred by the City as a result of the issuance of such Stop Work Notice. DEFAULT 26. : The Supplier shall be in default under the Contract if the Supplier (a) fails to fully, timely and faithfully perform any of its material obligations under the Contract, (b) fails to provide adequate assurance of performance under Paragraph 24, (c) becomes insolvent or seeks relief under the bankruptcy laws of the United States or (d) makes a material misrepresentation in Supplier submitted by the Supplier to the City. TERMINATION FOR CAUSE: 27. In the event of a default by the Supplier, the City shall have the right to terminate the Contract for cause, by written notice effective ten (10) calendar days, unless otherwise specified, after the date of such notice, unless the Supplier, within such ten (10) day period, cures such default, or provides evidence sufficient t other remedy available under law or in equity, the City shall be entitled to recover all actual damages, costs, losses and expenses, incurred by the City as a result of the Supplier -judgment interest at the maximum lawful rate. Additionally, in the event of a default by the Supplier, the City may remove the Supplier for three (3) years and any Offer submitted by the Supplier may be disqualified for up to three (3) years. All rights and remedies under the Contract are cumulative and are not exclusive of any other right or remedy provided by law. TERMINATION WITHOUT CAUSE 28. : The City shall have the right to terminate the Contract, in whole or in f termination, the Supplier shall promptly cease all further work pursuant to the Contract, with such exceptions, if any, specified in the notice of termination. The City shall pay the Supplier, to the extent of funds Appropriated or otherwise legally available for such purposes, for all goods delivered and services performed and obligations incurred prior to the date of termination in accordance with the terms hereof. FRAUD 29. : Fraudulent statements by the Supplier on any Offer or in any report or deliverable required to be submitted by the Supplier to the City shall be grounds for the termination of the Contract for cause by the City and may result in legal action. 8 FILE 5266 DELAYS 30. : A. The City may delay scheduled delivery or other due dates by written notice to the Supplier if the City deems it is in its best interest. If such delay causes an increase in the cost of the work under the Contract, the City and the Supplier shall negotiate an equitable adjustment for costs incurred by the Supplier in the Contract price and execute an amendment to the Contract. The Supplier must assert its right to an adjustment within thirty (30) calendar days from the date of receipt of the notice of delay. Failure to agree on any adjusted price shall be handled under the Dispute Resolution process specified in paragraph 49. However, nothing in this provision shall excuse the Supplier from delaying the delivery as notified. B. Neither party shall be liable for any default or delay in the performance of its obligations under this Contract if, while and to the extent such default or delay is caused by acts of God, fire, riots, civil commotion, labor disruptions, sabotage, sovereign conduct, or any other cause beyond the reasonable control of such Party. In the event of default or delay in contract performance due to any of the foregoing causes, then the time for completion of the services will be extended; provided, however, in such an event, a conference will be held within three (3) business days to establish a mutually agreeable period of time reasonably necessary to overcome the effect of such failure to perform. INDEMNITY 31. : A. Definitions: i. "Indemnified Claims" shall include any and all claims, demands, suits, causes of action, judgments and liability of every character, type or description, including all reasonable costs and expenses of litigation, mediation or other alternate dispute resolution mechanism, including attorney and other professional fees for: (1) damage to or loss of the property of any person (including, but not limited to the City, the Supplier, their respective agents, officers, employees and subcontractors; the officers, agents, and employees of such subcontractors; and third parties); and/or (2) death, bodily injury, illness, disease, worker's compensation, loss of services, or loss of income or wages to any person (including but not limited to the agents, officers and employees of the City, the Supplier, the Supplier include the sale of defective or non-conforming deliverables, negligence, willful misconduct or a breach of any legally imposed strict liability standard. TSUPPLIER(C), ,C, B. HE SHALL DEFEND AT THE OPTION OF THE ITYINDEMNIFYAND HOLD THE ITYITS ,,, SUCCESSORSASSIGNSOFFICERSEMPLOYEES AND ELECTED OFFICIALS HARMLESS FROM AND AGAINST ALL ICD,,F NDEMNIFIED LAIMS IRECTLY ARISING OUT OFINCIDENT TOCONCERNING OR RESULTING FROM THE AULT SUPPLIER,SUPPLIER',, OF THE OR THE S AGENTSEMPLOYEES OR SUBCONTRACTORSIN THE PERFORMANCE SUPPLIERC. N OF THE S OBLIGATIONS UNDER THE ONTRACTOTHING HEREIN SHALL BE DEEMED TO LIMIT THE CSUPPLIER(,, RIGHTS OF THE ITY OR THE INCLUDINGBUT NOT LIMITED TOTHE RIGHT TO SEEK ). CONTRIBUTIONAGAINST ANY THIRD PARTY WHO MAY BE LIABLE FOR AN INDEMNIFIED CLAIM INSURANCE 32. : The following insurance requirements are applicable, in addition to the specific insurance requirements detailed in the solicitation document. The successful firm shall procure and maintain insurance of the types and in the minimum amounts acceptable to the City of Denton. The insurance shall be written by a company licensed to do business in the State of Texas and satisfactory to the City of Denton. A. General Requirements. i. The Supplier shall at a minimum carry insurance in the types and amounts indicated and agreed to, as submitted to the City and approved by the City within the procurement process, for the duration of the Contract, including extension options and hold over periods, and during any warranty period. ii. The Supplier the City as verification of coverage prior to contract execution and within fourteen (14) calendar days after written request from the City. Failure to provide the required Certificate of Insurance may subject the Offer to disqualification from consideration for award. The Supplier must also forward a Certificate of Insurance to the City whenever a previously identified policy period has expired, or an extension option or hold over period is exercised, as verification of continuing coverage. iii. The Supplier shall not commence work until the required insurance is obtained and until such insurance has been reviewed by the City. Approval of insurance by the City shall not relieve or decrease the liability of the Supplier hereunder and shall not be construed to be a limitation of liability on the part of the Supplier. iv. The Supplier must submit certificates of insurance to the City for all subcontractors prior to the subcontractors commencing work on the project. v. The Supplier business in the State of Texas at the time the policies are issued and shall be written by companies with A- VII or better A.M. Best ratings of 9 FILE 5266 vi. All endorsements naming the City as additional insured, waivers, and notices of cancellation endorsements as well as the Certificate of Insurance shall contain the solicitation number and the following information: City of Denton Materials Management Department 901B Texas Street Denton, Texas 76209 on any policy. It is intended that policies required in the Contract, covering both the City and the Supplier, shall be considered primary coverage as applicable. viii. If insurance policies are not written for amounts agreed to with the City, the Supplier shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability Insurance is provided, it shall follow the form of the primary coverage. ix. The City shall be entitled, upon request, at an agreed upon location, and without expense, to review certified copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of the parties hereto or the underwriter on any such policies. x. The City reserves the right to review the insurance requirements set forth during the effective period of the Contract and to make reasonable adjustments to insurance coverage, limits, and exclusions when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, the claims history of the industry or financial condition of the insurance company as well as the Supplier. xi. The Supplier shall not cause any insurance to be canceled nor permit any insurance to lapse during the term of the Contract or as required in the Contract. xii. The Supplier shall be responsible for premiums, deductibles and self-insured retentions, if any, stated in policies. All deductibles or self-insured retentions shall be disclosed on the Certificate of Insurance. xiii. The Supplier ed in within the solicitation and requirements are required minimums and are not intended to limit the responsibility or liability of the Supplier. B. Specific Coverage Requirements: Specific insurance requirements are contained in the solicitation instrument. CLAIMS 33. : If any claim, demand, suit, or other action is asserted against the Supplier which arises under or concerns the Contract, or which could have a material adverse affect on the Supplier the Supplier shall give written notice thereof to the City within ten (10) calendar days after receipt of notice by the Supplier. Such notice to the City shall state the date of notification of any such claim, demand, suit, or other action; the names and addresses of the claimant(s); the basis thereof; and the name of each person against whom such claim is being asserted. Such notice shall be delivered personally or by mail and shall be sent to the City and to the Denton City Attorney. Personal delivery to the City Attorney shall be to City Hall, 215 East McKinney Street, Denton, Texas 76201. NOTICES 34. : Unless otherwise specified, all notices, requests, or other communications required or appropriate to be given under the Contract shall be in writing and shall be deemed delivered three (3) business days after postmarked if sent by U.S. Postal Service Certified or Registered Mail, Return Receipt Requested. Notices delivered by other means shall be deemed delivered upon receipt by the addressee. Routine communications may be made by first class mail, telefax, or other commercially accepted means. Notices to the Supplier shall be sent to the address specified in the Supplier City shall be addressed to the City at 901B Texas Street, Denton, Texas 76209 and marked to the attention of the Purchasing Manager. RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL 35. : All material submitted by the Supplier to the City shall become property of the City upon receipt. Any portions of such material claimed by the Supplier to be proprietary must be clearly marked as such. Determination of the public nature of the material is subject to the Texas Public Information Act, Chapter 552, and Texas Government Code. 10 FILE 5266 NO WARRANTY BY CITY AGAINST INFRINGEMENTS 36. : The Supplier represents and warrants to the City that: (i) the Supplier shall provide the City good and indefeasible title to the deliverables and (ii) the deliverables supplied by the Supplier in accordance with the specifications in the Contract will not infringe, directly or contributorily, any patent, trademark, copyright, trade secret, or any other intellectual property right of any kind of any third party; that no claims have been made by any person or entity with respect to the ownership or operation of the deliverables and the Supplier does not know of any valid basis for any such claims. The Supplier shall, at its sole expense, defend, indemnify, and hold the City harmless from and against all liability, damages, and costs (including court costs and reasonable fees of attorneys and other professionals) arising out of or resulting from: (i) applicable, license rights, and its use of the deliverables infringes the intellectual property rights of any third party; or (ii) the SupplierSupplier stated in this Contract. In the event of any such claim, the City shall have the right to monitor such claim or at its option engage its own separate counsel to act as co-Supplier s regarding the deliverables shall in no way diminish Supplier no warranty that the production, development, or delivery of such deliverables will not impact such warranties of Supplier. CONFIDENTIALITY 37. : In order to provide the deliverables to the City, Supplier may require access to certain secrets, confidential know-how, confidential business information, and other information which the City or its Supplier acknowledges and agrees that the Confidential Information is the valuable property of the City and/or its licensors and any unauthorized use, disclosure, dissemination, or other release of the Confidential Information will substantially injure the City and/or its licensors. The Supplier (including its employees, subcontractors, agents, or representatives) agrees that it will maintain the Confidential Information in strict confidence and shall not disclose, disseminate, copy, divulge, recreate, or otherwise use the Confidential Information without the prior written consent of the City or in a manner not expressly permitted under this Agreement, unless the Confidential Information is required to be disclosed by law or an order of any court or other governmental authority with proper jurisdiction, provided the Supplier promptly notifies the City before disclosing such information so as to permit the City reasonable time to seek an appropriate protective order. The Supplier agrees to use protective measures no less stringent than the Supplier uses within its own business to protect its own most valuable information, which protective measures shall under all circumstances be at least reasonable measures to ensure the continued confidentiality of the Confidential Information. OWNERSHIP AND USE OF DELIVERABLES 38. : The City shall own all rights, titles, and interests throughout the world in and to the deliverables. A. Patents. As to any patentable subject matter contained in the deliverables, the Supplier agrees to disclose such patentable subject matter to the City. Further, if requested by the City, the Supplier agrees to assign and, if necessary, cause each of its employees to assign the entire right, title, and interest to specific inventions under such patentable subject matter to the City and to execute, acknowledge, and deliver and, if necessary, cause each of its employees to execute, acknowledge, and deliver an assignment of letters patent, in a form to be reasonably approved by the City, to the City upon request by the City. B. Copyrights. As to any deliverables containing copyrightable subject matter, the Supplier agrees that upon their creation, such deliverables shall be considered as work made-for-hire by the Supplier for the City and the City shall own all copyrights in and to such deliverables, provided however, that nothing in this Paragraph 38 shall negate the deliverables. Should by operation of law, such deliverables not be considered works made-for-hire, the Supplier hereby assigns to the City (and agrees to cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver an assignment to the City of) all worldwide right, title, and interest in and to such deliverables. With respect to such work made-for-hire, the Supplier agrees to execute, acknowledge, and deliver and cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver a work- made-for-hire agreement, in a form to be reasonably approved by the City, to the City upon delivery of such deliverables to the City or at such other time as the City may request. C. Additional Assignments. The Supplier further agrees to, and if applicable, cause each of its employees to, execute, acknowledge, and deliver all applications, specifications, oaths, assignments, and all other instruments which the City might reasonably deem necessary in order to apply for and obtain copyright protection, mask work registration, trademark registration and/or protection, letters patent, or any similar rights in any and all countries and in order to assign and convey to the City, its successors, assigns and nominees, the sole and exclusive right, title, and interest in and to the deliverables. The Supplier executed, acknowledged, and delivered) instruments or papers such as those described in this Paragraph 38 a., b., 11 FILE 5266 and c. shall continue after the termination of this Contract with respect to such deliverables. In the event the City should not seek to obtain copyright protection, mask work registration or patent protection for any of the deliverables, but should desire to keep the same secret, the Supplier agrees to treat the same as Confidential Information under the terms of Paragraph 37 above. PUBLICATIONS 39. : All published material and written reports submitted under the Contract must be originally developed material unless otherwise specifically provided in the Contract. When material not originally developed is included in a report in any form, the source shall be identified. ADVERTISING 40. : The Supplier City has entered into the Contract, except to the extent required by law. NO CONTINGENT FEES 41. : The Supplier warrants that no person or selling agency has been employed or retained to solicit or secure the Contract upon any agreement or understanding for commission, percentage, brokerage, or contingent fee, excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Supplier for the purpose of securing business. For breach or violation of this warranty, the City shall have the right, in addition to any other remedy available, to cancel the Contract without liability and to deduct from any amounts owed to the Supplier, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. GRATUITIES 42. : The City may, by written notice to the Supplier, cancel the Contract without liability if it is determined by the City that gratuities were offered or given by the Supplier or any agent or representative of the Supplier to any officer or employee of the City of Denton with a view toward securing the Contract or securing favorable treatment with respect to the awarding or amending or the making of any determinations with respect to the performing of such contract. In the event the Contract is canceled by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by the Supplier in providing such gratuities. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS 43. : No officer, employee, independent consultant, or elected official of the City who is involved in the development, evaluation, or decision-making process of the performance of any solicitation shall have a financial interest, direct or indirect, in the Contract resulting from that solicitation. Any willful violation of this section shall constitute impropriety in office, and any officer or employee guilty thereof shall be subject to disciplinary action up to and including dismissal. Any violation of this provision, with the knowledge, expressed or implied, of the Supplier shall render the Contract voidable by the Attachment B City. The Supplier ). INDEPENDENT SUPPLIER 44. : The Contract shall not be construed as creating an employer/employee relationship, a partnership, or a joint venture. The Suppliersupplier. The Supplier agrees and understands that the Contract does not grant any rights or privileges established for employees of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave of the Supplier or any employee of the Supplier, and it is expressly understood that Supplier shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. ASSIGNMENT-DELEGATION 45. : The Contract shall be binding upon and ensure to the benefit of the City and the Supplier and their respective successors and assigns, provided however, that no right or interest in the Contract shall be assigned and no obligation shall be delegated by the Supplier without the prior written consent of the City. Any attempted assignment or delegation by the Supplier shall be void unless made in conformity with this paragraph. The Contract is not intended to confer rights or benefits on any person, firm or entity not a party hereto; it being the intention of the parties that there are no third party beneficiaries to the Contract. WAIVER 46. : No claim or right arising out of a breach of the Contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. No waiver by either the Supplier or the City of any one or more events of default by the other party shall operate as, or be construed to be, a permanent waiver of any rights or obligations under the Contract, or an express or implied acceptance of any other existing or future default or defaults, whether of a similar or different character. 12 FILE 5266 MODIFICATIONS 47. : The Contract can be modified or amended only by a writing signed by both parties. No pre-printed or similar terms on any the Supplier invoice, order or other document shall have any force or effect to change the terms, covenants, and conditions of the Contract. INTERPRETATION 48. : The Contract is intended by the parties as a final, complete and exclusive statement of the terms of their agreement. No course of prior dealing between the parties or course of performance or usage of the trade shall be relevant to supplement or explain any term used in the Contract. Although the Contract may have been substantially drafted by one party, it is the intent of the parties that all provisions be construed in a manner to be fair to both parties, reading no provisions more strictly against one party or the other. Whenever a term defined by the Uniform Commercial Code, as enacted by the State of Texas, is used in the Contract, the UCC definition shall control, unless otherwise defined in the Contract. DISPUTE RESOLUTION 49. : A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to negotiate prior to prosecuting a suit for damages. However, this section does not prohibit the filing of a lawsuit to toll the running of a statute of limitations or to seek injunctive relief. Either party may make a written request for a meeting between representatives of each party within fourteen (14) calendar days after receipt of the request or such later period as agreed by the parties. Each party shall include, at a minimum, one (1) senior level individual with decision-making authority regarding the dispute. The purpose of this and any subsequent meeting is to attempt in good faith to negotiate a resolution of the dispute. If, within thirty (30) calendar days after such meeting, the parties have not succeeded in negotiating a resolution of the dispute, they will proceed directly to mediation as described below. Negotiation may be waived by a written agreement signed by both parties, in which event the parties may proceed directly to mediation as described below. B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the negotiation process, the parties may select, within thirty (30) calendar days, a mediator trained in mediation skills to assist with resolution of the dispute. Should they choose this option; the City and the Supplier agree to act in good faith in the selection of the mediator and to give consideration to qualified individuals nominated to act as mediator. Nothing in the Contract prevents the parties from relying on the skills of a person who is trained in the subject matter of the dispute or a contract interpretation expert. If the parties fail to agree on a mediator within thirty (30) calendar days of initiation of the mediation process, the mediator shall be selected by the Denton County Alternative Dispute Resolution Program (DCAP). The parties agree to participate in mediation in good faith for up to thirty (30) calendar days from the date of the first mediation session. The City and the Supplier will share the me parties will bear their own costs of participation such as fees for any consultants or attorneys they may utilize to represent them or otherwise assist them in the mediation. JURISDICTION AND VENUE 50. : The Contract is made under and shall be governed by the laws of the State of Texas, including, when applicable, the Uniform Commercial Code as adopted in Texas, V.T.C.A., Bus. & Comm. Code, Chapter 1, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. All issues arising from this Contract shall be resolved in the courts of Denton County, Texas and the parties agree to submit to the exclusive personal jurisdiction of such courts. The foregoing, however, shall not be construed or interpreted to limit or restrict the right or ability of the City to seek and secure injunctive relief from any competent authority as contemplated herein. INVALIDITY 51. : The invalidity, illegality, or unenforceability of any provision of the Contract shall in no way affect the validity or enforceability of any other portion or provision of the Contract. Any void provision shall be deemed severed from the Contract and the balance of the Contract shall be construed and enforced as if the Contract did not contain the particular portion or provision held to be void. The parties further agree to reform the Contract to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Contract from being void should a provision which is the essence of the Contract be determined to be void. 13 FILE 5266 HOLIDAYS: 52. The following holidays are observed by the City erved) MLK Day Memorial Day 4th of July Labor Day Thanksgiving Day Day After Thanksgiving Christmas Eve (observed) Christmas Day (observed) If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday falls on Sunday, it will be observed on the following Monday. Normal hours of operation shall be between 8:00 am and 4:00 pm, Monday through Friday, excluding City of Denton Holidays. Any scheduled deliveries or work performance not must be approved within the normal hours of operation by the City Manager of Denton, Texas or his authorized designee. SURVIVABILITY OF OBLIGATIONS: 53. All provisions of the Contract that impose continuing obligations on the parties, including but not limited to the warranty, indemnity, and confidentiality obligations of the parties, shall survive the expiration or termination of the Contract. NON-SUSPENSION OR DEBARMENT CERTIFICATION: 54. The City of Denton is prohibited from contracting with or making prime or sub-awards to parties that are suspended or debarred or whose principals are suspended or debarred from Federal, State, or City of Denton Contracts. By accepting a Contract with the City, the Vendor certifies that its firm and its principals are not currently suspended or debarred from doing business with the Federal Government, as indicated by the General Services Administration List of Parties Excluded from Federal Procurement and Non-Procurement Programs, the State of Texas, or the City of Denton. EQUAL OPPORTUNITY 55. Equal Employment Opportunity: A. employment practice. No person shall, on the grounds of race, sex, age, disability, creed, color, genetic testing, or national origin, be refused the benefits of, or be otherwise subjected to discrimination under any activities resulting from this RFQ. Americans with Disabilities Act (ADA) Compliance: B. engage in any discriminatory employment practice against individuals with disabilities as defined in the ADA. BUY AMERICAN ACT-SUPPLIES (Applicable to certain federally funded requirements) 56. The following federally funded requirements are applicable, in addition to the specific federally funded requirements. A. Definitions. As used in this paragraph i. "Component" means an article, material, or supply incorporated directly into an end product. ii. "Cost of components" means - (1) For components purchased by the Supplier, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or (2) For components manufactured by the Supplier, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product. iii. "Domestic end product" means- (1)An unmanufactured end product mined or produced in the United States; or 14 FILE 5266 (2) An end product manufactured in the United States, if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic. Scrap generated, collected, and prepared for processing in the United States is considered domestic. iv. "End product" means those articles, materials, and supplies to be acquired under the contract for public use. v. "Foreign end product" means an end product other than a domestic end product. vi. "United States" means the 50 States, the District of Columbia, and outlying areas. B. The Buy American Act (41 U.S.C. 10a - 10d) provides a preference for domestic end products for supplies acquired for use in the United States. C. The City does not maintain a list of foreign articles that will be treated as domestic for this Contract; but will consider for approval foreign articles as domestic for this product if the articles are on a list approved by another Governmental Agency. The Offeror shall submit documentation with their Offer demonstrating that the article is on an approved Governmental list. D. The Supplier shall deliver only domestic end products except to the extent that it specified delivery of foreign end products in the provision of the Solicitation entitled "Buy American Act Certificate". RIGHT TO INFORMATION: 57.The City of Denton reserves the right to use any and all information presented in any response to this solicitation, whether amended or not, except as prohibited by law. Selection of rejection of the submittal does not affect this right. LICENSE FEES OR TAXES: 58.Provided the solicitation requires an awarded supplier or supplier to be licensed by the State of Texas, any and all fees and taxes are the responsibility of the supplier. PREVAILING WAGE RATES: 59. All supplier discrimination in the employment practices. http://www.access.gpo.gov/davisbacon/tx.html COMPLIANCE WITH ALL STATE, FEDERAL, AND LOCAL LAWS: 60.The contractor or supplier shall comply with all State, Federal, and Local laws and requirements. The Supplier must comply with all applicable laws at all times, including, without limitation, the following: (i) §36.02 of the Texas Penal Code, which prohibits bribery; (ii) §36.09 of the Texas Penal Code, which prohibits the offering or conferring of benefits to public servants. The Supplier shall give all notices and comply with all laws and regulations applicable to furnishing and performance of the Contract. FEDERAL, STATE, AND LOCAL REQUIREMENTS: 61.Supplier shall demonstrate on-site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act of of 1978, dealing with issuance of Form W-2's to common law employees. Supplier is responsible for both federal and State unemployment insurance coverage and standard Worker's Compensation insurance coverage. Supplier shall ensure compliance with all federal and State tax laws and withholding requirements. The City of Denton shall not be liable to Supplier or its employees for any Unemployment or Workers' Compensation coverage, or federal or State withholding requirements. Supplier shall indemnify the City of Denton and shall pay all costs, penalties, or losses resulting from Supplier's omission or breach of this Section. DRUG FREE WORKPLACE: 62.The supplier shall comply with the applicable provisions of the Drug-Free Work Place Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701 ET SEQ.) and maintain a drug- free work environment; and the final rule, government-wide requirements for drug-free work place (grants), issued by the Office of Management and Budget and the Department of Defense (32 CFR Part 280, Subpart F) to implement the provisions of the Drug-Free Work Place Act of 1988 is incorporated by reference and the supplier shall comply with the relevant provisions thereof, including any amendments to the final rule that may hereafter be issued. SUPPLIER LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: 63.The Supplier shall be liable for all damages to government-owned, leased, or occupied property and equipment caused by the Supplier and its employees, agents, subcontractors, and suppliers, including any delivery or cartage company, in connection with any performance pursuant to the Contract. The Supplier shall notify the City of Denton Procurement Manager in writing of any such damage within one (1) calendar day. 15 FILE 5266 FORCE MAJEURE: 64.The City of Denton, any Customer, and the Supplier shall not be responsible for performance under the Contract should it be prevented from performance by an act of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault or negligence of the City of Denton. In the event of an occurrence under this Section, the Supplier will be excused from any further performance or observance of the requirements so affected for as long as such circumstances prevail and the Supplier continues to use commercially reasonable efforts to recommence performance or observance whenever and to whatever extent possible without delay. The Supplier shall immediately notify the City of Denton Procurement Manager by telephone (to be confirmed in writing within five (5) calendar days of the inception of such occurrence) and describe at a reasonable level of detail the circumstances causing the non-performance or delay in performance. NON-WAIVER OF RIGHTS: 65.Failure of a Party to require performance by another Party under the Contract will not affect the right of such Party to require performance in the future. No delay, failure, or waiver of either cancel, waive or otherwise affect such right or remedy. A waiver by a Party of any breach of any term of the Contract will not be construed as a waiver of any continuing or succeeding breach. NO WAIVER OF SOVEREIGN IMMUNITY: 66.The Parties expressly agree that no provision of the Contract is in any way intended to constitute a waiver by the City of Denton of any immunities from suit or from liability that the City of Denton may have by operation of law. RECORDS RETENTION: 67.The Supplier shall retain all financial records, supporting documents, statistical records, and any other records or books relating to the performances called for in the Contract. The Supplier shall retain all such records for a period of four (4) years after the expiration of the Contract, or until the CPA or State Auditor's Office is satisfied that all audit and litigation matters are resolved, whichever period is longer. The Supplier shall grant access to all books, records and documents pertinent to the Contract to the CPA, the State Auditor of Texas, and any federal governmental entity that has authority to review records due to federal funds being spent under the Contract. 16 EXHIBIT D 20 ConsentAgendaF AGENDA INFORMATION SHEET AGENDA DATE: June 4, 2013 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Kevin Gunn at 349-8595 ACM: Bryan Langley SUBJECT Consider adoption of an ordinance awarding a contract for the purchase of security products and related services for the City of Denton Networked Video Surveillance Camera System as awarded by the State of Texas Department of Information Resources (DIR) through the Go DIRect Program, Contract Number DIR-SDD-1722; providing for the expenditure of funds therefor and providing an effective date (File 5233 awarded to STS 360, LLC in a not to exceed amount of $332,756). FILE INFORMATION The City of Denton has operated an extensive video surveillance camera system since 2006. This enables departments to monitor cameras, review archived camera footage, and pull video as needed in order to support departmental video usage guidelines. Overall, the video surveillance camera system in use supports approximately 170 cameras for the Police Department, Municipal Court and Municipal Clerk areas, Airport, Customer Service, Technology Services, Facilities Management, Fleet Services, Solid Waste, Beneficial Reuse, Libraries, Civic Center Pool, Civic Center, and City Hall. New cameras are added to the video surveillance camera system regularly. The replacement of cameras and repairs to existing units are made on an as-needed basis. In order to plan for upcoming construction projects for the next two fiscal years, and also estimate the number of repairs for the same time period, the Technology Services department has compiled a spreadsheet of projected costs. These camera system additions and repair estimates are shown on Exhibit 1. Pricing obtained through the Go DIRect Program, Contract Number DIR-SDD-1722 is discounted at 27.5 approximate cost savings of $91,508. No local vendors were identified that could meet the specifications to match the existing video surveillance equipment. RECOMMENDATION Technology Services recommends the purchase of security products and related services through the State of Texas Department of Information Resources (DIR) through the Go DIRect Program, Contract Number DIR-SDD-1722 to STS 360, LLC in an amount not to exceed $332,756. Agenda Information Sheet June 4, 2013 Page 2 PRINCIPAL PLACE OF BUSINESS STS 360, LLC Plano, Texas ESTIMATED SCHEDULE OF PROJECT This contract, DIR-SDD-1722, will expire on October 13, 2013. The Department of Information Resources has the option to renew for two (2) one year renewal options through October 13, 2015 and is expected to renew this contract. FISCAL INFORMATION charged to the appropriate account number for the specific project. EXHIBITS Exhibit 1: Video Surveillance Camera System Expansion Requests Respectfully submitted: Chuck Springer, 349-8260 Director of Finance 1-AIS-File 5233 ORDINANCE NO. _______ AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF SECURITY PRODUCTS AND RELATED SERVICES FOR THE CITY OF DENTON NETWORKED VIDEO SURVEILLANCE CAMERA SYSTEM AS AWARDED BY THE STATE OF TEXAS DEPARTMENT OF INFORMATION RESOURCES (DIR) THROUGH THE GO DIRECT PROGRAM, CONTRACT NUMBER DIR-SDD-1722; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR AND PROVIDING AN EFFECTIVE DATE (FILE 5233 AWARDED TO STS 360, LLC IN A NOT TO EXCEED AMOUNT OF $332,756). WHEREAS, pursuant to Resolution 92-019, the State of Texas has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies or services can be purchased by the City through the State of Texas Department of Information Services Go Direct Program at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered purchase order for materials, equipment, supplies, or services, shown in the "File Number" listed hereon, and on file in the office of the Purchasing Agent, are hereby approved: FILE NUMER VENDOR AMOUNT 5233 STS 360, LLC $332,756 SECTION 2. By the acceptance and approval of the above numbered items set forth in File 5233, the City accepts the offer of the persons submitting the bids to the State of Texas Department of Information Services Go Direct Program for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the State of Texas Department of Information Services Go Direct Program, and the purchase orders to be issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in File 5233 wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the State of Texas Department of Information Services Go Direct Program, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the State of Texas Department of Information Services Go Direct Program, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of File 5233, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved State of Texas Department of Information Services Go Direct Program bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _______ day of _______________________, 2013. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ 3-ORD-File 5233 ConsentAgendaG AGENDA INFORMATION SHEET AGENDA DATE: June 4, 2013Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Terry Kader at 349-8729 ACM: Bryan Langley SUBJECT Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase of thirteen (13) vehicles for the City of Denton Parks, Building Inspections and Police Departments; providing for the expenditure of funds therefor; and providing an effective date (RFP 5183-awarded to James Wood Auto Park in the amount of $361,478.17). FILE INFORMATION This item is for the purchase of two (2) vehicle replacements and one (1) vehicle addition for the Building Inspections Department, two (2) vehicle replacements for the Police Department, and eight (8) vehicle replacements for the Parks Department. The twelve (12) vehicle replacements were approved in the Fiscal Year 2012-2013 Vehicle Replacement Plan and Annual Operating Budget, and have met the City of Denton Fleet Replacement Criteria. The one fleet addition for the Building Inspections Department was approved in the Fiscal Year 2012-2013 Annual Operating Budget.All of the new truck engines meet or exceed current Environmental Protection Agency emission standards and the gasoline engines are flex-fuel Ethanol-85 compatible. The vehicles that are being replaced will be auctioned at a later date. Requests for proposals were sent to seven (7) prospective suppliers. In addition, specifications were placed on the Material Management website for prospective suppliers to download, and the notice to prospective suppliers was advertised in the local newspaper. Four (4) proposals were received, including one (1) from the local Chevrolet vendor, James Wood Auto Park (Exhibit 1). Proposals were evaluated based upon the published criteria listed below: Price-Total Cost of Ownership 60% Includes total cost of ownership, installation costs, life cycle costs, and warranty Delivery Time Frame25% Preference given to vehicles in stock Compliance With Specifications, Quality, Reliability 15% Characteristics of the product that bear on its ability to meet stated or implied needs Agenda Information Sheet June 4, 2013 Page 2 FILE INFORMATION (CONTINUED) An evaluation committee consisting of City staff reviewed and rank ordered the proposals based on the established criteria. The City has been in the process of standardizing its fleet to Chevrolet trucks in order to create a more efficient maintenance schedule, thereby reducing the training cost for mechanics and increasing the compatibility of replacement parts. Therefore, the committee scored the responses to the evaluation factor relating to compliance with specifications, quality, and reliability, based on this standardization. Staff also considered the delivery time frame evaluation factor as to whether the vehicle was currently in stock at the dealership or not, and appropriately scored the proposal(s) that met the requirements. The proposal submitted by James Wood Auto Park received the highest evaluated score and provides the best value for the City (Exhibit 2). Although James Wood Auto Park did not receive the highest score for overall pricing, this firm is a local supplier and is within 3 percent of the lowest PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The City Council approved the replacement schedule for twelve (12) of these vehicles as part of the Fiscal Year 2012-2013 Budget. RECOMMENDATION Award the purchase of thirteen (13) vehicles to James Wood Auto Park for a total award amount of $361,478.17. PRINCIPAL PLACE OF BUSINESS James Wood Auto Park Denton, TX ESTIMATED SCHEDULE OF PROJECT The purchase and delivery of vehicles and equipment will occur within 30-60 days of purchase order issuance. FISCAL INFORMATION These items will be funded from Fiscal Year 2012-2013 Certificate of Obligation accounts. Exhibit 3 shows the vehicle description, purchase amount, funding account and requisition number that has been entered into the Purchasing software system. Agenda Information Sheet June 4, 2013 Page 3 EXHIBITS Exhibit 1: Pricing Sheet Exhibit 2: Evaluation/Ranking Sheet Exhibit 3: Vehicle Replacement List Respectfully submitted: Chuck Springer, 349-8260 Director of Finance 1-AIS-File 5183 EXHIBIT 2 RFP 5183 - Evaluation Tuesday, April 30, 2013 Overall Average Ranking Score 96.33%1st James Wood 93.00%2nd Caldwell Country Chevrolet 80.33%3rd Reliable Chevrolet 77.33%4th Caldwell Country Ford Team:Terry Kader, Fleet Superintendent Robyn Forsyth, Fleet Services Budget Administrator Keith Gabbard. Streets Supervisor ORDINANCE NO. _________ AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A CONTRACT FOR THE PURCHASE OF THIRTEEN (13) VEHICLES FOR THE CITY OF DENTON PARKS, BUILDING INSPECTIONS AND POLICE DEPARTMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 5183-AWARDED TO JAMES WOOD AUTO PARK IN THE AMOUNT OF $361,478.17). WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for fleet vehicles for various City of Denton departments in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and reviewed and recommended that the herein described proposals are the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The items in the following numbered request for proposal for materials, equipment, supplies or servicefor Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals. RFP NUMBER CONTRACTOR AMOUNT 5183 James Wood Auto Park $361,478.17 SECTION 2. By the acceptance and approval of the above numbered items of the submitted proposals, the City accepts the offer of the persons submitting the proposals for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Proposal Invitations, Proposals, and related documents. SECTION 3. Should the City and person submitting approved and accepted items and of the submitted proposals wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the proposals, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Proposal and related documents herein approved and accepted. SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under the RFP 5183 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. By the acceptance and approval of the above enumerated proposals, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2013. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:____________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ 5-ORD-RFP 5183 ConsentAgendaH AGENDA INFORMATION SHEET AGENDA DATE: June 4, 2013Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Phil Williams at 349-8487 ACM: Bryan Langley SUBJECT Consider adoption of an ordinance of the City of Denton, Texas authorizing the expenditure of funds for payments by the City of Denton for Electrical Energy Transmission Fees to Lone Star Transmission; and providing an effective date (File 5260-Electrical Energy Transmission Fees for Fiscal Year 2012-2013 to Lone Star Transmission in the amount of $158,605.44). The Public Utilities Board recommends approval (6-0). FILE INFORMATION The Public Utility Regulatory Act of 1995 (PURA 95) required the development of a new statewide mechanism for electric transmission service in Texas. PURA 95 also placed municipal utilities under the jurisdiction of the Public utilities Commission of Texas (PUCT) for matters related to transmission. As a result, the Denton Municipal Electric Utility has been ordered by the PUCT to pay various other electric utilities in the state specific fee amounts. Blanket orders issued by the City provide the authority required by the City Charter to make those payments. These blanket orders will encumber funds estimated as costs for services through September 30, 2013. No funds will actually be expended until invoices are received, reviewed, and approved. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On May 20, 2013, the Public Utilities Board recommended approval to forward this item to the City Council for consideration. RECOMMENDATION Approve the payment of Electrical Energy Transmission Fees to Lone Star Transmission in the amount of $158,605.44. PRINCIPAL PLACE OF BUSINESS Lone Star Transmission Austin, Texas Agenda Information Sheet June 4, 2013 Page 2 ESTIMATED SCHEDULE OF PROJECT These fees are estimated for electric transmission services through September 2013. FISCAL INFORMATION Funds to meet these regulatory fee obligations were budgeted in the Fiscal Year 2012-2013 account 600100.6072.5650A. Requisition# 113086 has been entered in the Purchasing software system. EXHIBITS Exhibit 1: Public Utilities Board Draft Minutes Respectfully submitted: Chuck Springer, 349-8260 Director of Finance 1-AIS-File 5260 Exhibit 1 DRAFT MINUTES 1 PUBLIC UTILITIES BOARD 2 3 May 20, 2013 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is 6 present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on 7 Monday, May 20, 2013 at 9:00 a.m. in the Service Center Training Room, City of Denton 8 Service Center, 901A Texas Street, Denton, Texas. 9 10 Present: Vice Chair Billy Cheek, Secretary Randy Robinson, Phil Gallivan, 11 Leonard Herring. Barbara Russell and Lilia Bynum 12 13 Absent: Chairman Dick Smith 14 15 Ex Officio Members: Howard Martin, ACM Utilities; George Campbell, CM 16 OPEN MEETING: 17 18 CONSENT: 19 20 21 1)Consider recommending adoption of an Ordinance of the City of Denton, Texas authorizing 22 the expenditure of funds for payments by the City of Denton for electrical energy 23 transmission fees to Lone Star Transmission for providing energy transmission services to 24 the City of Denton; and providing an effective date (File# 5260-2013 -- Lone Star 25 Transmission-$158,605.44). 26 Board Member Herring motioned to approve item 1 with a second from Board Member 27 Russell. The vote was 6-0 approved. 28 29 30 Adjournment 11:37 a.m. ORDINANCE NO. __________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR PAYMENTS BY THE CITY OF DENTON FOR ELECTRICAL ENERGY TRANSMISSION FEES TO LONE STAR TRANSMISSION; AND PROVIDING AN EFFECTIVE DATE (FILE 5260-ELECTRICAL ENERGY TRANSMISSION FEES FOR FISCAL YEAR 2012- 13 TO LONE STAR TRANSMISSION IN THE AMOUNT OF $158,605.44). WHEREAS, in order to comply with the legislative requirements contained in the Utility Regulatory Act of 1995, for the payment for energy transmission services fees, the City of Denton is required to pay such fees imposed by the Public Utilities Commission of Texas to Lone Star Transmission as WHEREAS, the City Manager has reviewed and recommended that the City Council approve and authorize the payment of such fees; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The expenditure of funds in the amount of $158,605.44 to be paid to the Lone Star Transmission in the specified amou made a part of this ordinance for all purposes, is hereby authorized. SECTION 2. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under File 5260 to the City Manager of the City of Denton, Texas, or his designee. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ________ day of ____________________, 2013. _______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:__________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ 3-ORD-FILE 5260 Lone Star Transmission $158,605.44 ConsentAgendaI AGENDA INFORMATION SHEET AGENDA DATE: June 4, 2013 DEPARTMENT: Police ACM: Jon Fortune SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute an amendment to the contract between the City of Denton and Redflex Traffic Systems USA for operation of an Automated Traffic Signal Enforcement Program; providing for the expenditure of funds therefor; and providing an effective date. BACKGROUND The City of Denton Automated Traffic Signal Enforcement Program, commonly known as the th Red Light Camera Program, has been in operation since May 8, 2006. The program started with the installation of six (6) cameras that monitored approaches at four (4) different intersections. These intersections were selected based on a combination of red light violations, red light-related at the location. At the time the system was installed, the City was not allowed to place cameras at intersections involving Texas Department of Transportation (TXDOT) roadways. Following State Law changes in September 2007, TXDOT began authorizing the placement of cameras along TXDOT roadways. The program is operated under contract with Redflex Traffic Systems. Redflex was selected through an RFSP process by a diverse committee of City employees representing the Police, Legal, Traffic Engineering, and Purchasing Departments. The contract with Redflex provides for the City of Denton to pay Redflex a flat rate per camera per month that covers the pro-rated installation costs, the maintenance of the system, and the costs for performing back office the City does not have to fund revenue losses in the event the system does not produce sufficient funds to pay the monthly contract costs. Based on the performance of the overall program, the City renewed the contract with Redflex in 2009 for an initial term of five (5) years and two optional five (5) year extensions. In 2010, the program was expanded to two (2) new intersections: Highway 380 at Mayhill and Ft. Worth Drive at I35E. The expansion brought the number of cameras to nine (9) monitoring approaches at a total of six (6) intersections. Program Expansion Legal Requirements Chapter 707 of the Texas Transportation Code establishes the legal requirements to install red light cameras. Under the provisions of this chapter, before a camera can be installed at an Agenda Information Sheet June 4, 2013 Page 2 intersection, the municipality must conduct a traffic engineering study of the approach to determine whether, in addition to or as an alternative to the camera system, a design change to the approach or a change in the signalization of the intersection is likely to reduce the number of red light violations at the intersection. The chapter further provides that the results of this study must be presented to a citizen advisory committee consisting of one person appointed by each member of the governing body of the municipality. Finally, chapter 707 provides that camera monitored intersection approaches must be selected based on traffic volume, history of accidents, the frequency of red light violations, and similar traffic engineering and safety criteria. The Texas Department of Transportation (TXDOT) provides an Engineering Analysis Template specifically for the evaluation of the need for a red light camera at a given intersection approach. This template addresses the information required under Chapter 707. Program Expansion Staff met with Redflex representatives and discussed likely intersections for expansion of the intersections that measured the number of violations in a 12-hour period. Staff also examined these intersections in terms of accident data, engineering/signal timing issues, and the ability of the Police Department to utilize traditional traffic enforcement tactics in a safe and effective manner. TXDOT provides an engineering data form to be used on planned red light camera approach intersections involving TXDOT roadways. The form for each proposed intersection is attached for reference. Based on this analysis, staff determined the need for six (6) additional cameras. One of these would be placed at an intersection where there is already a camera monitoring a different direction of travel. The remaining five (5) cameras would monitor approaches at three (3) new intersections. Location Cross Street Loop 288 I35E n/b Service Road Lillian Miller I35E s/b Service Road University (380) I35 n/b Service Road University (380) I35 s/b Service Road Loop 288 Spencer Ft. Worth Drive I35E n/b Service Road The TXDOT Engineering Analysis Templates for each new camera approach were presented to unanimously to recommend the expansion of the system by adding the six (6) cameras at the four (4) listed intersections. Agenda Information Sheet June 4, 2013 Page 3 Contract Extension with the vendor is effective through July 2014. The contract includes two (2) optional five-year term extensions that can be executed by written letter of intent. In order to cover their return on investment, the vendor has requested that the City execute a letter of intent to exercise the first extension term, making the contract in effect through July 2019. Based on the historical performance of the vendor and the effectiveness of the red light camera program, staff recommends the extension of the contract. Conclusion The Red Light Camera Program has been effective in addressing red light violations and in reducing red light accidents at the monitored intersections. The expansion of this program to additional intersection approaches will further enhance the safety of the motoring public, allow for enforcement without compromising the safety of the public or the police, and at a cost that is significantly less than using a sworn police officer. OPTIONS 1.Council can approve the ordinance authorizing the extension of the contract. 2.Council can reject the ordinance authorizing the extension of the contract. RECOMMENDATION Staff recommends the extension of the contract with the vendor. PRIOR ACTION/REVIEW October 2004 City Council Work Session on red light cameras December 2004 City Council Meeting on red light camera city ordinance October 2005 City Council Work Session on red light camera vendor selection November 2005 City Council Meeting on vendor contract August 2007 City Council Meeting on red light camera ordinance revisions December 2007 Traffic Safety Commission meeting on expansion of red light camera program July 2009 City Council Meeting on red light camera vender contract extension September 2012 City Council Meeting on red light camera scofflaw vendor contract April 2013 Traffic Safety Commission on expansion of red light camera program FISCAL IMPACT The City is under contract with Redflex Traffic Systems to operate the Automated Traffic Signal Enforcement Program. This contract provides that the City pays a flat per month fee for each camera in operation. This monthly fee is calculated to cover the cost of equipment, installation, maintenance, customer service, and all back-office violation processing for each camera in operation. The current monthly cost per camera is at the same rate as it was when the program began in 2006. Any revenue that is generated in excess of the monthly operating costs must be split on a 50- eposited in the Traffic Safety Fund, which is restricted to traffic safety improvements and traffic enforcement equipment. Agenda Information Sheet June 4, 2013 Page 4 EXHIBITS Exhibit 1 April 19, 2012 Informal Staff Report Exhibit 2 Ordinance Respectfully submitted, Lee Howell Chief of Police Prepared by: Scott Fletcher, Captain Date: April 19, 2012 Report No. 2012-040 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Staff is recommending changes to the Citys Red Light Camera Program that will be coming in future agendas. The purpose of this report is to inform Council about the status of the Red Light Camera Program and changes that will be forthcoming. EXECUTIVE SUMMARY Following this report, staff intends to bring forward: 1)A contract between the City of Denton and Redflex Traffic Systems to implement the scofflaw provision as a means to collect unpaid violation fees. 2)A request to expand the Red Light Camera Program with the addition of six (6) cameras. 3)A revision of the existing operating contract with Redflex Traffic Systems to extend the term of the contract through 2019 to cover for related installation expenses for Redflex. BACKGROUND: The City of Denton Automated Traffic Signal Enforcement Program has been in operation since th May 8, 2006. The program started with the installation of six (6) cameras that monitored approaches at four (4) different intersections. These intersections were selected based on a combination of red light violations, red light-related accidents, and the Police Departments ability to safely conduct traditional enforcement activities at the location. At the time the system was installed, the City was not allowed to place cameras at intersections involving Texas Department of Transportation (TXDOT) roadways. Following State Law changes in September 2007, TXDOT began authorizing the placement of cameras along TXDOT roadways. The program is operated under contract with Redflex Traffic Systems. Redflex was selected through an RFSP process by a diverse committee of City employees representing the Police, Legal, Traffic Engineering, and Purchasing Departments. The contract with Redflex provides for the City of Denton to pay Redflex a flat rate per camera per month that covers the pro-rated installation costs, the maintenance of the system, and the costs for performing back office processing of the violations. The contract includes a cost neutrality clause that provides that the City does not have to fund revenue losses in the event the system does not produce sufficient funds to pay the monthly contract costs. Based on the performance of the overall program, the City renewed the contract with Redflex in 2009 for an initial term of five (5) years and two optional five (5) year extensions. In 2010, the program was expanded to two (2) new intersections: Highway 380 at Mayhill and Ft. Worth Drive at I35E. The expansion brought the number of cameras to nine (9) monitoring approaches at a total of six (6) intersections. Effectiveness of the Program The effectiveness of red light cameras can be viewed from two perspectives: the impact on red light (right angle) crashes, and the impact on recorded violations. The stabilization or reduction Date: April 19, 2012 Report No. 2012-040 in both areas would be indicative of a change in driver behavior presumably tied to the presence of the camera. A measurement of the number of rear-end crashes at monitored intersections is also important given the common concern that red light cameras create additional danger to drivers from these types of crashes. An analysis of the crash and violation data for the four (4) original camera intersections indicates that the cameras are effective at reducing red light crashes and reducing recorded violations. Further, there is no indication of any increase in reported rear-end crashes at the approaches. The newest camera approaches have not been in operation long enough to complete a thorough analysis of their effectiveness. Violation Fees The registered owner of a vehicle that is the subject of a violation issued through the camera program is assessed a $75 fee for the violation. The owner has the option to pay the violation or to schedule an appearance with the program hearing officer to contest the violation. A violation that is not paid or appealed within the specified timeframe is subject to a late penalty of $25. After ninety (90) days, unpaid fees are currently sent to a collections agency under contract with Redflex Traffic Systems. While the use of the collections agency has been somewhat successful, its effectiveness is hampered by the State law prohibition on the listing of red light camera debt on a credit report. DISCUSSION: Collection of Fees Scofflaw Provision Section 702.003 of the Texas Transportation Code, commonly referred to as the scofflaw provision, allows the City to contract with the Tax Assessor-Collector to submit flags on registrations. The outstanding fees must be paid before the Tax Assessors office will issue/renew the annual vehicle registration for the car. As of January 2012, the Citys Automated Traffic Enforcement Program had 10,670 outstanding violations totaling $1,009,585.50 in uncollected fees. Of these violations, roughly sixty percent (60%) are from vehicles registered to an address in Denton County, and eighty-one percent (81%) are registered in Texas. It is estimated that the City could collect on approximately 70% - 75% of the violations for vehicles registered in Texas. The vast majority of these collections would be anticipated within the first year, as vehicle registrations come up for annual renewal. Program Expansion Staff met with Redflex representatives and discussed likely intersections for expansion of the program. At staffs request, Redflex placed video monitoring equipment at a number of intersections that measured the number of violations in a 12-hour period. Staff then examined these intersections in terms of accident data, engineering/signal timing issues, and the ability of the Police Department to utilize traditional traffic enforcement in a safe and effective manner. Based on this analysis, staff determined the need for six (6) additional cameras. One of these would be placed at an intersection where there is already a camera monitoring a different direction of travel. The remaining five (5) cameras would monitor approaches at three (3) new intersections. Date: April 19, 2012 Report No. 2012-040 Location Cross Street Direction of Travel SI35E Service Road s/b Loop 288 SI35E Service Road n/b Lillian Miller I35 Service Road e/b University (380) I35 Service Road w/b University (380) Spencer n/b Loop 288 I35E Service Road s/b Ft. Worth Drive Contract Renewal Installation and construction costs for new cameras are covered within the standard per camera/per month flat fee, along with the anticipated back-office costs for processing violations. Redflex operates on a seven (7) year return on investment. Based on this, Redflex has requested that the City restructure the current contract terms. In 2009, the City and Redflex executed a contract extension with a five (5) year term and two additional five (5) year options. Redflex has proposed an extension of this initial five (5) year term with an additional five (5) years. This extension would provide a contractual agreement between the City and Redflex through 2019. Additionally, they propose two additional five (5) year terms that would automatically renew unless either party opts out prior to the start of each term. CONCLUSION: The Red Light Camera Program has been effective in addressing red light violations and in reducing red light accidents at the monitored intersections. The expansion of this program to additional intersection approaches will further enhance the safety of the motoring public, and at a cost that is significantly less than the cost of using a sworn police officer. The request by Redflex to amend the contract terms is reasonable given their return on investment needs and the overall performance of this vendor to date. Finally, the use of the scofflaw provision will improve the collection of outstanding fees and help to serve as a deterrent against future unpaid violations. STAFF CONTACT: Captain Scott Fletcher Operations Bureau Commander (940) 349-7939 scott.fletcher@cityofdenton.com ORDINANCE NO._________________ AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF DENTON AND REDFLEX TRAFFIC SYSTEMS, INC. FOR OPERATIONOF AN AUTOMATED TRAFFIC SIGNAL ENFORCEMENT PROGRAM;PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 15, 2005 by Ordinance No. 2005-345, the City awarded a contract to Redflex Traffic Systems, Inc. for the implementation and operation of an automated trafficsignal enforcement program; WHEREAS, on July 21, 2009 by Ordinance No. 2009-160, the City amended the contract with Redflex Traffic Systems, Inc. to add an additional five year term with two additional optional five year extensions; and WHEREAS, City staff having recommended, and the City Manager having recommended to the Council that an amendment be authorized to amend such contract with respect to an extension to the coverage period, and saidfees under the proposed contract are fair and reasonable and are consistent with andnot higher than the recommended practices and fees published by the professional associations applicable to the provider’s profession and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1.The Amendment extending the terms of the contract between the City and Redflex Traffic Systems, inc. for an additional five years is hereby approved and the expenditure of funds therefor is hereby authorized in accordance with the Amendment.Additionally, this ordinance hereby authorizes the City Manager to execute the amendment to this contract extending the term of this contract for an additional five yearperiod beginning in July of 2014. SECTION2.This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ______ day of _______________, 2013. ______________________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: _________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: __________________________________ ConsentAgendaJ ConsentAgendaK AGENDA INFORMATION SHEET AGENDA DATE: June 4, 2013 DEPARTMENT: Solid Waste ACM: Jon Fortune ______________________________________________________________________________ SUBJECT Consider adoption of an ordinance approving a Lease Agreement to be executed by the City Manager, by and between the City of Denton, Texas and Master Recycling of Texas, Inc., a Corporation, for a certain 3.5 acre tract of land situated in the Gideon Walker Survey, Abstract Number 1330, in the City of Denton, Denton County, Texas, commonly known as 1301 South Mayhill Road; and providing an effective date. BACKGROUND A lease agreement with Tetra Point Fuels, L.L.C. and the City of Denton, for a 3.5 acre tract of land on the Solid Waste Department property adjacent to the Landfill was approved by City Council on April 7, 2009. Tetra Point Fuels established a pilot processing and ethanol production plant to receive containerized and bulk liquids containing sugars and conversion of those materials into an ethanol fuel. This initial process development phase has been completed and Tetra Point Fuels has been seeking investor capital to construct the commercial sized plant. Master Recycling has negotiated the purchase of Tetra Point Fuels assets and wishes to have the City approve the assignment of the lease to Master Recycling of Texas. The Tetra Point lease agreement provides a procedure for the City to approve the assignment of the lease in Section 2.4. Staff met with Master Recycling to discuss alternatives to the assignment of the Tetra Point lease. Rather than implement an assignment of the lease, City staff and Master Recycling agreed that the development of a new lease based on the provisions of the current lease, with some changes would provide both parties with an improved agreement. These additional provisions include: Changing the effective date of the initial term of ten years to June 1, 2013; providing a 50% lease rate to be for an initial six month period; providing the Lessee the option to relocate on site for the purpose of building a larger facility for this purpose and lease approximately 5 acres, but no more than 10 acres within the next five years by providing at least a 90 day prior notice to the City in order for the parties to establish the location, finalize the size of the site and adjust the lease agreement; providing the Lessee the option to lease additional space in two existing buildings within the first eighteen months from the effective date of the agreement; adjusting the initial ground lease rate from $0.16 to $0.165 per square foot per year; Agenda Information Sheet June 4, 2013 Page 2 and, the Solid Waste Department agrees to accept up to 15,000 gallons per operating day of the aqueous based by-product of the sugar concentration process, subject to the products acceptability by TCEQ requirements, at no cost if delivered to our storage tanks. The proposed ground lease would be for an initial term of ten years from the effective date of the lease. The lease may be extended for two additional five year terms. Adjacent property may be available for lease in the future. The lease rate is $0.165 per square foot per year for the first five years, with a PPI escalator to be used to adjust the rate after that period. OPTIONS 1.Approve the proposed Ordinance. 2.Decline to approve the proposed Ordinance. 3.Table for future consideration. RECOMMENDATION Recommend approval of the Ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On March 25, 2013 the PUB recommended approval to assign the lease through the development of a new lease. FISCAL INFORMATION The revenue will be deposited into the Solid Waste Fund. EXHIBITS 1.Ordinance Respectfully submitted, Vance Kemler, General Manager Solid Waste ConsentAgendaL AGENDA INFORMATION SHEET AGENDA DATE: June 4, 2013Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Elton Brock at 349-7133 ACM: Bryan Langley SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal Cooperative Purchasing Program Agreement with the County of Dallas, Texas under Section 271.102 of the Local Government Code, to authorize City of Denton contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 5279-Interlocal Agreement with the County of Dallas). FILE INFORMATION Section 271.102 of the Texas Local Government Code, authorizes respective participating governments to enter into agreements for the purchase of goods and services. The attached Agreement is an authorization for the County of Dallas to participate in contracts awarded by the City of Denton. The contract will remain in effect until terminated by either party. This Agreement will allow Dallas County to utilize contracts for goods and services competitively solicited by the City of Denton. The procurement process followed by the City of Denton meets all statutory procurement requirements. Upon approval of the Agreement, Dallas County contract for Microsoft Products and Services available through SHI Government Solutions/Austin, Texas. RECOMMENDATION Approve an Interlocal Cooperative Purchasing Program Agreement with the County of Dallas. PRINCIPAL PLACE OF BUSINESS County of Dallas Dallas, TX Agenda Information Sheet June 4, 2013 Page 2 ESTIMATED SCHEDULE OF PROJECT This Agreement is effective upon approval by the City of Denton and will remain in effect until terminated by either party. FISCAL INFORMATION This agreement allows the City to recoup procurement costs associated with the contract acquisition and contract management equal to 0.5% from participating government entities. The estimated fee to the City of Denton for this purchase is $5,000. Respectfully submitted: Chuck Springer Director of Finance 1-AIS-File 5279 ORDINANCE NO. ___________ AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATIVE PURCHASING PROGRAM AGREEMENT WITH THE COUNTY OF DALLAS, TEXAS UNDER SECTION 271.102 OF THE LOCAL GOVERNMENT CODE, TO AUTHORIZE CITY OF DENTON CONTRACTS FOR THE PURCHASE OF VARIOUS GOODS AND SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE (FILE 5279-INTERLOCAL AGREEMENT WITH THE COUNTY OF DALLAS). THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee, is hereby authorized to execute the Interlocal Cooperative Purchasing Program Agreement with the County of Dallas under Section 271.102 of the Local Government Code, a copy of which is attached hereto and incorporated by r SECTION 2. The City Manager, or his designee, is authorized to expend funds pursuant to the Agreement for the purchase of various goods and services. SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under File 5279 to the City Manager of the City of Denton, Texas, or his designee. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _______ day of _______________________, 2013. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ 2-ORD-File 5279 CITY OF DENTON COOPERATIVE PURCHASING PROGRAM ENTITY INFORMATION UPDATE QUESTIONNAIRE If Purchasing Program, please complete this questionnaire and retur to the City of Denton Cooperative Purchasing contact purchasing@cityofdenton.com. For additional information contact the City of Denton Materials Management Division at (940) 349-7100. 5 /Ò·äu ;ã Name of Entity: {w .©Þ Point of Contact: Title tÒ©-wzm 5z©;-·© Phone Number: Fax Number: Internet Address: ÞÞÞu7-Ò·äu©m E-Mail Address: ,©Þ¸7-Ò·äu©m Additional Contacts: {w;z D©w 7 w;zum©w¸7-Ò·äu©m Complete Mailing Address: 5 /Ò·ä tÒ©-wzm 5;¦©·;· az {·©;;·r {Òz·; 5r ;ã aä r Information as of this Date: RETURN QUESTIONNAIRE to purchasing@cityofdenton.com ATTN: COOPERATIVE PURCHASING CONTACT Please Note: To complete the Interlocal Agreement, please return four (4) dup original agreements, with original signatures on each, to the at Cooperative Purchasing Contact, 901B Texas Street, Denton, Texas 76209. The State of Texas County of Denton INTERLOCAL COOPERATION AGREEMENT BETWEEN CITY OF DENTON, TEXAS AND DALLAS COUNTY, TEXAS This Interlocal Cooperation Agreement (the 2013, between Dallas County, Dallas County). WHEREAS, both the City of Denton and Dallas County have the authority to enter into this Agreement pursuant to the cooperation between local governmental bodies, the parties hereto, in consideration of the premises and mutu contained herein, agree as follows: WHEREAS, the contract is made under the authority of Sections 791.001 791.029 of the Texas Government Code; and WHEREAS, the City of Denton and Dallas County represent that each are independently authorized to perform the functions or services contemplated by this Agreement; and WHEREAS, the parties, in performing governmental functions or in paying for the performance of governmental functions hereunder shall make that performance or those payments from current revenues legally available to that party; WHEREAS, the governing bodies of each party find that the subject of this contract is necessary for the benefit of thepublic and that each party has the legal authority to perform and to provide the governmental function or service whichis the subject matter of this contract; furthermore, the governing bodies find that the performance of this contract is in the common interest of both parties; and that the division of cost fairly compensates the performing partyfor the services under this contract; and WHEREAS, it is mutually beneficial to both parties to execute this Agre objectives relating to the health, safety, and welfare of the citizens of Tecreating efficiencies and saving the City of Denton and Dallas County taxpayer funding through cooperation in the purchasing of commodities, equipment, services and auctions; and NOW THEREFORE, in consideration of the mutual representations, terms and cove hereby agree as follows: 1.Dallas County hereby makes, constitutes and appoints the City of Denton its trhasing agent for the purchase of various commodities using Annual Contracts (Request Denton will maintain a listing of Annual Contracts which are ava forward a copy of requested Annual Contract to the requesting entity. 2.Dallas County agrees that the City of Denton shall serve as the purchasing age solicitation shall be conducted by the City of Denton in accordance with Texas Local Government Code 252 and City of Denton policy. 3.The City of Denton Purchasing Agent and Dallas County Purchasing Agent shall be authorized to jointly prepare bids, proposals, requests for qualifications and other procurement act for the purchase of equipment, supplies, services, insurance, high technology, professional services and other expe bidding/proposals. 4.Dallas County agrees that all specifications for selected commodities, equipment, services or auctions shall be determined by the City of Denton, and that the City of Denton shall collaborate with other gover ensure that the specifications can meet the overall defined need 5.Dallas County agrees to pay the contractor for all commodities, equipment, services or auctions pursuant to this Agreement. The awarded contractor shall bill directly for all commodities, equipment, services or auctions purchased and Dallas County pliance with all conditions of delivery and quality of all commodities, equipment, services or auctions purchased. All payments shall be made in accordance with the sta provisions of Texas Government Code, Chapter 2251. 6.Participation of either entity in any cooperative purchasing activity is strictly voluntary. prevent either entity from purchasing and/or accepting and award Agreement on its own behalf. 7.Each entity shall ensure that all applicable laws and ordinances have been sat 8.Effective Date and Term. This Agreement shall take effect upon execution by both signator the date of execution until terminated by either party to the Agment upon written thirty (30) days notice prior to cancellation. 9.Modification. The terms and conditions of this Agreement may be modified upon Mutual consent will be demonstrated approval of each governing b party hereto. No modification to this Agreement shall be effective and binding unless and until it is representatives of all parties. 10.Termination By the City of Denton or Dallas County. This Agreement may be terminated at any time by the City of Denton or Dallas County, with or without cause, upon thirty (30) days written notice to t accordance with Paragraph 12 herein. 11.Agency. City of Denton and Dallas County agree that each entity is not an agent of the other entity and that each entity is responsible for its own acts, forbearance, negligence conjunction with the performance under this Agreement. 12.Hold Harmless. The City of Denton and Dallas County agree to hold each other harmless from and against any and all claims, losses, damages, causes of action, suits and liabilirt of any person, for damage to any property, or for any breach of arising out of or in connection with the work done under this Ag 13.Sovereign Immunity. This Agreement is expressly made subject to Dallas of the Texas Civil Practice and Remedies Code and all applicable State provision of this Agreement is in any way intended to constitute that the parties or the County has by operation of law. 14.Invalidity. If any provision of this Agreement shall be held to be invali tribunal of competent jurisdiction, the validity, legality and eemaining provisions shall not in any way be affected or impaired thereby. The parties shall use thei provisions of this Agreement with legal terms and conditions app parties. 15.Written Notice. Unless otherwise specified, written notice shall be deemed to ha delivered in person or sent by certified mail to the last busine City of Denton: Materials Management Division City of Denton 901B Texas Street Denton, Texas 76209 Dallas County: Purchasing Department 509 Main Street, Suite 623 Dallas, Texas 75202 16.Entire Agreement. It is understood that this Agreement contains the entire agreemet between the parties and supersedes any and all prior agreements, arrangements, or understandin matter. Nor oral understandings, statements, promises, or induc This Agreement cannot be changed or terminated orally. No verbal agreement or conversati or employee of any party before or after the execution of this A obligations hereunder. 17.Amendment. No Amendment to this Agreement shall be effective and binding unless and unti and signed by duly authorized representatives of both parties. 16. Texas Law. This Agreement has been made under and shall be governed by the Texas. 17. Place of Performance. Performance and all matters related thereto shall be in Denton County, Texas, United States of America. 18. Authority to Enter Contract. Each party has the full power and authority to enter into and pe Agreement and the person signing this Agreement on behalf of each party empowered to enter into this Agreement. The persons executing t have authorization to sign on behalf of their respective corporations. 19. Waiver. Failure of any party, at any time, to enforce a provision of thi waiver of that provision, nor in anyway affect the validity of t either party thereafter to enforce each and every provision hereof. No waived or breach excused unless the waiver shall be in writing a Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse o other different or subsequent breach. 20. Agreement Read. The parties acknowledge that they have read, understand and inte terms and conditions of this Agreement. 21.Assignment. This Agreement and the rights and obligations contained herein m party without the prior written approval of the other parties to 22.Force Majeure. Except for the obligation for the payment of money, if either party fails to fulfill its obligations hereunder when such failure is due to an act of God, or other ci failure shall be excused for the duration of such event and for sonable to enable the parties to resume performance under this Agreement. 23. Multiple Originals. It is understood and agreed that this Agreement may be executed counterparts, each of which shall be deemed an original for all oses. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their authorized officers the day and year first above written. CITY OF DENTON, TEXAS BY: _ ___ Mayor DATE: _____________________________ ATTEST: ATTEST: Jennifer Walters, City Secretary City Secretary APPROVED: George Campbell, City Manager APPROVED AS TO LEGAL FORM: __________________________ Anita Burgess, City Attorney DALLAS COUNTY, TEXAS _________________________ Clay Lewis Jenkins Dallas County Judge DATE: __________________ APPROVED AS TO FORM*: CRAIG WATKINS DISTRICT ATTORNEY TERESA GUERRA SNELSON CHIEF, CIVIL DIVISION ____________________________ Abril Aberasturi Assistant District Attorney CLIENTS. IT MAY NOT ADVISE OR APPROVE A LEASE, CONTRACT, OR LEGA OF THIS DOCUMENT WAS CONDUCTED SOLELY FROM THE LEGAL PERSPECTIVE OF OUR WAS OFFERED SOLELY FOR THE BENEFIT OF OUR CLIENT. OTHER PARTIE REVIEW AND APPROVAL BY THEIR OWN RESPECTIVE ATTORNEY(S). ConsentAgendaM AGENDA INFORMATION SHEET AGENDA DATE: June 4, 2013 DEPARTMENT: Utilities ACM: Howard Martin, 349-8232 ______________________________________________________________________________ SUBJECT Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager, or his designee, to execute a Purchase Agreement (herein so called), as attached hereto and made a part hereof as Exhibit “A”, by and between Richard A. Gray, Jr., as Owner (herein so called), and the City of Denton, Texas, as Buyer, regarding the sale and purchase of fee simple to a 26.41 acre tract, more or less, situated in the William Roark Survey, Abstract No. 1087, James L. Harris Survey, Abstract No. 555 and the James Edmonson Survey, Abstract No. 400, located in the City of Denton, Denton County, Texas, as more particularly described in the Purchase Agreement, located generally in the 4500 block of South Bonnie Brae Street (the “Property Interests”), for the purchase price of Six Hundred and Fifty Thousand Dollars and No Cents ($650,000.00), and other consideration, as prescribed in the Purchase Agreement; authorizing the City Manager, or his designee, to execute and deliver any and all other documents necessary to accomplish closing of the transaction contemplated by the Purchase Agreement; authorizing the expenditure of funds therefor; and providing an effective date. (Bonnie Brae Widening and Improvements project – Parcel 39) BACKGROUND The City Council considered and approved an initial offer to purchase the necessary land rights 00 for the captioned road project on October 16, 2012, for the purchase price of $322,919.. An offer to purchase the necessary land rights was made to the affected Owner thereafter. There have been ongoing negotiations and dialogue between the parties, since the time of offer. The Owner has recently tendered a hard counter-offer to the City, a component of which includes purchase by the City of the balance of Owner’s bisected west remainder tract (approximately 15.43 acres, sans the existing Bonnie Brae Street footprint). The Owner’s position being that, upon establishment of the contemplated Bonnie Brae Street across Owner’s 95.159 acre parent tract, the 15.43 acre western remainder tract no longer has functional use or contributory value to compliment the highest and best use of Owner’s eastern remainder tract. Approval of the ordinance under consideration authorizes staff to proceed to closing the purchase transaction with the property owner, as settlement of the matter. OPTIONS 1.Approve the proposed Ordinance. 2.Decline to approve the proposed Ordinance. 3.Table for future consideration. RECOMMENDATION Recommend approval of the Ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) City Council October 16, 2012 (Offer to Purchase Ordinance 2012-292) City Council Executive Session April 16, 2013. FISCAL INFORMATION The overall Bonnie Brae Widening and Improvements project is being funded with a combination of Regional Toll Revenue (RTR) funds, Denton County Transportation Road Improvement Program (TRIP ‘08) funds and City of Denton local match funds. The purchase 00 offer price of $650,000. plus closing costs as prescribed in the Agreement are to be funded through a combination of these funding sources. BID INFORMATION Not applicable EXHIBITS 1.Location Map Respectfully submitted, 2.Ordinance Frank G. Payne, P.E. Prepared by, City Engineer Paul Williamson, Real Estate Manager IndividualItemA AGENDA INFORMATION SHEET AGENDA DATE: June 4, 2013 DEPARTMENT: Planning and Development ACM: John Cabrales SUBJECT - Z12-0014 (Masch Branch Rezoning) Consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Rural Residential (RD-5) zoning district classification and use designation to an Employment Center Industrial (EC-I) zoning district classification and use designation for approximately 27.76 acres of land, generally located north of University Drive and west of Masch Branch Road, legally described as Lot 2, Block 1 of the Marriott Gardens Addition, in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; and providing a severability clause and an effective date. The Planning and Zoning Commission recommends approval (7-0). The City Council postponed this item to the June 4, 2013 Council meeting (4-2). BACKGROUND On May 14, 2013, City Council postponed action of this item to the June 4, 2013, meeting to further deliberate this request and to allow the Legal Department time to clarify the status of the application after two motions failed due to lack of a second. postpone consideration, City Council postponed action of this item to the May 14, 2013, Council meeting. On April 2, 2013, City Council considered the subject application. Due to the various questions , the City Council decided to postpone the Public H concerned how the property developed after 2001 when the Restrictive Covenants was executed, and what public safety measures and infrastructure requirements were included during the development of the property. Council directed staff to meet with the applicant to address their questions. Since the Public Hearing times. The following items were discussed at those meetings: The applicant provided a history of the subject property, their understanding of the Restrictive Covenants, and their misunderstanding of the terms and conditions of the agreement as it related to development of the property. After the property was annexed into the City in 2006, there have been a total of 22 Certificate of Occupancy applications that have been approved by the City within this Agenda Information Sheet June 4, 2013 Page 2 development. During the review of Certificate of Occupancy applications, the subject buildings are inspected by the Fire Department, Building Division, and Code Enforcement. The applicant performed a Letter of Map Revision (LOMR) that removed a portion of the development from floodplain. The City is in the process of working with FEMA on ensuring that the flood maps be revised in this area. Some of the approved LOMRs were not incorporated into the latest maps in 2011. The Marriott Gardens LOMR is one of those approved LOMRs. According to the applicant, there is only one building on the property that is sprinklered. That building is where Safety-Kleen is currently occupied along Masch Branch Road is from gas well operators servicing surrounding gas wells and The applicant agreed to meet with the City Utilities Department to discuss current utilities serving the development and potential infrastructure requirements that may be needed to adequately serve the existing and proposed uses. As of this writing, a meeting with the applicant and the City Utilities Department has not yet been scheduled. Prior to meeting with the applicant again, staff met internally to discuss current utilities that serve the development and potential infrastructure improvements. A member of Building Inspections, Fire, Electric Utilities, Engineering, and the Legal Department met on April 30, 2013, where the following items were discussed: The Fire Department during their review of Certificate of Occupancy applications inspects structures for life safety issues. However, outside of life safety issues, they donot inspect nor enforce other Fire Code requirements unless the propose use is more intense or a new building is constructed. The Fire Department, in addition to the inspections they do during the review of Certificate of Occupancy applications, conducts annual inspections of non-residential buildings. If warranted, they can request that the building owner obtain the following permits; Operational Permit, Hazardous Permit and/or Flammable/Combustible Material Permit. Similarly, the Building Division, during the review of Certificate of Occupancy applications, inspects for life safety issues. Unless there is a new building proposed, they do not enforce other Building Code requirements. Code Enforcement performs pro-active enforcement and inspections during Certificate of Occupancy applications and as part of their routine inspections program. Agenda Information Sheet June 4, 2013 Page 3 Denton Municipal Electric currently provides service to two buildings on the subject property. They are the two furthest buildings to the west. Service to these two buildings started around 2003. DRC Engineering discussed that since the subject property was platted and that adequate rights-of-way dedication was dedicated on the plat, no other public requirements would be exacted. Masch Branch Road is classified as a Commercial Mixed- ROW) per the COD Mobility Plan. Thirty-six and a half (36.5) feet from the centerline of the street to the property line is required to be dedicated as right-of-way. However, If the property was developed today, the following comments would apply: Masch Branch Road is classified as an unimproved perimeter street per Section o 35.20.2.L.3.a of the City of Denton (COD) Development Code. Per Section 35.20.2.L.2 of the COD Development Code, construction of 25-feet wide concrete pavement, 8-foot wide sidewalk, curb and gutter, and required drainage improvements is required along Masch Branch Road frontage. Based on the size of the proposed development, a TIA will be required. o The Traffic Impacet Analysis (TIA) would determine if Signal Cost Participation o is required for the intersection of Masch Branch Road and University Drive. The TIA would analyze the condition of the existing Masch Branch Road o pavement up to University Drive to determine if offsite improvements to Masch Branch Road are required. Planning staff working with the Denton County was able to obtain County development permits for the subject property. July 30, 2002, the County approved a development permit for a shop/warehouse. o August 6, 2002, the County approved four (4) development permits for several o shops/warehouses. Planning staff using aerial photography from 2001, 2003, 2005, and 2007 determined that the majority of the post 2001 buildings were built between 2002 and 2003. Three new buildings were built and two large add-ons to two existing buildings were constructed. Between 2003 and 2005, three additional buildings were built. Between 2005 and 2007, four smaller add-ons to two existing buildings were constructed. Refer to Exhibit 16, which illustrates the buildings that were constructed after 2001. esentative requested a postponement of the Public Hearing scheduled for May 7 to a subsequent meeting date due to a meeting conflict. Refer to Agenda Information Sheet June 4, 2013 Page 4 A copy of the Restrictive Covenants and a draft copy of the letter sent to the applicant after it was determined that the agreement was breached is attached as Exhibit 13 and 14 for your review. On December 19, 2006, the City Council adopted an ordinance that annexed the subject property into the corporate city limits. As a result, the subject property was assigned an initial zoning district of Rural Residential (RD-5). The subject property was voluntarily annexed into the City due to an agreement between the property owner and the City. The agreement stipulated that if the uses within the property were expanded beyond the building footprint that existed at the time of the agreement, the City would have the right to voluntarily annex the property. The City began the annexation proceedings when it was determined that the property owner violated the agreement. This is the second zoning change request for the subject property. The first zoning change request was in 2008. That request was to rezone the subject property from a Rural Residential (RD-5) zoning district to an Industrial Center General (IC-G) zoning district. The purpose of the zoning change was to make the existing uses conforming. The current zoning of RD-5 does not permit industrial and office uses, thus rendering the existing uses as nonconforming uses. An approved zoning change to IC-G would have allowed for light manufacturing by right and heavy manufacturing with a Specific Use Permit (SUP). In conjunction with a proposed zoning change request in 2008, the applicant also requested a Comprehensive Plan amendment for the subject property The request for a Comprehensive Plan amendment was required because the zoning change request to an IC-G zoning district did not conform to the existing future land use of Employment Centers. Prior to considering the zoning change request, the proposed zoning district and the future land use designation must first be in conformance. On June 3, 2008, the City Council considered and voted 3-3 to approve the Comprehensive Plan amendment request. However, a tie vote results in a denial for the requested amendment. Because the Comprehensive Plan amendment was denied, the request for rezoning was not considered because the proposed rezoning request would not have been in conformance with the future land use designation. In 2008, the applicant initially proposed an IC-G zoning district to bring existing uses into conformance (including heavy manufacturing). However, after recently meeting with staff and with a written interpretation regarding the definition of heavy manufacturing, the applicant has decided to rezone the subject property to an EC-I zoning district. The meeting and the written interpretation clarified that existing uses which were thought to be heavy manufacturing are more in line with light manufacturing. An approved zoning district of EC-I would permit offices and light manufacturing. The major differences between the first zoning change request and the current zoning change request is that a Comprehensive Plan amendment is not required and heavy manufacturing will not be a permitted use. Agenda Information Sheet June 4, 2013 Page 5 In 2008, there was approximately 37,000 square feet of vacant leasable space, out of a total approximately 343,845 square feet. There were 32 tenants and 8 vacant spaces. Since then, the applicant has been leasing those vacant spaces and leasing previously leased units pursuant to Subchapter 35.11.5 of the Denton Development Code (DDC). This section notes legal, nonconforming uses are allowed to continue operation indefinitely. However, whenever a nonconforming use is discontinued for six months the use of the premises shall be in is defined as the property or structure is vacant and no attempt to market the property is observable on the property or from the exterior of any structure, or that the property or structure is vacant and City taxes owed on the property are delinquent. Currently, there are a total of 22 Certificate of Occupancy applications that have been approved by the City. The majority of uses that have been approved have been offices and light manufacturing uses, both allowed in the EC-I zoning district. Public notification information is provided in Exhibit 6. As of this writing, staff has not received any responses from property owners within 200 feet of the subject property. PRIOR ACTION/REVIEW December 19, 2006 Annexation March 26, 2008 Planning and Zoning Commission Public Hearing May 6, 2008 City Council Public Hearing June 3, 2008 City Council Public Hearing March 6, 2013 Planning and Zoning Commission Public Hearing April 2, 2013 City Council Public Hearing May 7, 2013 City Council Meeting May 14, 2013 City Council Meeting OPTIONS 1.Approve as submitted 2.Approve subject to conditions 3.Deny 4.Postpone consideration 5.Table item RECOMMENDATION Approval The Planning and Zoning Commission recommends (7-0). Approval The Development Review Committee recommends of this zoning change request. Agenda Information Sheet June 4, 2013 Page 6 EXHIBITS 1.Staff Analysis 2.Location Map 3.Future Land Use Map 4.Existing Zoning Map 5.Proposed Zoning Map 6.Notification Information Map 7.Site Plan 8.Letter from Applicant 9.Land Uses in 2008 10.March 26, 2008 Planning and Zoning Commission Minutes 11.June 3, 2008 City Council Minutes 12.March 6, 2013 Planning and Zoning Commission Minutes 13.JVC Restrictive Covenants 14.JVC Letter 15.Email from Representative 16.Site Plan with Pre and Post 2001 Development 17.Draft Ordinance Respectfully submitted: Brian Lockley, AICP, CPM Planning and Development, Director Prepared by: Ron Menguita, AICP Planning Supervisor EXHIBIT 1 STAFF ANALYSIS DRC Date: January 10, 2013 CASE #: Z12-0014 P&Z Date: February 20, 2013 DDC SECTION: 35.3.4 Project Number: Z12-0014 Request: The applicant is requesting a zoning change from a Rural Residential (RD-5) zoning district to an Employment Center Industrial (EC-I) zoning district for approximately 27.76 acres of land Applicant/Property Masch Branch Realty, LP Owner: 2281 N. Masch Branch Road Denton, TX 76207 Location: North of US 380 west of Masch Brand Road Size: Approximately 27.76 acres Existing Zoning Designation: Rural Residential (RD-5) Future Land Use: Employment Centers Case Planner: Ron Menguita, AICP DRC Recommendation: approval The Development Review Committee recommends of this zoning change request. Summary of Analysis: Employment Centers The subject property is located within an future land use designation. Employment centers are intended to provide locations for a variety of workplaces, including limited light manufacturing uses, research and development activities, corporate facilities, offices, and institutions. Employment centers are also intended to accommodate secondary uses, such as hotels, restaurants, convenience shopping, and child-care. Adequate public facilities shall be a criterion by which zoning is granted. Additionally, employment centers are intended to: 1.Encourage the development of office and business workplaces in close proximity to housing, civic, and recreational uses; 2.Promote excellence in the design and construction of buildings, outdoor spaces, transportation facilities, and streetscape; 3.Direct the development of workplaces consistent with the availability of public facilities and services; and 4.Continue the vitality and quality of life in adjacent neighborhoods. Findings of Fact 1.The subject property is located within a future land use designation of Employment Centers 2.The subject property is located within a RD-5 zoning district. 3.The RD-5 zoning district was assigned to the property when it was annexed in April 2007. 4.The approximately 27.76 acre subject property is located north of US 380 west of Masch Brand Road. 5.The subject property is platted as Lot 2, Block 1 of the Marriott Gardens Addition. 6.The subject property is currently developed with industrial and office related uses. 7.The subject property is within the boundaries of the Denton Municipal Airport Overlay District. Specifically the Airport Compatibility Land Use District (ACLUD) sub-district 2. 8.According to , Masch Branch Road is classified as a Collector Road requiring a right-of-way of 73-feet. 9.The Denton Plan designates this area as an Employment Centers future land use. Employment Centers is defined in the Denton Plan as centers intended to provide locations for a variety of workplaces, including limited light manufacturing uses, research and development activities, corporate facilities, offices, and institutions. 10.Light manufacturing is a permitted use in the EC-I zoning district. Light manufacturing is defined as - Industrial operations relying on the assembly of products using parts previously developed from raw material and not classified as a point source of objectionable pollutants. 11.Vacant units within the subject property is being marketed for office and warehouse use. Office use is permitted in the EC-I zoning district. Warehouse use is permitted in the EC-I zoning district with a limitation L(34). L(34) = Permitted with no more than 150,000 gross square feet and 8 truck docks. All docks or loading bays shall be to the rear or side of the structure and not viewable from the street. The buffering standards for outdoor storage shall apply, both to any outdoor storage activity and to the loading docks. 12.A zoning change to EC-I would not require a Comprehensive Plan amendment. 13.The environmentally sensitive areas (ESAs) map shows stream buffers ESAs in areas that seem to be fully developed at the west and southwest corner of the subject property. 14.FEMA maps show floodplain at the west and southwest corner of the subject property. 15.Water is available from the existing 8-inch mains along Masch Branch Road and within the development. Wastewater is available via the existing Masch Branch Lift Station near the northwest corner of the property. No additional infrastructure or supporting facilities are required to support the proposed land uses associated with the proposed zoning change. 16.The subject property is served by DME. Development Review Committee Based on the criteria for granting zoning change requests, information provided by the applicant, IS and recent site visits, the Development Review Committee finds that the request CONSISTENT IS with the surrounding land uses and general character of the area, CONSISTENTIS CONSISTENT with the Denton Plan, and with the Denton Development APPROVAL Code. Based on the above, the DRC recommends of Z12-0014. General Notes 1.Approval of this request shall not constitute a waiver or variance from any applicable development requirement unless specifically noted in the conditions of approval and consistent with the Denton Development Code. 2.All written comments made in the application and subsequent submissions of information made during the application review process, which are on file with the City of Denton, shall be considered to be binding upon the applicant, provided such comments are not at variance with the Denton Plan, Denton Development Code or other development regulations in effect at the time of development. Surrounding Zoning Designations and Current Land Use Activity: Northwest: North: Northeast: Extraterritorial Jurisdiction (ETJ) Rural Residential (RD-5) Extraterritorial Jurisdiction (ETJ) Undeveloped Maintenance facility owned by the Single Family Lot County of Denton West: Subject Property: East: Extraterritorial Jurisdiction (ETJ) Rural Residential (RD-5) Extraterritorial Jurisdiction (ETJ) Undeveloped Industrial and Office Related Uses Gas Well/Undeveloped Southwest: South: Southeast: Extraterritorial Jurisdiction (ETJ) Employment Center Industrial Extraterritorial Jurisdiction (ETJ) Undeveloped (EC-I) Undeveloped Single Family Lot Source: City of Denton Geographical Information System and site visit by City staff. Compatibility with Surrounding Land Uses The subject property is within an Employment Centers future land use designation, extending south to University Drive, see Exhibit 3. The property is located within a RD-5 zoning district and is currently developed with industrial and office related uses. Existing land uses surrounding the property to the north are a maintenance facility owned by the County of Denton, undeveloped land to the south, west, and east. Located on the southeast corner of Masch Branch Road and Hampton Road is a gas well and further east along Hampton are two residential structures. Comprehensive Plan A.Consistency with Goals, Objectives and Strategies: Employment Centers Plan. Staff finds that the proposed use is consistent with the goals, objectives and strategies of the Denton Plan. B.Land Use Analysis: The following table identifies the land uses permitted for the RD-5 and EC-I zoning districts: Residential Land Use RD-5 EC-I Categories Agricultural P P Live Stock L(7) L(7) Single Family Dwellings P N Accessory Dwelling Units P N Live/Work Units P N Community Homes for the P N Disabled Group Homes SUP N Manufactured Housing P N Developments P= Permitted, N= Not Permitted, S= Specific Use Permit Commercial Land Use RD-5 EC-I Categories Home Occupation P N Sale of Products Grown on Site P N Hotels N P Bed and Breakfast L(10) N Retail Sales and Services N L(18) Restaurant or Private Club N P Drive-through Facility N P Professional Services and Offices N P Quick Vehicle Servicing N P Vehicle Repair N P Auto and RV Sales N P Laundry Facilities N P Equestrian Facilities P N Outdoor Recreation P N Indoor Recreation N P Conference/Convention Center N SUP Major Event Entertainment N P Commercial Parking Lot N P Administrative or Research SUP P Facilities Broadcasting of Production SUP P Studio Temporary Uses L(38) L(38) P= Permitted, N= Not Permitted, S= Specific Use Permit Industrial Land Use Categories RD-5 EC-I Printing / Publishing N P Bakeries N P Manufacture of Non-odoriferous N P Foods Feed Lots SUP N Light Manufacturing N P Wholesale Sales N P Wholesale Nurseries P L(32) Distribution Center/Warehouse N L(34) General Warehouse, Retail N L(34) Self-service Storage N P Construction Materials Sales N P Wrecker Services and Impound SUP N Lots L(29) Kennels L(14) P Veterinary Clinics P P Gas Wells L(27) L(27) P= Permitted, N= Not Permitted, S= Specific Use Permit Institutional Land Use RD-5 EC-I Categories Basic Utilities P P Community Service N P Parks and Open Space P P Churches P P Semi-public, Halls, Clubs, and N P Lodges Business / Trade School N P Adult and Child Day Care P P Kindergarten, Elementary School P N Colleges N P Mortuaries N P WECS (Free-standing Monopole L(41) SUP Support Structure) WECS (Building-mounted) L(42) SUP P= Permitted, N= Not Permitted, S= Specific Use Permit L(7) = Limited to two (2) animals on parcels one (1) to three (3) acres in size. Additional animals may be added at a rate of one per each acre over three. L(10) = All restrictions of L(8), but limited to no more than 5 guest units. L(14) = Uses are limited to no more than 10,000 square feet of gross floor area. L(18) = Uses are permitted only in association with Gas Stations and are limited to no more than 5,000 square feet of gross floor area except adjacent to I-35 then uses are limited to 10,000 square feet of gross floor area. L(27) = Must comply with the provisions of Subchapter 22, Gas Well Drilling and Production. L(29) = Wrecker Services and Impound Lots must comply with the following provisions: 1. The subject lot shall comply with the provisions of the Texas Administrative Code, regarding Vehicle Storage Facilities. 2. Lot Screening: All stored vehicles shall be opaquely screened from all rights-of-way and residential uses and zoning districts. 3. Parking and vehicle storage areas associated with wrecker services and impound lots activities are not allowed within undeveloped floodplain, water-related habitat, and riparian buffer environmentally sensitive areas (ESA). 4. Best management practices addressing storm water quality must be implemented and maintained on site. Management practices must attain the pollutant removal capabilities recommended for parking areas in the Integrated Storm Water Management (iSWM) manual, as published by the North Central Texas Council of Governments, or similar practices consistent with low impact development (LID) approaches. L (32) = Not allowed to locate adjacent to an arterial and within 1,000 feet as measured from the nearest property line of a sexually oriented business to the nearest property line of any other sexually oriented business, adult or child daycare, any elderly housing facility, hospital, any residential use, public open space. L (34) = Permitted with no more than 150,000 gross square feet and 8 truck docks. All docks or loading bays shall be to the rear or side of the structure and not viewable from the street. The buffering standards for outdoor storage shall apply, both to any outdoor storage activity and to the loading docks. L (38) = Must meet the requirements of Section 35.12.9. L (41) = Lots where the proposed WECS will be located shall have a minimum lot area of two (2) acres. A maximum of one (1) WECS is permitted by right. Multiple WECS are permitted only with approval of a SUP. L (42) = Building-mounted WECS may not extend higher than ten (10) feet above where the WECS is mounted on the building. The height shall be measured from the base of the WECS where it is mounted on height is measured from the base of the WECS where is mounted on the building to the highest point of the WECS. The following table identifies the general regulations for the RD-5 and EC-I zoning districts: General Regulations RD-5 EC-I Minimum lot area 5 acres 2,500 Minimum lot width 200 feet 50 feet Minimum lot depth 250 feet 50 feet Minimum front yard 50 feet 10 feet Minimum side yard 10 feet None Minimum side yard adjacent to street 50 feet 10 feet 10 feet, plus 1 foot for each Minimum rear yard foot of N/A building height over 20 feet 30 feet, plus 1 foot for each Minimum yard abutting a single family N/A foot of use or district building height above 30 feet General Regulations RD-5 EC-I Maximum density, dwelling units per acre 0.2 N/A Minimum building separation 30 feet N/A General Regulations RD-5 EC-I Maximum lot coverage except for 15% 85% agricultural buildings Minimum landscaped area 75% 15% Maximum building height 65 feet 65 feet Maximum WECS height 75 feet 75 feet Maximum FAR except for single-family None 0.75 uses Minimum yard when a use other than None N/A single family abuts a residential zone Fire and EMS This zoning change request application has been reviewed for compliance with the International Fire Code and City amendments to the Fire Code. The applicant is responsible for compliance with all applicable portions of the Fire Code and City Ordinances even in the absence of review comments. Water and Wastewater Demand and Capacity A. Estimated Demand and Service Provider The estimated water or wastewater demands associated with the proposed zoning change request can be provided by the City. Water is available from the existing 8-inch mains along Masch Branch Road and within the development. Wastewater is available via the existing Masch Branch Lift Station near the northwest corner of the property. B. Available Capacity distribution and wastewater collection systems. C. CIP Planned Improvements There are no planned public improvements for the water and wastewater facilities serving the subject property. Roadways/Transportation Network A. Estimated Demand Expanded and new uses may increase the demand on the roadway/transportation network. B. Available Capacity Masch Branch Road between University and the subject property is not of sufficient structural integrity to support the expect volumes and type of traffic the site generates and will generate. Masch Branch Road may require substantial improvements or upgrades in the near future. C. Roadway Conditions The subject property is accessed primarily from Masch Branch Road. Masch Branch Road is -of-way of 73-feet. The roadway is currently a two-lane road. D. CIP Planned Improvements There are no planned public improvements for the roadways/transportation network serving the subject property. Environmental Conditions The environmentally sensitive areas (ESAs) map shows stream buffers ESAs in areas that seem to be fully developed at the west and southwest corner of the subject property. FEMA maps show floodplain at the west and southwest corner of the subject property. Wells (Public/Private) No public or private portable water wells are proposed for the subject property. Airports The property is within the boundaries of the Denton Municipal Airport Overlay District. Specifically the Airport Compatibility Land Use District (ACLUD) sub-district 2. Electric The property is served by DME. The estimated electric demands associated with the proposed zoning change request can be provided by DME. Park Facilities The proposed land uses associated with the proposed zoning change will not result in any increase in park demands. Comments from other Governmental Agencies None. EXHIBIT 2 LOCATION MAP EXHIBIT 3 FUTURE LAND USE MAP EXHIBIT 4 EXISTING ZONING MAP EXHIBIT 5 PROPOSED ZONING MAP EXHIBIT 6 NOTIFICATION INFORMATION MAP Public Notification Date: 6 11 In Opposition: 0 In Favor: 0 Neutral: 0 N/A EXHIBIT 7 SITE PLAN EXHIBIT 8 LETTER FROM APPLICANT Exhibit10-March26,2008PlanningandZoningCommissionMinutes Exhibit11 June3,2008,CityCouncilMinutes Exhibit12 March6,2013,PlanningandZoningCommissionMinutes 1 2Appiah stated the Spring Valley Neighborhood has petitioned staff to assist in the rezoning of 3their residential neighborhood from Employment Center Industrial to Neighborhood Residential- 43 zoning district. However, a Comprehensive Plan amendment is required. Therefore, this 5request is to amend the future land use from Employment Center to Existing Land Use. Appiah 6stated staff has held three (3) neighborhood meetings to discuss the proposed Comprehensive 7Plan amendment. Staff sent 54 public notices to property owners within 200 feet of the subject 8site and 35 courtesy notices to property owners within 500 feet of the subject site. Appiah stated 9he has received one returned response in favor of this request. Staff recommends approval of this 10request. Chair Schaake opened the Public Hearing. 11 12Valerie Hussey, 1903 Spring Valley Drive, Denton, Texas 76208 13 14Hussey stated she is in favor of this request and feels that it would be beneficial to the 15neighborhood. There was no one else to speak on this item; Chair Schaake closed the Public 16Hearing. 17 18Commissioner Brian Bentley motioned, Commissioner Devin Taylor seconded to approve the 19request. Motion approved (7-0). 20 E.Hold a public hearing and consider making a recommendation to City Council regarding a rezoning from Employment Center Industrial (EC-I) to a Neighborhood Residential 3 (NR- 3) zoning district on approximately 8.830 acres. The subject property is generally located East of University Drive (US 380) and North of Loop 288. (Z12-0009, Spring Valley Estates, Nana Appiah) This item is continued from the February 6, 2013 meeting. 21 22Appiah stated this request is to change the zoning from Employment Center Industrial to a 23Neighborhood Residental-3 zoning district. Staff sent 50 public notices to property owners 24within 200 feet of the subject site and 34 notices to property owners within 500 feet of the 25subject site. Appiah stated as of this meeting staff has not received any responses to the notices. 26Appiah stated staff recommends approval of this request. Chair Schaake opened the Public 27Hearing at 7:49 p.m.; there was no one to speak on this item. Chair Schaake closed the Public 28Hearing. 29 30Commissioner Brian Bentley motioned, Commissioner Thom Reece seconded to approve this 31request. Motion approved (7-0). 32 F.Hold a public hearing and consider making a recommendation to City Council regarding a zoning change request from a Rural Residential (RD-5) zoning district to an Employment Center Industrial (EC-I) zoning district for approximately 27.76 acres of land, located north of University Drive and west of Masch Branch Road, and legally described as Lot 2, Block 1 of the Marriott Gardens Addition. (Z12-0014, Masch Branch Rezoning, Ron Menguita) 33 34Menguita stated this request is for the zoning change from a Rural Residential-5 zoning district 35to an Employment Center Industrial zoning district. Menguita stated this would allow offices and 36light manufacturing uses within the proposed zoning district. Staff sent six (6) public hearing 6 1notices to property owners within 200 feet of the subject site and 11 courtesy notices to property 2owners within 500 feet of the subject site. As of this meeting, staff has not received any returned 3responses. Chair Schaake opened the Public Hearing. 4 5Patricia Adams, Adams spoke in favor of the request. Adams stated that the property was 6voluntarily annexed into the city. 7 8Chair Schaake closed the Public Hearing at 7:58 p.m. 9 10Commissioner Jim Strange motioned, Commissioner Frank Conner seconded to approve this 11request. Motion approved (7-0). 12 6.FUTURE AGENDA ITEMS: Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the Planning and Zoning Commission or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting. 13 14Schaake questioned the Commissioners if they had any future agenda items; Bentley requested 15more information on the term “discontinued” and more information on corner lots. Leal informed 16Bentley the term “discontinued” is under section 35.11.5.1.A.1of the Denton Development Code. 17Reece informed the Commission that the Girl Scout Troop would be attending the next meeting 18and would like it if they could be recognized. Schaake agreed. There were no future agenda 19items discussed. 20 7.ADJOURN 21 22Chair Schaake adjourned the meeting at 8:05 p.m. 7 Exhibit13 JVCRestrictiveCovenants Exhibit14 JVCLetter City AttorneyÓs Office City of Denton, Texas 215 East McKinney Denton, Texas 76201 (940) 349-8333 Fax (940) 382-7923 September 7, 2006 VIA CMRRR 7005 1820 0005 2471 and Regular Mail JVC Partners, Inc. c/o John R Marriott Jr., its registered agent 11359 Kline Drive Dallas, TX 75229 VIA CMRRR 7005 1820 0005 2488 and Regular Mail Marriott Rentals, Inc. c/o J R Marriott Sr., its registered agent 2277 N. Masch Branch Road Denton, TX 76207 VIA CMRRR 7005 1820 0005 2495 and Regular Mail JVC Partners, Inc. and Marriott Rentals, Inc. PO Box 2496 Denton, TX 76202-2496 RE: Breach of Restrictive Covenant and Consequent Initiation of Annexation Dear Sirs: Reference is made to the attached Restrictive Covenants dated December 4, 2001, relating to Lot 2, Block 1 of the Marriott Gardens Addition (your ÐPropertyÑ). Under the terms of these Restrictive Covenants, the Property Owner agreed not to use the Property for any use other than the ÐExisting UsesÑ defined in Exhibit A, attached thereto, abse use, annexation, or the CityÓs consent. The uses, building addresses and specific square footages of these allowed ÐExisting UsesÑ are cataloged and defined in that exhibit. You (defined in the Restrictive Covenants as the Property Owner and successors or assigns) agreed that any breach of this covenant would constitute a petition for voluntary annexation. As shown in the following table, a number of buildings have been erected or significantly expanded since the Restrictive Covenants were executed and recorded: JVC Partners, Inc. and Marriott Rentals, Inc. September 7, 2006 Page 2 Address Building Area as per Agreement (S.F.) Approx. Current Bu 2281 Masch Branch 11,060 Same 2281 A Masch Branch Trailer office Not existent 2281 B Masch Branch 25,000 38,700 2281 C Masch Branch 25,000 39,600 2281 D Masch Branch 16,000 36,000 2281 E Masch Branch 16,000 36,000 2277 Masch Branch 11,000 Same 2275 Masch Branch 12,000 Same 2269 Masch Branch Building/parking lot/fuel island/truck parking *Aerial photographs were used to calculate building areas. Notice is given that the Planning Department has been asked to p annexation of the Property, and that our office has been instructed to initiate any other processes necessary or expedient to the prompt annexation of the Property. Should you have any questions regarding this matter, you or your attorney may feel free to contact me. Sincerely, Jerry E. Drake, Jr., Deputy. City Attorney Enclosures Restrictive Covenants cc: Howard Martin, City Manager Kelly Carpenter, Director of Planning and Development Patricia Adams, Hayes, Berry, White and Vanzant Exhibit15 EmailfromApplicant'sRepresentative From:Patricia Adams To:Burgess, Anita; Leal, Aaron Subject:May 7, 2013 Council Meeting Date:Tuesday, April 23, 2013 11:25:46 AM Good Morning Anita and Aaron, I would like to request that theMasch Branch Zoning casecurrently set on the May 7, 2013 CityCouncil agenda be rescheduledto the subsequent May meeting agenda. As we discussed after the April Council meeting, Iserve as the land use attorney foranother city, so I attend monthlyPlanning and Zoning Commission meetings that are held on the first Tuesday of the month.We do not always have pending applications so some months I do not have a meeting; however, Ihave confirmed that I have a conflicting meeting on May 7, 2013. The City's consideration of my request would be greatly appreciated. Please let me know if I need to take any additional action to have the zoning case rescheduled. Your assistance in this matter is greatly appreciated. Regards, Patricia -- Law Office of Patricia A. Adams 2281 Masch Branch Road, Suite No. 500 Denton, Texas 76207 940-594-4222 padams.lawoffice@gmail.com Exhibit17 DraftOrdinance IndividualItemB AGENDA INFORMATION SHEET AGENDA DATE: June 4, 2013 DEPARTMENT: Planning and Development ACM: John Cabrales ______________________________________________________________________________ SUBJECTPDA12-0006 (Gardens of Denton, Phase II) Consider adoption of an ordinance of the City of Denton, Texas, providing for approval of a detailed plan for 6.199 acres located within Planned Development 120 (PD-120) zoning district; generally located on the south side of Loop 288, west of the intersection of F.M. 2164/Locust Street and Loop 288, in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. The Planning and Zoning Commission recommends approval (5-1). (PDA12- 0006, Gardens of Denton Phase 2) BACKGROUND On May 7, 2013, City Council postponed action on this item to the June 4, 2013, meeting to further deliberate this request and to receive a Work Session presentation on transferring density between residential land use parcels in Planned Development districts. The applicant (Wayne Lewis, Andrew Merrick Companies) is proposing to construct Phase II of the Gardens of Denton apartment development that will consist of three (3) three-story buildings (Exhibit 9) with a total of 192 residential units. This proposed Gardens of Denton Phase II combined with Phase I of Gardens of Denton will have a combined maximum density of 17.3 dwelling units per acre. The subject property is currently undeveloped. PD 120 was created in 1986 by Ordinance No. 86-173, which provided for single-family, multi- family, townhouse, and office and retail development on 412.12 acres. Gardens of Denton, Phase I was approved in December 2010 (Ordinance No. 2010-315). The maximum permitted density for the multi-family component of PD-120 is 18 dwelling units per acre per Ordinance No. 98-324. The combined density of both Phase I and the proposed Phase II is 17.3 dwelling units per acre. Three (3) public notices were sent to property owners within 200 feet of the subject site. Two (2) courtesy notices were also sent to residents within 500 feet of this proposal. One property owner response has been received, in favor of the proposed development and representing 27.38% of the land in the notice area. Public notification information is provided in Exhibit 8. The Planning and Zoning Commission recommended approval of this application with a vote of 5-1. The single dissenting vote by Commissioner Bentley was due to his concern regarding the following issues: Agenda Information Sheet June 4, 2013 Page 2 The proposed density of Phase 2 of the development. The subject site is located within a 1. Planned Development District. Per the land use factors which are specified in Ordinance No. 98-324, the areas designated for multi-family use must have an overall density of 18 dwelling units per acre. This means that, for example, one multi-family development can have a density of 15 dwelling units per acre, while yet another multi-family can have a density of 20 dwelling units per acre, provided that the overall density of all multi-family developments in the Planned Development (PD is not more than 18 dwelling units per acre. 2.The quality of the development was another concern. Commissioner Bentley felt that the overall quality of the development was lacking when compared to Phase 1 due to the higher density and the compact nature of the site design. More specifically, he expressed concerns regarding the fact that there are three buildings proposed for the site, with the largest building encompassing two courtyards with no break in building mass. Concerns cool down the courtyard were cited. The Commissioner stated that these issues resulted in a lower quality development. 3.A third concern was also with regard to the design of the central building. Commissioner Bentley was concerned that large main building with two central courtyards would be conducive to criminal activity in that someone on the run could escape into the main building and not be found. It would be difficult to police the building since it is designed with so many floors and no breaks in the building in which a person could be observed. He noted that the Department of Housing and Urban Development had determined that this building style was conducive to criminal activity, demolished those buildings with this type of design and prohibited the use of this design when building public assisted housing. Staff presented a Work Session discussion on item 1 concerning transferring density and discussed the concerns raised in items 2 and 3 with the applicant. Overall the applicant has increased the quality of the development to be comparable with what was provided in Phase 1. The stone, masonry, and stucco on the exterior walls are consistent with the exterior materials approved for Phase 1. The applicant has also provided covered parking spaces at a ratio equal to Phase 1 and provided a landscape plan (Exhibit 5) that will accentuate the building structure and layout. The design of Phase 2 is what you will find in a more urban setting but according to the applicant it is the preference of many residents today. He has developed similar projects in Dallas and has provided photos of the interior courtyard they developed in Frisco (Exhibit 9) to illustrate the layout and scale that is more accurate than what is depicted in the site plan. The fundamental difference in the phasing is the general layout of a single structure versus multiple structures. The criminal element is something staff also considers in the review of development proposals and over the years, staff has reviewed plans and made recommendations to applicants based on the principles of Crime Prevention Through Environmental Design (CPTED). CPTED is an approach to deterring criminal behavior through environmental design. Agenda Information Sheet June 4, 2013 Page 3 These strategies rely on past research and studies that confirms the ability to influence offender decisions that precede criminal acts within the built environment. Two principles that are prevalent in this design are Natural Surveillance and Natural Access Control. Natural Surveillance or "See and be seen" is the overall goal when it comes to CPTED. A person is less likely to commit a crime if they think someone will see them do it. Lighting and landscape play an important role in this principle. Natural Access Control utilizes the use of walkways, fences, lighting, signage and landscape to clearly guide people and vehicles to and from the proper entrances. The goal of this principle is to direct the flow of people while decreasing the opportunity for crime. The layout of this plan contains interior access to the units with defined entryways. The building contains articulation that provides visual character without creating poorly lit coves or recesses that provide hiding places. The landscaping softens the edge of the building and assists in the defining walkways to entrances. PRIOR ACTION/REVIEW 1.September 2, 1986, Ordinance No. 86-173 Approval of PD district standards and a concept plan. 2.October 6, 1998, Ordinance No. 98-324 Approval of an amended concept plan changing the land use factors approved in Ordinance No. 86-173 and requiring 100% masonry by used on all exterior building walls, excluding windows and doors. 3.October 19, 2010 Ordinance No. 2010-270 Amended the development and transportation standards and the district boundary of PD-120. 4.December 7, 2010 Ordinance No. 2010-315 Gardens of Denton Phase I approved. 5.April 10, 2013 Planning and Zoning Commission Public Hearing. 6.May 7, 2013 City Council Public Hearing 7.June 4, 2013 City Council Public Hearing OPTIONS 1.Approve as submitted. 2.Approve subject to conditions. 3.Deny. 4.Postpone consideration. 5.Table item. Agenda Information Sheet June 4, 2013 Page 4 RECOMMENDATION The Planning and Zoning Commission recommends APPROVAL of the proposed detailed plan for Gardens of Denton, Phase 2. The Development Review Committee recommends APPROVAL of PDA12-0006. EXHIBITS 1.Staff Report 2.Location Map 3.Zoning Map 4.Proposed Detailed, Drainage and Utility Plan 5.Proposed Landscape Plan 6.Proposed Tree Preservation Plan 7.Proposed Building Elevations 8.Notification Map 9.Site Photos 10.Draft Planning and Zoning Commission minutes of April 10, 2013 11.Ordinance Respectfully submitted: Brian Lockley, AICP, CPM Planning and Development Director Prepared by: Cindy Jackson, AICP Senior Planner Exhibit 1 Staff Report CITY OF DENTON DEVELOPMENT REVIEW COMMITTEE STAFF REPORT P&Z Date: April 10, 2013 TYPE: Detailed Plan CC Date: May 7, 2013 PROJECT #: PDA12-0006 Project Number: PDA12-0006 Request: Approval of a Detailed Plan for an approximately 5.765 net acre multi-family development located within a Planned Development (PD-120). Applicant/ Property Owner: Wayne Lewis, Andrew Merrick Companies Location: The subject site is located on the south side of Loop 288, west of the intersection of F.M. 2164/Locust Street and Loop 288. Size: 6.199 gross acres ± Zoning Designation: Planned Development 120 (PD 120) Future Land Use: Community Mixed Use Center Case Planner: Cindy Jackson, AICP DRC Recommendation: APPROVAL The Development Review Committee recommends of PD10-0001. Summary of Analysis: The applicant is proposing to develop a 192 unit apartment complex on 5.877 acres (6.199 gross acres) located within PD-Phase II of a two phase multi-family development containing a total of 384 unit apartment complex. The Detailed Plan for Phase I was approved in December 2010. Section 35-174 of the City of Denton Zoning Ordinance provides standards by which a Detailed Plan is to be evaluated. Such standards include showing permitted land uses specified in detail and the acreage for each use, adjacent or surrounding land uses, zoning, streets, drainage facilities, existing or proposed off-site improvements, the location and size of all alleys, parking lots and parking spaces, loading areas to be used for vehicular traffic, access and connection to existing or proposed streets, traffic generated by the proposed uses, the maximum height of all buildings, the maximum total floor area, the location of water retention areas and major drainage facilities, and the location of all major utilities. The Detailed Plan submitted shows a multi-family development consisting of three (3) story buildings with a total of 192 units. The number of parking spaces required and shown on the Detailed Plan is 317 which include a total of five (5) garage parking spaces. A club house, pool and play area are also proposed as part of the Detailed Plan. The locations of the retention areas and major utilities have been reviewed by the DRC. The proposed landscape plan is compatible with the landscape plan approved for Phase I. The Detailed Plan shows one proposed access point onto the site from Ame Drive, a private street which connects with Locust Street. Findings of Fact 1.The site is designated as Community Mixed Use Center on the Future Land Use Map of the Denton Plan. Per the Denton Plan, a might contain a supermarket, drug store, specialty shops, service stations, one or more large places of worship, a community park, midsize offices, and employers, high-to moderate- density housing, and perhaps an elementary or middle school. It includes vertically integrated uses in which different uses may be located on different floors of the same building. The proposed Detailed Plan is consistent with the Denton Plan. 2.The subject site is located within Planned Development 120 (PD-120). 3.There are no planned public improvements for potable water, sanitary sewer, drainage, or transportation facilities serving the subject site. 4.The proposed development has frontage on both Loop 288 and Ame Drive. Loop 288 is a private street. 5.The site is undeveloped. 6.The subject site is surrounded on the south, east and west by property zoned PD-120. The site located to the north, across Loop 288 is zoned the Hills of Denton Master Planned Community (MPC07-0003). 7.There are no Environmentally Sensitive Areas (ESAs), Flood plain, CLOMR, LOMR, Municipal Setting Designations (MSD) on the undeveloped portions of this site. 8.Locust Street has the capacity to accommodate this development. 9.Water is available by extending a 12-inch public water main, from the southwest corner of S.H. Loop 288 and Locust Street to the northwest corner of Lot 5, Block A. Sewer is available via connecting to the two 8-inch gravity mains at the south property line of Line 5, Block A, that were constructed as part of the Phase I project. 10.Other information stated by DRC. A.Anticipated water demand: 224 (peak) B.Anticipated wastewater demand. 167 (peak) C.The existing water distribution and wastewater collection systems have sufficient capacities to accommodate the projected demands associated with the proposed development. Development Review Committee Based upon the information provided by the applicant and a recent site visit, the Development IS CONSISTENT Review Committee finds that with the recommended conditions the request IS CONSISTENT with the surrounding land uses and general character of the area, with the IS CONSISTENT Denton Plan, and with the Denton Development Code. GENERAL NOTES NOTE: Approval of this request shall not constitute a waiver or variance from any applicable development requirement unless specifically noted in the conditions of approval and consistent with the Denton Development Code. NOTE: All written comments made in the application and subsequent submissions of information made during the application review process, which are on file with the City of Denton, shall be considered to be binding upon the applicant, provided such comments are not at variance with the Denton Plan, Denton Development Code or other development regulations in effect at the time of development. Surrounding Zoning Designations and Current Land Use Activity: Northwest: North: Northeast: Hills of Denton MPC, Hills of Denton MPC, Hills of Denton MPC, undeveloped undeveloped undeveloped West: Subject Property: East: PD-120 PD-120, PD-120 undeveloped undeveloped undeveloped Southwest: South: Southeast: PD-120 PD-120 PD-120 undeveloped Gardens of Denton, Phase I undeveloped Source: City of Denton Geographical Information System and site visit by City staff Comprehensive Plan: A.Consistency with Goals, Objectives and Strategies: Per the Future Land Use Map of the Denton Plan, the subject property is within the Community Mixed Use Centers Future Land Use designation. Per the Denton Plan: Community Mixed Use Center might contain a supermarket, drug store, specialty shops, service stations, one or more large places of worship, a community park, midsize offices, and employers, high-to moderate-density housing, and perhaps an elementary or middle school. It includes vertically integrated uses in which different uses may be located on different floors of the same building. Plan. B.Land use analysis The applicant is proposing to develop Phase II of the Gardens of Denton multi-family development with a total of 192 units. Ordinance No. 98-324 designates this site for multi-family residential use. Per that ordinance the overall density of all multi-family development in this location cannot exceed 18 dwelling units per acre. The overall density of both Phase I and Phase II of Gardens of Denton is 17.1 dwelling units per acre. The site complies with all requirements of PD-120. on that the proposed Detailed Plan is consistent with the requirements of PD-120. Nearest Fire, and EMS Station Name of Station Fire Station #5, 2230 W. Windsor Dr and Fire Station #4, 2110 E. Sherman Dr. Fire/EMS Source: City of Denton GIS, Fire Department, and EMS Water and Wastewater Demand and Capacity: A. Estimated Demand and Service Provider: Subject PropertyEstimated Impact Analysis Adequate to Serve (Yes 5.877 ± acres Proposed Demand or No) Permitted Density 192 Yes Potable Water Consumption 224 (peak) Yes (GPM) Wastewater 167 (peak) Yes Generation (GPM) B. Available Capacity: Water is available by extending a 12-inch public water main, from the southwest corner of S.H. Loop 288 and Locust Street to the northwest corner of Lot 5, Block A. Sewer is available via connecting to the two 8-inch gravity mains at the south property line of Line 5, Block A, that were constructed as part of the Phase I project. C. CIP Planned Improvements: Currently there is no CIP Water or Sewer Projects planned for this area. Roadways/Transportation Network: A. Estimated Demand: Subject PropertyEstimated Impact Analysis Adequate to Serve (Yes 5.877 ± acres (net) Proposed Demand or No) Permitted Density 192 units Y Average Annual 1277 Y Daily Trips (AADT) PM Peak Hour Trips 129 Y B. Available Capacity: Locust Street has the capacity to accommodate this development. C. Roadway Conditions: Locust Street is a TXDOT roadway; however, left turn lanes along Locust Street onto the private driveway and Beall Street are constructed to accommodate this development. Park Facilities: A.There is a neighborhood Park in the North Pointe subdivision near the intersection of Hercules and Beatriz Drive. North Lakes Park is approximately 5,000 feet to the Southwest near Riney Road and Windsor. Evers Park is approximately 3,600 feet to the Southeast near Evers Parkway and Cobblestone next to the Evers Park Elementary School. B.The North Pointe Park is also on the Cooper Creek Trail corridor and future plans show trail connections to the east at the existing trail from Evers Park to Sherman Drive. Exhibit 2 Location Map Exhibit 3 Zoning Map Exhibit 8 Notification Map Public Notification Date: 3/29/13 3 Mail: 2 Notice In Opposition: 0 In Favor: 1 Neutral: 0 Exhibit 9 Site Photos South of Subject Site East of Subject Site West of Subject with Loop 288 in the Subject Site Background Exhibit 9 continued Exhibit 10 Planning and Zoning Commission Minutes Exhibit 11 Ordinance PublicHearingA AGENDA INFORMATION SHEET AGENDA DATE: June 4, 2013 DEPARTMENT: Planning and Development ACM: John Cabrales SUBJECTClassic Used Cars (Z13-0002) Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from Regional Center Residential 1 (RCR-1) zoning district and use classification to a Regional Center Commercial Downtown (RCC-D) zoning district and use classification on approximately 10.56 acres. The subject property is generally located east of I-35 and north of Shady Shores within the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (Z13-0002) The Planning and Zoning Commission recommends approval (7-0). PROPOSAL The applicant, Ronald A. Hamm on behalf of Classic Dodge-Chrysler-Jeep Ram, requests to rezone this property from Regional Center Residential 1 (RCR-1) to Regional Center Commercial Downtown (RCC-D) zoning district. The purpose for this rezoning request is to allow the property to be developed as auto sales and repair. Per the Denton Development Code (DDC), the current RCR-1 zoning district prohibits auto sales and repair; therefore, rezoning of the property to a district that allows auto sales and repair is necessary. According to the applicant, the purpose of this request is to enable him to expand his auto sales business (Classic Dodge-Chrysler-Jeep Ram) located across the street (I-35E) from the subject property. This business has recorded steady growth within the past years, which has prompted a need for expansion to accommodate demands of its growing customer base. BACKGROUND The subjected property was rezoned from Agriculture (A) to Regional Center Residential 1 (RCR-1) zoning district in 2002. Per the Denton Plan, the property is also located in one of the three areas in the City designated as Regional Mixed Use Centers future land use. Per the Denton Plan, Regional Mixed-Use Activity Centers future land uses are to provide convenience comparative shopping for goods and services to an individual neighborhood as well as the entire city and surrounding area. According to the applicant and Denton Central Appraisal District information, the property is currently used for agriculture purposes only. No development exists on the property. Per the Denton Plan, typical service types within Regional Mixed-Use Activity Center future land use are automobile dealers. Agenda Information Sheet June 4, 2013 Page 2 Regional Center Residential 1 (RCR-1) is one of the four zoning districts within Regional Mixed Use Centers future land use. Per the Denton Plan, typical service types within Regional Mixed Use Centers, automobile dealers, auto sales are prohibited in the RCR-1 zoning district. Therefore, for the applicant to expand his auto sales business onto this subject property, rezoning to Regional Center Commercial Downtown (RCC-D) has to occur. The RCC-D district is the only district within the Regional Mixed Used Centers future land use that permits auto sales and repair. In addition, the subject property is bounded by RCC-D zoning district to the north and south, rezoning of the subject property will not create an isolated zoning district. It will rather aid to continue regional activities, mainly auto sales, established within the vicinity of the property. Staff sent nine (9) public notices to residents within 200 feet and forty (40) to those within 500 feet of the site (Exhibit 7). As of this writing, staff has received no response from a property owner within 200 feet of the subject property in opposition to the request. Staff has received a notice in opposition to this request from a property owner within 500 feet of this property (Exhibit 8). PRIOR ACTION/REVIEW April 24, 2013 Planning and Zoning Commission hearing. OPTIONS 1.Approve as submitted. 2.Approve subject to conditions. 3.Recommend denial. 4.Postpone consideration. 5.Table item. RECOMMENDATION APPROVAL The Planning and Zoning Commission recommends of this rezoning request (7-0). APPROVAL The Development Review Committee recommends of this rezoning request. Agenda Information Sheet June 4, 2013 Page 3 EXHIBITS 1.Analysis 2.Site Location/Aerial Map 3.Existing Zoning Map 4.Proposed Zoning Map 5.Future Land Use Map 6.Survey 7.Notification Map 8.Notice of Public Hearing Response 9.Letter from Applicant (Project Narrative) 10.List of uses in RCC-D and RCR-1 Zoning Districts 11.Site Photos 12.Planning and Zoning Commission, April 24, 2013 Meeting Minutes 13.Ordinance Respectfully submitted: Brian Lockley, AICP, CPM Planning and Development Department Director Prepared by: Nana Appiah, AICP Senior Planner Exhibit 1 Staff Report CITY OF DENTON DEVELOPMENT REVIEW COMMITTEE STAFF REPORT P&Z Date:April 24, 2013TYPE:Rezoning CC Date:June 4, 2013PROJECT #:Z13-0002 Project Number: Z13-0002 Request: Rezoneapproximately 10.56acres from Regional Center Residential 1 (RCR-1) zoning district to Regional Center Commercial Downtown (RCC-D)zoning district. Applicant: Ronald A. Hamm 1150 E. Kennedale Parkway Denton, TX 76060 Property Owner: John Karvouniaris P.O Box 50405 Denton, TX 50405 Location: The subject property is generally located east of I-35 Eand north of Shady Shores Road. Size: 10.56acres. Zoning Designation: Regional Center Residential 1 (RCR-1) Future Land Use: Regional Mixed Use Centers Case Planner: Nana Appiah, AICP DRC Recommendation:APPROVAL The Development Review Committee recommends of this rezoning request. Summary of Analysis: This requestis to rezone 10.56-acreproperty from Regional Center Residential 1 (RCR-1) zoning district to Regional Center Commercial Downtown (RCC-D)zoning district. Currently, there exists no developmenton the property.However, it isintention of the propertyownerto develop the site for auto salesand repair. Per Section 35.5.5.2 of the DentonDevelopment Code (DDC), auto sales and repair are prohibited in the RCR-1 zoning district; therefore,such usesis inconsistent with the DDC. Per the DDC,the purposeof the Regional Mixed Use Centers is to create centers of activity including shopping, services, recreation, employment and institutional facilities supported by and serving an entire region.In addition, Per the Denton Plan, Regional Mixed Use Centers future land use are intended to provide convenience and comparative shopping for goods and services to an individual neighborhood as well as the entire city and surrounding area. This request to rezone the property to a zoning district which allows auto sales and repair is in conformance with the purpose of the Regional Mixed Use Centers future land use. The subjectproperty is surrounded by major auto dealershipsuseswithin the citysuch as Classic Mazda, Jim McNatt Toyota and Honda dealership, and Hyundai auto dealership..According to the applicant, this request to rezone the property is to allow him to expand the current Classic Chrysler/Jeep-Dodge onto the subject site. The existing Classic Chrysler/Jeep-Dodge dealership, Classic Mazda dealership, and Jim McNatt Toyota-Honda dealership are located across I-35E from the subject property. Although most of the autodealership within the vicinity of the site are located across the Interstate (I-35E) from the subject site, the general area is developed as a trade area for auto dealership. Therefore rezoning the subject property to allow development of an auto salesand repairis not out of character with the surrounding uses.In addition, the Hyundai auto dealership is located approximately 1,250 feet north from the subject property. It is staff determination that this rezoning request and development of the site for auto dealership has the potential to drawmore customers to theauto trade area and increase the benefits associated with the clustering of such similar uses. Water, sewer, and transportation demands have been evaluated by the Development Review Committee (DRC) and deemedadequateto facilitate development of the site.Fire Protection Service to the site has also been evaluated, the City of Denton Fire Station #6services this area. Findings-of-Fact 1.This request is to rezone the property from Regional Center Residential 1 (RCR-1) to Regional Commercial Downtown (RCC-D). 2.The intentof this rezoning request is to develop the subject property for auto salesand repair. 3.The property is currently located within the Regional Mixed Use CentersFuture Land Use category. Per the Denton Plan,Regional Mixed Use Centersfuture land use areas are intended to provideconvenience and comparative shopping for goods and services to an individual neighborhood as well as the entire city and surrounding areas. 4.Per the Denton Plan, auto dealers are the typical service types within the Regional Mixed Use Activity Centersfuture land use. 5.There are four zoning districts within Regional Mixed Use Centers future land use category. These zoning districts are; Regional Center Residential 1 (RCR-1), Regional Center Residential 2 (RCR-2), Regional Center Commercial Neighborhood (RCC-N), and Regional Center Commercial Downtown (RCC-D). 6.Per Section 35.5.5.2 of the Denton Development Code (DDC), auto sales are permitted only in the RCC-D zoning district. 7.The property is currently vacant. According to Denton County Appraisal District informationand the applicant, the property has previously been used for agriculture. 8.The request for Regional Center Commercial Downtown (RCC-D) zoning district designation to allow auto sales on the subject property conformsto the purpose of Regional Mixed Use Centersfuture land use. 9.A large portion of the site, specifically the northern section covering approximately 4.68 acres, isin the 100 yearFlood Plain. 10.Adjacent zoning district include Regional Center Commercial Downtown (RCC-D) to the south and west, Planned Development District (PD 132-The Preserve) and Neighborhood Residential 6(NR-6) to the north,and Regional Center Residential 1(RCR-1) to the east of the subject site. 11.The subject site is not located within any special overlay districts or areas. 12.The property will be served by the City of Denton water system. Water is available from the existing 16-inch main along Shady Shores Road and I-35. In order to be served by City’s sewer system, Applicant would have to install a private grinder pump lift station on their property, acquire easements from offsite property owners, and design and install a public force main from Applicant’s site to either (A) the existing 8-inch gravity main approx. 1/4-mile to the northwest; or (B) the existing 8-inch gravity main along Sun Ray Street, approx. 200 feet to the north (across the DCTA A- train corridor). Per Denton Development Code 35.21.11.1, ‘Alternative water and sewer systems will be considered for developments that are located in areas that are impractical or economically infeasible to connect to the City’s centralized water distribution and/or wastewater collection system.’ The DDC is available at www.cityofdenton.com. Given the distance from existing City sewer mains, City would not object to this property being served by a private on-site sewage facility. 13.There are no planned publicimprovements for potable water or sanitary sewer facilities serving the subject site. 14.The anticipated peak water demand is approximately 3 gallons per minute (GPM) for the entire development including the proposed 14,300 square feet building. 15.The anticipated peak sewer demand is approximately 2 gallons per minute (GPM) for the entire property including the 14,300 square feet building. 16.Anticipated storm water demand is approximately 41.3cubic feet per second (CFS). 17.The property has frontage on I-35E service road and Shady Shores Road. I-35E is classified as a freeway per the City of Denton Mobility Plan. Shady ShoresRoadis classified as Secondary Arterial Street. 18.Per Section 35.20.4.D of the DDC, access to I-35 service road will be prohibited, unless no other reasonable means of access to the site is available. 19.Anticipated transportation demand is 476vehicle trips per day. 20.According to the City of Denton Fire Department, this property is serviced by the City’s Fire Station #6, located at 3232Teasley Lane. Development Review Committee Based upon the information provided by the applicant and a recent site visit, the Development IS CONSISTENT Review Committee finds that the request with the existingland uses and IS CONSISTENTIS CONSISTENT general character of the area, with the Denton Plan, and with the Denton Development Code. Based upon the findings-of-fact, the Development Review Committee (DRC) recommends APPROVAL ofthis rezoning request. GENERAL NOTES NOTE: Approval of this request shall not constitute a waiver or variance from any applicable development requirement unless specifically noted in the conditions of approval and consistent with the Denton Development Code. NOTE:All written comments made in the application and subsequent submissions of information made during the application review process, which are on file with the City of Denton, shall be considered to be binding upon the applicant, provided such comments are not at variance with the Denton Plan, Denton Development Code or other development regulations in effect at the time of development. Surrounding Zoning Designations and Current Land Use Activity: Northwest:North:Northeast: RCC-D; VacantNR-6/PD 132; Vacantand Single-PD 132; Single-family homes Family homes West:Subject Property:East: RCR-1; Vacant RCR-1; UndevelopedRCR-1; Vacant Southwest:South:Southeast: RCR-1/PD;1-35E and Auto RCR-1/RCC-D; I-35ERCC-D;Vacant Dealership Source: City of Denton Geographical Information System and site visit by City staff Comprehensive Plan: A.Consistency with Goals, Objectives and Strategies The subject site is within the Regional Mixed Use Centersfuture land use category. Per the Denton Plan, “Regional Mixed Use Activity Centers” future land useareas are intendedto provide convenient and comparative shopping for goods and services to an individual neighborhood as well as the entire city and surrounding area. Typical service area and population are multi-county area and up to 250,000 people. Activity and type of development in this zoning district are geared toward comparative purchases. Automobile dealers are the typical service types. The request to rezone the property from RCR-1to RCC-Dis to facilitate development of the property for auto salesand repair. Many customers purchasing auto vehiclesdedicate considerable time comparing prices. Hence, the rezoning of the subject property to allow auto sales conformsto the intent of the “Regional Mixed Use Centers”future land use. In addition, the auto sales will draw people from the city as well as outside the city limits. This enhances the regional draw anticipated by development within the Regional Mixed-Use Activity Centers. It is worth noting that rezoning of the subject property to RCC-Dwill allow other uses, such as movie theaters.The tableof uses distinguishing permitteduses in the RCR-1 and RCC-D zoning districts is attached in Exhibit 10of this report. Although, rezoning theproperty from RCR-1 to RCC-D has the potential to allow uses that will not have been permitted in the RCR-1 zoning district, the applicant has indicated preciseuse of the property. In addition, location of the subject propertyto I-35E roadwaymakes it feasible to develop it forauto sales, and is appropriate for commercial uses and activitiesminimally impacted by traffic noise. Zoning Allocation: The site encompasses approximately 10.56 acres zoned RCR-1. This rezoning requestwould affect the zoning allocation of the RCR-1 and RCC-Dzoning districts within the city. Currently, there is approximately 568.97acres of land within the city that is zoned RCR-1. If the applicant’s proposal is approved, the RCR-1allocation within the city will decrease to 558.41 acres. The RCC-Dallocation within the city will increase from 1,934.84acres to approximately 1945.4acres. Zoning Allocation Current Allocation Proposed Allocation Zoning District (acres)(acres) RCR-1 568.97558.41 RCC-D 1,934.841945.4 Nearest Elementary, Middle, and High School: This is a non residentialrezoning request.Staff doesnot anticipate generation of studentsto impact existing school facilities. Nearest Fire, and EMS Station Approximate Distance From Name of Station Subject Property Fire/EMSFire Station #6, 3232 Teasleylane±3.3 miles Source: City of Denton GIS, Fire Department, and EMS Water and Wastewater Demand and Capacity: A.Estimated Demand and Service Provider: Subject PropertyEstimated Impact Analysis Adequate to Serve (Yes 10.56 ± acresProposed Demand or No) 14,300 square feet of Gross Permitted DensityYes Floor Area Potable Water Consumption3 gpm (peak)Yes (GPM) Wastewater 2 gpm (peak)Yes Generation (GPM) B.Available Capacity: The capacities of the existing water distribution and sewer collection systems in the area are not sufficient to serve the ‘highest and best use’ (Multifamily; 100 dwelling units per acre) associated with the proposed RCC-D zoning designation. However, these systems do have sufficient capacities to serve the proposed improvements associated with the project that the Applicant intends to development (14,300 SF of Gross Floor Area for Car Sales and Vehicle Repair). There is adequate water and sanitary sewercapacity to accommodate this rezoning to develop 14,300 square feet building. C.Planned Capital Improvements Projects (CIP): There are no planned public improvements for potable water, sanitary sewer, and drainage or transportation facilities serving the subject site. Roadways/Transportation Network: A.Estimated Demand: Subject PropertyEstimated Impact Analysis Adequate to Serve (Yes or 10.56acresProposed Demand No) 14,300 square feet of Gross Permitted DensityYes Floor Area Average Annual 476Yes Daily Trips (AADT) PM Peak Hour Trips39Yes B.Available Capacity: The street serving the subject site has adequate capacity. C.Roadway Conditions: I-35 E service road is an improved asphalt surface roadway. According to TxDOT, I-35 E along property frontage will be expanded in the future to an 8-lane divided highway, with 4-lane divided HOV lanes and 3-service road lanes on each side of the highway. Shady Shores Road is classified as an unimproved asphalt surface roadway. Any proposed development shall be required to improve this street along theproperty frontage with 25-ft wide asphalt or concrete pavement, curb and gutter and 8-ft sidewalk. D.CIP Planned Improvements: The City of Denton has no planned improvement for thetransportation facilities serving the subject site.However, there are proposed expansion to the section of Inter State 35E fronting the property. Environmental Conditions: A.Surface Water: There is no surface water on site. B.Environmentally Sensitive Areas: A portion of, specifically the northern section covering approximately 4.68 acres, is in the 100 year floodplain.Development within this portion of the site is limited. Wells (Public/Private): There are no wells, public or private on site. Any future development would be served by City potable water. Airports: The subject site is not located within the Denton Municipal Airport’s ACLUD zones. Electric: The new electric service will be per DME’s Electric Service Standard available at www.dmepower.com Park Facilities: No comment. Comments from other Departments: N/A. Exhibit 2 Site Location/Aerial Map Subject Site 10.56 Acres Classic Chrysler Dealership N Exhibit 3 Existing Zoning Map Subect Site j Classic Chrysler Dealership N Exhibit 4 Proposed Zoning Map Subject Site Classic Chrysler Dealership N Exhibit 5 Future Land Use Map Subject Site N Exhibit 6 Survey Subect Site j Exhibit 7 Notification Map Public Notification Date: 4/10/13 200’ Legal Notices sent: 9 500’ Courtesy Notices sent: 40 Number of responses to 200’ Legal Notice: In Opposition: 0 In Favor: 0 Neutral: 0 Exhibit 8 Notice of Public Hearing Responses Exhibit 9 Letter from Applicant Exhibit10 ListofusesinRCC-DandRCR-1ZoningDistricts Subchapter 5 Development Code 35.5.5 Regional Mixed Use Centers Sections: 35.5.5.1 Purpose. 35.5.5.2 Permitted Uses. 35.5.5.3 General Regulations. 35.5.5.1 Purpose. The purpose of Regional Mixed Use Centers is to create centers o employment and institutional facilities supported by and servingon. Land Use categories within Regional Mixed Use Centers include: RCR-1 Regional Center Residential 1 RCR-2 Regional Center Residential 2 RCC-N Regional Center Commercial Neighborhood RCC-D Regional Center Commercial Downtown 35.5.5.2 Permitted Uses. The following uses are permitted within Regional Mixed Use Cente Residential Land Use Categories RCR-1 RCR-2 RCC-N RCC-D Agriculture P P P P Livestock L(7) L(7) L(7) L(7) Single Family Dwellings N N N N Accessory Dwelling Units N N N N Attached Single Family Dwellings P P P P Dwellings Above Businesses P P P P Live/Work Units P P P P Duplexes N N N N Community Homes For the Disabled P P P P Group Homes SUP SUP SUP SUP L(6) & L(6) & Multi-Family Dwellings L(4) L(4) L (4) L(4) N N N N Fraternity or Sorority House N N N N Dormitory Manufactured Housing Developments N N N N P= Permitted, N=not permitted, SUP= Specific Use Permit Required defined in Section 35.5.8 5-25 Subchapter 5 Development Code Commercial Land Use Categories RCR-1 RCR-2 RCC-N RCC-D Home Occupation P P P P Sale of Products Grown on Site N N N N Hotels N N P P Motels N N P N Bed and Breakfast L(8) L(9) L(9) P Retail Sales and Service L(17) L(17) L(13) P Movie Theaters SUP SUP P P Restaurant or Private Club L(11) L(11) P P Drive-through Facility N N P P Professional Services and Offices L(15) L(14) P P Quick Vehicle Servicing N N P P Vehicle Repair N N N P Auto and RV Sales N N N P Laundry Facilities P P P P Equestrian Facilities N N N N Outdoor Recreation SUP SUP N N Indoor Recreation N N P P P P Conference/Convention Centers N N Major Event Entertainment N N SUP SUP Commercial Parking Lots N N P P Administrative or Research Facilities SUP SUP L(14) P Broadcasting of Production Studio SUP SUP P P Sexually Oriented Business N N N N Temporary Uses L(38) L(38) L(38) L(38) P= Permitted, N=not permitted, SUP= Specific Use Permit Required defined in Section 35.5.8 5-26 Subchapter 5 Development Code Industrial Land Use Categories RCR-1 RCR-2 RCC-N RCC-D Printing / Publishing N N N N Bakeries N N L(21) P Manufacture of Non-odoriferous Foods N N N N Feed Lots N N N N Food Processing N N N N Light Manufacturing N N N L(23) Heavy Manufacturing N N N N Wholesale Sales N N N N Wholesale Nurseries N N N N N N Distribution Center/Warehouse, General N N L(13) L(13) Warehouse, Retail N N Self-service Storage N N N N Construction Materials Sales N N N N Junk Yards and Auto Wrecking N N N N Wrecker Services and Impound Lots N N N N Kennels N N N N Veterinary Clinics SUP SUP L(14) P Sanitary Landfills, Commercial N N N N Incinerators, Transfer Stations SUP SUP Gas Wells L(27) L(27) L(27) L(27) P= Permitted, N=not permitted, SUP= Specific Use Permit Required defined in Section 35.5.8 5-27 Subchapter 5 Development Code Institutional Land Use Categories RCR-1 RCR-2 RCC-N RCC-D Basic Utilities SUP SUP SUP SUP Community Service P P P P Parks and Open Space P P P P Churches P P P P Semi-public, Halls, Clubs, and Lodges P P P P Business / Trade School N N L(14) P Adult or Child Day Care P P P P Kindergarten, Elementary School P P P N Middle School P P P P High School SUP SUP P P Colleges N N P P Hospital N N P P Elderly Housing P P P P Medical Centers SUP SUP P P Cemeteries N N N N Mortuaries N N P P WECS (Free-standing Monopole Support SUP SUP SUP SUP Structure) WECS (Building-mounted) SUP SUP SUP SUP P= Permitted, N=not permitted, SUP= Specific Use Permit Required defined in Section 35.5.8 5-28 Subchapter 5 Development Code 35.5.5.3 General Regulations. General regulations of the Regional Mixed Use Centers are contai General Regulations RCR-1 RCR-2 RCC-N RCC-D Minimum lot area (square feet) None None None None Minimum lot width 50 feet 20 feet 20 feet None Minimum lot depth 80 feet 60 feet 50 feet None Minimum front yard setback 10 feet 10 feet 10 feet None Minimum side yard 6 feet 6 feet 6 feet None Minimum side yard adjacent to a street 10 feet 10 feet 6 feet None 10 feet 10 feet plus 1 plus 1 foot for foot for each each Minimum rear yard foot of foot of None None building building height height above above 30 feet 30 feet 30 feet 30 feet 30 feet 30 feet plus 1 plus 1 plus 1 plus 1 foot for foot for foot for foot for each each each each Minimum yard abutting a single family foot of foot of foot of foot of use or district building building building building height height height height above above above above 30 feet 30 feet 30 feet 30 feet Minimum residential unit size 600 SF 500 SF 500 SF 500 SF Maximum FAR 0.50 0.75 1.5 3.0 Maximum Density, dwelling units per 30 40 80 100 acre Maximum Lot Coverage 55% 75% 85% 90% Minimum Landscaped Area 45% 25% 15% 10% Maximum building height 40 feet 50 feet 65 feet 100 feet Maximum WECS height 55 feet 60 feet 75 feet 110 feet 5-29 Exhibit 11 Site Photos Looking East toward Property Looking East toward Property Looking South From Property Looking West toward Existing Chrysler/Dodge Dealership Property Looking north on I-35E Exhibit12 PlanningandZoningCommission,April24,2013MeetingMinutes Development District (PD 173); being a replat of Lots 13 and 14, Block A of Section 2-3 of PD 173. The 0.56 acre site is located east of Ed Robson Boulevard and north of Robson Ranch Road. (FR13-0004, Robson Ranch Section 2-3, Nana Appiah) 1 E. Consider approval of a six month extension of the Preliminary Plat for Elk Springs Addition (PP08-0018). The approximately 38.45-acre site is located on the south side of I-35E Frontage Road and north of Unicorn Lake Boulevard. The property is located within a Regional Center Commercial Downtown (RCC-D) zoning district. (PE13-0001, Elk Springs, Johnna Matthews) 2 F. Consider approval of a six month extension to the Preliminary Plat of the Teasley Trails Addition (PP11-0002). The approximately 53.1-acre site is located on the west side of Teasley Lane (F.M. 2181), north of Ryan Road. The subject site is zoned both Neighborhood Residential 3 (NR-3) and Neighborhood Residential Mixed Use 12 (NRMU- 12). (PE13-0002, Teasley Trails, Cindy Jackson) 3 4Commissioner Devin Taylor motioned, Commissioner Thom Reece seconded to approve the 5Consent Agenda. Motion approved (7-0). 6 4.PUBLIC HEARINGS: 7 A. Hold a public hearing and consider making a recommendation to City Council regarding a rezoning from Regional Center Residential 1 (RCR-1) to a Regional Center Commercial Downtown (RCC-D) zoning district on approximately 10.56 acres. The subject property is generally located east of I-35E and north of Shady Shores Road. (Z13-0002, Classic Chrysler Dodge Jeep, Nana Appiah) 8 9Appiah stated this request is to rezone the property from a Regional Center Residential 1 to a 10Regional Center Commercial Downtown zoning district. The business will expand across the 11highway and will remain a valid business on both sides of the highway. The purpose of the 12rezoning is to provide convenience and comparative shopping for goods and services to an 13individual neighborhood as well as the entire city and surrounding area. Appiah stated staff sent 14nine (9) notices to property owners within 200 feet of the subject site; and 40 courtesy notices to 15property owners within 500 feet of the subject site. At the time of this meeting staff has only 16received 1 returned notice in opposition to the request. 17 18Taylor stated the public notice card that was returned indentified concerns with traffic to the 19current road. Taylor questioned if there would be improvements to the current road; Arora stated 20the Texas Department of Transportation has expansion proposed for I-35. The frontage road will 21improve by 25 feet, which includes sidewalk expansion. Taylor questioned if it would be 2 lanes; 22Arora stated it is an arterial road which would be 4 to 6 lanes. Schaake questioned if applicant 23was present. 24 4 1Ron Hamm, Speed Fab-Crete, 1150 East Kennedale Parkway, Kennedale, Texas 2Hamm stated staff did a great job presenting this item; it should be zoned to go with the property 3across the highway. Schaake opened the Public Hearing. 4 5August Olim, 6009 Sun Ray Drive, Denton, Texas 6Olim stated his concern with this request is the flow of traffic in the area. There is already a large 7volume of traffic in the area with work and school hours as well. Schaake closed the Public 8Hearing. 9 10Commissioner Thom Reece motioned, Commission Jim Strange seconded to approve this 11request. Motion approved (7-0). 12 5.FUTURE AGENDA ITEMS: Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the Planning and Zoning Commission or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting. 13 14Bentley stated he has two items that he would like to be placed as a Work Session item on the 15agenda within the next two weeks. The first item is in regards to if a project meets the 16requirements of the Denton Development Code that it is required for this Commission to pass it 17if staff recommends approval. Bentley also referred to the terminology in the staff backup that 18states “The Development Review Committee recommends approval or denial of this request”. 19Bentley stated Lockley clarified previously that the term “approved” does not mean that staff 20approves this project; it means the project meets all the criteria of the Denton Development 21Code. Bentley requested the statement reflect that in cleaner language or be removed from the 22staff reports. Schaake stated staff will work on those items and bring them back before this 23Commission as a Work Session item. Lockley stated staff is working on land use assumptions, 24which will be brought before this Commission as a Work Session item. Schaake closed the 25Regular Meeting at 7:05 p.m. 26 27 5 Exhibit 13 Ordinance s:\legal\our documents\ordinances\I3�z13-0002 classic used cars.doc ...,a..� ,�..,�..... 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