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September 09, 2014 Agenda
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H MO JWA-OL -PKF7 E##Y'$!"#<!3 &-'#HHAE@B?#- # )!#6!7*.#W/!'#J!! &'(.# 3 0#"!./-'$# 1-,'3&4#-"# )!#/,=4&3#8& )#./!3& &3# *3 ,*4#&' -"%* &-'#-"#"!3& -#/4*3!# )!#%* !"#-'# )!#*(!'$*# -"#*'#,/3-%&'(#%!! &'(## b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mmmmmmmm$*2#- #mmmmmmmmmmmmmmmmmmm0#?@AB#* mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm 1M6R#<I1FI6 FR bW6ID6GI#1M6R#WQ#5Ib6Wb#1M6R#1WYb1Ma#1G JUIF<#M<# 11I<<MUaI#Mb# 11WF5 b1I#:M6G#6GI# JIFM1 b<#:M6G#5M< UMaM6MI<# 16E##6GI#1M6R#: TFWcM5I#<MXb#a bXY XI#Mb6IFTFI6IF<#QWF#6GI#GI FMbX#MJT MFI5#MQ#F 6#aI <6#BZ#GWYF<#Mb# 5c b1I#WQ#6GI#<1GI5YaI5#JII6MbXE##TaI <I#1 1M6R#<I1FI6 FRn<#WQQM1I# 6#CB>SZC@>#WF#Y<I#6IaI1WJJYbM1 6MWb<#5I 6GI#5I Q#N655O#UR#1 aaMbX#ASZ@@SFIa RS6d#<W#6G 6# #<MXb#a bXY XI Mb6IFTFI6IF#1 b#UI#<1GI5YaI5#6GFWYXG#6GI#1M6R#<I1FI6 FR`<#WQQM1I +, -)./)0#$ .$' (#)<)'1,$ #2).$)345467*8 City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0470,Version:1 Agenda Information Sheet DEPARTMENT:Finance CM/ ACM:Bryan Langley Date:September 9, 2014 SUBJECT Receiveareport,holdadiscussion,andgivestaffdirectionontheFY2014-15ProposedBudget,Capital Improvement Program, and Five-Year Financial Forecast. BACKGROUND TheFY2014-15CityManagersProposedBudgetwassubmittedtotheCityCouncilonJuly25.Staff providedtheCityCouncilwithacomprehensiveoverviewoftheproposedbudgetataBudgetWorkSessionon July31,2014.TheProposedBudgetwasdiscussedagainonAugust5,August12andAugust19.Inaddition, staff also provided two memorandums responding to various questi AsaresultofdiscussionswiththeCityCouncilonAugust19,thefollowingchangesareplannedfor incorporation into the final version of the budget that will be Airport Fund DuetorecentnegotiationsregardingalandpurchasefortheAirport,staffisproposingtoincreasethe expenditureauthorityforthisfundby$291,296.Inaddition,projectedfranchisefeepayments($24,899)bythe Airportarealsoproposedtoincreaseasaresultofincreasedgroundleaserevenues($187,546)associatedwith theabovereferencedlandpurchase.Reservesarealsoplannedtobedrawndownbyanadditional$128,649as a result of the increased expenditures. Airport Fund: City Managers Proposed FY 2014-15 Revenue Budget$4,251,182 Increased Airport ground lease revenues$187,546 Increase in use of reserves$128,649 Total Revised FY 2014-15 Proposed Revenue Budget$4,567,377 City Managers Proposed FY 2014-15 Expenditure Budget$4,251,182 City of DentonPage 1 of 3Printed on 9/5/2014 powered by Legistar" File #:ID 14-0470,Version:1 Increased capital project transfers$291,296 Increased franchise fee payments$24,899 Total Revised FY 2014-15 Proposed Expenditure Budget$4,567,377 General Government Capital Improvement Program (CIP) Theoverallplannedbondsale(GOs&COs)forFY2014-15isproposedtodecreaseby$500,000from $32,000,000to$31,500,000.Thechangeisassociatedwithadelayintheissuanceof$500,000inCOsforthe initialphaseoftheAirportsWestSideRunwayproject.TheCitywouldnowproposetoissuethefullamount oftheprojectinFY2015-16,ratherthanissuetheamountsintwoseparateyears.TheamountforFY2015-16 would be $1,200,000. Inaddition,staffwouldproposetoissueanadditional$300,000forfirestationimprovementsandreducethe previouslyproposedamountforbuilding/landacquisitionandimprovementsby$300,000.Thischangehasno impact on the CIP budget. Lastly,theAirportsrevenuefundedlandacquisitionprojectisproposedtoincreaseanadditional$291,296to $2,000,000 as a result of recent negotiations. AlloftheabovechangesarereflectedintheattachedBudgetResourceandExpenditureSummary(Exhibit1) and the General Government CIP (Exhibit 2). Insummary,thetotalrevisedCityofDentonbudget(includinggrantsandcapitalprojects)isrecommendedto increaseby$107,491to$907,884,034comparedtotheCityManagersProposedBudgetof$907,776,543.The revisedbudgetandtaxratewillbepresentedforadoptiontotheCityCouncilonSeptember16.Additionally, staffhasincludedrevisedWaterRate(Exhibit3)andMiscellaneousCharges(Exhibit4)Ordinancesforthe Councils review. Adoption of all rate ordinances is also sched Strategic Plan AspartoftheFY2014-15budgetprocess,staffpresentedanupdatedversionoftheStrategicPlantotheCity Councilforconsideration.Additionally,staffalsoprovidedtheCityCouncilwiththeFY2014-15proposed KeyPerformanceIndicators(KPIs)foreachoftheStrategicPlangoals.TheupdatedStrategicPlanandKPIs areattachedasExhibit5.TheformaladoptionoftheFY2014-15StrategicPlanisscheduledforCityCouncil consideration on September 16. Salary and Benefits Survey TheCityCouncilpreviouslyrequestedacopyofthemostrecentsalaryandbenefitssurveyconductedbythe firmofT.R.EdgarandAssociates.Staffhasincludedthesurveyalongwithacovermemo(Exhibit6)forthe Councils review. Community Market Update OnAugust29,2014,staffmetwitharepresentativeoftheCommunityMarketandobtainedacopyoftheir501 (c)3eligibilityletterfromtheInternalRevenueService.Staffprovidedinformationtotherepresentative City of DentonPage 2 of 3Printed on 9/5/2014 powered by Legistar" File #:ID 14-0470,Version:1 regardingtheCitysHotelOccupancyTax(HOT)programandrequestedthatacompleteapplicationbe submittedtotheCitybySeptember12,2014foradditionalverificationofeligibility.TheCommunityMarket hasproposedabudgetof$15,950(Exhibit7)whichincludes$10,000infundingfromHOTFunds.The proposedbudgetalsoincludesrequestedfundingofupto$5,950inone-timefundsfromtheCitysGeneral Fund,whichtheCityCouncilpreviouslyrecommendedtoallocatefromtheirFY2014-15proposed contingencyfunds.ThisfundingallocationwillreduceCouncilContingencyfundsto$11,550($1,650per member) for FY 2014-15. Inadditiontotheabovefunds,theFY2014-15ProposedBudgetfortheGeneralFundalsoincludes$3,200in fundingforportablerestroomfacilitiesfortheCommunityMarket.Thesefundswerebudgetedforthis purposebeginninginFY2013-14.Thesethreefundingsourcestotal$19,150insupportoftheCommunity Market.UponreceiptofapplicationfortheHOTprogram,staffwillplantosubmitanagreementtotheCity Council for consideration of all Community Market funding source EXHIBITS 1.Revised FY 2014-15 Budget Resources and Expenditure Summary 2.Revised Five Year General Government CIP 3.Water Rate Ordinance Redlined 4.Miscellaneous Charges Ordinance Redlined 5.FY 2014-15 Strategic Plan 6.Salary and Benefits Survey 7.Community Market Proposed Budget Respectfully submitted: Chuck Springer Director of Finance Prepared by: Antonio Puente, Jr. Assistant Director of Finance City of DentonPage 3 of 3Printed on 9/5/2014 powered by Legistar" "5$'%4 2%3/52#% É %80%.$)452% 35--!29 2014-15 2012-132013-142013-142014-15 2%3/52#%3 ACTUALBUDGET%34)-!4% PROPOSED '¤¤± « &´£ a 92,958,765a 99,275,260a 98,275,260a 102,846,640 '¤¤± « $¤¡³ 3¤±µ¨¢¤ &´£ 40,591,365 44,277,495 44,269,862 52,579,539 %«¤¢³±¨¢ &´£ 152,061,374 168,359,750 174,966,124 167,044,830 7 ³¤± &´£ 42,991,052 42,905,805 42,643,426 46,202,271 7 ²³¤¶ ³¤± &´£ 27,263,206 30,327,234 29,162,591 30,925,904 3®«¨£ 7 ²³¤ &´£ 25,009,653 26,353,035 26,226,754 27,802,592 !¨±¯®±³ &´£ 2,385,504 2,779,363 2,594,955 4,567,377 4¤¢§®«®¦¸ 3¤±µ¨¢¤² &´£ 8,760,469 9,006,772 8,946,772 11,320,223 - ³¤±¨ «² - ¦¤¬¤³ &´£ 6,385,451 9,927,952 8,484,981 9,164,317 &«¤¤³ - ¦¤¬¤³ &´£ 10,188,188 13,776,595 10,487,351 12,701,893 2¨²ª 2¤³¤³¨® &´£ 2,642,182 3,020,448 2,953,079 3,210,614 (¤ «³§ )²´± ¢¤ &´£ 20,346,611 25,355,219 22,405,208 27,490,268 %¦¨¤¤±¨¦ 3¤±µ¨¢¤² &´£ - 4,223,144 3,993,631 4,658,066 3³±¤¤³ )¬¯±®µ¤¬¤³ &´£ 7,108,410 8,379,203 8,350,238 10,181,026 (1) -¨²¢¤«« ¤®´² &´£² 6,719,926 10,318,076 9,510,448 8,409,679 4/4!, /0%2!4).' 2%3/52#%3 a 445,412,156a 498,285,351a 493,270,680a 519,105,239 '± ³ 0±®¦± ¬ 6,296,010 4,766,074 4,766,074 3,975,555 () # ¯¨³ « )¬¯±®µ¤¬¤³² 0±®¦± ¬ 85,027,636 323,657,313 90,851,279 385,296,443 4/4!, 2%3/52#%3 a 536,735,802a 826,708,738a 588,888,033a 908,377,237 2012-132013-142013-142014-15 EXPENDITURESACTUALBUDGET%34)-!4% PROPOSED '¤¤± « &´£ a 92,958,765a 99,275,260a 98,275,260a 102,846,640 '¤¤± « $¤¡³ 3¤±µ¨¢¤ &´£ 39,842,996 44,277,495 44,236,176 52,579,539 %«¤¢³±¨¢ &´£ 152,061,374 168,359,750 174,966,124 167,044,830 7 ³¤± &´£ 40,549,198 42,905,805 42,207,368 46,202,271 7 ²³¤¶ ³¤± &´£ 26,845,554 30,327,234 29,162,591 30,925,904 3®«¨£ 7 ²³¤ &´£ 24,349,988 26,312,990 26,218,706 27,802,592 !¨±¯®±³ &´£ 2,385,504 2,779,363 2,594,955 4,567,377 4¤¢§®«®¦¸ 3¤±µ¨¢¤² &´£ 8,657,419 9,006,772 8,946,772 11,320,223 - ³¤±¨ «² - ¦¤¬¤³ &´£ 6,385,451 9,927,952 8,484,981 9,164,317 &«¤¤³ - ¦¤¬¤³ &´£ 10,161,060 13,725,975 10,486,151 12,649,694 2¨²ª 2¤³¤³¨® &´£ 2,567,286 3,020,448 2,943,968 3,210,614 (¤ «³§ )²´± ¢¤ &´£ 19,608,362 25,355,219 21,440,563 27,490,268 %¦¨¤¤±¨¦ 3¤±µ¨¢¤² &´£ - 4,067,969 3,592,611 4,636,101 3³±¤¤³ )¬¯±®µ¤¬¤³ &´£ 6,770,168 8,379,203 8,350,238 10,181,026 (1) -¨²¢¤«« ¤®´² &´£² 5,433,388 10,049,064 8,111,057 7,990,640 4/4!, /0%2!4).' %80%.$)452%3 a 438,576,512a 497,770,499a 490,017,521a 518,612,036 '± ³ 0±®¦± ¬ 3,305,763 4,766,074 4,766,074 3,975,555 (2) # ¯¨³ « )¬¯±®µ¤¬¤³² 0±®¦± ¬ 85,027,636 323,657,313 90,851,279 385,296,443 4/4!, %80%.$)452%3 a 526,909,911a 826,193,886a 585,634,874a 907,884,034 (1) -¨²¢¤«« ¤®´² &´£² ¨¢«´£¤ ³§¤ 2¤¢±¤ ³¨® &´£þ 4®´±¨²³ É #®µ¤ 0 ±ª² ' ² 7¤«« &´£þ 4±¤¤ -¨³¨¦ ³¨® &´£þ 0´¡«¨¢ %£´¢ ³¨® '®µ )¢±¤¬¤³ 2¤¨µ¤²³¬¤³ :®¤ &´£þ 7¤²³¯ ±ª 4 · )¢±¤¬¤³ 2¤¨µ¤² 0 ±ª , £ $¤£¨¢ ³¨® 4±´²³ &´£þ 0 ±ª $¤µ¤«®¯¬¤³ 4±´²³ &´£þ 0®$®¶³®¶ 2¤¨µ¤²³¬¤³ &´£ (2) &9 0±®¯®²¤£ "´£¦¤³ ¨¢«´£¤² ¯¯±®·¨¬ ³¤«¸ a ¬¨««¨® ¨ ³§¤ - ¸§¨«« 2® £ £ "®¨¤ "± ¤ 3³±¤¤³ ¤·¯ ²¨® ¯±®©¤¢³² (³®³ Exhibit 2 02/0/3%$ &)6%9%!2 #!0)4!, )-02/6%-%.4 02/'2!- '%.%2!, '/6%2.-%.44 #!3( 2%15)2%-%.43 DIV./DEPT.CATEGORY2014-15 TransStreetsa 4,000,000 Trans 400,000 0´¡«¨¢ !±³ Various&´³´±¤ '/ "®£ 0±®¦± ¬ 19,000,000 '¤¤± « /¡«¨¦ ³¨® "®£² 23,400,000 Fire&¨±¤ 3³ ³¨® )¬¯±®µ¤¬¤³² 800,000 Facilities"´¨«£¨¦ , £ !¢°´¨²¨³¨® £ )¬¯±®µ¤¬¤³² 700,000 Airport7¤²³ 3¨£¤ 2´¶ ¸ - Parks#¨µ¨¢ #¤³¤± 0®®« )¬¯±®µ¤¬¤³² 1,600,000 Fleet6¤§¨¢«¤ %°´¨¯¬¤³ 2¤¯« ¢¤¬¤³²2,900,000 Streets6¤§¨¢«¤ %°´¨¯¬¤³ !££¨³¨®²600,000 Build/Equip& ¢¨«¨³¸ - ¨³¤ ¢¤ 0±®¦± ¬441,500,000 Trans- ³¢§¨¦ &´£² ¥®± 2® £ )¬¯±®µ¤¬¤³² - #¤±³¨¥¨¢ ³¤² ®¥ /¡«¨¦ ³¨®8,100,000 Airport, £ !¢°´¨²¨³¨® 2,000,000 Streets6¤§¨¢«¤ %°´¨¯¬¤³ !££¨³¨®²575,715 Fleet6¤§¨¢«¤ %°´¨¯¬¤³ !££¨³¨®²183,830 2¤µ¤´¤ &´£¤£2,759,545 '2!.$ 4/4!,a 34,259,545 2¤µ¤´¤ &´£¤£a 2,759,545 '¤¤± « /¡«¨¦ ³¨® "®£²23,400,000 #¤±³¨¥¨¢ ³¤² ®¥ /¡«¨¦ ³¨® 8,100,000 '2!.$ 4/4!,a 34,259,545 0« ¤£ "®£ 3 «¤a 31,500,000 4$®¤² ®³ ¨¢«´£¤ ¥´£² µ ¨« ¡«¤ ¥±®¬ ¯±¨®± ¸¤ ± ² «¤² 44 & ¢¨«¨³¸ - ¨³¤ ¢¤ 0±®¦± ¬ ¨² ¥®± (6!#þ &«®®±¨¦þ 2®®¥ 2¤¯« 02/0/3%$ &)6%9%!2 #!0)4!, )-02/6%-%.4 02/'2!- '%.%2!, '/6%2.-%.44 #!3( 2%15)2%-%.43 2015-162016-172017-182018-19 4/4!, a 4,000,000 a 4,000,000 a - a - a 12,000,000 - - - - 400,000 6,500,000 15,000,000 19,000,000 19,000,000 78,500,000 10,500,000 19,000,000 19,000,000 19,000,000 90,900,000 - - - - 800,000 - - - - 700,000 1,200,000 - - - 1,200,000 - - - - 1,600,000 3,300,0003,600,0002,700,0003,400,00015,900,000 - - - - 600,000 1,500,0001,500,0001,500,0001,500,0007,500,000 8,500,000 - - - 8,500,000 14,500,0005,100,0004,200,0004,900,00036,800,000 - - - - 2,000,000 - - - - 575,715 - - - - 183,830 - - - - 2,759,545 a 25,000,000 a 24,100,000 a 23,200,000 a 23,900,000 a 130,459,545 Exhibit 3 ORDINANCE NO. 20143-XXX AN ORDINANCE AMENDING THE SCHEDULE OF WATER RATES CONTAINED IN ORDINANCE NO. 20123-21435FOR WATER SERVICE RATES AND WATER RATES; AMENDING THE RESIDENTIAL WATER SERVICERATE(SCHEDULE WR); AMENDING THE COMMERCIAL/INDUSTRIAL WATER SERVICE RATE (SCHEDULE WC); AMENDING THE METERED WATER FROM FIRE HYDRANTRATE(SCHEDULE WFH); AMENDING THE WHOLESALE TREATED WATER SERVICERATETO THE UPPER TRINITY REGIONAL WATER DISTRICT (SCHEDULE WW); AMENDING THE WHOLESALE RAW WATER SERVICERATETO UPPER TRINITY REGIONAL WATER DISTRICT (SCHEDULE WRW);AMENDING THE WHOLESALE RAW WATER PASS- THROUGH RATE TO UPPER TRINITY REGIONAL WATER DISTRICT FROM LAKE CHAPMAN INTO LAKE LEWISVILLE (SCHEDULE WCL); AMENDING THEWATER TAP AND METER FEES; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Rate Schedules for water service as provided for in Chapter 26 of the Code of Ordinances, are amended to read as follows: WATER RATE SCHEDULES PAGE WRResidential Water Service2 WCCommercial/Industrial Water Service Rate6 WFHMetered Water FromFire Hydrant9 WWWholesale Treated Water Service to Upper Trinity Regional Water District10 WRW Wholesale Raw Water Service to Upper Trinity Regional Water District 12 WCL Wholesale Raw Water Pass-Through to Upper Trinity Regional Water District 13 from Lake Chapman into Lake Lewisville Water Tap and Meter Fees14 Fire Hydrant Installation 16 Water Laboratory Testing Fees 17 Special Facilities Rider 18 Special Conditions Rider18 Exhibit 3 SCHEDULE WR RESIDENTIAL WATERSERVICE (Effective 10/01/134) APPLICATION Applicable for single-family residential service, and individually-metered apartments, mobile homes, or multi-family facilities with less than four units, with wastewater service within the corporate limits (WR) ofthe City of Denton, Texas. Applicable for single-family residential service, and individually-metered apartments, mobile homes, or multi-family facilities with less than four units outside the corporate limits of the City of Denton, (WRO) Texas with or without wastewater service. Applicable where the metered water is used for domestic purposes and is not returned to the (WRN) wastewater system for collection and treatment. Applicable where the metered water is used for landscape irrigation purposes and is not returned to (WRI) the wastewater system for collection and treatment. Applicable where metered water is outside the corporate limits of the City of Denton, Texas and is used for landscape irrigation purposes and is not returned to the wastewater system for collection and (WRIO) treatment. Not applicable to resale, temporary, standby, or supplementary service except in conjunction with applicable rider. (WR) MONTHLY RATE – RESIDENTIAL WATER SERVICE; (WRN) AND MONTHLY RATE – METERED WATER NOTRETURNED TO WASTEWATER SYSTEM FOR COLLECTION AND TREATMENT (1)Facility ChargePer Bill 3/4 inchMeter$ 13.4513.85 1 inch Meter $ 17.8518.40 1-1/2 inchMeter $ 23.1523.85 2 inchMeter $ 29.4530.35 (2)Volume Charge Rate Per 1,000 Gallons RATE BLOCK PER 30 DAYS WINTER SUMMER Billing months ofBilling months of NOV. through APRILMAY through OCT. 0-15,000 gals$ 3.703.80 $ 3.703.80 15,001-30,000 gals$ 3.703.80 $ 5.355.50 30,001-50,000 gals$ 3.703.80 $ 7.207.40 2 Exhibit 3 Over 50,000 gals$ 3.703.80 $ 9.459.75 (WRO) MONTHLY RATES – WATER SERVICE OUTSIDE CORPORATE LIMITS MONTHLY RATE (1)Facility ChargePer Bill 3/4 inchMeter $ 15.4515.90 1 inch Meter $ 20.5521.15 1-1/2inchMeter $ 26.6027.40 2 inch Meter $ 33.8534.90 (2)Volume Charge Rate Per 1,000 Gallons RATE BLOCK PER 30 DAYS WINTERSUMMER Billing months Billing months NOV through APRILMAY through OCT 0-15,000 gals $4.254.35 $4.254.35 15,001-30,000 gals$4.254.35 $6.156.35 30,001-50,000 gals$4.254.35 $8.308.50 Over 50,000 gals $4.254.35 $10.8511.20 (WRI) MONTHLY RATES – METERED WATER SERVICE FOR IRRIGATION MONTHLY RATE (1)Facility ChargePer Bill 3/4 inchMeter$13.4513.85 1 inchMeter $17.8518.40 1-1/2inchMeter $23.1523.85 2 inch Meter $29.4530.35 (2)Volume Charge Rate Per 1,000 Gallons RATE BLOCK PER 30 DAYS WINTERSUMMER Billing months Billing months NOV through APRILMAY through OCT 0-15,000 gals $3.703.80 $5.355.50 15,001-30,000 gals$3.703.80 $7.207.40 Over 30,000gals $3.703.80 $9.459.75 3 Exhibit 3 (WRIO) MONTHLY RATES – METERED WATER SERVICE FOR IRRIGATION MONTHLY RATE (1)Facility Charge Per Bill 3/4 inchMeter $15.4515.90 1 inchMeter $20.5521.15 1-1/2inchMeter $26.6027.40 2 inch Meter $33.8534.90 (2)Volume Charge Rate Per 1,000 Gallons RATE BLOCK PER 30 DAYS WINTERSUMMER Billing months Billing months NOV through APRILMAY through OCT 0-15,000 gals $4.254.35 $6.156.35 15,001-30,000 gals$4.254.35 $8.308.50 Over 30,000gals $4.254.35 $10.8511.20 MINIMUM BILLING Facility Charge PAYMENT Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet Customer's service requirements shall be provided, subject to the Special Facilities Rider. VOLUME CHARGE Billing for the water consumption shall be based on the gallon consumption during the billing period. Formula: Gallons in rate block rate per 1,000 gal. in rate block 1,000 gallons 4 Exhibit 3 RETAIL WATER RATES UNDER DROUGHT CONTINGENCY PLAN CONDITIONS – ORDINANCE NO. 2012-064. Under Stage 3 drought conditions, residential customers shall be charged a 20% surcharge penalty for water usage greater than 30,000 gallons per account per thirty (30) days. Under Stage 4 drought conditions, residential customers shall be charged a 20% surcharge penalty for water usage greater than 15,000 gallons per account per thirty (30) days. 5 Exhibit 3 SCHEDULE WC COMMERCIAL/INDUSTRIAL WATER SERVICE RATE (Effective 10/01/134) APPLICATION Applicable to all commercial and industrial users, or other water users not otherwise classified under (WC) this ordinance, for all water provided at one point of delivery and measured through one meter. Applicable for all commercial and industrial users or other users not otherwise classified under this ordinance outside of the corporate limits of the City of Denton for all water service provided at one (WCO) point of delivery and measured through one meter, with or without wastewater service. Applicable where the metered water is used for commercial purposes and is not returned to the (WCN) wastewater system for collection and treatment. Applicable where metered water is used for landscape irrigation purposes and is not returned to the (WCI) wastewater system for collection and treatment. Applicable where metered water is outside the corporate limits of the City of Denton, Texas and is used for landscape irrigation purposes and is not returned to the wastewater system for collection and (WCIO) treatment. Not applicable to resale service in any event, nor to temporary, standby, or supplementary service except in conjunction with applicable rider. (WC)(WCN) MONTHLY RATE and (1) Facility Charge Per Bill 3/4 inchMeter $21.9522.60 l inch Meter $26.2527.05 l - l/2inchMeter $31.1032.05 2 inch Meter $41.3542.60 3 inch Meter $89.0591.70 4 inch Meter $175.05180.30 6 inchMeter $240.35247.55 8 inch Meter $335.60345.70 10inch Meter $480.90495.35 (2) Volume Charge $4.054.15per 1,000 gallons 6 Exhibit 3 (WCO) MONTHLY RATE – OUTSIDE CORPORATE LIMITS (1) Facility ChargePer Bill 3/4 inch Meter$25.2526.00 1 inch Meter$30.2031.10 1-1/2inch Meter$35.7536.85 2 inch Meter$47.5549.00 3 inchMeter $102.40105.45 4 inch Meter $201.30207.35 6 inch Meter $276.40284.70 8 inch Meter $385.95397.55 10inch Meter $553.05569.65 (2) Volume Charge $4.654.75per 1,000 gallons (WCI) - MONTHLY RATE IRRIGATION (1) Facility Charge Per Bill 3/4 inchMeter $21.9522.60 1inch Meter $26.2527.05 l -l/2inch Meter $31.1032.05 2 inch Meter $41.3542.60 3 inch Meter $89.0591.70 4 inch Meter $175.05180.30 6 inchMeter $240.35247.55 8 inchMeter $335.60345.70 10inch Meter $480.90495.35 (2)Volume Charge Rate Per 1,000 Gallons WINTERSUMMER Billing months ofBilling months of NOV. through APRILMAY through OCT. $4.054.15 $5.355.50 (WCIO) - MONTHLY RATE IRRIGATION (1) Facility Charge Per Bill 3/4 inch Meter$25.2526.00 1 inch Meter$30.2031.10 1-1/2inchMeter$35.7536.85 2 inch Meter$47.5549.00 3 inch Meter $102.40105.45 4 inch Meter $201.30207.35 6 inch Meter $276.40284.70 8 inch Meter $385.95397.55 10inch Meter $553.05569.65 7 Exhibit 3 (2)Volume Charge Rate Per 1,000 Gallons WINTERSUMMER Billing months ofBilling months of NOV. through APRILMAY through OCT. $4.654.75 $6.156.35 MINIMUM BILLING Facility Charge PAYMENT Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet Customer's service requirements shallbe provided, subject to the Special Facilities Rider. VOLUME CHARGE Billing for the water consumption shall be based on the consumption during the billing period. Formula: Gallons consumption Rate per 1,000 gallons 1,000 COMMERCIAL/INDUSTRIAL WATER RATES UNDER DROUGHT CONTINGENCY PLAN CONDITIONS –ORDINANCE NO. 2012-064. Under Stage 3 drought conditions,Commercial/Industrial customers shall be charged a 20% surcharge penalty for water usage above80% of prior billing volumes per account per thirty (30) days. Under Stage 4 drought conditions,Commercial/Industrial customers shall be charged a 20% surcharge penalty for water usage above 70% of prior billing volumes per account per thirty (30) days. 8 Exhibit 3 SCHEDULE WFH METERED WATER FROM FIRE HYDRANT (Effective 10/01/134) APPLICATION Applicable for all water taken through a fire hydrant or other direct distribution line source at one location for private or commercial use not associated with fire fighting. Customers must complete, sign, and agree to all terms and conditions stated in the “Fire Hydrant Meter Use Agreement.” DEPOSIT $1,100per meter User shall place a deposit each time a City's hydrant meter(s) is requested. The deposit will be returned when meter is returned and final bill is paid. NET RATE Volume Charge $5.055.20per 1,000 gallons Monthly volume shall be computed by subtracting the beginning meter reading from the ending meter reading dividedby 1,000, and multiplied times the volume charge, upon the monthly return of the meter to the Water Department for reading. Per the “Fire Hydrant Meter Use Agreement”, failure rd by the Customer to return the meter to water utilities by the 3day of each month for reading, results in acceptance by the Customer to pay a monthly billing equal to 100,000 gallons of water usage for the month. Facility Charge $98.35101.30per bill PAYMENT Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from date of issuance. COMMERCIAL/INDUSTRIAL WATER RATES UNDER DROUGHT CONTINGENCY PLAN CONDITIONS – ORDINANCE NO. 2012-064. Under Stage 3 drought conditions, Commercial/Industrial customers maybe charged a 20% surcharge penalty for water usage above 80% of prior billing volumes per account per thirty (30) days. Under Stage 4 drought conditions, Commercial/Industrial customers maybe charged a 20% surcharge penalty for water usage above 70% of prior billing volumes per account per thirty (30) days. 9 Exhibit 3 SCHEDULE WW WHOLESALE TREATED WATER SERVICE TO UPPER TRINITY REGIONAL WATER DISTRICT (Effective 10/01/134) APPLICATION Applicable to all wholesale treated water sales from the City of Denton, Texas to the Upper Trinity Regional Water District (UTRWD) Not applicable for temporary, standby, or supplementary service. MONTHLY CHARGES The monthly charge for service shall be expressed as a facility charge, a volume price per 1,000 gallons and a demand price per million gallons per day (MGD) of demand. (WW2/WW3) (1) Facility Charge $249.00256.50 per bill (2) Water Volume Rate $0.50per 1,000 gallons (WD2/WD3) (3) Subscribed Demand Rate $576,105593,402per MGD (Annual) 12 (Paid Monthly) *Full Payment of Annual Water Demand Adjustments: As determined in the last month of each fiscal year (September), if any outstanding or unpaid annual water demand adjustment charges exist, they shall be included in their entirety on the monthly billing for the following month of October. Water demand adjustment charges shall be billed and payable in full, in accordance with the bill payment delinquency provisions provided for below. MINIMUM BILLING The minimum monthly billing shall be the sum of the monthly facility charge plus the monthly subscribed demand rate charge. WATER DEMAND The demand will be billed on a monthly basis at the Water Demand Rate for the subscribed MGD water demand level. Annual water demand charges will be retroactively adjusted up beginning in June for each water year, if anytime during the fiscal year the actual peak demand required, as established by the highest rate of flow controller setting for any one day during the fiscalyear, is greater than the peak demand subscribed during the fiscal year. 10 Exhibit 3 BILL PAYMENT DELINQUENCY Bills shall be due and payable when rendered. Bills are considered delinquent if not paid within twenty (20) calendar days of the date a bill for service is rendered. There shall be a ten (10%) percent per annum interest charge on the amount due, from the date when due until paid, if not paid within twenty (20) calendar days of the date a bill for service is rendered. 11 Exhibit 3 SCHEDULE WRW WHOLESALE RAW WATER SERVICE TO UPPER TRINITY REGIONAL WATER DISTRICT (Effective 10/01/134) APPLICATION Applicable to all raw water sales from the City of Denton, Texas to the Upper Trinity Regional Water District (UTRWD), per the Interim Sale of Wholesale Raw Water Contract MONTHLY CHARGES The monthly charge for service shall be expressed as a volume price per 1,000 gallons. Volume Charge:$0.45524771 per 1,000 gallons PAYMENT th Denton shall render bills by the tenth (10) day of each month. Bills shall be due and payable within twenty (20) calendar days of the date a bill is rendered. BILL PAYMENT DELINQUENCY Bills shall be due and payable when rendered. Bills are considered delinquent if not paid within 20 calendar days of the date a bill for service is rendered. There shall be a ten (10%) percent per annum interest charge on the amount due, from the date when due until paid, if not paid within twenty (20) calendar days of the date a bill for service is rendered. 12 Exhibit 3 SCHEDULE WCL WHOLESALE RAW WATER PASS-THROUGH TO UPPER TRINITY REGIONAL WATER DISTRICT FROM LAKE CHAPMAN INTO LAKE LEWISVILLE (Effective 10/01/134) APPLICATION Applicable to all pass-through raw water sent from Lake Chapman into Lake Lewisville by the Upper Trinity Regional Water District (UTRWD) per the Cooper Reservoir Project Contract, as well as, all Lake Chapman water reclaimed for reuse if discharged into and subsequently withdrawn from Lewisville Lake by UTRWD or Lewisville pursuant to a reuse permit or other appropriate regulatory authorization. MONTHLY CHARGES The monthly charge for service shall be expressed as avolume price per 1,000 gallons. Volume Charge:$0.02539per 1,000 gallons PAYMENT Denton shall render bills monthly. Bills shall be due and payable within twenty (20) calendar days of the date a bill for service is rendered. BILL PAYMENT DELINQUENCY Bills shall be due and payable when rendered. Bills are considered delinquent if not paid within twenty (20) calendar days of the date a bill for service is rendered. There shall be a ten (10%) percent per annum interest charge on the amount due, from the date when due until paid, if not paid within twenty (20) calendar days of the date a bill for service is rendered. 13 Exhibit 3 WATER TAP AND METER FEES (Effective 10/01/134) APPLICATION This schedule applies to the installation, removal, or relocation of water taps and meters by the City of Denton Utility Department at the request of a person, firm, association or corporation. TAP AND METER FEES Any person, association of persons, or corporation that requests that a water main tap, water meter or water meter loop, be removed, installed, or relocated by the Utility Department shall pay in advance to the Utility Department the following applicable fees: WATER TAPS WITH METER TapMeter Paved StreetUnpaved Street 1 inch5/8inch x 3/4 inch $2,105.002,405.00 $1,305.001,605.00 1 inch3/4 inch x 3/4 inch $2,145.002,545.00$1,345.001,645.00 1 inch1 inch $2,175.002,575.00 $1,375.001,675.00 2 inch1-1/2inch $2,970.003,070.00 $1,970.002,070.00 2 inch2 inch $2,980.003,080.00 $1,980.002,080.00 WATER METER FEES Size of Meter 5/8inchx3/4 inch$305.00 3/4 inchx3/4 inch $345.00 1 inch $375.00 1-1/2inch$670.00 2 inch $680.00 WATER METER RELOCATIONS Size of MeterRelocation of 10 Feet or Less 3/4 inch $285.00 1 inch $285.00 1-1/2inch $340.00 2 inch $390.00 14 Exhibit 3 WATER LINE TAPS Size of TapPaved StreetUnpaved Street 1 inch $1,800.002,100.00$1,000.001,300.00 2 inch $2,300.002,400.00$1,300.001,400.00 4 inch$3,600.00$2,100.00 6 inch $3,800.00$2,200.00 8 inch $4,800.00$3,100.00 12inch $5,500.00$4,000.00 FEES FOR INSTALLATIONS NOT LISTED For the installation of a tap, loop or meter for which a fee is not specified, the requestor shall pay in advance a 50% deposit based upon the estimated cost of such installation, or similar work, plus an administrative charge of 20%. Upon completion of the installation, the applicant shall be billed at actual cost, as determined by the Utility Department, plus a 20% administrative charge. The installation charges may be waived by the Utility Department for a request to install taps exclusively dedicated to fire sprinkler systems. 15 Exhibit 3 FIRE HYDRANT INSTALLATION (Effective 10/01/134) APPLICATION This schedule applies to the installation, removal, or relocation of fire hydrants by the City of Denton Utility Department at the request of a person, firm, association or corporation. FIRE HYDRANT INSTALLATION FEES Any person, association of persons, or corporation that requests that a fire hydrant be removed, installed, or relocated by the Utility Department shall pay in advance to the Utility Department the following applicable fees: Fire Hydrant InstallationPaved StreetUnpaved Street Installation Fee$5,350.006,200.00 $3,950.004,300.00 FEES FOR INSTALLATIONS NOT LISTED For the installation of a fire hydrant for which a fee is not specified, the requestor shall pay in advance a 50% deposit based upon the estimated cost of such installation, or similar work, plus an administrative charge of 20%. Upon completion of the installation, the applicant shall be billed at actual cost, as determined by the Utility Department, plus a 20% administrative fee. 16 Exhibit 3 WATER LABORATORY TESTING FEES (Effective 10/01/134) APPLICATION Applicable to all customers and entities requesting testing and analysis services from the City of Denton Water/Wastewater Laboratory RATE Fee Description Fee Per Test Colilert (P/A), (Total Coliform, E. coli)$20.00 Colilert Quantitray(MPN), (Total Coliform, E. coli) $25.00 Colilert Quantitray (MPN), (Fecal Coliform) $25.00 Heterotrophic Plate Counts (HPC)$25.00 Fecal Coliform (MF)$30.00 Records Search – per hour$25.00/hour The testing and analysis fees are established to recover the cost of testing water and wastewater samples. MINIMUM BILLING $20.00 - Testing $25.00 - Records Search PAYMENT Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from date of issuance. 17 Exhibit 3 SPECIAL FACILITIES RIDER (Effective 10/01/134) All service shallbe offered from available facilities. If a Customer service request for a special or unusual service not otherwise provided for by the water rate ordinance, and/or requires facilities or devices which are not normally and readily available at the location at which the Customer requests the service, then the City shall provide the service subject to the requirements of paragraph 2 of this Rider. The total cost of all facilities required to meet the Customer's special requirements, which are incurred by the City in connection with rendering the service shall be subject to a special contract entered into between the Water Utility Department and the Customer. This contract shall be signed by both parties prior to the City providing the requested service to the Customer. SPECIAL CONDITIONS RIDER (Effective 10/01/134) If a special condition or circumstance exists not otherwise provided for by the water rate ordinance, then the City shall have the authority to provide for the special condition subject to the requirements of paragraph 2 of this Rider. Any billing adjustments in connection with any special condition or circumstance shall be at the discretion of the Director of Water Utilities or his designee. 18 Exhibit 3 SECTION 2.All ordinances or parts of ordinances in force when the provisions of this ordinance became effective which are inconsistent or in conflict with the terms of provisions contained in the amended schedule of rates hereby enacted by this ordinance, are hereby repealed to the extent of any such conflict. 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 affect 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 such invalidity. SECTION 4.The Schedule of Rates herein adopted shall be effective, charged and applied to all water consumption occurring on and after October 1, 20134; and a copy of said rates, fees, and charges shall be maintained on file in the Office of the City Secretary of Denton, Texas. PASSED AND APPROVED this the _____ day of __________________ 20134. ________________________________ MARK A. BURROUGHSCHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: __________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS,CITY ATTORNEY By: ___________________________________ 19 Exhibit 4 ORDINANCE NO. 20134-XXX AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR THE SCHEDULE OF MISCELLANEOUS FEES, DEPOSITS, BILLINGS AND PROCEDURES FOR ADMINISTRATIVE SERVICES TO CITY UTILITIES CUSTOMERS CONTAINED IN ORDINANCE NO. 20123-211233;AMENDMETER RECONNECTION PROCESS CHARGE;AMEND MISCELLANEOUS FEES, CHARGES AND DEPOSITS;ADDING THE CREDIT CARDPROCESSING SERVICE FEE;PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; ANDPROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITYOF DENTON HEREBY ORDAINS: SECTION 1.That the schedule of charges for general utility services as generally provided for in Chapter 26 of the Code of Ordinances; and for services to other City of Denton customers and taxpayers, are hereby established as follows: SERVICE CHARGES AND PROCEDURES SCHEDULES A.ACCOUNT CONNECTION AND RECONNECTION CHARGES PAGE Meter Connection Charge 3 Meter Reconnection Process Charge 3 Unauthorized Usage Penalty 4 New Customer Application Charge 4 B.METER CHARGES Meter Reading 5 Meter Testing 5 Meter Tampering and/or Damage Charge 5 Meter Inaccessibility Charge 6 C.MISCELLANEOUS FEES, CHARGES AND DEPOSITS Returned Payment Charge 7 Service Deposits 7 Exhibit 4 Waiver of Service Deposits 8 Late Payment Charge Due on Delinquent Balances 8 Interest Charge on Past Due Account Balance 9 Interest Earned on Contract Retainage 9 Credit Card Processing Service Fee 9 2 Exhibit 4 ACCOUNT CONNECTION AND RECONNECTION PROCESS CHARGES (Effective 10/01/134) For the purposes of this rate schedule, business hours shall be defined as Monday through Friday, 8:00 AM to 5:00 PM. METER CONNECTION CHARGE APPLICATION Applicable when a customer requests service on a first time basis where no permanent service previously existed and where a new account number is established or, when a customer requests service at an address which has existing or previous service, with an existing account number and history, and the electric and/or water meter must be installed or activated for readiness. CHARGE First Service Requested $23.00 First Service Requested, guaranteed $61.00 same day service First Service Requested, after $61.00 business hours METER RECONNECTION PROCESS CHARGE APPLICATION Applicable when a customer’s account is processed for disconnection due to nonpayment. CHARGE Delinquent Service Fee $46.00 (When service is disconnected at the electric meter socketor the water meter) Delinquent Service Fee $168.00 (When a servicetruckisrequiredor the water meter has been removed) Reconnect Charge, guaranteed same day service (In addition to delinquent service fees) $61.00 3 Exhibit 4 Reconnect Charge, guaranteed same day service (When a servicetruckisrequired or the water meter has been removed) $231.00 When more than one trip, within twenty-four (24) hours, is required to restore a customer’s service, a Return Trip Charge, in addition to the Reconnection Charge, shall be applied for each additional trip. Return Trip Charge during business hours $23.00 Return Trip Charge after business hours $61.00 UNAUTHORIZED USAGE PENALTY APPLICATION Applicable to any customer that fails to request connection of services within 24 hours of occupancy in a new service location. CHARGE Unauthorized Usage Penalty $30.00 NEW CUSTOMER APPLICATION FEE APPLICATION Applicable when a customer requests new service or is added to an existing account and provides Social Securityor Tax ID information to verify identity and credit history. CHARGE New ResidentialCustomer Application Charge - per person $3.00 New Commercial Customer Application Charge $16.00 4 Exhibit 4 METER CHARGES (Effective 10/01/134) METER READING APPLICATION Applicable to any electric or water utility customer who requests a reading of a city meter due to a contested billing more than twice in the previous twelve (12) months, and no error is found. CHARGE Per Additional Reading $46.00 METER TESTING APPLICATION Applicable to any customer who requests the testing of a city meter previously tested within the past four (4) years and the meter is found to be within accuracy standards. CHARGE Per Test $62.00/KWH Electric Meter $93.00/KW/KWH Electric Meter $93.00 Water Meter ACCURACY STANDARDS A meter is defined as within accuracy standards when found to be plus or minus two percent (2%) or less. METER TAMPERING AND/OR DAMAGE CHARGE APPLICATION Applicable to any person that tampers with, damages, or illegally connects to a city electric, water, or wastewater utility system. CHARGE Per Event$310.00minimum per electric connection per system Per Event $200.00 minimum per water connection per system 5 Exhibit 4 METER INACCESSIBILITY CHARGE APPLICATION Applicable to any customer who prevents the regular and routine reading, maintenance, repair or removal of any city meter due to inaccessibility of the meter. CHARGE Per event $46.00 6 Exhibit 4 MISCELLANEOUS FEES, CHARGES, AND DEPOSITS (Effective 10/01/134) RETURNED PAYMENT CHARGE APPLICATION Applicable when a customer’s or taxpayer’s check,or money order, or bank draft for payment of fees, fines, court costs, taxes, utilities, or other charges has been dishonored by the maker’s bank and returned to the City of Denton unpaid. CHARGE Per Check $27.00 SERVICE DEPOSITS APPLICATION Applicable when a residential customer requests utility service in the City of Denton service area and does not have twelve (12) months of good credit standing with the City of Denton or demonstrates a passing credit rating through an external credit reporting agency. Applicable when a commercial customer does not have twenty-four (24) months of good credit standing with the City of Dentonor demonstrates a passing credit rating through an external credit reporting agency. Not applicable whena commercial customer provides an irrevocable letter of credit to the City of Denton as security for payment. CHARGE Residential CustomerAn amount up to 1/6 of the last 12 months of billing at the service location. If utility service is disconnected for non-payment or the account is consistently past due, then the customer will be required to pay a deposit sum up to1/6 of the last 12 months of billing at the service location. Commercial CustomerAn amount up to 1/6 of the last 12 months of billing at the service location. If utility service is disconnected for non-payment or the account is consistently past due, then the customer will be required to pay a deposit sum up to 1/6 of the last 12 months of billing at the service location. Deposits will earn interest for the customer. The applicable rate of interest will be adjusted semi-annually to equal the rate of a one-year United States Treasury Note on October 1 and 7 Exhibit 4 April 1 of each year. If refund of deposit is made within thirty (30) days of receipt of deposit, no interest payment will be made. If the City retains the deposit more than thirty (30) days, payment of interest, at the current rate, shall be made retroactive to the date the deposit was paid, A.Payment of the interest to the customer shall be made at the time the deposit is returned or credited to the customer’s account. B.The deposit shall cease to earn interest on the date it is returned or credited to the customer’s account. WAIVER OF SERVICE DEPOSITS APPLICATION Applicable when an Applicant is a citizen of the City of Denton, Texas and who also is a “victim of family violence,” applies for utility service in the City of Denton, Texas. To be aqualified as a “victim of family violence” an Applicant must secure and provide a certification letter, provided by one of the certifying entities to the Utilities Customer Service Department. If a proper, dated and completed certification letter is presented by or on behalf of the Applicant to the Utilities Customer Service Department, and its issuance is verified by the Utilities Customer Service Department, then the requirement of a utility deposit shall be waived for that Applicant. This provision isapplicable solely to “victims of family violence” as defined by Texas Family Code, §71.004, as amended. No other relief from the City’s utility rates, or deposits, or charges, or fees is hereby provided to “victims of family violence.” LATE PAYMENT CHARGE DUE ON DELINQUENT BALANCES APPLICATION To cover a portion of the administrative costs of collecting past due balances, a late payment charge shall be assessed on the fifth business day following the due date. CHARGE $20.00 late payment charge 8 Exhibit 4 INTEREST CHARGE ON PAST DUE ACCOUNT BALANCE APPLICATION Interest shall be assessed on any past due account balance (excluding late payment charges) that remains unpaid at the time of the current month’s billing calculation. The interest provided for andassessed herein shall be due and payable on the due date of the current month’s billing statement. CHARGE1% / month on all past due charges and account balances unpaid at the time of the current month’s billing calculation.** **Under no circumstances shall the interest charge provided for herein exceed the legal rate of interest. To the extent that it does so, the charge is inadvertent, and the City intends only to assess, charge and collect such interest rate that does not exceed the highest lawful rate. INTEREST EARNED ON CONTRACT RETAINAGE Contract retainage will earn interest for the contractor as provided by TEX. REV. CIV. STAT. ANN. Article 6252, Sec.5b (Vernon Supp. 1992). The rate of interest will be adjusted semi- annually to equal the interest rate of a one year United States Treasury Note on October 1 and April 1 of each year. Payment of the interest shall be made at the time the retainage is paid to the contractor. CREDIT CARD PROCESSING SERVICE FEE APPLICATION Applicable when a non-residential customerremits payment for fees, fines, court costs, taxes, utilities, or other charges using a credit card. Charge is assessed by the City of Denton’s payment processing vendor after the customer has confirmed the payment amount and authorized the fee. CHARGE Per Payment Transaction 2.7%of the payment amount remitted using the non- residential customer’s credit card 9 Exhibit 4 SECTION 2. All ordinances or parts of ordinances in force when the provisions of this ordinance became effective which are inconsistent, or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. 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 affect 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 such invalidity. SECTION 4. This ordinance shall become effective, charged, and applied to all services occurring on and after October 1, 20134; and a copy of said fees and charges shall be maintained on file in the Office of the City Secretary of Denton, Texas. PASSED AND APPROVED this the _______ day of _______________________, 20134. _________________________________ MARK A. BURROUGHSCHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: __________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS,CITY ATTORNEY 10 Exhibit 4 By: ___________________________________ 11 Exhibit 6 Compensation Survey Page 1 of 3 --8595 MEMORANDUM DATE: September 5, 2014 TO: Honorable Mayor and Members of the City Council FROM: George C. Campbell, City Manager SUBJECT: 2014Salary Survey Results Attached is a summary report from the wage and salary survey that was conducted by T. R. Edgar and Associates in June/July of 2014. Please note that the attached report does not reflect market data for our electric positions. We have partnered with the cities of Garland and Bryan to have a wage and salary survey conducted specific to the Electric industry. Those results should be reported to us by the end of September 2014. The City contracted with T.R. Edgar and Associates in 2006 to implement a new compensation plan for Denton Municipal Electric and in 2007 for the remainder of the organization (except Police and Fire). With the implementation of the new compensation plan, which was effective October 1, 2007, one of our objectives was to ensure that wages/salaries remained competitive when compared with the appropriate external labor market. To that end, we periodically conduct to determine the average pay (. Benchmark jobs are jobs that share some commonality across organizations, such as a Heavy Equipment Operator or an Accountant. Benchmark organizations share some commonality as well. Factors used to identify benchmark organizations include similar positions, competition for jobs, location/proximity, services provided, and size. We have focused on more of the cities within the DFW metroplex area, major employers in Denton, and other organizations specific to the Water, Wastewater, and Solid Waste industry. A lisiting of the organizations that responded is included on page 5 of the report. www.cityofdenton.com ADA/EOE/ADEA 8/29/14 H:\COMP\Annual Comp Proposal Budget Info\FY14-15\Memo to CC re comp survey results.doc Compensation Survey Page 2 of 3 There are some anolomies that need to be reviewed further; however, the report reflects that our salaries for the benchmark positions surveyed are competitive overall. When reviewing the report, though, there are a few things that should be considered: While the consultant tries to review the information reported and follow up on any questions or outliers, wage/salary survey data is only as good as the person completing the survey. The consultant included a summary of job responsibilities and minimum qualifications for each position included in the survey; however, one common pitfall of salary surveys is that respondents may match a job based on title alone. Wage and salary survey information is dynamic. Information can change rapidly with many variables affecting the data both in our organization and the survey organizations. Such variables include, but are not limited to, turnover, compensation practices when making new hire pay decisions, reclassification of positions, pay increases, etc. We attempt to survey comparable organizations, but cities in the region. As you know, because of the diversity of services offered by Denton, there are more demands placed on our City employees. For example, one anomoly reported (paid in excess of the market) is our Customer Services Manager. Most of the organizations surveyed do not have an Electric Utility operation which greatly impacts the services provided by our Customer Service Department and subsequently affects the knowledge, skills, and abilities needed by our Customer Service Manager. Survey data provides an EXTERNAL perspective only and can not help determine the INTERNAL equity of our positions (how one position relates to another). Since no two organizations are exactly alike -- in terms of their size, their organizational hierarchy, their culture, their pay philosophy, their pricing structure etc. -- this data should only be used as a gauge to help determine the value of our positions. Based on the survey results, we are not recommending increasing the wage and salary ranges of our pay plan. However, part of our compensation philosophy states: Because we strive to hire and retain quality staff, we believe it necessary - and appropriate - to compensate employees at the midpoint when compared with other employees possessing similar skills and qualifications in the labor market. In support of that philosophy, the FY 14/15 proposed budget includes equity adjustments for their pay range, assuming acceptable performance. Employees who have been employed longer than a year but less than five years on their performance review date and whose pay falls below the midpoint would be eligible for a 1% increase. Employees who have been employed five years or longer on their performance review date and whose pay falls below the midpoint would be eligible for a 2% increase. Although we have made some progress since implementing equity adjustments in FY 11/12, we still have approximately 50% of our workforce below the midpoint for their pay range. www.cityofdenton.com ADA/EOE/ADEA 8/29/14 H:\COMP\Annual Comp Proposal Budget Info\FY14-15\Memo to CC re comp survey results.doc Compensation Survey Page 3 of 3 Another important component of our compensation plan is recognizing and rewarding employees for their individual contributions to the goals of the City. Therefore, the FY 14/15 proposed budget also includes an average merit increase of 3% for non-civil service employees. This percentage increase is consistent with what we are seeing with other organizations (based on HR literature, survey results from other cities, and T.R. Edgars survey results (reference page 9 of the report)). As you know, our employees are truly our greatest resource. The Strategic Plan we have adopted, and the pay philosophy we have implemented reflects this sentiment. I am confident that the compensation adjustments proposed in the FY 2014-will continue to support our employees and these initiatives. If you have any questions, or need any additional information, please let me know. Attachment www.cityofdenton.com ADA/EOE/ADEA 8/29/14 H:\COMP\Annual Comp Proposal Budget Info\FY14-15\Memo to CC re comp survey results.doc 2014 CITY OF DENTON WAGE/$ALARY and BENEFITS SURVEY REPORT TO PARTICIPANTS Conducted by: T.R. Edgar & Associates On behalf of: City of Denton July 2014 WAGE/$ALARY and BENEFITS SURVEY Table of Contents Foreword ...................................................................................... 2 Survey Participants .................................................................... 3 Consultant Comments: General Information ....................... 4 General Information Questionnaire Results ....................... 5 Consultant Comments: Benefits .............................................. 9 Benefits Questionnaire Results ............................................ 13 Consultant Comments: Wage/Salary Data ........................ 27 Reported Wage and Salary Data ........................................... 29 Supplemental Pay Survey Results ........................................ 36 1 WAGE/$ALARY and BENEFITS SURVEY Foreword In April of 2014, T.R.Edgar & Associates was retained by the City of Denton to conduct a Wage/Salary and Benefits survey. Employers were selected by the City based on the type of positions they had and their geographic location. 90 positions were surveyed, each of which was described briefly to facilitate job matching. Positions covered most all of the major City functions; General Fund, Solid Waste, and Water/WasteWater. No positions within the Electric Utility were specifically identified for inclusion in the survey. Questionnaires were sent out in mid-May to gather information about each participants type and size, benefits, and wage/salary rates and practices. The results of all the data collected from 26 separate organizations, including the City of Denton, have been tabulated and are represented on the following In order, you will find the results of the General Employer Infoefits, and, finally, the Wages/Salaries matched to each of the 90 positions surveyed. I have provided a narrative summarizing the results of each sectio along with some observations about comparisons with other indust I trust that you will find the results beneficial and that they will aid assessing your compensation and benefits practices within your e I want to thank my colleague, Eileen Taylor, for all of her hard work in assembling the data and in performing her excel magic. Finally, I want to thank all of you for your cooperation and your patience in responding to our many que Tom Edgar, President T.R. Edgar & Associates 703-620-0554 tedgar@tredgar.com 2 WAGE/$ALARY and BENEFITS SURVEY Survey Participants Ana-Lab Corporation City of Irving City of Allen City of Lewisville City of Arlington City of North Richland Hills City of Carrollton City of Mesquite City of Coppell City of McKinney City of Dallas City of Richardson City of Denton Denton Independent School District City of Farmers Branch North Texas Municipal Water District City of Frisco Texas Womans University City of Grand Prairie Upper Trinity Regional Water District Town of Flower Mound Participants by Profile Private Employer Educational 8% Institution 8% Water Utility 15% Municipality 69% 3 WAGE/$ALARY and BENEFITS SURVEY Consultant Comments: General Information Question 1: Of the 26 respondents to the General Information Survey, 18 (69.2%) were from Municipalities. Clearly, the results were substantially influenc their (collective) compensation and benefit policies and practices. Approximately 15% of the respondents were from Water facilities. The remaining respondents (4) were from two industry segmentsand provide no individual statistical significance. Question 2:Determining the size and scope of an employers operation is an consideration in determining the comparability of the wage/salarefits information reported. For Municipalities, Operating Budget is generally a go served. Regardless of the relevant measure for a specific organi reflect that respondents are fairly large the average number ofemployees is 1,728, the average operating budget is close to $400M, and average customer Question 3: All but 3 of the employers responding to this question indicated that they formal compensation program. With total rewards representing such a significant component of employers operating expenses and with the need to attract, r employees, it should surprise no one that almost all companies hof a structured approach to compensation. Question 4: All but 3 of the employers responding to this question formally budget the wage/salary increases. This is consistent with the responses to Question 5: Average wage/salary increases for both exempt/nonexempt employeeere reported at 3% per annum. Projections for 2015 are the same. This result is consistent with the national average across all industries. Since emerging from the economic crisis in 2008, companies have been very conservative in granting raises. In each of the past 5years, average increases have risen slightly from a low of 2.4% to 2.9% in the last couple of years. Employers appear confident enough now to budget 3% for 2015. Question 6: 10 (47.6%) of the 21 respondents to this question offer any additional form of cash compensation such as a bonus, an incentive payment, profit something comparable. Since additional forms of cash compensation are rare in Municipalities (at least in my experience), I find the number of employers doing more thabase salary somewhat surprising. Perhaps, the push by compensation professionals to a catching on. 4 WAGE/$ALARY and BENEFITS SURVEY General Information Questionnaire Results Q1. What industry best reflects the Number Reporting % of Total category of your organization? Educational Institution 2 8% Municipality 18 69% Private Employer2 8% Water Utility 4 15% Total 26 100% Q2. What best represents the Average Number Reporting size/scope of your organization? Reported Revenue5 $384 million Operating Budget20 $388.8 million Number of Customers 16 404,789 Number of Employees 25 1,728 Q3. Does your organization have a Number Reporting % of Total formal compensation program? Yes 23 88% No 3 12% Total 26 100% Comments: Step Plan. Compare survey average range midpoints to City's range midpoints Performance based/Grade-Step chart for non-exempt and Range/Quartile for Exempt. We have pay grades and ranges established for most positions. Benchmarking salaries based on market. A hiring schedule is used for the teachers and a compensation plan listin grades and the min., mid., and max. for each is included. Merit based (Grade and Step). 5 WAGE/$ALARY and BENEFITS SURVEY Participants with a Formal Compensation Program 88% 100% 12% 50% 0% Yes No Q4. Do you formally budget for Number Reporting % of Total wage/salary increases? Yes 22 88% No 3 12% Total 25 100% Comments: Built into budget upon approval of City Manager. The City puts together pay packages and budgets for each employee. Budgeted 2.0% for total increases in 2014, including merit and di Budget based on customer's salary increases. Percent increase determined by budget. 6 WAGE/$ALARY and BENEFITS SURVEY Participants Formally Budgeting for Wage/Salary Increases 88% 100% 50% 12% 0% Yes No Q5. Describe your wage/salary % of Increase Number Reporting increase budget Reported Management 18 3.00% Professional/ Exempt 17 3.09% Non-Exempt 17 3.21% 2014 Wage/Salary Increase Budgets 3.21% 3.30% 3.09% 3.20% 3.00% 3.10% 3.00% 2.90% 2.80% Management Exempt/ Non-Exempt Professional 7 WAGE/$ALARY and BENEFITS SURVEY Q6. Does your organization offer any form of individual bonus, incentive Number Reporting % of Total payments, or profit sharing? Yes 10 48% No 11 52% Total 21 100% Comment: Profit sharing, based on exceeding P&L break even points. Participants Offering Individual Bonuses, Incentives, or Profit Sharing 52% 53% 52% 51% 50% 48% 49% 48% 47% 46% 45% Yes No 8 WAGE/$ALARY and BENEFITS SURVEY Consultant Comments: Benefits GROUP INSURANCE A.Health Insurance The majority of employers(16/25)enroll eligible employees within 30 days after their employment. The remainder have slightly different procedures but almost ever enrolls eligible employees within 60 days of their hire. The least offered insurance coverages are Extended Care (other than Hospice), Dental, and Vision Care. With respect to the latter two benefits, it seems that some employers offer the coverage but require employees to pay for it. That lea some respondents said no but only because they (the employer) premium. The majority of employers are self-insuring their health benefits, obviously hoping to take advantage of cash flow and reasonable claims experience. Only 4 respondents indicated that they are using a commercial insurance carrier. Th of Plan is a PPO. Within the private sector, there is a definitely a trend towards HDHP with an HSA. The overwhelming majority of employers pay between 65% 99% of the total health insurance premium, with the largest group between 80%-99%. There were 5 respondents who indicated that they pay 100%of the health insurance premium very unusual in todays economic climate. Employers have various-sharing arrangements depending upon the level of coverage, e.g. employee, employee pl spouse, family. The majority of employers (85%) have a family deductible exceeding $1,000/year. The average maximum out-of-pocket expenses exceed $1,000/year for all employers. Increasing this dollar amount will likely continue its recent tr 70% of the respondents to this question stated that their average cost/employee for health insurance exceeded $5,000/year. Several studies indicate of health care for an employee is closer to $10,000, in spite of attempts to pass on more of the costs to employees. To help defray increased employer costs, companies are considering shifting more of the premium payments to employees - a trend that has been on-going for many years in most industries. The question is how much more of health care on to employees. This practice cannot go on forever without some serious negative consequences. No one reported, however, considering reducing benefits. So, unl 9 WAGE/$ALARY and BENEFITS SURVEY the cost of health care in general goes down (highly unlikely), pays will likely continue. Responses to Health Insurance Premium increases varied considerably. In 2013, employers stated that they received no rate increase, 9 employer premium increase between 5-9.9%, and 4 employers experienced premium increases over 15%. In 2014, there were even more employers (9) who received no premium increase while 8 received an increase between 5-9.9%. There were 2 employers whose premiums increased by more than 15%. In 2015, all employers are premium increase with the majority expecting between 5-9.9%. Employers are still trying to quantify the impact of ACA on health care costs and th going in to 2015. B.Disability and Life Insurance Only 7 of 24 employers provide a company-paid short-term disability insurance benefit. Of those who do offer this benefit, it represents an average of o their weekly income. My assumption about the remaining employers a generous sick leave program with, in a few cases, no maximum a being the case, employees who would otherwise have to rely on insurance coverage and a reduction in their weekly income, can tap into their sick leave account (assuming they have any) and receive full pay until they become eligible f 75% of employers offer a company-paid long-term disability benefit with 76% offering it through an insurance company (as opposed to being self-insured). The majority of employers offer a LTD benefit of $5,000-$6,999/month (60% of the employees monthly salary). Since this level of benefit has not changed in many years, it would appear that employers are not looking to correlate the level of increases in base pay. All employers offer a company-paid life insurance benefit; most offer it as a multiple of salary (various). The most common life insurance maximum benefit is $100,000 + with AD&D included. C.Paid Time Off 43% of the employers responding provide 9 holidays per year. 35% offer 10 or more holidays. The national average is around 9, but this is a benefis really industry dependent, e.g., the Federal government offers 10 holidays per year. Almost all employers offer a sick leave benefit. The majority of employers offer a benefit between 10-12 days per year; 25% of employers accrue in excess of 12 days per year. With respect to the total number of hours that can be accrued, 33% allow over 200 hours with 57% providing no limit. 10 WAGE/$ALARY and BENEFITS SURVEY The overwhelming majority of employers permit employees to earn vacation within the first 6 months of their employment, 2 weeks after 1 year of service, 3 weeks after 5 years of service, and 4 weeks after 15 rs of service. Eleven employers offer vacation accrual of 5 weeks; 4 require between 16-20 years of service and 4 require over 20 years of service.The majority of the employers responses indicated that they allowed employees to accrue in excess of 240. Employers offered a variety of answers in response to the question of how carried over from year to year. It could be that employers are using accrued vacation as another form of cash compensation (which it is). In Californi vacation to be treated as part of the compensation package. Accr can get very expensive; the cost of the hours increases with every pay raise. Many employees consider it their primary savings account. Employers n about the benefit design and how it is being used. For most empl NOT intended to be a savings account. D.Retirement The majority of employers responding to this survey have a defined benefit retirement plan. The overwhelming majority of employers share the contributions o retirement plan with employees. In TMRS, employers generally con employees compensation and the employee contributes an additional 7%. Most of the employers responding to the survey also have a defin retirement plan IN ADDITION TO the defined benefit plan. In this employers frequently require the employee to make 100% of the contributions. In the private sector, most employers have a 401(k) or 403(b) type reti average employer match is 50% of the first 6% of the employee this with the response above and you can readily see the tremendous difference and how attractive this component of the benefit plan is in attracti employees. Only one employer indicated that they have a mandatory retirement age, 60-64. 11 WAGE/$ALARY and BENEFITS SURVEY E.Cost We received 21 (out of 26) responses to this question. 28% of those report that their benefit costs were under 30% of total payroll. Of the remaining 72%, there was a variety of responses ranging from 30%to over 40%, with the majority falling into the 30%-34.9% range. The variance in the data reflects many things, some due to what is counted and some due to how it is counted. I have always been su of a standard for this type of calculation. In any event, benefi investment by employers and it should be advertised and quantified to all employees. Further, almost all of this money is tax free/deferred to employ more valuable. 12 WAGE/$ALARY and BENEFITS SURVEY Benefits Questionnaire Results A. HEALTH INSURANCE QUESTIONNAIRE RESULTS H1. Full time employees are covered under the organization's health insurance program Number Reporting % of Total after: 1st day of employment728% 30 days or 1st of month following hire 9 36% 90 days1 4% > 90 days 0 0% Other (see commentsbelow) 8 32% Total 25 100% Comments: 1st day of month following in-processing of benefits. 2 months 1 day after hire. 1st day of month following 30 days of employment. (2) Unless employed 1st day of the month, effective that day. <60 Days. 1st of month following 28 days. H2. Benefits included in the health program Number Reporting % of Total are: Extended Care (not Hospice) 14 56% Hospice Care22 88% Home Health Care 22 88% Dental Care18 72% Vision Care 17 68% Alcoholism Treatment 23 92% Substance Abuse Treatment 23 92% Mental Health 24 96% Emergency Treatment 25 100% Doctor Visits 25 100% 13 WAGE/$ALARY and BENEFITS SURVEY A. HEALTH INSURANCE QUESTIONNAIRE RESULTS H3. Coverage is offered by: Number Reporting % of Total Commercial Carrier Plan 4 16% Self-Insurance Plan 18 72% Other (ASO, EPO) 2 8% HMO0 0% PPO11 44% POS 2 8% Other (see consultant comments)5 20% Comments: Partial Self-Funded. Open Access Plus. Teacher's Retirement System Self Funded Plan CDHP: HDHP with an HAS HDHP/HSA Option H4a. Percentage of total health insurance Number Reporting % of Total premium paid by employer is: 0%0 0% 1% - 24%0 0% 25% - 49% 1 4% 50% - 64% 2 7% 65% - 79% 7 25% 80% - 99% 13 46% 100% 5 18% H4b. Does this % of contribution vary by level of coverage (e.g., employee, employee + Number Reporting % of Total spouse, employee + dependent, family, etc.)? Yes21 84% No 4 16% Total 25 100% 14 WAGE/$ALARY and BENEFITS SURVEY A. HEALTH INSURANCE QUESTIONNAIRE RESULTS H5. What is the maximum deductible per Number Reporting% of Total family per year? $0 1 4% Up to $200 0 0% $201 - $400 0 0% $401 - $600 1 4% $601 - $1,000 2 8% >$1,000 2285% Total 26 100% H6. What is the maximum out-of-pocket Number Reporting%of Total expense per family per year? $0 0 0% Up to $300 0 0% $301 - $600 0 0% $601 - $1,000 0 0% >$1,000 25100% Total 25 100% H7. What was your annual (2013) average cost Number Reporting% of Total for health care insurance per employee? Up to $2,000 1 5% $2,001 -$3,000 1 5% $3,001 -$4,000 2 10% $4,001 -$5,000 2 10% >$5,000 1470% Total 20100% H8. Are you considering any of the following?Number Reporting% of Total Shift More of Premium to Employees 3 20% Increase Deductible 6 40% Increase Maximum Out-of-Pocket3 20% Reduce Benefits 0 0% Increase Co-Pays 3 20% Total 15100% 15 WAGE/$ALARY and BENEFITS SURVEY A. HEALTH INSURANCE QUESTIONNAIRE RESULTS H9. What was your last premium increase? Number Reporting% of Total 0%6 23% <5% 5 19% 5.0% - 9.9% 9 35% 10.0% - 14.9% 2 8% 15% + 4 15% Total 26100% H10. What increase in premiums do you expect Number Reporting% of Total in 2014? 0%9 41% <5% 3 14% 5.0% - 9.9% 8 36% 10.0% - 14.9% 0 0% 15% + 2 9% Total 22100% H11. What increase in premiums do you expect Number Reporting% of Total in 2015? 0%3 17% <5% 6 33% 5.0% - 9.9% 6 33% 10.0% - 14.9% 2 11% 15% + 1 6% Total 18100% 16 WAGE/$ALARY and BENEFITS SURVEY B. DISABILITY AND LIFE INSURANCE QUESTIONNAIRE RESULTS SHORT-TERM DISABILITY B1a. Do you offer company-paid/provided short-term disability insurance to your Number Reporting % of Total employees? Yes 729% No1771% Total 24 100% B1b. Is the Plan: Number Reporting % of Total Fully-Insured 571% Self-Insured 229% Total 7 100% B1c. What is the maximum weekly benefit: Number Reporting % of Total (by $ amount or % of salary)? < $500 120% $500 - $699 00% $700 - $999 00% $1,000 - $1,499 120% $1,500 + 360% Average % of salary reported63% N/A Total 5100% 17 WAGE/$ALARY and BENEFITS SURVEY B. DISABILITY AND LIFE INSURANCE QUESTIONNAIRE RESULTS LONG-TERM DISABILITY B2a. Do you offer company-paid long-term disability insurance to your full-time Number Reporting% of Total employees? Yes 1875% No625% Total 24100% B2b. Is the Plan:Number Reporting % of Total Fully-Insured 1376% Self-Insured 4 24% Total 17100% B2c. Is the monthly benefit (by $ amount or Number Reporting% of Total % of salary): < $3,000 0 0% $3,000 - $4,999 0 0% $5,000 - $6,999 8 62% $7,000 - $9,999 2 15% $10,000 + 1 8% Average % of salary reported61% N/A 2 Other: (see comment below) 15% Total 13100% Comment: Executives receive a higher maximum. 18 WAGE/$ALARY and BENEFITS SURVEY B. DISABILITY AND LIFE INSURANCE QUESTIONNAIRE RESULTS GROUP TERM LIFE INSURANCE B3a. Do you offer group term life insurance Number Reporting% of Total to your full-time employees? Yes 23100% No0 0% Total 23100% B3b. Is the benefit based on a multiple of Number Reporting% of Total their salary? Yes 1571% No6 29% Total 21100% B3c. Is the maximum benefit:Number Reporting% of Total < $10,000 0 0% $10,000 - $24,999 2 11% $25,000 - $49,999 0 0% $50,000 - $99,999 4 22% $100,000 + 1161% Other (see comment below) 1 100% Total 186% Multiple of salary (Y/N)18 100% If multiple of salary, please indicate x: 3 XN/A Comment: Executives receive a higher salary multiple. 19 WAGE/$ALARY and BENEFITS SURVEY C. PAID TIME OFF QUESTIONNAIRE RESULTS C1. What is the maximum number of holidays offered to your full-time employees Number Reporting% of Total each year? Up to 7 1 4% 8 4 17% 9 10 43% 102 9% > 10 6 26% Total 23100% C2a. What is the maximum number of sick leave hours that full-time employees can Number Reporting% of Total earn each year? < 40 0 0% 40- 80 1 5% 81 - 96 7 35% > 96 7 35% Unlimited5 25% Total 20100% C2b. What is the maximum number of sick leave hours that full-time employees can Number Reporting % of Total accrue, regardless of years of service? < 80 0 0% 80 -120 1 5% 121 -1601 5% 161 -2000 0% > 2007 33% Unlimited12 57% Total 21100% C3a. Full-time employees may earn 1 week Number Reporting% of Total of vacation after: 6 months 16 80% 1 year 3 15% > 1 year1 5% Total 20100% 20 WAGE/$ALARY and BENEFITS SURVEY C. PAID TIME OFF QUESTIONNAIRE RESULTS C3b. Full-time employees may earn 2 weeks Number Reporting% of Total of vacation after: 6 months 4 19% 1 year 13 62% 1 -2 years 1 5% > 2 years 3 14% Total 21100% C3c. Full-time employees may earn 3 weeks Number Reporting% of Total of vacation after: 6 months 0 0% 1 year 4 19% 1 -2 years 3 14% 3 -5 years 8 38% > 5 years 6 29% Total 21100% C3d. Full-time employees may earn 4 weeks Number Reporting% of Total of vacation after: < 3 years 2 11% 3 -5 years 1 5% 6 - 10 years 4 21% 11 -15 years 6 32% > 15 years6 32% Total 19100% C3e. Full-time employees may earn 5 weeks Number Reporting% of Total of vacation after: < 5 years 1 9% 5 - 10 years 2 18% 11 -15 years 0 0% 16 -20 years 4 36% > 20 years4 36% Total 11100% 21 WAGE/$ALARY and BENEFITS SURVEY C. PAID TIME OFF QUESTIONNAIRE RESULTS C3f. What is the maximum number of vacation hours that can be accrued, Number Reporting% of Total regardless of tenure? < 120 1 5% 120 - 160 2 11% 161 - 200 1 5% 201 - 240 3 16% > 240 1263% Total19100% C3g. What is the maximum number of vacation hours that can be carried over from Number Reporting% of Total year to year? < 801 5% 80 -1200 0% 121 - 160 3 14% 161 - 240 4 19% 241 - 320 3 14% > 320 2 10% Other (see commentsbelow) 8 38% Total21100% Comment: 2 times annual accrual rate. 2 x annual accrual. (3) 2 years accrual. Depends upon years of service. 10 days - any over will be forfeited. Based on total state service. All can be carried over until an employee reaches the maximum accrual in the longevity bracket. C4a. Do you have a general, non-specific, Number Reporting% of Total Paid-Time-Off Program? Yes6 27% No1673% Total22100% 22 WAGE/$ALARY and BENEFITS SURVEY C. PAID TIME OFF QUESTIONNAIRE RESULTS C4b. If Yes, please check all that it includes:Number Reporting% of Total Sick Leave 6 21% Vacation 6 21% Bereavement 5 17% Personal Days 4 14% Care for Dependent 5 17% Floating Holidays2 7% Other1 3% Comment: PTO is in addition to sick and vacation and may be used C4c. What is the maximum number of hours Number Reporting% of Total that can be earned under your PTO Program? < 120 1 20% 120 - 160 0 0% 161 - 200 0 0% 201 - 240 0 0% > 240 2 40% Other2 40% Total5 100% Comment: 40 hours. Based on total state service. C4d. Can your earned PTO be carried over Number Reporting% of Total from year to year? Yes4 80% No1 20% Total5 100% 23 WAGE/$ALARY and BENEFITS SURVEY C. PAID TIME OFF QUESTIONNAIRE RESULTS C4e. What is the maximum number of PTO hours that can be carried over from year to Number Reporting% of Total year? < 80 1 20% 80 - 120 0 0% 121 - 160 0 0% > 160 1 20% Other 3 60% Total 5 100% Comment: 40 hours. Accrued holidays not used within the same year will be carried o following year. Hours accrued but not used by the end of the second year will be lost. Based on total state service. 24 WAGE/$ALARY and BENEFITS SURVEY D. RETIREMENT QUESTIONNAIRE RESULTS D1a. Does your organization have a defined Number Reporting % of Total benefit retirement plan? Yes 18 82% No418% Total 22 100% D1b. If Yes, does your organization:Number Reporting % of Total Pay the Full Cost16% Employee Shares the Cost 16 89% Employee Pays the Full Cost 16% Total 18 100% D2a. Does your organization have a defined Number Reporting % of Total contribution plan? Yes 18 86% No314% Total 21 100% D2b. If Yes, does your organization:Number Reporting % of Total Pay the Full Cost317% Employee Shares the Cost 11 61% Employee Pays the Full Cost 422% Total 18 100% D3a. Does your organization have a Number Reporting % of Total mandatory retirement age? Yes 00% No22 100% Total 22 100% 25 WAGE/$ALARY and BENEFITS SURVEY E. TOTAL BENEFIT COST QUESTIONNAIRE RESULTS E1. What % of total payroll best represents Number Reporting % of Total your cost of benefits? 20% -24.9% 3 14% 25.0% - 29.9%3 14% 30.0% - 34.9%1048% 35.0% - 39.9%3 14% 40.0% + 2 10% Total 21100% 26 WAGE/$ALARY and BENEFITS SURVEY Consultant Comments: Wage/Salary Data For all positions that are typically considered exempt from the overtime provisions of the Fair Labor Standards Act (FLSA), annualized salaries were re that are typically classified as nonexempt, hourly rates were wishing to review all of the data based on a salary basis should multiply the hourly rates which appear by 2080 hours. If you believe that your position should be classified differently than we have reported it, then you should conduct a ensure that the position meets/does not meet one of the 5 exemption tests. The survey covered 90 different positions and we received data f representing 7,688 employees. In a few instances, the averages reported by some employers were (higher/lower) with those from other respondents. We exercised our judgment to include/exclude that data to ensure the most statistically relia The survey included some positions with multiple levels e.g. Eng Engineer, Assistant Court Representative. The responses suggested that the concept was not well understood and/or it is used in many and va company. The difference in levels is not meant to be a time in there are supposed to be clear, measurable differences in responsibi authority from one level to the next with a high correlation to the pay for the position. We had to make some adjustments in the job matching to ensure that what we know are the clear differences in pay that correlate to these In looking at the data for the positions Recreation Program Coor Specialist, there appears to be an anomaly. The Recreation Specientry level exempt position while the Program Coordinator is a high The compensation data reported provided the opposite result. Tha Coordinator is the higher paid of the 2 positions and eligible ft is entirely possible that these 2 positions do much the same thing and that not have both. Please look at the results carefully and go back descriptors for each position to make sure that your matches werte. Also, with respect to the positions of Assistant Court Represent not reflect much separation in average pay. Perhaps your organization only has one level and you had to choose between the two. Please go back and read tbrief position 27 WAGE/$ALARY and BENEFITS SURVEY descriptors to make sure that you have slotted your position cor will have practical significance for you. Responses to the questions on supplemental pay varied widely. Th that there is no standardpractice among most employers. For employees in positions considered nonexempt, respondents a paying them for working on Sundays. There were a few employers w selected exempt positions for work required on Sundays, as welmost common response to what the extra pay is was 1½ times the employ hourly rate. Of course, if the hours worked on Sunday pushed the 40 hour per week limit, then (for employees in nonexempt positio obligated to pay the employee at the premium rate. There were no unusual responses to this question. Most employers reported paying something extra for employees req ndrd or 3 shift. Shift differentials have been a standard for many years. 2 however, rather than paying employees a set percentage of the base ndrd the 2 or 3 shift, many employers are choosing to add 50-75 cents per hour to their base pay. On call pay for selected positions in Utilities, e.g. Linemen,tion Technology, e.g. Network Administrators, is standard but how on and how it is compensated varies widely. There were few response and defining a norm is difficult. Some employers stated that they paid $13/day. Others pay for a minimum number of hours for being on call plus a guaranteed number of hours if called in to work. The majority of employers pay employees for having to work on a practices ranged from paying the employees regular hourly rate to paying 2 times the regular hourly rate or granting an alternate holiday. As with all surveys, the output is only as good as the input. Th among the employers responding to this survey varied widely. Fur questionnaires were completed by different people. And, as with a can be very misleading. Just because a title in the survey match positions, do not assume that it was a good match. Exercise cauting the results of this survey as your sole basis of comparison. The more data poin better the results. THANK YOU FOR YOUR PARTICIPATION!! 28 Exhibit 7 P.O. Box 3057 Denton, TX 76202 September 1, 2014 To: The City of Denton From: The Denton Community Market As requested, here is the proposed breakdown of the allocation o City Council Contingency Funds: HOT Funds: Staff Time for Marketing: $4,200 Printed Matter $1,300 Ads in Magazines/Newspapers $3,200 Website and Upgrade $1,200 Email $ 100 Total: $10,000 City Council Contingency Funds Staff Time 2,445 Performers and Coordinators 3,200 Denton Promotional Printing 305 Total: $5,950 City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0500,Version:1 Agenda Information Sheet DEPARTMENT:City Managers Office CM/ ACM:Jon Fortune Date:September 9, 2014 SUBJECT Receiveareport,holdadiscussionandgivestaffdirectionregardinganupdatetotheConventionCenter project. BACKGROUND OnDecember10,2013,theCityCouncilapprovedtheMasterDevelopmentAgreement(MDA)betweenthe City,theUniversityofNorthTexas(UNT),OReillyHospitalityManagement,andOReillyHotelPartners Denton (OHPD) to construct a convention center and convention ce TheapprovedMDAoutlinesthespecificstepstoimplementtheelementsofthefeasibilityperiodthatis describedintheagreement.PerthisdirectionfromCityCouncil,staffinitiatedthecreationoftheTax IncrementFinancingDistrict,presentedtheprojecttoboththeDentonIndependentSchoolDistrictandDenton Countytoinvitetheirparticipationintheproject,workedwitharchitectstocreateDesignDevelopment(DD) drawings,andhassolicitedconstructionproposalsfortheconventioncenter.Inadditiontotheserequired elements,staffhasalsomadepresentationsatvariouspublicforumsandhascreatedaninformationalvideoand website to keep the public informed about the project. InFebruaryandAprilofthisyear,staffprovidedtheCityCouncilanupdateontheprojectandsoughtdirection regardingthedesignoftheconventioncenter.ThiswashelpfulincreatingtheDesignDevelopmentdrawings forathreelevel,97,000sq/ftconventioncenterthatwouldbelargeenoughtoaccommodateconferencesforup to 750 visitors and single day events (e.g. banquets) for up to BasedonthefeedbackfromCityCouncil,theDDdrawingswerecompletedandarequestforconstruction proposalswasadvertisedinJunewithasubmissiondeadlineofJune30,2014.Wewerepleasedtohave receivedresponsesfromsixfirms,thoughthepricingresponsesforbuildingconstructiononly(excludes design,furniture,andfixtures)werehigherthananticipatedrangingfrom$24.5millionto$31.2million.The MDAindicatesthattheCitysfinancingcontributionwillnotexceed$25million.Thisincludestotal construction costs, furniture, equipment, design, and constructi TheprojectevaluationteamconsistingofrepresentativesfromOHM,UNT,andtheCitymetandrankedallthe proposalsandselectedClarkContractorsasthetopfirmtobeginexclusivenegotiationsonfinalpricing,andto learnmoreaboutpossibleoptionstobringtheconstructioncostdownclosertoexpectations.Clarksinitial City of DentonPage 1 of 5Printed on 9/5/2014 powered by Legistar" File #:ID 14-0500,Version:1 constructionpriceforthefacilityatthissizewas$24.5million.Thetotalestimatedbudgetthatincludesthe initial bid along with other necessary items such as final desig OPTION A (97,000 sq/ft) Building Construction$24,510,680 Technical Fees$ 916,500 Furniture & Fixtures$ 4,012,977 Construction Mgmt & Misc.$ 710,681 Contingency (3%)$ 904,525 Total$31,055,363 Capitalized Interest $2,500,000 (estimate) Grand Total$33,555,363 Sincethattime,theprojectarchitectshavemetwithClarkContractorsandhavedevelopedsomedesignchange optionsthathavethepotentialtobringtheconstructionestimatesclosertoexpectationsandarevisedconcept waspresentedtoCityCouncilonAugust5,2014.Thisversioneliminatedjustover20,000sq/ftofspaceby changingthedesignfromathreefloorstructuretoasinglefloorstructure.Thebenefitofthischangewasthat switchingtoasinglestoryconcept,andeliminatingtheneedforlargecorridorsandstairways,spacewas reclaimedinsuchawaytopreservetheinitialcapacityofthebuildingasoriginallydesignedandpresentedto CityCouncilinApril.Therevisionsalsoincludedchangesintheexteriorbuildingmaterialstolowercost productstohelpmeetbudgetaryexpectations.Atapproximately75,193sq/ft,thisdesignversioncanstill accommodate conferences for up to 750 visitors and single day ev AtthetimeoftheAugust5thmeeting,therevisedtotalestimatedbudgetwasnotknown.Sincethen,however, anestimatehasbeenreceived,andthesizereductiondidhavethepositiveeffectofloweringtheoverall construction budget to $19,800,000. The revised total estimate i OPTION B (75,193 sq/ft) Building Construction $20,411,000 (19,800,000 + permitting & other building costs) Possible Alternates $ 1,000,000 Technical Fees $ 916,500 Furniture & Fixtures $ 3,393,592 Construction Mgmt & Misc. $ 777,409 Contingency (3%)$ 764,955 Total $27,263,456 Capitalized Interest Expense $ 2,500,000 (Estimate) Grand Total $29,763,456 DuringtheAugust5WorkSession,staffindicatedthat,inordertomeettheinitiallyprojected$25million budget,additionalchanges/reductionsmaybenecessary.Duringthisdiscussion,theCityCouncilexpressed concernthatfurtherreductionscouldchangethenatureofthebuildinginsuchamannerthatitnolongermet theCityslong-termobjectiveforthefacility.Thediscussionalsoincludedthepossibilitythattheinitial projectedbudgetof$25millionforthetypeofconventioncenterdesiredmaybeunattainableandperhapsit City of DentonPage 2 of 5Printed on 9/5/2014 powered by Legistar" File #:ID 14-0500,Version:1 wouldbemorebeneficialtoexplorewaystoconsideradditionalfundsforconstructionasopposedtocutting the facility size further. The Council directed staff to continu Sincethen,theCityhascontinuedtohavediscussionswithClarkContractorsandthearchitectstoexplore additionalchangesthatcouldreduceconstructioncostsfurther.Theseoptionsincludereducingtheoverallsize ofthefacilitydownto69,570sq/ft.SeeExhibit3.Thisreductiondoesminimallyreducesomemeetingspace capacity.IndiscussingthesereductionswiththeConventionandVisitorsBureau(CVB),itisestimatedthat theyreducecapacityforconventionparticipantsandbanqueteventsto650and1,800respectively.However, theCVBindicatesthatthissizedconventioncenterstillprovidessufficientcapacitytomeetmarketing expectations.Overthepasttwoweeks,Clarkhasbeenworkingwithitssubcontractorstoobtainnewpricing andatthetimeofwritingthisagendamaterialafinalestimatehasnotbeenreceived,thoughitisexpectedby September9anditwillbeprovidedattheCityCouncilmeetingifavailable.Preliminarily,itisexpectedthat thisrevisedestimatewillbeclosertothe$25milliongoal,butitmaynotbelessthanthatamount.The estimated total budget is listed below. OPTION C (69,570 sq/ft) Building Construction$18,111,000(Preliminary) Possible Alternates$ 1,000,000 Technical Fees$ 916,500 Furniture & Fixtures$ 3,393,592 Construction Mgmt & Misc.$ 708,409 Contingency (3%)$ 693,885 Total$24,823,386(Preliminary) Capitalized Interest Expense$ 2,500,000 (Estimate) Grand Total$27,323,386(Preliminary) ProjectarchitectswillbepresentattheSeptember9WorkSessiontodiscusstheseoptionsandtoprovidean overviewoftheuniquedesignelementsofeachversion.Itisalsoexpectedthattheywillproviderevised exterior elevations to give the City Council a better sense as t StaffisseekingCityCouncildirectiononwhichoptionlistedaboveispreferred.Suchfeedbackisnecessaryso thatstaffcanfinalizethefundingplanordetailsnecessarytobringaguaranteedmaximumpricecontractback toyouasquicklyaspossiblesothattheconstructionpricescanbeset.Concurrentwiththeanticipatedapproval oftheconstructioncontract,staffwillprovidetheCityCouncilanupdateonallremainingfeasibilityaction items as we move into the financing phase of the project. OPTIONS To advance the project, the City Council has several options tha OptionA=Three-story,97,000sq/ftconventioncenteratatotalestimatedcostof$33,555,363.This includes capacity for conventions and banquets of 750 and 2,000 OptionB=Single-story,75,193sq/ftconventioncenteratatotalestimatedcostof$29,763,456.The reducedsizeofthe75,193sq/ftfacility maintains thecapacityforconventionsandbanquetsof750and City of DentonPage 3 of 5Printed on 9/5/2014 powered by Legistar" File #:ID 14-0500,Version:1 2,000 respectively. OptionC=Single-story,69,570sq/ftconventioncenteratatotalestimatedcostof$27,323,386.The reducedsizeofthe69,570facility slightlylowers thecapacityforthesizeofconventionsandbanquets of 650 and 1,800 respectively, though it is not believed to impa PRIOR ACTION/REVIEW (Council, Boards, Commissions) September 2011 - Received proposal from OReilly Hospitality Man January2012-City,OHMandUNTreachnon-bindingagreementonguidingprinciplestonegotiatea development agreement (the Memorandum of Preliminary Agreement.) March2012-CityandOHMmeetwithlocalhoteloperatorsattheQuarterlyConventionandVisitorBureau Hospitality Meeting to present the proposed project. May2012-CityCouncilWorkSessiontoreceiveoverviewofproposedprojectandmeetwiththeprospective developer, Tim OReilly. December 2012 - City and OHM present proposed project to the DIS March 2013 - City Council Work Session discussion and update on September 2013 - City Council Work Session discussion and update October 2013 - City Council Work Session discussion and update o November 19, 2013 - City Council Work Session discussion and rev December 2, 2013 - Presentation of proposed project to joint Cit December 3, 2013 - Presentation of proposed project to Economic December 3, 2013 - City Council Work Session discussion and revi December10,2013-TheCityCouncilapprovedtheMasterDevelopmentAgreementandrelateddevelopment and professional service documents. February 18, 2014 - Work Session to provide an update on the pro April 15, 2014 - Work Session to provide an update on the proces June 3, 2014 - Work Session to discuss the creation of the conve June 17, 2014 - Public Hearing and Creation of convention center August 5, 2014 - Work Session to provide an update on the proces City of DentonPage 4 of 5Printed on 9/5/2014 powered by Legistar" File #:ID 14-0500,Version:1 August 19, 2014 - Discussion of convention center TIRZ project p EXHIBITS Exhibit 1 - Original design for 97,000 sq/ft convention center Exhibit 2 - Revised design for 75,193 sq/ft convention center Exhibit 3 - Revised design for 69,570 sq/ft convention center Respectfully submitted: Jon Fortune Assistant City Manager Prepared by: Jon Fortune Assistant City Manager City of DentonPage 5 of 5Printed on 9/5/2014 powered by Legistar" City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0451,Version:1 Agenda Information Sheet SUBJECT Certain Public Power Utilities: Competitive Matters - Under Texa. Receivecompetitivepublicpowerinformationandcompetitivefinancialinformationfromstaffintheformofa proposedoperatingbudgetforDentonMunicipalElectric( DME )forFY2014-2015,includingwithout limitation,revenues,expenses,commodityvolumes,andcommitments;anddiscuss,deliberate,consider adoption of the budget and other matters, and provide staff with City of DentonPage 1 of 1Printed on 9/5/2014 powered by Legistar" City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0499,Version:1 Agenda Information Sheet SUBJECT Consultation with Attorneys - Under Texas Government Code, Secti ConsultwithandprovidedirectiontoCitysattorneysregardinglegalissuesandstrategiesassociatedwithGas WellOrdinanceregulationofgaswelldrillingandproductionwithintheCityLimitsandtheextraterritorial jurisdiction,including:Constitutionallimitations,statutorylimitationsuponmunicipalregulatoryauthority; statutorypreemptionandvestedrights;impactsoffederalandstatelawandregulations;impactsofgaswell drillinguponprotectedusesandvice-versa;moratoriumondrillingandproduction;otherconcernsabout municipalregulatoryauthorityormattersrelatingtoenforcementoftheGasWellOrdinance;settlement mattersconcerninggaswelldrillingintheCity;surfacedevelopmentissuesinvolvingsurfaceandmineral estates;andlegalmattersassociatedwithacitizensinitiativeregardinghydraulicfracturingwhereapublic discussionoftheselegalmatterswouldconflictwiththedutyoftheCitysattorneysundertheTexas Disciplinary Rules of Professional Conduct of the State Bar of T City of DentonPage 1 of 1Printed on 9/5/2014 powered by Legistar" City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0546,Version:1 Agenda Information Sheet SUBJECT Consultation with Attorneys - Under Texas Government Code Sectio ConsultwithCitysattorneysregardinglegalrights,restrictions,andobligationsunderTexaslaw,associated withoverlappingextraterritorialjurisdictionsclaimedbymunicipalitiesneighboringtheCityofDenton,Texas, aswellaspossiblenegotiatedresolutionsofsuchmatters,whereapublicdiscussionofsuchlegalmatters wouldconflictwiththedutyoftheCitysattorneystotheCityofDenton,TexasundertheTexasDisciplinary RulesofProfessionalConductoftheStateBarofTexas,andwheresuchmattersmaybecomeanissuein potential litigation. City of DentonPage 1 of 1Printed on 9/5/2014 powered by Legistar" City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0503,Version:1 Agenda Information Sheet SUBJECT Constitution Week City of DentonPage 1 of 1Printed on 9/5/2014 powered by Legistar" City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0436,Version:1 AGENDA INFORMATION SHEET DEPARTMENT:Materials Management ACM:Bryan Langley AGENDA DATEAugust 19, 2014 SUBJECT ConsideradoptionofanordinanceoftheCityofDenton,Texasprovidingfor,authorizing,andapprovinga contractforVeterinaryServicesfortheLindaMcNattAnimalCareandAdoptionCenter,whichareavailable fromonlyonesourceandinaccordancewithChapter252.022oftheTexasLocalGovernmentCodesuch purchasesareexemptfromtherequirementsofcompetitivebidding;andprovidinganeffectivedate(File5626 awarded to RSVP Services, Inc. in the three (3) year not-to-exce FILE INFORMATION TheLindaMcNattAnimalCareandAdoptionCenteriscurrentlyunderconstruction,withaplannedopening inOctoberofthisyear.The15,000squarefootbuildingincludesaveterinarysurgicalsuiteforspay/neuter proceduresandgeneralmedicalcareforanimalshousedinthefacility.Toprovidestaffingfortheveterinary suite,theCitydesirestocontractwithabusinessthatcanprovideandmanagepersonnelaspectsofalicensed DoctorofVeterinaryMedicine(DVM)andaCertifiedVeterinaryTechnicianforaspecificnumberof hours/shiftseachweekatthefacility.Inaddition,thiscontractwouldalsoprovideforunscheduledurgentcare foranimalscomingintothefacilityoutsideofregularbusinesshoursandduringbusinesshourswhenthein- house DVM is not on site. WhilethereareseveralcompaniesintheStateofTexasthatprovidewhatisknownas reliefveterinary services whichistheplacementofaDVMinaprivatepracticeorveterinaryclinic/hospital,themajorityof thesecompaniesarenotintheimmediateDallas-Ft.Wortharea.Asearchforthesecompanies,orotherswho provideasimilarsetofservicesyieldedasinglecompanyintheimmediatearea.Thisrecommendedcompany, RSVPInc.,isbasedoutofitscorporateofficesinDenton.Theyprovidetherequestedservicesthroughout Texasandinotherstates,handlingbothmunicipalandprivateanimalshelterveterinarystaffingneeds.Animal ServicesstaffdidcontactotherfirmsinTexasandconfirmthatthesefirmswerenotinterestedinproviding services for this contract. RECOMMENDATION AwardthecontracttoRSVPServices,Inc.fortheprovisionandmanagementofveterinaryservicesforthe Linda McNatt Animal Care and Adoption Center in the three (3) ye City of DentonPage 1 of 2Printed on 9/5/2014 powered by Legistar" File #:ID 14-0436,Version:1 PRINCIPAL PLACE OF BUSINESS RSVP Services, Inc. Denton, TX ESTIMATED SCHEDULE OF PROJECT Thisisaninitialone(1)yearcontractwithoptionstoextendthecontractfortwo(2)additionalone(1)year periods, with all terms and conditions remaining the same. FISCAL INFORMATION TheservicescoveredinthiscontractwillbefundedfromAnimalServicesoperatingaccount#340001.7899. Purchase orders will be issued as services are invoiced. EXHIBITS Exhibit 1: Single Source Memo Exhibit 2: Ordinance Exhibit 3: Contract Respectfully submitted: Chuck Springer, 349-8260 Director of Finance For information concerning this acquisition, contact: Scott Flet City of DentonPage 2 of 2Printed on 9/5/2014 powered by Legistar" EXHIBIT 1 EXHIBIT 2 ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR, AUTHORIZING, AND APPROVING A CONTRACT FOR VETERINARY SERVICES FOR THE LINDA MCNATT ANIMAL CARE AND ADOPTION CENTER, WHICH ARE 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 5626 AWARDED TO RSVP SERVICES, INC. IN THE THREE (3) YEAR NOT-TO-EXCEED AMOUNT OF $700,000). 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 5626 RSVP Services, Inc. $700,000 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. EXHIBIT 2 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 5626 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 ____________, 2014. ______________________________ CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ______________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ EXHIBIT 3 Confidential Confidential Confidential City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0474,Version:1 Agenda Information Sheet DEPARTMENT:Legal Department CM/ ACM:Anita Burgess, City Attorney Date:September 9, 2014 SUBJECT ConsiderapprovalofaresolutionsupportingtheactivitiesoftheAllianceofAtmosTexasMunicipalities ( ATM )andothersimilarlysituatedcoalitionsofmunicipalitiesopposingrulesproposedbytheRailroad CommissionofTexasbenefitingtheutilityindustrythatifadoptedwouldgreatlydiminishcitiesabilityto effectively and meaningfully evaluate and challenge a utilitys BACKGROUND CurrentTexasstatutesguaranteeTexascitiesstronglocalcontrolovergasutilityratesbyrecognizingtheir exclusiveoriginaljurisdictionoversuchrateswithineachcity.Texaslawalsoguaranteesthatutilitiesmust reimbursecitiesforthereasonableexpensesthatcitiesincurwhileparticipatingingasratemakingproceedings bothattheCitylevelandbeforetheRailroadCommissionofTexas(the RRC ).OnJuly25,2014,theRRC publishedintheTexasRegisterthreenewproposedrulesthatwouldgreatlydiminish,ifnotentirelyeliminate, the Citys ability to ensure that utility rate increases are rea 1.Requiringthatcitiesfundallratecaseexpensesoutoftheirownbudgetsthatwereincurred whileinvestigatingandchallenginggasrateincreasesthatutilitiesproposetotheRRCbefore receiving any reimbursement of expenses the RRC finds reasonable 2.RestrictingcitiesabilitytomeaningfullyparticipateinratemakingproceedingsbeforetheRRC byseverelyandarbitrarilylimitingthenumberofrequestsforinformationacitymayrequest from the utility when it proposes an increase in rates. COALITION OF MUNICIPALITIES: Forthelastdecadeorso,theCityhasparticipatedinacoalitionofcitiesknownastheAtmosTexas Municipalities( ATM )whosepurposeistoinvestigategasutilitiesproposedrateincreasesandchallenge themwhereappropriate.ATMhasbeenactiveinmost,ifnotall,majorratemakingproceedingsthataffect ratepayers in the City. COST: TheCityscostforparticipationinthiseffortwouldbeapportionedamongthemembercitiesinATMbasedon eachcitysnumberofmetersintheCityrelativetotheoverallnumberofmetersinalltheATMcities;the City of DentonPage 1 of 2Printed on 9/5/2014 powered by Legistar" File #:ID 14-0474,Version:1 attachedspreadsheetshowstheseamounts.Thesefeeswouldcoverthecostofpreparingcommentstosubmit totheRailroadCommissioninoppositiontotheRailroadCommissionsproposedruleandretainlegislative- advocacy to assist in meetings with members of the legislature t RECOMMENDATION: TheCityshouldparticipateasamemberofATMandtherebyjoinATMseffortstoopposetheRRCs proposedrulesandanysimilarlegislationthatwould:underminetheCitysratemakingjurisdictionandits abilitytoquestionandchallengeunreasonablerateincreases;allowforprocessesthatdonotpermitacomplete andthoroughreviewofutilitiesallegedcapitalexpendituresandoperatingexpenses;orrestrictcitiesability toparticipateintherate-settingprocess;andsupportATMseffortstopreservecitiesoriginaljurisdictionover utilityratemaking.ParticipationinATMscoalitionwouldpromoteandpreservetheCitysstatutoryrightto fullyparticipateinutilityratemakingproceedingsandensurejustandreasonableutilityratesandadequateand reliable utility service. EXHIBITS Attachment: 1. Spreadsheet of Fees Respectfully submitted: John Knight Deputy City Attorney Prepared by: Toni Reedy Legal Secretary City of DentonPage 2 of 2Printed on 9/5/2014 powered by Legistar" City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0484,Version:1 AGENDA INFORMATION SHEET DEPARTMENT:Materials Management ACM:Bryan Langley AGENDA DATE:September 9, 2014 SUBJECT Consideradoptionofanordinanceacceptingcompetitiveproposalsandawardingapublicworkscontractfor theconstructionofthePockrusSubstationWaterandWastewaterLineImprovements;providingforthe expenditureoffundstherefor;andprovidinganeffectivedate(RFP5453-awardedtoJagoe-PublicCompanyin the not-to-exceed amount of $162,503). The Public Utilities Boar RFP INFORMATION ThisRFPisfortherelocationofan8inchwaterlineanda10inchsewerlinetotheperimeterofthePockrus Substationproperty.Thisrelocationisnecessarytoaccommodatetheexpansionandreconstructionofthe PockrusSubstationwhichisanapprovedCapitalImprovementPlanproject.Thecompletedprojectwill increasethereliabilityandfunctionalityofthestationthatsupplieselectricpowertothesoutheasternareasof the Denton Municipal Electric service territory. RequestsforProposalsweresentto634prospectivesuppliersofthisitem.Inaddition,specificationswere placedontheMaterialsManagementwebsiteforprospectivesupplierstodownloadandadvertisedinthelocal newspaper.Four(4)proposalswerereceived.Theproposalswereevaluatedbaseduponpublishedcriteria includingperformance,delivery,acceptanceofstandardtermsandconditions,andprice.Thisprojectrequiresa quickturnaroundinordertokeepthePockrusSubstationexpansionontrack,thereforetheProjectSchedule scoringwasanimportantfactorintheevaluation.Jagoe-PublicCompanyestimatedcompletionwithin30 workingdayswhereasthelowestpricedproposer,DickersonConstructionCompany,estimatedcompletion within120workingdays.ABestandFinalOffer(BAFO)wasnotconductedduetotheshorttimeframe. Baseduponthisevaluation,Jagoe-PublicCompanywasrankedthehighestanddeterminedtobethebestvalue for the City (Exhibit 1-Ranking/Evaluation Sheet). PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) OnAugust25,2014,thePublicUtilitiesBoardrecommendedapprovaltoforwardthisitemtotheCityCouncil for consideration. RECOMMENDATION AwardacontractfortheconstructionofthePockrusSubstationWaterandWastewaterLineImprovementsto City of DentonPage 1 of 2Printed on 9/5/2014 powered by Legistar" File #:ID 14-0484,Version:1 Jagoe-Public Company in the not-to-exceed amount of $162,503. PRINCIPAL PLACE OF BUSINESS Jagoe-Public Company Denton, TX ESTIMATED SCHEDULE OF PROJECT The project is estimated to be completed within thirty (30) days FISCAL INFORMATION ThisprojectwillbefundedfromCapitalImprovementPlanaccount600538500.1350.3500. Requisition#120551 has been entered in the Purchasing software s EXHIBITS Exhibit 1: Evaluation/Ranking Sheet Exhibit 2: Public Utilities Board Minutes Exhibit 3: Ordinance Respectfully submitted: Chuck Springer, 349-8260 Director of Finance For information concerning this acquisition, contact: Chris Lutr City of DentonPage 2 of 2Printed on 9/5/2014 powered by Legistar" EXHIBIT 2 DRAFT MINUTES PUBLIC UTILITIES BOARD August 25, 2014 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on Monday, August 25, 2014 at9:01a.m. in the Service Center Training Room, City of Denton Service Center, 901A Texas Street, Denton, Texas. Present: Chairman Dick Smith, Vice Chair Billy Cheek, Secretary Randy Robinson, Phil Gallivan and Barbara Russell Ex Officio Members: Howard Martin, ACM Utilities Absent: George Campbell City Manager and Lilia Bynum OPEN MEETING: CONSENT AGENDA: 5.Consider recommending approval of a contract with Jagoe-Public Company (a Texas Corporation), Denton, Texas, for relocating water and wastewater lines in and adjacent to Pockrus Substation in the amount not to exceed $162,503.00. (RFP #5453) With no questions Board Item 5 was pulled so Board Member Cheek could recusehimself. Member Robinson made the motion for approval with a second by Board Member Gallivan vote was 4-0. Adjournment 9:33 am EXHIBIT 3 ORDINANCE NO. _________ AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE POCKRUS SUBSTATION WATER AND WASTEWATER LINE IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 5453-AWARDED TO JAGOE-PUBLIC COMPANY IN THE NOT-TO-EXCEED AMOUNT OF $162,503). WHEREAS, the City has solicited, received and tabulated competitive proposals for the construction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described proposal is the highest scored proposal for the construction of the public works or improvements described in the Request for Proposal (RFP) document and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive proposal for the construction of public works or improvements, as described in the "Request for Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the RFP number assigned hereto, are hereby accepted and approved: RFP NUMBER CONTRACTOR AMOUNT 5453 Jagoe-Public Company $162,503 SECTION 2. The acceptance and approval of the above competitive proposals shall not constitute a contract between the City and the person submitting the proposal for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Proposers including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award. SECTION 3. The City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the proposals accepted and approved herein, provided that such contracts are made in accordance with the Notice to Proposers and Request for Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. EXHIBIT 3 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 RFP 5453to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. Upon acceptance and approval of the above competitive proposals and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved proposals and authorized contracts executed pursuant thereto. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2014. ______________________________ CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0485,Version:1 AGENDA INFORMATION SHEET DEPARTMENT:Materials Management ACM:Bryan Langley AGENDA DATE:September 9, 2014 SUBJECT Consideradoptionofanordinanceacceptingcompetitiveproposalsandawardingapublicworkscontractfor UndergroundElectricInstallationServicesforDentonMunicipalElectric;providingfortheexpenditureof fundstherefor;andprovidinganeffectivedate(RFP5567-awardedtoBarcoConstructionCo.,inthethree(3) year not-to-exceed amount of $4,837,484). The Public Utilities B RFP INFORMATION DuetotherapidrateofgrowthinDentonandtheCitysdesiretoinstallundergroundfacilitiesinallnew subdivisionsandinlocationsthatmeeteconomicfeasibility,theCityofDentonhasutilizedcontractorsforthe installation of underground utilities since February 2000. RFP#5567consistsofthelabor,equipment,tools,andsupervision,necessarytocompleteinstallationsof electricservicefacilitiesunderthedirectionofDentonMunicipalElectric(DME)staff.DMEwillprovideall permanentelectricmaterialstobeinstalledbythecontractor.Anticipatedworkwillbeperformedfor undergroundconstructioninresidentialsubdivisions,commercialandindustrialdevelopments,exitfeedersfor newsubstations,andoverheadconversionprojects.Thisagreementwillnotguaranteeaminimumamountor valueofconstructionwork.Allworkwillbetaskedunderthecontractonanasneededbasisasdeterminedby DME. RequestsforProposalsweresentto393prospectivesuppliersofthisitem.Inaddition,specificationswere placedontheMaterialsManagementwebsiteforprospectivesupplierstodownloadandadvertisedinthelocal newspaper.Two(2)proposalswerereceived.Theproposalswereevaluatedbaseduponpublishedcriteria includingprice,projectschedule,compliancewithspecifications,andindicatorsofprobableperformance.A BestandFinalOffer(BAFO)wasconductedwhichresultedinBarcoConstructionCo.(Barco)adjustingprices onlines93-95duetoanerrorindecimalplacement.Otherlineitempricingwasalsoadjustedwhichresultedin anincreaseinthetotalproposalamountof8.5%(Exhibit1).AlthoughBarcospricingdidincrease,itisstill $882,672lowerthanthepricingofferedbyPantheonConstruction.BarcoConstructionCo.wasrankedthe highest and determined to be the best value for the City (Exhibi PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) OnAugust25,2014,thePublicUtilitiesBoardrecommendedapprovaltoforwardthisitemtotheCityCouncil City of DentonPage 1 of 2Printed on 9/5/2014 powered by Legistar" File #:ID 14-0485,Version:1 for consideration. RECOMMENDATION ApproveacontractwithBarcoConstructionCo.,inthenot-to-exceedamountof$4,837,484.Thisamountis basedonestimatedquantitiesforalllineitemsincludedinRFP,butquantitieswillvarydependingonprojects actually completed during the fiscal year. PRINCIPAL PLACE OF BUSINESS Barco Construction Co. Denton, TX ESTIMATED SCHEDULE OF PROJECT Thisisaninitialone(1)yearcontractwithoptionstoextendthecontractfortwo(2)additionalone(1)year periods, with all terms and conditions remaining the same. FISCAL INFORMATION The services provided through this contract will be funded from EXHIBITS Exhibit 1: Evaluation/Best and Final Offer Exhibit 2: Public Utilities Board Draft Minutes Exhibit 3: Ordinance Respectfully submitted: Chuck Springer, 349-8260 Director of Finance For information concerning this acquisition, contact: Brent Heat City of DentonPage 2 of 2Printed on 9/5/2014 powered by Legistar" EXHIBIT 1 Ranking Summary for RFP #5567 Underground Electric Service Installation Total Miles Evaluated from Total VendorVendor LocationRank Annual DentonPoints Price Barco Construction Co.Denton, TX$4,837,484098.21 Pantheon ConstructionSanger, TX$5,720,1571094.72 EXHIBIT 2 DRAFT MINUTES PUBLIC UTILITIES BOARD August 25, 2014 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on Monday,August 25, 2014 at9:01a.m. in the Service Center Training Room, City of Denton Service Center, 901A Texas Street, Denton, Texas. Present: Chairman Dick Smith, Vice Chair Billy Cheek, Secretary Randy Robinson, Phil Gallivan and Barbara Russell Ex Officio Members: Howard Martin, ACM Utilities Absent: George Campbell City Manager and Lilia Bynum OPEN MEETING: ITEMS FOR INDIVIDUAL CONSIDERATION: 7.Receive a report, hold a discussion, and provide staff with direction concerning the approval of RFP #5567 and award of a contract for the purchase of Underground Electric Service Installation for Denton Municipal Electric; providing for the expenditure of funds therefore; and providing for an effective date (RFP #5567One Year Contract with two one year automatic renewal period unless canceled, for Underground Service Installation to Barco Construction Co., not to exceed $4,837,484.00). The presentation was made by Brent Heath, Exec Mgr of Energy Delivery; Jerry Fielder, Engineering Division Mgr; Rowdy Patterson, Line Superintendent and Brad Watts, Line Superintendent. Heath started by saying at the last PUB Meeting there was an item for Barco, a contract that was to bridge a gap for some underground electric services. DME and purchasing worked close together to expedite a new RFP that opened on August 4, 2014. That has been evaluated and also received a Best and Final Offer (BAFO). Fielder started the update on the underground projects that are current and upcoming. DME has 766 miles of electric distribution circuit with 326 miles of overhead and 440 miles of underground. DME is comprised of 57.4 percent underground. Patterson stated that DME has utilized an underground contractor since Feb. 2000. Staff is able Gallivan asked what contractor was previously to use a contractor for a lot of the civil work. used . Patterson answered Willbros is currently under contract and before that it was Tasco and before that Barco. Barco started working for DME in Feb. 2000. They worked until 2008 under contract. Patterson showed a breakdown of the last three years and how much the contractors have been utilized. In 2011 the contractor performed about 26 percent of all DME distribution construction projects totaling $517,624. In 2012, 30 percent of all DME distribution construction projects totaling $443,503. In 2013, 41 percent including underground rehabs and EXHIBIT 2 Draft Minutes of the Public Utilities Board Meeting August 25, 2014 Page 2 of 2 substations with a total of $855,515. Year to date in 2014 contractors will take care of about 50 percent of all DME projects totaling $894,869. Fielder then showed a list of DME underground projects. There are 60 total projects. Fielder stated DME had a meeting with Peterbilt. Peterbilt was interested in the cost of moving the transmission and distribution lines. This is a $5 million reimbursable project, which is two miles long. and Rayzor Ranch Apartments. The major loops are currently under design. TxDOT is widening I-35 through the City of Denton and there are several locations along that route that lines have to be relocated. Those will have some re-imbursement. FM2499 has some fairly large underground installations that will happen. Again there will be reimbursements. Watts stated that Phase 1 in Southridge is 100 percent complete. Customers are happy and like the way the work was completed. Jimmy Ward is the Contract Coordinator that oversees this project and has done a great job. Phase 2 is about 90-95 percent complete. There are a total of 41 transformers and 35 have been changed out. Phase 3 will be the largest and most challenging. There are about 75 transformers to be changed out. It is the older part of Southridge and the yards are more challenging. DME is utilizing a boring contractor to help with the transitions. In Phase 1 and Phase 2 the landscaper was not used very much at all, the work was completed without much disruption. The work is being completed by a contractor with a DME Contract Coordinator overseeing the project. The project is moving along well. Fielder stated there are other subdivisions that have underground cable at its life expectancy. These areas are on a reliability watch, there are 31 subdivisions. There are underground contractors in place so if these areas start having concerns they can be addressed. Smith asked who will reimburse on the Peterbilt project . Fielder answered it would be Peterbilt. . Williams stated that the lines are in our easement and would not have to be moved, it is their wish to have them further discussion regarding the moving of the electric lines. The motion was made to approve by Board Member Cheek with a second from Board Member Gallivan, vote 5-0. Adjournment 9:33 a.m. EXHIBIT 3 ORDINANCE NO. _________ AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A PUBLIC WORKS CONTRACT FOR UNDERGROUND ELECTRIC INSTALLATION SERVICES FOR DENTON MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 5567-AWARDED TO BARCO CONSTRUCTION CO., IN THE THREE (3) YEAR NOT-TO- EXCEED AMOUNT OF $4,837,484). WHEREAS, the City has solicited, received and tabulated competitive proposals for the construction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described proposal is the highest scored proposal for the construction of the public works or improvements described in the Request for Proposal (RFP) document and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive proposal for the construction of public works or improvements, as described in the "Request for Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the RFP number assigned hereto, are hereby accepted and approved: RFP NUMBER CONTRACTOR AMOUNT 5567 Barco Construction Co. $4,837,484 SECTION 2. The acceptance and approval of the above competitive proposals shall not constitute a contract between the City and the person submitting the proposal for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Proposers including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award. SECTION 3. The City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the proposals accepted and approved herein, provided that such contracts are made in accordance with the Notice to Proposers and Request for Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. EXHIBIT 3 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 RFP 5567 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. Upon acceptance and approval of the above competitive proposals and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved proposals and authorized contracts executed pursuant thereto. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2014. _____________________________ CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ______________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0486,Version:1 AGENDA INFORMATION SHEET DEPARTMENT:Materials Management ACM:Bryan Langley AGENDA DATE:September 9, 2014 SUBJECT ConsideradoptionofanordinanceoftheCityofDenton,Texasprovidingfor,authorizing,andapprovinga contractfortheupgradeandmaintenanceoftheCityofDentonWaterProductionSupervisoryControland DataAcquisition(SCADA)system,whichisavailablefromonlyonesourceandinaccordancewithChapter 252.022oftheTexasLocalGovernmentCodesuchpurchasesareexemptfromtherequirementsofcompetitive bidding;andprovidinganeffectivedate(File5632awardedtoPrimeControls,LPinthethree(3)yearnot-to- exceed amount of $175,000). The Public Utilities Board recommend FILE INFORMATION TheLakeRayRobertsandLakeLewisvilleWaterTreatmentPlantsarebothmanagedwithaSupervisory ControlandDataAcquisition(SCADA)systemconsistingofcomputers,software,programmablelogic controllers(PLCs)andremotetelemetryunits(RTUs).TheSCADAsystemcontrolsalltreatmentand distributionfunctionsfortheWaterProductionDivision.TheSCADAsystemcollectsanddisplaysdatafrom numerousdevicesthroughoutthetreatmentplants,boosterpumpstations,andelevatedwatertowersforprocess control,trending,andreportingrequirementsfortheTexasCommissionofEnvironmentalQuality(TCEQ)and internalneeds.HavingaproperlyfunctioningSCADAsystemiscrucialtotheprotectionofthedrinkingwater treatment process and distribution system pressure maintenance. PrimeControls,LP,basedinLewisville,TexashasassistedtheWaterProductionDivisionoverthelastten (10)yearswithmaintainingtheSCADAsystem.Originallytheyassistedstaffwithtroubleshootingsoftware issues,thenwithsoftwareupdatesandguidanceonupdatingcomputerequipmentandprocesscontrol instruments.Currently,PrimeControls,LPisasubcontractorontheLakeLewisvilleWaterTreatmentPlant RehabilitationProject.Theyhavecompletedalloftheinstrumentinstallations,calibrations,andprogramming ofanewversionoftheSCADAsoftwaretoadheretotheSCADAMasterPlanrequirements.Staffs experiencewithPrimeControlshasbeenverypositiveduetotheirqualityofworkmanshipandtheir responsiveness to the Citys needs, especially in emergency situ In2012,theWaterProductionDivision,withtheassistanceofMalcolmPirnieEngineers,developedaseven (7)yearmasterplanfortheDivisionsplantsupervisorycontrolandradiocommunicationsystems.Thereare severalprojectsproposedoverthenextthree(3)yearsthatwouldrequireintegrationservicesfromPrime Controls,LP.OneoftheprojectsidentifiedfromthisstudyistheupgradeoftheSCADAsoftwareand hardwareatLakeRayRobertsWaterProductionPlanttoamorereliableconfigurationwithredundantservers City of DentonPage 1 of 3Printed on 9/5/2014 powered by Legistar" File #:ID 14-0486,Version:1 andhotstandbyconfiguration.PrimeControls,LPjustcompletedthesameprojectattheLakeLewisville Water Production Plant. AnotherprojectisthereconfigurationoftheWideAreaNetworkwhichisproposedforFiscalYear2015-16. Thisprojectwillimprovesecuritybyaddingredundancyandupgradingthehardwareandprogrammingfor these systems. PrimeControls,LPistheonlyvendorthathasextensiveknowledgeoftheCitysWaterProductionSCADA network,thereforestaffrecommendscontractingwiththemasasinglesourcevendortoprovidemaintenance andupgradeservicesfortheSCADAsystem.Chapter252.022oftheTexasLocalGovernmentCodeexempts fromthecompetitivebidprocess,thosesuppliesandresourcesprotectedbycopyrightorpatentandavailable from only one source. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) OnAugust25,2014,thePublicUtilitiesBoardrecommendedapprovaltoforwardthisitemtotheCityCouncil for consideration. RECOMMENDATION Approve a three (3) year contract with Prime Controls, LP in the PRINCIPAL PLACE OF BUSINESS Prime Controls, LP Lewisville, TX ESTIMATED SCHEDULE OF PROJECT Thisisaninitialone(1)yearcontractwithoptionstoextendthecontractfortwo(2)additionalone(1)year periods, with all terms and conditions remaining the same. FISCAL INFORMATION Themaintenanceandupgradeserviceswillbefundedfromoperatingaccount630100.7879.PurchaseOrders will be issued on an as needed basis. EXHIBITS Exhibit 1: Single Source Memo Exhibit 2: Public Utilities Board Minutes Exhibit 3: Ordinance Exhibit 4: Contract Respectfully submitted: Chuck Springer, 349-8260 Director of Finance City of DentonPage 2 of 3Printed on 9/5/2014 powered by Legistar" File #:ID 14-0486,Version:1 For information concerning this acquisition, contact: Jim Coulte City of DentonPage 3 of 3Printed on 9/5/2014 powered by Legistar" EXHIBIT 1 WATER UTILITIES / WATER PRODUCTION DIVISION (940) 349-7501 FAX (940) 349-7506 1701 B. SPENCER RD., DENTON, TEXAS 76205 MEMORANDUM Date: August 25, 2014 To: Elton Brock, Purchasing Manager From: Randy Markham, Water Production Superintendent Subject: Single Source Contract with Prime Controls Prime Controls, based in Lewisville, Texas has assisted Water Production over the last ten years with maintaining our Supervisory Control and Data Acquisition (SCADA) system. We are recommending the use of Prime Controls as a single provider to continue with our routine SCADA integration needs as well as working on portions of our 7-year SCADA Master Plan. The 3-year contract will reduce the amount of time that staff has to spend with the Purchasing procedures and streamlines the entire process. Water Production is recommending the use of Prime Controls, as a single provider, as they are the only SCADA integrator that has extensive knowledge of our SCADA Network and staff has had positive experiences working with them in the past. To summarize the benefits derived from approval of this contract Reliability, training and learning curve (cost savings), great working relationship with Prime Controls. www.cityofdenton.com EXHIBIT 2 DRAFT MINUTES PUBLIC UTILITIES BOARD August 25, 2014 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is present, the Chair of the Public Utilities Board will thereafter convene into an openmeeting on Monday, August 25, 2014 at9:01a.m. in the Service Center Training Room, City of Denton Service Center, 901A Texas Street, Denton, Texas. Present: Chairman Dick Smith, Vice Chair Billy Cheek, Secretary Randy Robinson, Phil Gallivan and Barbara Russell Ex Officio Members: Howard Martin, ACM Utilities Absent: George Campbell City Manager and Lilia Bynum OPEN MEETING: CONSENT AGENDA: 1.Consider recommending approval of a three-year contract with Prime Controls, LP for upgrade and maintenance services related t not to exceed $175,000.00. Motion was made to approve item 1by Board Member Russell with the second by Board Member Cheek. The vote was 5-0 approved. Adjournment 9:33 am EXHIBIT 3 ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR, AUTHORIZING, AND APPROVING A CONTRACT FOR THE UPGRADE AND MAINTENANCE OF THE CITY OF DENTON WATER PRODUCTION SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM, 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 5632 AWARDED TO PRIME CONTROLS, LP IN THE THREE (3) YEAR NOT-TO-EXCEED AMOUNT OF $175,000). 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 5632 Prime Controls, LP $175,000 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. EXHIBIT 3 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 5632 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 ____________, 2014. ______________________________ CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ______________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ EXHIBIT 4 CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS ANDPRIME CONTROLS, LP (FILE 5632) THIS CONTRACT is made and entered into this day of A.D., 2014, by and between Prime Controls, LPa corporation, whose address is 1725 LakepointeDrive, CITY OFDENTON, Lewisville, TX 75057,hereinafter referred to as "Contractor," 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 ofthis 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 provide products and/or services in accordance with the City’s document FILE #5632 Upgrade and Maintenance Services related to Water Production’s SCADA Control System ,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 and incorporated herein by reference: (Exhibit “A”); (a)Special Terms and Conditions (Exhibit “B” on File at theOffice of the Purchasing (b)Request for Proposal Agent); (Exhibit “C”); (c)City of Denton Standard Terms and Conditions (Exhibit “D”); (d)Insurance Requirements (Exhibit "E"); (e)Form CIQ – Conflict of Interest Questionnaire (Exhibit "F") (f)Contractor’s Proposal. ; These documents make upthe 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 as “Contract Documents.” File # 5632 1 EXHIBIT 4 Exhibit A Special Terms and Conditions Total Contract Amount The contract total for services shall not exceed $175,000. Pricing shall be per Exhibit D attached. Contract Terms The contract term will be three (3) years, effective from date of award or notice to proceed as determined by the City of Denton Purchasing Department. The contract shall commence upon the issuance of a Notice of Award by the City of Denton and shall automatically renew each year, from the date of award by City Council, unless either party notifies the other prior to the scheduled renewal date. At the sole option of the City of Denton, the contract may be further extended as needed, not to exceed a total of six (6) months. File # 5632 3 EXHIBIT 4 Exhibit C Standard Purchase Terms and Conditions These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings and other requirements included in the City’s solicitation are applicable to Contracts/Purchase Orders issued by the City hereinafter referred to as the City or Buyer and the Seller herein after referred to as the Bidder, Contractor or Supplier. Any deviations must be in writing and signed by a representative of the City’s Procurement Department and the Supplier. No Terms and Conditions contained in the Sellers Solicitation 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 Contractor agrees that the Contract shall be governed by the following terms and conditions, unless exceptions are duly noted and fully negotiated. CONTRACTOR’S OBLIGATIONS 1.. The Contractor shall fully and timely provide all deliverables described in the Solicitation and in the Contractor’s Offer in strict accordance with the terms, covenants, and conditions of the Contract 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. INVOICES 3.: A. The Contractor 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. Proper Invoices must include a unique invoice number, the purchase order or delivery B. order number and the master agreement number if applicable, the Department’s Name, and the 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 Contractor’s name, remittance address and, if applicable, the tax identification number on the invoice must exactly match the information in the Vendor’s registration with the City. Unless otherwise instructed in writing, the City may rely on the remittance address specified on the Contractor’s invoice. 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. D. Unless otherwise expressly authorized in the Contract. 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. File # 5632 4 EXHIBIT 4 PAYMENT 4.: A. All proper invoices need to be sent to Accounts Payable. Approved invoices will be paid within thirty (30) calendar days of the City’s receipt of the deliverables or of the invoice being received in Accounts Payable, whichever is later. If payment is not timely made, (per paragraph A); interest shall accrue on the unpaid B. balance at the lesser 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 Contractor 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 Contractor to such extent as may be necessary on account of: i. delivery of defective or non-conforming deliverables by the Contractor; ii. third party claims, which are not covered by the insurance which the Contractor is required to provide, are filed or reasonable evidence indicating probable filing of such claims; iii. failure of the Contractor to pay Subcontractors, or for labor, materials or equipment; iv. damage to the property of the City or the City’s agents, employees or contractors, which is not covered by insurance required to be provided by the Contractor; v. reasonable evidence that the Contractor’s obligations will not be completed within the time 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 Contractor to submit proper invoices with purchase order number, with all required attachments and supporting documentation; or vii. failure of the Contractor to comply with any material provision of the Contract Documents. E. Notice is hereby given that any awarded Contractor who is in arrears to the City 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 Contractor agrees that there shall be no additional charges, surcharges, or penalties to the City for payments made by credit card or electronic funds transfer. G. The awarding or continuation of this contract is dependent upon the availability of funding. The City’s payment 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 Contractor. The City shall provide the Contractor 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 5.: All travel, lodging and per diem expenses in connection with the Contract shall be paid by the Contractor, unless otherwise stated in the contract terms. File # 5632 5 EXHIBIT 4 FINAL PAYMENT AND CLOSE-OUT 6.: A. If a DBE/MBE/WBE Program Plan is agreed to and the Contractor has identified Subcontractors, the Contractor 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 Contractor 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 Contractor, 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 Contractor to comply with the Contract or the terms of any warranty specified herein, (4) arising from the Contractor’s continuing obligations under the Contract, including but not limited to indemnity and warranty obligations, or (5) arising under the City’s right to audit; and ii. a waiver of all claims by the Contractor against the City other than those previously asserted in writing and not yet settled. RIGHT TO AUDIT 7.: A. The City shall have the right to audit and make copies of the books, records and computations pertaining to the Contract. The Contractor 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 Contractor 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 theContractor 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 constitute, in the City’s sole discretion, grounds for termination thereof. Each of the terms “books”, “records”, “documents” and “other evidence”, as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. SUBCONTRACTORS 8.: A. If the Contractor identified Subcontractors in a DBE/MBE/WBE agreed to Plan, the Contractor shall comply with all requirements approved by the City. The Contractor shall not initially employ any Subcontractor except as provided in the Contractor’s Plan. The Contractor 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 Contractor 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 Contractor by a Subcontractor shall be pursuant to a written contract between the Contractor and Subcontractor. The terms of the subcontract may not conflict with the terms of the File # 5632 6 EXHIBIT 4 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 Contractor. 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 Contractor in sufficient time to enable the Contractor 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 Contractor, 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 Contractor is required to indemnify the City. C. The Contractor shall be fully responsible to the City for all acts and omissions of the Subcontractors just as the Contractor is responsible for the Contractor'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. TheContractor shall pay each Subcontractor its appropriate share of payments made to the Contractor not later than ten (10) calendar days after receipt of payment from the City. WARRANTY-PRICE 9.: A. The Contractor warrants the prices quoted in the Offer are no higher than the Contractor's current prices on orders by others for like deliverables under similar terms of purchase. B. The Contractor 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 Contractor or with any competitor. C. In addition to any other remedy available, the City may deduct from any amounts owed to the Contractor, or otherwise recover, any amounts paid for items in excess of the Contractor's current prices on orders by others for like deliverables under similar terms of purchase. WARRANTY –SERVICES 10.: The Contractor 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 Contractor 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. 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 Contractor 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 Contractor. The City shall endeavor to give the Contractor written notice of the breach of warranty within thirty (30) calendar daysof discovery of the breach warranty, but failure to give timely notice shall not impair the City’s rights under this section. File # 5632 7 EXHIBIT 4 C. If the Contractor 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 Contractor, and purchase conforming services from other sources. In such event, the Contractor shallpay 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 11.: 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 Contractor shall pay all claims, costs, losses and damages attributable to the City’s 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 Contractor. RIGHT TO ASSURANCE 12.: Whenever one party to the Contract in good faith has reason to question the other party’s intent to perform, demand may be made to the other party for written assurance of the intent to perform. 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 13.: The City may issue an immediate Stop Work Notice in the event the Contractor 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 Contractor will cease all work until notified by the City that the violation or unsafe condition has been corrected. The Contractor shall be liable for all costs incurred by the City as a result of the issuance of such Stop Work Notice. DEFAULT 14.: The Contractor shall be in default under the Contract if the Contractor (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 Contractor’s Offer, or in any report or deliverable required to be submitted by the Contractor to the City. TERMINATION FORCAUSE: 15.In the event of a default by the Contractor, 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 Contractor, within such ten (10) day period, cures such default, or provides evidence sufficient to prove to the City’s reasonable satisfaction that such default does not, in fact, exist. In addition to any 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 Contractor’s default, including, without limitation, cost of cover, reasonable attorneys’ fees, court costs, and prejudgment and post-judgment interest at the maximum lawful rate. Additionally, in the event of a default by the Contractor, the City may remove the Contractor from the City’s vendor list for three (3) years and any Offer submitted by the Contractor 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. File # 5632 8 EXHIBIT 4 TERMINATION WITHOUT CAUSE 16.: The City shall have the right to terminate the Contract, in whole or in part, without cause any time upon thirty (30) calendar days’ prior written notice. Upon receipt of a notice of termination, the Contractor 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 Contractor, 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 17.: Fraudulent statements by the Contractor on any Offer or in any report or deliverable required to be submitted by the Contractor to the City shall be grounds for the termination of the Contract for cause by the City and may result in legal action. DELAYS 18.: A. The City may delay scheduled delivery or other due dates by written notice to the Contractor 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 Contractor shall negotiate an equitable adjustment for costs incurred by the Contractor in the Contract price and execute an amendment to the Contract. The Contractor 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 Contractor 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 19.: 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 Contractor, their respective agents, officers, employees and subcontractors; the officers, agents, and employeesof 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 Contractor, the Contractor’s subcontractors, and third parties), ii. "Fault" shall include the sale of defective or non-conforming deliverables, negligence, willful misconduct or a breach of any legally imposed strict liability standard. THE CONTRACTOR SHALL DEFEND (AT THE OPTION OF THE CITY), B. INDEMNIFY, AND HOLD THE CITY, ITS SUCCESSORS, ASSIGNS, OFFICERS, EMPLOYEES AND ELECTED OFFICIALS HARMLESS FROM AND AGAINST ALL INDEMNIFIED CLAIMS DIRECTLY ARISING OUT OF, INCIDENT TO, CONCERNING OR RESULTING FROM THE FAULT OF THE CONTRACTOR, OR File # 5632 9 EXHIBIT 4 THE CONTRACTOR'S AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE PERFORMANCE OF THE CONTRACTOR’S OBLIGATIONS UNDER THE CONTRACT. NOTHING HEREIN SHALL BE DEEMED TO LIMIT THE RIGHTS OF THE CITY OR THE CONTRACTOR (INCLUDING, BUTNOT LIMITED TO, THE RIGHT TO SEEK CONTRIBUTION) AGAINST ANY THIRD PARTY WHO MAY BE LIABLE FOR AN INDEMNIFIED CLAIM. INSURANCE 20.: The following insurance requirements are applicable, in addition to the EXHIBIT D specific insurance requirements detailed in The successful Contractor shall procure and maintain insurance of the types and in the minimum amounts acceptable to the City. The insurance shall be written by a company licensed to do business in the State of Texas and satisfactory to the City. A. General Requirements: i. The Contractor 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 Contractor shall provide Certificates of Insurance with the coverage’s and endorsements required to 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 Contractor must also forward a Certificate of Insurance to theCity 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 Contractor 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 Contractor hereunder and shall not be construed to be a limitation of liability on the part of the Contractor. iv. The Contractor must submit certificates of insurance to the City for all subcontractors prior to the subcontractors commencing work on the project. v. The Contractor’s and all subcontractors’ insurance coverage shall be written by companies licensed to do businessin the State of Texas at the time the policies are issued and shall be written by companies with A.M. Best ratings of A- VII or better. The City will accept workers’ compensation coverage written by the Texas Workers’ Compensation Insurance Fund. 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 vii. The “other” insurance clause shall not apply to the City where the City is an additional insured shown on any policy. It is intended that policies required in the Contract, covering both the City and the Contractor, shall be considered primary coverage as applicable. File # 5632 10 EXHIBIT 4 viii. If insurance policies are not written for amounts agreed to with the City, the Contractor 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 Contractor. xi. The Contractor 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 Contractor 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 Contractor shall endeavor to provide the City thirty (30) calendar days’ written notice of erosion of the aggregate limits below occurrence limits for all applicable coverage’s indicated within the Contract. xiv. The insurance coverage’s specified in within the solicitation and requirements are required minimums and are not intended to limit the responsibility or liability of the Contractor. B. Specific Coverage Requirements: Specific insurance requirements are contained in the solicitation instrument. CLAIMS 21.: If any claim, demand, suit, or other action is asserted against the Contractor which arises under or concerns the Contract, or which could have a material adverse affect on the Contractor’s ability to perform thereunder, the Contractor shall give written notice thereof to the City within ten (10) calendar days after receipt of notice by the Contractor. 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 22.: 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 Contractor shall be sent to the address specified in the Contractor’s Offer, or at such other address as a party may notify the other in writing. Notices to the City shall be addressed to the City at 901B Texas Street, Denton, Texas 76209 and marked to the attention of the Purchasing Manager. File # 5632 11 EXHIBIT 4 RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL 23.: All material submitted by the Contractor to the City shall become property of the City upon receipt. Any portions of such material claimed by the Contractor 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. NO WARRANTY BY CITY AGAINST INFRINGEMENTS 24.: The Contractor represents and warrants to the City that: (i) the Contractor shall provide the City good and indefeasible title to the deliverables and (ii) the deliverables supplied by the Contractor 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 Contractor does not know of any valid basis for any such claims. The Contractor 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) any claim that the City’s exercise anywhere in the world of the rights associated with the City’s’ ownership, and if applicable, license rights, and its use of the deliverables infringes the intellectual property rights of any third party; or (ii) the Contractor’s breach of any of Contractor’s representations or warranties 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-counsel on the City’s behalf. Further, Contractor agrees that the City’s specifications regarding the deliverables shall in no way diminish Contractor’s warranties or obligations under this paragraph and the City makes no warranty that the production, development, or delivery of such deliverables will not impact such warranties of Contractor. CONFIDENTIALITY 25.: In order to provide the deliverables to the City, Contractor may require access to certain of the City’s and/or its licensors’ confidential information (including inventions, employee information, trade secrets, confidential know-how, confidential business information, and other information which the City or its licensors consider confidential) (collectively, “Confidential Information”). Contractor 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 Contractor (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 Contractor promptly notifies the City before disclosing such information so as to permit the City reasonable time to seek an appropriate protective order. The Contractor agrees to use protective measures no less stringent than the Contractoruses 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. File # 5632 12 EXHIBIT 4 OWNERSHIP AND USE OF DELIVERABLES 26.: 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 Contractor agrees to disclose such patentable subject matter to the City. Further, if requested by the City, the Contractor 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 Contractor agrees that upon their creation, such deliverables shall be considered as work made-for-hire by the Contractor for the City and the City shall own all copyrights in andto such deliverables, provided however, that nothing in this Paragraph 38 shall negate the City’s sole or joint ownership of any such deliverables arising by virtue of the City’s sole or joint authorship of such deliverables. Should by operation of law, such deliverables not be considered works made-for- hire, the Contractor 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 Contractor 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 Contractor 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 exclusiveright, title, and interest in and to the deliverables. The Contractor’s obligations to execute, acknowledge, and deliver (or cause to be executed, acknowledged, and delivered) instruments or papers such as those described in this Paragraph 38 a., b., 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 Contractor agrees to treat the same as Confidential Information under the terms of Paragraph 37 above. PUBLICATIONS 27.: 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 28.: The Contractor shall not advertise or publish, without the City’s prior consent, the fact that the City has entered into the Contract, except to the extent required by law. NO CONTINGENT FEES 29.: The Contractor 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 Contractor 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 File # 5632 13 EXHIBIT 4 deduct from any amounts owed to the Contractor, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. GRATUITIES 30.: The City may, by written notice to the Contractor, cancel the Contract without liability if it is determined by the City that gratuities were offered or given by the Contractor or any agent or representative of the Contractor to any officer or employee of the City 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 Contractor in providing such gratuities. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS 31.: 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 Contractor shall render the Contract voidable by the City. The Contractor shall complete and submit the City’s Conflict of Exhibit E Interest Questionnaire (). INDEPENDENT CONTRACTOR 32.: The Contract shall not be construed as creating an employer/employee relationship, a partnership, or a joint venture. The Contractor’s services shall be those of an independent contractor. The Contractor agrees and understands that the Contract does not grant any rights or privileges established for employees of the City, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker’s compensation, or any other City employee benefit. The City shall not have supervision and control of the Contractor or any employee of the Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City, Texas, or his designee under this agreement. ASSIGNMENT-DELEGATION 33.: The Contract shall be binding upon and ensure to the benefit of the City and the Contractor 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 Contractor without the prior written consent of the City. Any attempted assignment or delegation by the Contractor 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 34.: 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 writingsigned by the aggrieved party. No waiver by either the Contractor 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. File # 5632 14 EXHIBIT 4 MODIFICATIONS 35.: The Contract can be modified or amended only by a writing signed by both parties. No pre-printed or similar terms on any the Contractor invoice, order or other document shall have any force or effect to change the terms, covenants, and conditions of the Contract. INTERPRETATION 36.: 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 enactedby the State of Texas, is used in the Contract, the UCC definition shall control, unless otherwise defined in the Contract. DISPUTE RESOLUTION 37.: 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 Contractor 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 Contractor will share the mediator’s fees equally and the 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 38.: 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. File # 5632 15 EXHIBIT 4 INVALIDITY 39.: 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. HOLIDAYS: 40.The following holidays are observed by the City: New Year’s Day (observed) MLK Day Memorial Day 4th of July Labor Day Thanksgiving Day Day After Thanksgiving Christmas Eve (observed) Christmas Day (observed) New Year’s 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 5:00 pm, Monday through Friday, excluding City of Denton Holidays. Any scheduled deliveries or work performance not within the normal hours of must be approved operation by the City Manager of Denton, Texas or his authorized designee. SURVIVABILITY OF OBLIGATIONS: 41.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: 42. The City is prohibited from contracting with or making prime or sub-awards to parties that are suspended ordebarred or whose principals are suspended or debarred from Federal, State, or City 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. EQUAL OPPORTUNITY 43. Equal Employment Opportunity: A. No Offeror, or Offeror’s agent, shall engage in any discriminatory 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. No Offeror, or Offeror’s agent, shall engage in any discriminatory employment practice against individuals with disabilities as defined in the ADA. File # 5632 16 EXHIBIT 4 BUY AMERICAN ACT-SUPPLIES (Applicable to certain federally funded 44. requirements) 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 Contractor, the acquisition cost, including transportation costs to the place of incorporation into theend 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 Contractor, 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 (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 aretreated 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 Contractor 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: 45.The City 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: 46.Provided the solicitation requires an awarded contractor or supplier to be licensed by the State of Texas, any and all fees and taxes are the responsibility of the respondent. PREVAILING WAGE RATES: 47.All respondents will be required to comply with Provision 5159a of “Vernon’s Annotated Civil Statutes” of the State of Texas with respect to the payment of prevailing wage rates and prohibiting discrimination in the employment practices. http://www.access.gpo.gov/davisbacon/tx.html File # 5632 17 EXHIBIT 4 COMPLIANCE WITH ALL STATE, FEDERAL, AND LOCAL LAWS: 48.The contractor or supplier shall comply with all State, Federal, and Local laws and requirements. The Respondent 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 Respondent shall give all notices and comply with all laws and regulations applicable to furnishing and performance of the Contract. FEDERAL, STATE, AND LOCAL REQUIREMENTS: 49.Respondent 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. Respondent is responsible for both federal and State unemployment insurance coverage and standard Worker's Compensation insurance coverage. Respondent shall ensure compliance with all federal and State tax laws and withholding requirements. The City shall not be liable to Respondent or its employees for any Unemployment or Workers' Compensation coverage, or federal or State withholding requirements. Contractor shall indemnify the City and shall pay all costs, penalties, or losses resulting from Respondent'somission or breach of this Section. DRUG FREE WORKPLACE: 50.The contractor 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 contractor shall comply with the relevant provisions thereof, including any amendments to the final rule that may hereafter be issued. RESPONDENT LIABILITYFOR DAMAGE TO GOVERNMENT PROPERTY: 51.The Respondent shall be liable for all damages to government-owned, leased, or occupied property and equipment caused by the Respondent and its employees, agents, subcontractors, and suppliers, including any delivery or cartage company, in connection with any performance pursuant to the Contract. The Respondent shall notify the City Procurement Manager in writing of any such damage within one (1) calendar day. FORCE MAJEURE: 52.The City, any Customer, and the Respondent 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. In the event of an occurrence under this Section, the Respondent will be excused from any further performance or observance of the requirements so affected for as long as such circumstances prevail and the Respondent continues to use commercially reasonable efforts to recommence performance or observance whenever and to whatever extent possible without delay. The Respondent shall immediately notify the City 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. File # 5632 18 EXHIBIT 4 NON-WAIVER OF RIGHTS: 53.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 Party’s exercise or partial exercise of any right or remedy under the Contract shall operate to limit, impair, preclude, 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: 54.The Parties expressly agree that no provision of the Contract is in any way intended to constitute a waiver by the City of any immunities from suit or from liability that the City may have by operation of law. RECORDS RETENTION: 55.The Respondent 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 Respondent 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 Respondent 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. File # 5632 19 EXHIBIT 4 Exhibit D INSURANCE REQUIREMENTS AND WORKERS’ COMPENSENTATION REQUIREMENTS Upon contract execution, all insurance requirements shall become contractual obligations, which the successful contractorshall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. Contractor shall file with the Purchasing Department satisfactory certificates of insuranceincluding any applicable addendum or endorsements, containing the contract numberand title of the project. Contractor may, upon written request to the PurchasingDepartment, ask for clarification of any insurance requirements at any time; however,Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: Each policy shall be issued by a company authorized to do business in the State of A- VII or better Texas with an A.M. Best Company rating of at least . Any deductibles or self-insured retentions shall be declared in the proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City,its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Liability policies shall be endorsed to provide the following: Name as Additional Insuredthe City of Denton, its Officials, Agents, Employees and volunteers. That such insurance is primary to any other insurance available to the Additional Insuredwith respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. Cancellation: City requires 30 day written notice should any of the policies described on the certificate be cancelled or materially changed before the expiration date. File # 5632 20 EXHIBIT 4 Should any of the required insurance be provided under a claims made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: General Liability Insurance: [X] A. General Liability insurance with combined single limits of not less than $1,000,000.00 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. Coverage B shall include personal injury. Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. File # 5632 21 EXHIBIT 4 Automobile Liability Insurance: [X] Contractor shall provide Commercial Automobile Liability insurance with Combined $500,000 Single Limits (CSL) of not less than either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: any auto, or all owned hired and non-owned autos. Workers’ Compensation Insurance [X] Contractor shall purchase and maintain Workers’ Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractorshall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Workers’ Compensation Commission (TWCC). Owner's and Contractor's Protective Liability Insurance [ ] The Contractorshall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an “occurrence" basis and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be atleast $500,000.00 combined bodily injury and property damage per occurrence with a $1,000,000.00 aggregate. Fire Damage Legal Liability Insurance [ ] Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. Professional LiabilityInsurance [ ] $1,000,000.00 Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. File # 5632 22 EXHIBIT 4 Builders' Risk Insurance [ ] Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. Commercial Crime [ ] Provides coveragefor the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a “blanket” basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than $ each occurrence are required. Additional Insurance [ ] Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. File # 5632 23 EXHIBIT 4 ATTACHMENT 1 Workers’ Compensation Coverage for Building or Construction Projects for [X] Governmental Entities A.Definitions: Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner- operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B.The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C.The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D.If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. File # 5632 24 EXHIBIT 4 E.The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1.a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2.no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F.The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G.The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I.The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1.provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2.provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3.provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; File # 5632 25 EXHIBIT 4 4.obtain from each other person with whom it contracts, and provide to the contractor: a.a certificate of coverage, prior to the other person beginning work on the project; and b.a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 5.retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6.notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7.Contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. By signing this contract or providing or causing to be provided a certificate of J. coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. The contractor’s failure to comply with any of these provisions is a breach of K. contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. File # 5632 26 EXHIBIT 4 Exhibit E 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, 80th Leg., Regular Session . OFFICE USE ONLY This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a 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 administrator of the local government entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. Name of person who has a business relationship with local governmental entity. 1 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not th later than the 7business day after the date the originally filed questionnaire becomes incomplete or 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 completed for each officer with whom the filer has an 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 or likely to receive taxable income, other than investment income, from the filer of the questionnaire? YesNo B.Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section ANDthe taxable income is not received from the local governmental entity? YesNo C.Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? YesNo D.Describe each affiliation or business relationship. 4 Signature of person doing business with the governmental Date entity File # 5632 27 EXHIBIT EXHIBIT F 4 PRIME CONTROLS, LP PROPOSED CONTROLSYSTEM MAINTENANCE SERVICES T&M City of Denton. Prime Controlsagrees to provide and the agrees to accept, under the terms and conditions of this agreement, technical services on a “Time and Material” basis as defined hereafter. I.Term of Agreement: This agreement is effective for the period of three(3) years from _______________. This agreement may be canceled by either party within thirty (30) days written notice to the other party. II.Service Rates: Technical service shall be provided and charged for the following four (4)taskcategories with associated rates per task: Scheduled Service (Services schedule two (2) weeks in advance; i.e. Annual Calibrations, Monthly Services, Misc. Projects, Training, etc.); $95.00 per hour straight time plus expenses $126.00 per hour overtime plus expenses Non-critical On-Site Service (Services required within one (1) week of notice); $110.00 per hour straight time plus expenses $146.00 per hour overtime plus expenses Emergency On-Site Service (Services required within one (1) day of notice); $130.00 per hour straight time plus expenses $173.00 per hour overtime plus expenses Telephone/Dial up Support (Services performed off site with the use of telephone, $75.00 per hour straight time $110.00 per hour overtime Task rates quoted above are charged on a per task basis regardless of the job classification of the employee performing the task. Prime Controls shall ensure that any employee assigned to these tasks is fully-trained, experienced, and capable of completing the task. Scheduled Annual System Calibration will consist of a complete system checkout and City of Denton. completing miscellaneous request by the All integral parts of the system including Computers, Software, and RTUs will be tested and exercised during this week. 28 EXHIBIT EXHIBIT F 4 A report will be generated documenting any problems found and resolved during this procedure. Scheduled monthly services will consist of completing and checking any miscellaneous City of Denton problems or request thehas seen. There will be a logbook provided at the computer that will allow the operators to log any questions or concerns that can be addressed during this visit. Demand service calls consist of a telephone call back to the customer within one (1) hour of page or message. A minimum of two (2) hours will be charged for Scheduled or Non- Critical Services. Emergency on-site services consist of technical assistance being on-site within twenty four (24) hours of call. Communication between the technician and customer will remain open during this time period. Upon an emergency service call, a minimum of four (4) hours will be charged. Labor rates include all payroll taxes, benefits, hand tools, overhead and profit. Straight time rates apply for all hours worked during the normal eight (8) hour day, Monday through Friday. Overtime rates shall apply for all hours worked in excess of the normal eight (8) hour day and all day Saturday and Sunday. III.Other Time and Material Rates Other rates that may be charged for “Time and Material” based projects are listed below. If applicable, these descriptions and rates will be annotated in the quote for review by the City of Denton. The following rates are those published in our GSA Schedule 70 Contract Number GS- 35F-0455W, Mod 1, dated 02/15/2011. This contract expires May 25, 2015 at which time these rates are subject to change. Profession\Trade 2014 Straight Time 2014 Overtime Account Manager $164.00 $164.00 Project Manager $103.77 $103.77 Project Engineer 2 $100.77 $150.00 Project Engineer 1 $100.75 $150.00 Sr. Technician $84.63 $125.00 Technician $84.63 $125.00 CAD $64.48 $95.00 The following rates arefor services outside the scope of our GSA Schedule (Open Market Items): IT Professional $145.00 $193.00 Electrician $75.00 $100.00 29 EXHIBIT EXHIBIT F 4 IV.Material/Special Tool rates Material, special tools and job site facilities requested to be furnished by Prime Controls shall be invoiced for at actual documented costs plus 25% markup. Travel Expenses Travel Expenses shall be invoiced for at actual documented costs and shall include transportation, lodging and per diem rate of $60.00 per individual, when applicable. Mileage rate shall be $0.75per mile. V.Charges and Invoices A.Change of Rate Rates for the specified service tasks in Section II will not change for the duration of this agreement. The Time and Material rates in Section III are subject to revision when our GSA Schedule Contract is renewed. This renewal process satisfies the competition requirements of the Texas Municipal Code. B.Invoicing Invoicing shall be monthly and include a recap of all services provided and related supporting documentation. C.Taxes Invoices shall include applicable sales tax as a separate line item. Taxes shallbe charged on material and labor except that work for which the customer provides an executed tax exemption certificate to Prime Controls. VI.Responsibilities of Prime Controls A.Response to Customer Requests Prime Controlsshall make every effort to provide requested services in a timely manner. On-Site response to requests for emergency servicesshall be expected within eight (8) hours. Response to requests for services other than emergency service shall be properly scheduled to satisfy customer’s requirements. B.Insurance Prime Controlsagrees to obtain and maintain insurance with the following minimum coverages: General Liability: $1,000,000/$2,000,000 Automobile Liability: $1,000,000 Workers Compensation: $1,000,000 30 EXHIBIT EXHIBIT F 4 A certificate of insurance shall be provided upon request. C.Conduct/Performance Prime Controlsshall assume full responsibility for the conduct and performance of our employees and/or subcontractors. D.Disclaimer and Limitation of Liability Prime Controls shall not be responsible for consequential or special damages resulting from any work, or lack thereof, carried out on the equipment covered by this agreement, except that damage which is determined to be caused directly by negligence on the part of Prime Controlsemployees or agents thereof. In any event, liability shall be limited to repair or replacement of damaged equipment. Signed and accepted on the ______________ day of __________, 2014. _________________ _______________________________ Customer PRIME CONTROLS, LP 31 City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0487,Version:1 AGENDA INFORMATION SHEET DEPARTMENT:Materials Management ACM:Bryan Langley AGENDA DATE:September 9, 2014 SUBJECT ConsideradoptionofanordinanceacceptingcompetitiveproposalsandawardingacontractforPrepaid UtilitiesServicesfortheCityofDenton;providingfortheexpenditureoffundstherefor;andprovidingan effectivedate(RFP5346-awardedtoExceleronSoftware,LLCinthethree(3)yearnot-to-exceedamountof $1,100,000). The Public Utilities Board recommends approval (5-0 BACKGROUND OnJune11,2013,staffrecommendedastrategytotheCityCouncilforpursuingaprepaidutilitiessolution. Putsimply,theprepaidbillingmodelmeans, Payasyougo. Ratherthanestablishingutilitiesservice, waitingforabill,andattemptingtomakepaymentpriortoautilityenforcedduedate,prepaidutilities customersareaffordedtheopportunityofprepayingfortheamountofutilitiestheyfeelwillbeused.Instead ofreceivingabill,prepaidcustomersmonitortheirownutilitiesusage,andwhentheyobservethattheir payment is almost exhausted, they remit another prepayment. Utilityprovidersarefindingthatadvancedmeteringsystemsprovidetheabilitytopresentnearreal-timeusage datatotheircustomers.Itisthisabilitythatenablestheuseoftheprepaidbillingmodel.Prepaidsoftware utilizesdatareceivedfromboththeAdvancedMeteringInfrastructure(AMI)andacustomerinformation billing system to track and present this data in a method that i Presentmentofusagetrends,payments,andcreditbalancesallowsutilitycustomerstoeffectivelymanagetheir account.Thisinformationisreadilyavailableforcustomerstoretrieveviatheinternet,mobiletelephone,orby callingatollfreenumber.Inaddition,prepaidcustomerscanelecttohavecustomizednotificationssentto themthroughtextmessaging,email,orautomatedtelephonecallstoalertthemwhentheirprepaidbalanceis low. Inadditiontothebenefitsdetailedabove,utilitysystemsthathaveadoptedtheprepaidmodelarereporting reducedelectricityconsumptionof10-12%forparticipatingcustomers.Thisisacostsavingsforboththeend useraswellastheutilityprovider.Prepaidutilitiesalsoallowcustomerstoavoidpayingforservicedeposits, andbecauseallusageispurchasedinadvance,latefeesandoverdueinterestarenotassessed.TheCitys utilitiesbenefitthroughimprovedcashflows,improveddebtrecovery,andreducedmailingandcollection costs.Staffbelievesthataprepaidsystemcanhaveapositiveeffectonboththevolumeanddynamicof interactions between the Citys employees and utilities customer City of DentonPage 1 of 3Printed on 9/5/2014 powered by Legistar" File #:ID 14-0487,Version:1 AttheconclusionofstaffspresentationonJune11,2013,theCityCouncilrecommendedthatstaffproceed with the strategy and pursue a vendor capable of providing the d RFP INFORMATION OnOctober18,2013,staffissuedaRequestforProposals(RFP)tovendorsqualifiedtoprovideprepaid utilitiesservice.Requestsforproposalsweresentto222suppliers.Inaddition,specificationswereplacedon theMaterialsManagementwebsiteforprospectivesupplierstodownloadandadvertisedinthelocal newspaper.AselectioncommitteecomprisedofrepresentativesfromCustomerService,DentonMunicipal Electric, and Technology Services reviewed the two vendor propos Proposals were solicited utilizing the following criteria to eva 1.Indicators of probable performance under contract20% 2.Delivery timeframe and compliance with specifications,20% quality, reliability, characteristics to meet stated or im 3.Experience and qualifications of key personnel available for thi10% project and ability of the contractor to meet overall deli 4.Price, total cost of ownership50% Theevaluationcommitteesapproachwastofindthemostqualifiedfirmatareasonablepricetoensurethe bestvaluefortheorganization.Thecommitteesgoalwhileevaluatingsubmissionswastoconfirmthatthe vendorshadextensiveexperienceworkingwithprepaidutilities,aproventrackrecordofsimilar implementations, and a willingness to offer ongoing support. Thecommitteeevaluatedtheproposals,andthefirmswererankedbasedonthesameevaluationcriteria (Exhibit2).Afterreviewingeachsubmission,staffrequestedthatthefirmsprovideclarificationonpricingand otherspecifications.Followingthisreview,thecommitteedeterminedthatthelowestcostfinalist,Harris Utilities,didnotprovidethebestvaluetotheteam.Thiswasprimarilytheresultofthefirmhavingasmall numberofsuccessfulimplementationsandthefunctionalityoftheproductnotmeetingallofstaffs specifications. Thecommitteeconductedaninterviewwiththetopfirmtoconfirmthattheirserviceofferingwouldbeagood fitfortheCitysprepaidstrategy.Attheconclusionofthisinterview,theevaluationcommitteedetermined thatExceleronSoftware,LLCwaswellsuitedtoserveastheCitysprepaidutilitiespartner.Thefirmhas completedover80successfulimplementationswithavarietyofutilities,andtheirproductmeetsorexceedsall ofthespecificationsstatedintherequestforproposals.StaffaskedExcelerontoreevaluatetheirproposed pricingandsubmittheirBestandFinalOffer(BAFO)(Exhibit1).Asidefromaonetimeimplementation chargeof$15,000,themajorityoftheprogramsexpensewillberelatedtovariablecosts.Thesecostsinclude monthlysubscriberandnotificationfeesthatareassessedonapersubscriber(customer)basis.Staffestimates thatthesemonthlycostswillnotexceed$7.00amonthforeachparticipatingcustomer.Afacilityfeefor prepaidutilitiesservicewasapprovedunderthe2013-2014utilityrateordinancesinordertocoverthe aforementioned variable costs associated with subscribers partic TheselectionofExceleronSoftware,LLCenablestheCitytoprovideitsutilitiescustomerswithacompelling alternativetotraditionalutilitiesservice.Ifapproved,ExceleronandCitystaffwillbeginworkonproject City of DentonPage 2 of 3Printed on 9/5/2014 powered by Legistar" File #:ID 14-0487,Version:1 planningandimplementation.Staffexpectstolaunchaprepaidpilotprogrambeforeproceedingtoafull-scale rollout. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On March 25, 2013, the Public Utilities Board recommended that s On June 11, 2013, the City Council recommended that staff pursue OnAugust25,2014,thePublicUtilitiesBoardrecommendedapprovaltoforwardthisitemtotheCityCouncil for consideration. RECOMMENDATION StaffrecommendsacontractforaprepaidutilitiessolutionbeawardedtoExceleronSoftware,LLCinthethree (3) year not-to-exceed amount of $1,100,000. PRINCIPAL PLACE OF BUSINESS Exceleron Software, LLC 5440 Harvest Hill Road, Suite 233 Dallas, TX 75230 ESTIMATED SCHEDULE OF PROJECT The contract will take effect and project planning will begin fo FISCAL INFORMATION This service will be funded from account 630800.7879. EXHIBITS Exhibit 1: Pricing/BAFO Sheet for Council Exhibit 2: Evaluation/Ranking Summary Exhibit 3: Public Utilities Board Minutes Exhibit 4: Ordinance Exhibit 5: Contract City of DentonPage 3 of 3Printed on 9/5/2014 powered by Legistar" EXHIBIT 2 RFP5346RankingSheetforPREPAIDUTILITIESSERVICES Ranking12 ExceleronHarris Respondent's Name: Dallas, TXPlano, TX Principal Place of Business CONTRACT TOTAL$1,052,400.00$929,570.00 50%44.16%50.00% Price 20%Indication of Probable Performance19.00%12.00% 20%Delivery Timeframe17.33%12.33% 10%Experience & Qualifications9.33%7.00% TOTAL EVALUATED SCORE 100%89.82%81.33% EXHIBIT 3 DRAFT MINUTES PUBLIC UTILITIES BOARD August 25, 2014 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on Monday, August 25, 2014 at9:01a.m. in the Service Center Training Room, City of Denton Service Center, 901A Texas Street, Denton, Texas. Present: Chairman Dick Smith, Vice Chair Billy Cheek, Secretary Randy Robinson, Phil Gallivan and Barbara Russell Ex Officio Members: Howard Martin, ACM Utilities Absent: George Campbell City Manager and Lilia Bynum OPEN MEETING: CONSENT AGENDA: 2.Consider recommendation of an ordinance accepting competitive proposals and awarding a contract for a prepaid utilities solution, providing for the expenditure of funds therefor; and providing an effective date (RFP 5346 awarded to Exceleron Software, LLC in the three (3) year not-to-exceed amount of $1,100,000). Item 2 was pulled by Board Member Gallivan. Gallivan asked about the recovery of this capital investment and the number of customers . Phil Williams, DME General Manger, answered there are 48,000 electric customers. Ethan Cox, Customer Service Manager, stated that what they did in terms of assumptions for cost was to ramp up to the end of year three to having about 7,000 customers in the program. That breaks out to about 10-15 percent of the -4,000. This vendor has seen about 10-12 percent sign up from residential customers, this is not offered to commercial customers. Gallivan asked what is the annual maintenance on this program . Cox answered the City actually pays per subscriber. All the maintenance cost and license fee is included in the per subscriber cost which is $6 per prepaid subscriber. The City has to have at least 500 subscribers; there is a minimum of $3,000 per month to be paid. Martin asked Cox to talk a little about the soft cost this will help with. Cox stated that at the onset this program will be a little labor intensive to get customers set up. After that there should be fewer phone calls from customers. This is designed for the customers to be more empowered and know their usage daily. Cox has heard from other utilities that their interactions with customers go down and the span of the interactions are shorter. Customers are more conscience of how they are using their electricity. EXHIBIT 3 Draft Minutes of the Public Utilities Board Meeting August 25, 2014 Page 2 of 2 Russell asked about the education to the customers on this program . Cox stated there will be education but this program will not be for everyone. It will give the customer more ownership to pay more attention to their account and manage more effectively. They will have access to customize their account for e-mails or text messages. Russell then asked about turning off electricity with extremely high or low temperatures . Cox responded that above 100 degrees and below 32 degrees there are no disconnects, there is a moratorium in place. Gallivan asked if this is the same vendor that is in Bryan, Texas . Cox answered it is a different vendor. The motion was made to approve by Board Member Gallivan with a second from Board Member Russell, vote 5-0. Adjournment 9:33 am EXHIBIT 4 ORDINANCE NO. _________ AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A CONTRACT FOR PREPAID UTILITIES SERVICES SOLUTION FOR THE CITY OF DENTON; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 5346-AWARDED TO EXCELERON SOFTWARE, LLC IN THE THREE (3) YEAR NOT-TO-EXCEED AMOUNT OF $1,100,000). WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for prepaid utilities services solution for the City of Denton 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, est for 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 5346 Exceleron Software, LLC $1,100,000 SECTION 2. By the acceptance and approval of the above numbered items of the submitted proposals, the City accepts the offer of the persons submitting the proposals for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Proposal Invitations, Proposals, and related documents. SECTION 3. Should the City and person submitting approved and accepted items and of the submitted proposals wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the proposals, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Proposal and related documents herein approved and accepted. EXHIBIT 4 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 5346to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2014. ______________________________ CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:____________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0488,Version:1 AGENDA INFORMATION SHEET DEPARTMENT:Materials Management ACM:Bryan Langley AGENDA DATE:September 9, 2014 SUBJECT Consideradoptionofanordinanceacceptingcompetitiveproposalsandawardingacontractforthesupplyof ElectricUtility15kVCircuitBreakersforDentonMunicipalElectric;providingfortheexpenditureoffunds therefor;andprovidinganeffectivedate(RFP5608-awardedtoABB,Inc.inthethree(3)yearnot-to-exceed amount of $470,000). The Public Utilities Board recommends appro RFP INFORMATION DentonMunicipalElectric(DME)hassubstationprojectsapprovedinitsfive(5)yearCapitalImprovement Plan(CIP)thatwillrequirethepurchaseof15kVcircuitbreakers.15kVcircuitbreakersareessential equipmentutilizedatthePockrus,McKinney,andJimChristalsubstations.15kVcircuitbreakersarenecessary toprotectsubstationbusses,transformers,anddistributioncircuitsfromdamagebyinterruptingthecurrent flowintheeventofoverloadsorshortcircuits.Circuitbreakersarealsousedforswitchingandforconfiguring withinsubstationsformaintenanceactivities.RFP#5608waspreparedtoobtainunitpricingfor15kVcircuit breakers with two capacity ratings and other options required ba RequestsforProposalsweresentto343prospectivesuppliersofthisitem.Inaddition,specificationswere placedontheMaterialsManagementwebsiteforprospectivesupplierstodownloadandadvertisedinthelocal newspaper.Four(4)proposalswerereceived.Theproposalswereevaluatedbaseduponpublishedcriteria includingperformance,delivery,acceptanceofstandardtermsandconditions,andprice(Exhibit1- Evaluation/Ranking).ABB,Inc.wasrankedthehighestanddeterminedtobethebestvaluefortheCityof Denton.Abestandfinalofferwasnotcompletedduetotimeconstraints.Theleadtimeisfifteenweeks,and the products need to be ordered to keep the projects on schedule PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) OnAugust25,2014,thePublicUtilitiesBoardrecommendedapprovaltoforwardthisitemtotheCityCouncil for consideration. RECOMMENDATION AwardacontractforthesupplyofElectricUtility15kVCircuitBreakersforDentonMunicipalElectricto ABB,Inc.inthethree(3)yearnot-to-exceedamountof$470,000.Thisamountincludesacontingencyfor City of DentonPage 1 of 2Printed on 9/5/2014 powered by Legistar" File #:ID 14-0488,Version:1 unanticipated project needs or replacement materials that may oc PRINCIPAL PLACE OF BUSINESS ABB, Inc. Lake Mary, FL ESTIMATED SCHEDULE OF PROJECT Thisisaninitialone(1)yearcontractwithoptionstoextendthecontractfortwo(2)additionalone(1)year periods, with all terms and conditions remaining the same. FISCAL INFORMATION Thecostsformaterialpurchasedundertheproposedagreementwillbefundedfromprojectaccountsonanas needed basis. EXHIBITS Exhibit 1: Evaluation/Ranking Sheet Exhibit 2: Public Utilities Board Draft Minutes Exhibit 3: Ordinance Exhibit 4: Contract Respectfully submitted: Chuck Springer, 349-8260 Director of Finance For information concerning this acquisition, contact: Chuck Sear City of DentonPage 2 of 2Printed on 9/5/2014 powered by Legistar" EXHIBIT 2 DRAFT MINUTES PUBLIC UTILITIES BOARD August 25, 2014 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on Monday, August 25, 2014 at9:01a.m. in the Service Center Training Room, City of Denton Service Center, 901A Texas Street, Denton, Texas. Present: Chairman Dick Smith, Vice Chair Billy Cheek, Secretary Randy Robinson, Phil Gallivan and Barbara Russell Ex Officio Members: Howard Martin, ACM Utilities Absent: George Campbell City Manager and Lilia Bynum OPEN MEETING: CONSENT AGENDA: 4.Consider recommending approval of an annually renewable, three-yearunit price purchase agreement with ABB Inc., for purchase of 15kV circuit breakers for substations in accordance with requirements in RFP 5608 in an amount not to exceed $470,000. Motion was made to approve item 4 by Board Member Russell with the second by Board Member Cheek. The vote was 5-0 approved. Adjournment 9:33 am ORDINANCE NO. _________ AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A CONTRACT FOR THE SUPPLY OF ELECTRIC UTILITY 15KV CIRCUIT BREAKERS FOR DENTON MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 5608-AWARDED TO ABB, INC. IN THE THREE (3) YEAR NOT-TO-EXCEED AMOUNT OF $470,000). WHEREAS, the City has solicited, received and tabulated competitive proposals for the Electric Utility 15kV Circuit Breakers in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described proposal is the highest scored proposal for the construction of the public works or improvements described in the Request for Proposal (RFP) document and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive proposal for the construction of public works or improvements, as described in the "Request for Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the RFP number assigned hereto, are hereby accepted and approved: RFP NUMBER CONTRACTOR AMOUNT 5608 ABB, Inc. $470,000 SECTION 2. The acceptance and approval of the above competitive proposals shall not constitute a contract between the City and the person submitting the proposal for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Proposers including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award. SECTION 3. The City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the proposals accepted and approved herein, provided that such contracts are made in accordance with the Notice to Proposers and Request for Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under RFP 5608 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. Upon acceptance and approval of the above competitive proposals and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved proposals and authorized contracts executed pursuant thereto. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2014. ____________________________________ CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: EXHIBIT 4 CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS ANDABB, INC (RFP 5608) THIS CONTRACT is made and entered into this day of _______________ A.D., 2014, by and between ABB, Inc, a corporation, whose address is 655 Century Point, Lake CITY OF DENTON, Mary, FL 32746 , 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 provide products in accordance with the City’s RFP # 5608 – Supply of Electric Utility 15kV Circuit Breakers,a copy of which is on file at the office of Purchasing Agent and incorporated herein for all purposesas “Exhibit B”. The Contract consists of this written agreement and the following items which are attached hereto, or on file, and incorporated herein by reference: (Exhibit “A”) (a)Special Terms and Conditions (Exhibit “B” on file at the office of the Purchasing (b)City of Denton’s RFP 5608 Agent ) (Exhibit "C") (c)Form CIQ – Conflict of Interest Questionnaire . (Exhibit "D") (d)Supplier’s Proposal. ; 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 as “Contract Documents.” RFP 5608 EXHIBIT 4 Exhibit A Special Terms and Conditions The Quantities indicated on Exhibit Dare estimates based upon the best available information. The City reserves the right to increase or decrease the quantities to meet its actual needs without any adjustments in the bid price. Individual purchase orders will be issued on an as needed basis. Product Changes During Contract Term The supplier shall not change specifications during the contract term without prior approval. Any deviation in the specifications or change in the product must be approved in advance by the City of Denton. Notice of a change shall be submitted in writing to dentonpurchasing@cityofdenton.com, with the above file number in the subject line, for review. Products found to have changed specifications without notification, and acceptance, will be returned at the supplier’s expense. Products that have been installed will be replaced at the supplier’s expense. Authorized Distributor The supplier shall be the manufacturer or authorized distributor of the proposed products. The distributor shall be authorized to sell to the City of Denton, and make available the manufacturer’s representative as needed by the City. Contract Terms The contract term will be one (1) year, effective from date of award. The City and the Supplier shall have the option to renew this contract for an additional two (2) one-year periods. The contract shall commence upon the issuance of a Notice of Award by the City of Denton and shall automatically renew each year, from the date of award by City Council, unless either party notifies the other prior to the scheduled renewal date. At the sole option of the City of Denton, the contract may be further extended as needed, not to exceed a total of six (6) months. Price Escalation and De-escalation Prices for the commodities or services must be firm for a period of one year from date of contract award. Any request for price adjustment must be based on the, U.S Department of Labor, Bureau of Labor Statistics, Producer Price Index (PPI) for other electrical equipment manufacturing (PCU33593359).The price will be increased or decreased based upon the annual percentage change in the PPI. The maximum escalation will not exceed +/- 8% for any individual year. The escalation will be determined annually at the renewal date. Should the PPI change exceed a minimum threshold value of +/-1%, then the stated eligible bid prices shall be adjusted in accordance with the PPI change not to exceed the 8% limit per year. The supplier should provide documentation as percentage of each cost associated withthe unit prices quoted for consideration. Request must be submitted in writing with supporting evidence for need of such increase to the Purchasing Manager at least 60 days prior to contract expiration of each year. Respondent must also provide supporting documentation as justification for the request. RFP 5608 EXHIBIT 4 Upon receipt of such request, the City of Denton reserves the right to either: accept the escalation as competitive with the general market price at the time, and become effective upon the renewal date of the contract award or reject the increases within 30 calendar daysafter receipt of a properly submitted request. If a properly submitted increase is rejected, the Contractor may request cancellation of such items from the Contract by giving the City of Denton written notice. Cancellation will not go into effect for 15 calendar daysafter a determination has been issued. Pre-price increase prices must be honored on orders dated up to the official date of the City of Denton approval and/or cancellation. Therequest can be sent by e-mail to: purchasing@cityofdenton.comnoting the solicitation number. The City of Denton reserves the right to accept, reject, or negotiate the proposed price changes. Total Contract Amount The contract total shall not exceed $470,000.Pricing shall be per Exhibit D attached. Delivery Lead Time Product or services shall be delivered to the City per the days/weeks noted in Exhibit D after receipt of the order. RFP 5608 EXHIBIT 4 Exhibit C City of Denton Standard Purchase Terms and Conditions These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings and other requirements included in the City of Denton’s solicitation are applicable to Contracts/Purchase Orders issued by the City of Denton hereinafter referred to as the City or Buyer and the Seller herein after referred to as the Supplier. Any deviations must be in writing and signed by a representative of the City’s Procurement Department and the Supplier. No Terms and Conditions contained in the Supplier’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 purchase Services to be performed principally at the City’s premises or on public rights-of-way. SUPPLIER’S OBLIGATIONS 1. . The Suppliershall fully and timely provide all deliverables described in the Solicitation and in the Supplier’s Offer in strict accordance with the terms, covenants, and conditions ofthe Contract 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. SUPPLIERTO PACKAGE DELIVERABLES 3. : The Supplierwill 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's name and address, (b) the City’s 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. TheSuppliershall 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 Supplieris 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’s price shall be deemed to include all delivery and transportation charges. The City shall have the right 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 Supplier’s, or the Supplier’s Subcontractor’s, facilities, or the deliverables at the Supplier’s, or the Supplier’s Subcontractor’s, premises, the Suppliershall furnish, or cause to be furnished, without additional charge, all reasonable facilities and assistance to the City to facilitate such inspection. RFP 5608 EXHIBIT 4 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 Suppliershall not have the right to substitute a conforming tender; provided, where the time for performance has not yet expired, the Suppliermay 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 Supplieraccess to the sites where the Supplieris to perform the services as required in order for the Supplierto perform the services in a timely and efficient manner, in accordance with and subject to the applicable securitylaws, rules, and regulations. The Supplier acknowledges that it has satisfied itself as to the nature of the City’s service requirements and specifications, the 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 Supplier’s obligations under the contract. The Supplierhereby 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 Suppliershall 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 Supplierthat 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 Suppliershall 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 Supplierrepresents 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 the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA) enacted on September 30, 1996. COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL REGULATIONS 11. : The Supplier, it’s Subcontractors, 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 Suppliershall 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’s obligations under this paragraph. 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 Suppliershall 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. Proper Invoices must include a unique invoice number, the purchase order or delivery order B. number and the master agreement number if applicable, the Department’s Name, and the name of the point of contact for the Department . Invoices shall be itemized and transportation RFP 5608 EXHIBIT 4 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’s name, remittance address and, if applicable, the tax identification number on the invoice must exactly match the information in the Vendor’s registration with the City. Unless otherwise instructed in writing, the City may rely on the remittance address specified on the Supplier’s invoice. 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 Suppliershall 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) calendar days of the City’s receipt of the deliverables or of the invoice being received in Accounts Payable, whichever is later. If payment is not timely made, (per paragraph A); interest shall accrue on the unpaid balance at B. the lesser 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 Supplierwill 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 Supplierto 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 Supplieris required to provide, are filed or reasonable evidence indicating probable filing of such claims; iii. failure of the Supplierto pay Subcontractors, or for labor, materials or equipment; iv. damage to the property of the City or the City’s agents, employees or suppliers, which is not covered by insurance required to be provided by the Supplier; v. reasonable evidence that the Supplier’s obligations will not be completed within the time 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 Supplierto submit proper invoices with purchase order number, with all required attachments and supporting documentation; or vii. failure of the Supplierto 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 Supplieragrees that there shall be no additional charges, surcharges, or penalties to the City for payments made by credit card or electronic funds transfer. G. The awarding or continuation of this contract is dependent upon the availability of funding. The City’s payment 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 Supplierwritten 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. FINAL PAYMENT AND CLOSE-OUT 15. : RFP 5608 EXHIBIT 4 A. If a DBE/MBE/WBE Program Plan is agreed to and the Supplierhas identified Subcontractors, the Supplieris 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 Supplieris 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 Supplierto comply with the Contract or the terms of any warranty specified herein, (4) arising from the Supplier’s continuing obligations under the Contract, including but not limited to indemnity and warranty obligations, or (5) arising under the City’s right to audit; and ii. a waiver of all claims by the Supplieragainst 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 Supplierfor 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 Supplieras such. RIGHT TO AUDIT 17. : A. TheCity shall have the right to audit and make copies of the books, records and computations pertaining to the Contract. The Suppliershall 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 Suppliershall 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 thosedocuments. 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 Supplierwhich 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 ofthe Contract and shall constitute, in the City’s sole discretion, grounds for termination thereof. Each of the terms “books”, “records”, “documents” and “other evidence”, as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. SUBCONTRACTORS 18. : A. If the Supplieridentified Subcontractors in a DBE/MBE/WBE agreed to Plan, the Suppliershall comply with all requirements approved by the City. The Suppliershall not initially employ any Subcontractor except as provided in the Supplier’s Plan. The Suppliershall 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 Supplieris 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 Supplierby 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 Supplierin sufficient time to enable the Supplierto 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 Supplieris required to indemnify the City. RFP 5608 EXHIBIT 4 C. The Suppliershall be fully responsible to the City for all acts and omissions of the Subcontractors just as the Supplieris 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 Suppliershall pay each Subcontractor its appropriate share of payments made to the Suppliernot later than ten (10) calendar days after receipt of payment from the City. WARRANTY-PRICE 19. : A. The Supplierwarrants 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 Suppliercertifies 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 Supplierwarrants 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 Suppliershall indemnify and hold the City harmless from and against all adverse title claims to the deliverables. WARRANTY – DELIVERABLES 21. : The Supplierwarrants 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 Suppliermay 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 thedeliverables 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 Suppliershall promptly upon receipt of demand either repair the non-conforming deliverables,or replace the non-conforming deliverables with fully conforming deliverables, at the City’s option and at no additional cost to the City. All 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 Supplierwritten notice of the breach of warranty within thirty (30) calendar days of discovery of the breach of warranty, but failure to give timely notice shall not impair theCity’s rights under this section. D. If the Supplieris 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 Suppliershall 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 is not the manufacturer, and the deliverables are covered by a separate manufacturer’s warranty, the Suppliershall transfer and assign such manufacturer’s warranty to the City. If for any reason the manufacturer’s warranty cannot be fully transferred tothe City, the Suppliershall assist and cooperate with the City to the fullest extent to enforce such manufacturer’s warranty for the benefit of the City. WARRANTY – SERVICES 22. : The Supplierwarrants 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 Suppliermay 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. RFP 5608 EXHIBIT 4 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 Suppliershall 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 Supplierwritten notice of the breach of warranty within thirty (30) calendar days of discovery of the breach warranty, but failure to give timely notice shall not impair the City’s rights under this section. C. If the Supplieris unable or unwilling to perform its services in accordance with the above standard as required by the City, then in addition toany 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 Suppliershall 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 Suppliershall pay all claims, costs, losses and damages attributable to the City’s 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 party’s intent to perform, demand may be made to the other party for written assurance of the intent to perform. 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 Supplieris 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 Supplierwill cease all work until notified by the City that the violation or unsafe condition has been corrected. The Suppliershall be liable for all costs incurred by the City as a result of the issuance of such Stop Work Notice. DEFAULT 26. : The Suppliershall 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’s Offer, or in any report or deliverable required to be submitted by the Supplierto 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 to prove to the City’s reasonable satisfaction that such default does not, in fact, exist. In addition to any 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’s default, including, without limitation, cost of cover, reasonable attorneys’ fees, court costs, and prejudgment and post-judgment interest at the maximum lawful rate. Additionally, in the event of a default by the Supplier, the City may remove the Supplierfrom the City’s vendor list for three (3) years and any Offer submitted by the Suppliermay 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 part, without cause any time upon thirty (30) calendar days’ prior written notice. Upon receipt of a notice of termination, the Suppliershall 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 Supplierto the City shall be grounds for the termination of the Contract for cause by the City and RFP 5608 EXHIBIT 4 may result in legal action. DELAYS 30. : A. The City may delay scheduled delivery or other due dates by written notice to the Supplierif 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 Suppliershall negotiate an equitable adjustment for costs incurred by the Supplierin the Contract price and execute an amendment to the Contract. The Suppliermust 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) businessdays 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’s subcontractors, and third parties), ii. "Fault" shall 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',, OR THE S AGENTSEMPLOYEES OR SUBCONTRACTORSIN THE OF THE SUPPLIER’C. N S OBLIGATIONS UNDER THE ONTRACTOTHING HEREIN SHALL BE PERFORMANCE OF THE CSUPPLIER(,, ITY OR THE INCLUDINGBUT NOT LIMITED TOTHE DEEMED TO LIMIT THE RIGHTS OF THE ). AGAINST ANY THIRD PARTY WHO MAY BE LIABLE FOR AN INDEMNIFIED CLAIM RIGHT TO SEEK CONTRIBUTION 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 Stateof Texas and satisfactory to the City of Denton. A. General Requirements. i. The Suppliershall 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 Suppliershall provide Certificates of Insurance with the coverage’s and endorsements required to 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 Suppliermustalso 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 Suppliershall 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 Supplierhereunder and shall not be construed to be a limitation of liability on the part of the Supplier. iv. The Suppliermust submit certificates of insurance to the City for all subcontractors prior to the RFP 5608 EXHIBIT 4 subcontractors commencing work on the project. v. The Supplier’s and all subcontractors’ insurance coverage shall be writtenby companies licensed to do 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 . The City will accept workers’ compensation coverage written by the Texas Workers’ Compensation Insurance Fund. 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 ofDenton Materials Management Department 901B Texas Street Denton, Texas 76209 vii. The “other” insurance clause shall not apply to the City where the City is an additional insured shown 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 Suppliershall 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 Suppliershall 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 Suppliershall 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 Suppliershall endeavor to provide the City thirty (30) calendar days’ written notice of erosion of the aggregate limits below occurrence limits for all applicable coverage’s indicated within the Contract. xiv. The insurance coverage’s specified 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 Supplierwhich arises under or concerns the Contract, or which could have a material adverse affect on the Supplier’s ability to perform thereunder, the Suppliershall 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 Suppliershall be sent to the address specified in the Supplier’s Offer, or at such other address as a party may notify the other in writing. Notices to the City shall be addressed to the City at 901B Texas Street, Denton, Texas 76209 and marked to the attention of the Purchasing Manager. RFP 5608 EXHIBIT 4 RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL 35. : All material submitted by the Supplierto the City shall become property of the City upon receipt. Any portions of such material claimed by the Supplierto 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. NO WARRANTY BY CITY AGAINST INFRINGEMENTS 36. : The Supplierrepresents and warrants to the City that: (i) the Suppliershall provide the City good and indefeasible title to the deliverables and (ii) the deliverables supplied by the Supplierin 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 Supplierdoes not know of any valid basis for any such claims. The Suppliershall, at its soleexpense, 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) any claim that the City’s exercise anywhere in the world of the rights associated with the City’s’ ownership, and if applicable, license rights, and its use of the deliverables infringes the intellectual property rights of any third party; or (ii) the Supplier’s breach of any of Supplier’s representations or warranties 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-counsel on the City’s behalf. Further, Supplieragrees that the City’s specifications regarding the deliverables shall in no way diminish Supplier’s warranties or obligations under this paragraph and the City makes 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, Suppliermay require access to certain of the City’s and/or its licensors’ confidential information (including inventions, employee information, trade secrets, confidential know-how, confidential business information, and other information which the City or its licensors consider confidential) (collectively, “Confidential Information”). Supplieracknowledges 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 otherwiseuse 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 Supplierpromptly notifies the City before disclosing such information so as to permit the City reasonable time to seek an appropriate protective order. The Supplieragrees to use protective measures no less stringent than the Supplieruses 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 Supplieragrees to disclose such patentable subject matter to the City. Further, if requested by the City, the Supplieragrees 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 Supplieragrees that upon their creation, such deliverables shall be considered as work made-for-hire by the Supplierfor 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 City’s sole or joint ownership of any such deliverables arising by virtue of the City’s sole or joint authorship of such deliverables. Should byoperation 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 Supplieragrees 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. RFP 5608 EXHIBIT 4 C. Additional Assignments. The Supplierfurther 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 forand 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 soleand exclusive right, title, and interest in and to the deliverables. The Supplier’s obligations to execute, acknowledge, and deliver (or cause to be executed, acknowledged, and delivered) instruments or papers such as those described in this Paragraph 38 a., b., 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 Supplieragrees 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 Suppliershall not advertise or publish, without the City’s prior consent, the fact that the City has entered into the Contract, except to the extent required by law. NO CONTINGENT FEES 41. : The Supplierwarrants 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 Supplierfor 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 andto 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 Supplieror any agent or representative of the Supplierto any officer or employee of the City of Denton with a view toward securing the Contract or securing favorable treatment withrespect 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 Supplierin 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 Suppliershall render the Contract voidable by the Attachment B City. The Suppliershall complete and submit the City’s Conflict of Interest Questionnaire (). INDEPENDENT SUPPLIER 44. : The Contract shall not be construed as creating an employer/employee relationship, a partnership, or a joint venture. The Supplier’s services shall be those of an independent supplier. The Supplieragrees and understands that the Contract does not grant any rights or privileges established for employees of the Cityof Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker’s compensation, or any other City employee benefit. The City shall not have supervision and control of the Supplieror any employee of the Supplier, and it is expressly understood that Suppliershall 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 Supplierand 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 Supplierwithout the prior written consent of the City. Any attempted assignment or delegation by the Suppliershall 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 RFP 5608 EXHIBIT 4 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 Supplieror 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. 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 Supplierinvoice, 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 Supplieragree 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 Supplierwill share the mediator’s fees equally and the 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 theContract 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 RFP 5608 EXHIBIT 4 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. HOLIDAYS: 52.The following holidays are observed by the City New Year’s Day (observed) MLK Day Memorial Day 4th of July Labor Day Thanksgiving Day Day After Thanksgiving Christmas Eve (observed) Christmas Day (observed) New Year’s 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 aContract 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. No Offeror, or Offeror’s agent, shall engage in any discriminatory 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. No Offeror, or Offeror’s agent, shall 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 RFP 5608 EXHIBIT 4 (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 thatthe 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 Suppliershall 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 FEESOR TAXES: 58.Provided the solicitation requires an awarded supplieror 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 suppliers will be required to comply withProvision 5159a of “Vernon’s Annotated Civil Statutes” of the State of Texas with respect to the payment of prevailing wage rates and prohibiting 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 Suppliermust 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 Suppliershall give all notices and comply with all laws and regulations applicable to furnishing and performance of the Contract. FEDERAL, STATE, AND LOCAL REQUIREMENTS: 61.Suppliershall 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. Supplieris responsible for both federal and State unemployment insurance coverage and standard Worker's Compensation insurance coverage. Suppliershall ensure compliance with all federal and State tax laws and withholding requirements. The City of Denton shall not be liable to Supplieror its employees for any Unemployment or Workers' Compensation coverage, or federal or State withholding requirements. Suppliershall 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 suppliershall 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. SUPPLIERLIABILITY FOR DAMAGETO GOVERNMENT PROPERTY: 63.The Suppliershall be liable for all damages to government-owned, leased, or occupied property and equipment caused by the Supplierand its employees, agents, subcontractors, and suppliers, including any delivery or cartage company, in connection with any RFP 5608 EXHIBIT 4 performance pursuant to the Contract. The Suppliershall notify the City of Denton Procurement Manager in writing of any such damage within one (1) calendar day. FORCE MAJEURE: 64.The City of Denton, any Customer, and the Suppliershall 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 Supplierwill be excused from any further performance or observance of the requirements so affected for as long as such circumstances prevail and the Suppliercontinues to use commercially reasonable efforts to recommence performance or observance whenever and to whatever extent possible without delay. The Suppliershall 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 Party’s exercise or partial exercise of any right or remedy under the Contract shall operate to limit, impair, preclude, 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 Suppliershall retain all financial records, supporting documents, statistical records,and any other records or books relating to the performances called for in the Contract. The Suppliershall 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 Suppliershall 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. RFP 5608 EXHIBIT 4 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, 80th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a Date person who has a business relationship as defined by Section 176.001(1-a) with a local governmental Received entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. Name of person who has a business relationship with local governmental entity. 1 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not th later than the 7business day after the date the originally filed questionnaire becomes incomplete or 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 completed for each officer with whom the filer has an 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 or likely to receive taxable income, other than investment income, from the filer of the questionnaire? YesNo B.Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? YesNo C.Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? YesNo D.Describe each affiliation or business relationship. 4 Signature of person doing business with the governmental Date entity RFP 5608 EXHIBIT 4 Exhibit D RFP 5608 -Contract Pricing Sheet for SUPPLY OF 15kV CIRCUIT BREA ABB Inc. Lake Mary, FL Estimated UOMProduct DescriptionUnit Price Delivery ARO Item # EST. ANNUAL (Weeks) QTY SECTION A- CIRCUIT BREAKERS 15kV, 1200 Amp, 110kV BIL CB 15 $ 14,607.00 18EA 15kV, 2000 Amp, 110kV BIL CB 15 $ 16,551.00 22EA SECTION B- OPTIONS Price change for 3000:5, C400 $ 636.00 31EA Price change for 2000:5, C400 $ 636.00 41EA Price change for 1200:5, C400 $ 636.00 51EA Price change for 3000:5, C200 $ 636.00 61EA Price change for 2000:5, C200 $ 636.00 71EA Price change for 1200:5, C200 81EA$ 636.00 RFP 5608 EXHIBIT 4 Exhibit D XXXXXXXXXXXXXX RFP 5608 EXHIBIT 4 Exhibit D RFP 5608 EXHIBIT 4 Exhibit D XXXXXXXXXXXXXX RFP 5608 EXHIBIT 4 Exhibit D XXXXXXXXXXXXXX RFP 5608 EXHIBIT 4 Exhibit D XXXXXXXXXXXXXX RFP 5608 EXHIBIT 4 Exhibit D RFP 5608 EXHIBIT 4 Exhibit D RFP 5608 EXHIBIT 4 Exhibit D RFP 5608 EXHIBIT 4 Exhibit D RFP 5608 EXHIBIT 4 Exhibit D RFP 5608 EXHIBIT 4 Exhibit D RFP 5608 EXHIBIT 4 Exhibit D RFP 5608 EXHIBIT 4 Exhibit D RFP 5608 EXHIBIT 4 Exhibit D RFP 5608 EXHIBIT 4 Exhibit D RFP 5608 EXHIBIT 4 Exhibit D RFP 5608 EXHIBIT 4 Exhibit D RFP 5608 City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0490,Version:1 Agenda Information Sheet DEPARTMENT:City Managers Office CM/ ACM:George C. Campbell Date:September 9, 2014 SUBJECT Consider adoption of an ordinance of the City of Denton authoriz Texas and Denton Parks Foundation to be used for school supplies the MLK Recreation Center; authorizing and ratifying the expendi date. ($1,000) BACKGROUND Thisagreementallowsforthetotalexpenditureof$1,000fromCouncilContingencyFunds.(CouncilMember Roden $618.39, Council Member Gregory $16.16 and Council Member Key provisions of the agreement include: FundswillbeusedbytheOrganizationforthepurchaseofbackpacksandschoolsuppliesfortheNE Denton Back to School Event at the MLK Recreation Center. Inadditiontootherreportingrequirements,documentationintheformofcancelledchecksand/or correspondingreceiptsspecificallydetailingexpendituresoffundsforthepurposeprovidedisrequired for reimbursement from these designated funds. FISCAL INFORMATION Funding for the agreement will come from Council contingency fun EXHIBITS 1.Ordinance 2.Agreement Respectfully submitted: George C. Campbell City Manager City of DentonPage 1 of 2Printed on 9/5/2014 powered by Legistar" File #:ID 14-0490,Version:1 Prepared by: Linda Holley Senior Executive Assistant City of DentonPage 2 of 2Printed on 9/5/2014 powered by Legistar" City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0491,Version:1 Agenda Information Sheet DEPARTMENT:City Managers Office CM/ ACM:George C. Campbell Date:September 9, 2014 SUBJECT Consider adoption of an ordinance of the City of Denton authoriz Texas and Denton Christian Preschool; authorizing and ratifying effective date. ($735.07) BACKGROUND Thisagreementallowsforthetotalexpendituresof$735.07fromCouncilContingencyFunds.(Council Member Engelbrecht $735.07) Key provisions of the agreement include: Funds shall be used by the Organization for the purchase of rest Inadditiontootherreportingrequirements,documentationintheformofcancelledchecksand/or correspondingreceiptsspecificallydetailingexpenditureoffundsforthepurposeprovidedisrequired for reimbursement from these designated funds. FISCAL INFORMATION Funding for the agreement will come from Council contingency fun EXHIBITS 1.Ordinance 2.Agreement Respectfully submitted: George C. Campbell City Manager City of DentonPage 1 of 2Printed on 9/5/2014 powered by Legistar" File #:ID 14-0491,Version:1 Prepared by: Linda Holley Senior Executive Assistant City of DentonPage 2 of 2Printed on 9/5/2014 powered by Legistar" City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0492,Version:1 Agenda Information Sheet DEPARTMENT:City Managers Office CM/ ACM:George C. Campbell Date:September 9, 2014 SUBJECT Consider adoption of an ordinance of the City of Denton authoriz Texas and Community Market; authorizing and ratifying the expend effective date. ($738.30) BACKGROUND This agreement allows for the total expenditure of $738.30 from (Mayor Watts $738.30) Key provisions of the agreement include: Funds shall be used by the Organization for the purchase of tabl Inadditiontootherreportingrequirements,documentationintheformofcancelledchecksand/or correspondingreceiptsspecificallydetailingexpenditureoffundsforthepurposeprovidedisrequired for reimbursement from these designated funds. FISCAL INFORMATION Funding for the agreement will come from Council contingency fun EXHIBITS 1.Ordinance 2.Agreement Respectfully submitted: George C. Campbell City Manager City of DentonPage 1 of 2Printed on 9/5/2014 powered by Legistar" File #:ID 14-0492,Version:1 Prepared by: Linda Holley Senior Executive Assistant City of DentonPage 2 of 2Printed on 9/5/2014 powered by Legistar" City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0493,Version:1 Agenda Information Sheet DEPARTMENT:City Managers Office CM/ ACM:George C. Campbell Date:September 9, 2014 SUBJECT Consider adoption of an ordinance of the City of Denton authoriz Texas and Young Life Denton; authorizing and ratifying the expen effective date. ($800) BACKGROUND This agreement allows for the total expenditures of $800 from Co (Council Member Johnson $800) Key provisions of the agreement include: Funds shall be used by the Organization for summer camp expenses Inadditiontootherreportingrequirements,documentationintheformofcancelledchecksand/or correspondingreceiptsspecificallydetailingexpenditureoffundsforthepurposeprovidedisrequired for reimbursement from these designate funds. FISCAL INFORMATION Funding for the agreement will come from Council contingency fun EXHIBITS 1.Ordinance 2.Agreement Respectfully submitted: George C. Campbell City Manager City of DentonPage 1 of 2Printed on 9/5/2014 powered by Legistar" File #:ID 14-0493,Version:1 Prepared by: Linda Holley Senior Executive Assistant City of DentonPage 2 of 2Printed on 9/5/2014 powered by Legistar" City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0494,Version:1 Agenda Information Sheet DEPARTMENT:City Managers Office CM/ ACM:George C. Campbell Date:September 9, 2014 SUBJECT Consider approval of a resolution confirming the appointment of Denton Fire Department; and declaring an effective date. BACKGROUND Ross Chadwick retired from his position as Fire Chief effective capacity. After conducting a national search, the City Manager replace Ross. RECOMMENDATION Chapter 143.013 (a)(1) of the Texas Local Government Code state, (police or fire chief) is appointed by the municipalities chief The City Manager has elected to appoint Robin Paulsgrove as the requests City Councils consideration to confirm this appointmen PRIOR ACTION/REVIEW (Council, Boards, Commissions) There has been no prior action or review on this agenda item. EXHIBITS Resolution Respectfully submitted: George C. Campbell City Manager City of DentonPage 1 of 1Printed on 9/5/2014 powered by Legistar" City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:HL13-0001b,Version:1 Agenda Information Sheet DEPARTMENT:Planning and Development CM/ ACM:John Cabrales, Jr. Date:September 9, 2014 SUBJECT ConsiderapprovalofaresolutionauthorizingthesubmittalofapetitionfromtheDentonCountyHistorical CommissiontotheTexasHistoricalCommissionrequestingRecordedTexasHistoricLandmarkdesignation for221NorthElmStreet,alsoknownasCityHallWest;anddeclaringaneffectivedate.ThePlanningand Zoning Commission recommends approval (7-0) BACKGROUND InJuly2013,arepresentativeoftheDentonCountyHistoricalCommission(DCHC)approachedaHistoric LandmarkCommittee(HLC)memberandaskedforHLCsupportonarecommendationforaRecordedTexas HistoricLandmark(RTHL)designationofCityHallWestlocatedat221N.ElmStreet.Theitemwasplaced ontheHLCsAugust,2013agenda(Exhibit5).Duringthatmeeting,theitemwasnotvotedonbecausethe CityCouncilrequestedthattheHLCpostponeconsiderationoftherecommendationfortheRTHLuntilfurther notice. At that time, there had been significant interest in th OnNovember11,2013,theHLCvotedunanimously(8-0)torecommendapprovalofapetitionbytheDCHC totheTexasHistoricCommissionforaRTHLdesignationofCityHallWest(Exhibit1).OnDecember11, 2013,thePlanningandZoningCommissionwasbriefedonthisrequestduringWorkSession(Exhibit7)and onMarch5,2014,thePlanningandZoningCommissionvotedtorecommendCHWforaRTHLdesignation (Exhibit8).TheCityCouncil,duringaworksessiononAugust19,2014,directedstafftoplacethe authorization to pursue RTHL designation on the Council agenda. Thesubjectsite,knownasCityHallWestwasdesignatedasalocalhistoriclandmarkonSeptember7,1982, perOrdinanceNo.82-69(Exhibit3).Constructedin1927,thebuildinghasbeenrepurposedovertimeand usedbyseveralCitydepartments.IthasservedasDentonsCityHall,aFireStation,aPoliceDepartment,and now houses the Citys Planning and Development Department. RTHL Designation Application Procedure InordertoapplyforRTHLdesignation,asponsorshipapplicationform,narrativehistory,documentation,legal description,siteplan,floorplan,historicphotographandcurrentphotographsclearlydepictingeachsideofthe structure are required to be submitted to the Texas Historical C City of DentonPage 1 of 3Printed on 9/5/2014 powered by Legistar" File #:HL13-0001b,Version:1 st TheapplicationprocessisayearlongprocesswithapplicationsacceptedbytheTHCbetweenSeptember1 th andNovember15ofeachcalendaryear.TheCountyHistoricalCommissionischargedwithapprovingand submittingtheapplicationtotheTHC.Propertyownerconsentandproofofownershipisrequiredforall applications. Aftersubmittal,theapplicationwillbereviewedbytheTHC.Uponnotificationofasuccessfulpreliminary review,anon-refundableapplicationfeeof$100willberequired.Acopyorscanofproofofcurrent ownership will be required to verify property owner information Afterreceiptoftheproofofownershipandapplicationfee,theapplicationwillbescoredtodetermineifthe markerwillbesubmittedtotheTHCCommissionersforfinalapproval.Belowifthescoringcriteriausedfor this process: SCORING CRITERIA (1) 5 pts. max. Age; (2) 10 pts. max. Historical Significance/Architectural Significa (3) 10 pts. max. State of Repair/Integrity; (4) 10 pts. max. Diversity of topic for addressing gaps in histo (5) 15 pts. max. Value of topic as an undertold or untold aspect (6) 10 pts. max. Endangerment level of property, site or topic; (7) 10 pts. max. Available documentation and resources; (8) 10 pts. max. Diversity among this group of candidates; (9) 5 pts. max. Relevance to other commission programs; and (10) 15 pts. max. Relevance to the commissions current thematic The schedule for the 2015 Official Texas Historical Marker is as September - November 2014: New applications will be accepted for September - January 2015: THC staff evaluates the applications. January 2015: Commissioners authorize markers for 2015 program. January - December 2015: Inscriptions will be written for the ap Ifapproved,theinscriptionforthemarkerwillbewrittenandthemarkerwillbecastusingtheSouthwell CompanyinSanAntonio.Thereareseveraloptionsforthetypeofmarkertobeused(Exhibit11).Thefeefor themarkerrangesfrom$800to$1,800plusa$100applicationfee.Themarkerwillberequiredtobeplacedin anareaeasilyaccessiblebythepublic.Ifapproved,staffwillsurveyCounciltochooseamarkertypetoutilize for this designation. RECOMMENDATION ThePlanningandZoningCommissionrecommendsCityHallWestbeconsideredforRecordedTexasHistoricLandmark(RTHL)(7- 0). TheHistoricLandmarkCommissionrecommendsCityHallWestbeconsideredforRecordedTexasHistoricLandmark(RTHL)(8- 0). PREVIOUS CONSIDERATION City of DentonPage 2 of 3Printed on 9/5/2014 powered by Legistar" File #:HL13-0001b,Version:1 1.August 19, 2014 - City Council Work Session (HL13-0001) 2.March 5, 2014 - Planning and Zoning Commission (HL13-0001) 3.November 11, 2013 - Historic Landmark Commission (HL13-0001) 4.September 7, 1982 - City Council approved Historic Landmark Desi EXHIBITS 1.Location Map 2.Zoning Map 3.Ordinance 82-69 4.HLC Recommendation Letter 5.HLC meeting minutes August 12, 2013 6.HLC meeting minutes November 11, 2013 7.P&Z Work Session meeting minutes December 11, 2013 8.P&Z meeting minutes March 5, 2014 9.CC Work Session meeting minutes April 8, 2014 10.RTHL Application Form 11.Marker Types 12.Historic Photos of City Hall West 13.Resolution Respectfully submitted:Brian Lockley, AICP, CPM Planning and Development, Director Prepared by: Cindy Jackson, AICP Senior Planner City of DentonPage 3 of 3Printed on 9/5/2014 powered by Legistar" CITY OF DENTON Exhibit 1 McKinney Street DC-G Site µ The City of Denton has prepared maps for departmental use. Legend These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to Parcels produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map 0102040 Feet Date: 8/28/2014 indicates understanding and acceptance of this statement. Path: C:\Users\1074159\Desktop\(Cindy)Portrait - A (8.5 x 11)_v10.0.mxd Exhibit 10 RTHL Application Form RECORDED TEXAS HISTORIC LANDMARK MARKERS: 2015 Official Texas Historical Marker COVERSHEET Complete the form and send to markerapplication@thc.state.tx.us Valid September 1, 2014 to November 15, 2014 only APPROVAL BY COUNTY HISTORICAL COMMISSION (required) As chair or duly appointed marker chair, I certify the following The topic qualifies for an Official Texas Historical Marker acco on the THC website. Representatives of the CHC have met or talked with the potential marker sponsor and discussed the marker program policies as outlined on the THC website. The application has been filled out correctly. The narrative hi been reviewed for accuracy. CHC comments or concerns about this application (required): Name of CHC contact (chair or marker chair): Mailing address: City, Zip: Daytime phone: Email address: CHECKLIST APPROVAL (required) The building/structure is at least 50 years old The building/structure is eligible for the RTHL designation according to marker policies (good state of repair, in compliance with preservation Permission of current property owner for marker placement has been obtained (page 6) Sponsor Name: Date: NOTICE: Incomplete applications will be returned to the CHC Chair or Marker Chair. 17 Page of RECORDED TEXAS HISTORIC LANDMARK MARKERS: 2015 Official Texas Historical Marker SPONSORSHIP APPLICATION This form constitutes a request for the Texas Historical Commission (THC) to consider approval of an Official Texas Historical Marker for the topic no THC will review the request and make its determination based on the program. Filing of the application for sponsorship is for the purpose of pr information to be used in the evaluation process. The final deteon of eligibility and approval for a state marker will be made by the THC. This form irded Texas Historic Landmark (RTHL) requests only for buildings or structures. Please see separate forms for either Historic Texas Cemeteries or subject m Proposed marker topic (THC will determine official title): County: Town (nearest town in same county on current state highway map): Street address of marker site or directions from town noted abov Texas State Representative Name: District #: Texas State Senator Name: District #: Marker Coordinates: If you know the location coordinates of the proposed marker site of the formats below: UTM Zone Easting Northing Lat: Long: (deg, min, sec or decimal degrees) Otherwise, give a precise verbal description here (e.g. northwest corner of 3rd and Elm, or FM 1411, 2.6 miles east of McWhorter Creek): NOTE: RTHL markers must be placed at the structure being marked. RECORDED TEXAS HISTORIC LANDMARK MARKERS Purpose Recorded Texas Historic Landmark (RTHL) markers are awarded to buildings and structures deemed worthy of preservation for their historical associations and a Once designated as RTHL, properties are subject to provisions of Texas Government Code Section 442.006(f). The RTHL designation becomes effective upon approval by the THC. Owners of RTHL-designated properties must give the THC 60 days written notice b any alterations are made to the exterior of the structure. RTHL status is a permanent 27 Page of designation and a RTHL marker is not to be removed from the property in the event of a transfer of ownership. Only the THC can remove the designation o Criteria 1.Age: Properties eligible for the RTHL designation and marker must be at least 2.Historical significance: Architectural significance alone is not enough to qualify a property for RTHL designation. It must have a significant historical association, which can come from an event that occurred at the site; through individuals who owned or lived on the property; oral plants, schoolhouses and other non-residential properties, through documented significance to the l 3.Architectural significance: Properties deemed architecturally significant include outstanding examples of architectural history through design, materials, structural type or construction methods. In al architectural properties must display integrity; that is, the st its appearance from its period of significance and be considered an exemplary model of preservation. Architectural significance is often best determined by the relev including geography. Any changes over the years should be compat compliance with accepted preservation practices, e.g., the . 4.Good state of repair: Structures not considered by the THC to be in a good state of repair are not eligible for RTHL designation. The THC reserves the sole right to make that determination. SPECIAL CONSIDERATION FOR RTHL DOCUMENTATION: National Register properties Properties individually listed in the National Register of Historic Places (NR) under either Criterion A or B and Criterion C (Arc such cases, only an RTHL application needs to be submitted. The such documentation is satisfactory and correct or if documentation needs to be updated. Check this box if the property is individually listed in the NR. Year listed: Courthouses s Historic architecture. In such cases, only an RTHL application needs to b determine whether such documentation is satisfactory and correct or if documentation needs C. APPLICATION PROCEDURES Any individual, group or county historical commission (CHC) may apply to the THC to request an Off Historical Marker for what it deems a worthy topic. Only complet all the required elements can be accepted or processed by the THC (for RTHL markers, the required elements are a sponsorship application form, narrative history, documentation, legal description, site plan, floor plan, historic photograph, and current photographs clearly showing each side of the structureplease resize digital photographs to 1-2 MB, or approximately 1024 x 768 pixels). Completed applications must be duly reviewed, verified and appro (CHC) in the county in which the marker will be placed. 37 Page of The sponsorship application form, narrative history and documentation must be submitted as Microsoft Word or Word-compatible documents and sent via email attachments to the THC b November 15, 2014. Paper copies of applications, whether mailed or delivered, canno of the electronic version. THC email accepts mail no larger than 10 MB. You may split the application and materials into separate emails. Please note this in the email su Required font style and type size are a Times variant and 12-point. Narrative histories must be typed in a double-spaced (or 1.5-spaced) format and include separate sections on context, overview and significance. The narrative history must include documentation in the form of footnotes or endnotes. Documentation associated with applications should be bro-based and demonstrate a survey of all available resources, both primary and secondary. The CHC or Marker Chair will forward the application and narrati markerapplication@thc.state.tx.us. Upon notification of the successful preliminary review of requir-refundable application fee of $100 is required. Please send payment with the invoice which THC provides. Payment of the application fee does not guarantee approval of the historical marker. A copy or scan of proof of current ownership is required to verify the property owner information listed on the application (page 6). Both items are due by December 12, 2014. You may access this information through county appraisal or tax records. Once marker applications have passed preliminary review and the ownership have been received by THC, the application will be sco submitted to the Commissioners of the THC for final approval. SCORING CRITERIA (1) 5 pts. max. Age; (2) 10 pts. max. Historical Significance/Architectural Significance; (3) 10 pts. max. State of Repair/Integrity; (4) 10 pts. max. Diversity of topic for addressing gaps in historical marker program; (5) 15 pts. max. Value of topic as an undertold or untold aspect of Texas history (6) 10 pts. max. Endangerment level of property, site or topic; (7) 10 pts. max. Available documentation and resources; (8) 10 pts. max. Diversity among this group of candidates; (9) 5 pts. max. Relevance to other commission programs; and (10) 15 pts. max. . SPONSORSHIP PAYMENT INFORMATION Prospective sponsors please note the following: Payment must be received in full within 45 days of the official the THC payment form. The THC is unable to process partial payme processing procedures of the sponsor. Applications not paid in the discretion of the THC, be cancelled or postponed. Payment does not constitute ownership of a marker; Recorded Texa Official Texas Historical Markers are the property of the State of If, at any time during the marker process, sponsorship is withdr THC will retain the application fee of $100. The Official Texas Historical Marker Program provides no means of recognizing sponsors or property owners through marker text, incising or supplemental plaques. 47 Page of Marker sponsor (may be individual or organization): Contact person (if applicable): Mailing address: City, zip: Phone: Email address (required): SHIPPING INSTRUCTIONS In order to facilitate marker delivery, residence addresses, post office box numbers and rural route numbers are not permitted. To avoid additional shipping charges or delays, use a5 p.m., Monday through Friday). THC is not responsible for additional shipping charges if multip attempts are made. Name: Street address: City, zip: Daytime phone (required): Email (required): TYPE AND SIZE OF RECORDED TEXAS HISTORIC LANDMARK MARKERS The sponsor/CHC prefers the following size marker: ($1800) x THL marker without post* ($1600) ($1100) THL marker without post* ($1100) RTHL medallion and 1($800) ($800) *For an RTHL marker without post, indicate to what surface mater wood masonry metal other (specify) RECORDS RETENTION BY CHC: The CHC must retain hard copies of the application as well as an version, at least for the duration of the marker process. The THC is not responsible for lost applications, for incomplete applications or for applications not properly filed a information about any aspect of the Official Texas Historical Masee the Markers page on the THC website (http://www.thc.state.tx.us/preserve/projects-and-programs/state-historical-markers) 57 Page of RECORDED TEXAS HISTORIC LANDMARK: PROPERTY OWNER AUTHORIZATION This form does not constitute designation of the building, struc Official designation will occur following staff and commissioner Please fill out attachment, print and sign. Return to our offices before December 12, 2014. Property Name: Physical Address: City: County: Zip: Property reference number (): Legal Description (: Additional description ): The Recorded Texas Historic Landmark (RTHL) designation is award preservation for their architectural integrity and historical assignated properties are afforded a Benefits of the RTHL designation: Recognition that a property is of local, regional or state signi Protection for up to 90 days from exterior alterations, including demolitio Ad valorem tax exemptions, where granted by local taxing authori Inclusion in the Texas Historic Sites Atlas. Technical preservation assistance through the THC. Responsibility of the property owner under the RTHL provision, as noted section 442.006 (f): A person may not damage the historical or architectural integritTexas Historic Landmark without notifying the commission at least 60 days before the begin. After receiving the notice, the commission may waive the waiting will enhance the chance for preservation, it may require an additional On the expiration of the time limits imposed by this section, the person may proceed, butn which notice was given or the notice is considered to have expired. Additionally: The designation requires the public display of the RTHL marker. Texas and may not be removed or relocated without the prior permission of the Texas Historical Commission. RTHL status is a permanent designation which is retained with th ownership. Only the Texas Historical Commission may remove the d 67 Page of Structures designated as RTHLs do not have to be open to the public, but the marker must be accessible t the public. RTHL designation does not imply eligibility for federal tax ince I, , certify that I am the legal owner or authorized representative of the property owner noted herein, and further certify that I have read the information regarding R that I voluntarily seek the designation for the property described herein. I further certify that I will comply with the provisions of Texas Government Code § 442.006. Name (print): Mailing address: City, state, zip: Phone: Date: Signature: _________ THE STATE OF TEXAS § § COUNTY OF _______________________ § BEFORE ME, the undersigned authority, on this day personally appeared ___________________________, known to me to be a credible person, whose name is above subscribed, and said person swore to me the statements contained herein are true and correct. SUBSCRIBED AND SWORN TO BEFORE ME on this ______ day of _____________, 2014. ________________________________________________ NOTARY PUBLIC in and for the STATE OF TEXAS Texas Historical Commission History Programs Division P.O. Box 12276, Austin, TX 78711-2276 Phone 512/463-5853 history@thc.state.tx.us 77 Page of Exhibit 11 Marker Types OFFICIAL TEXAS HISTORICAL MARKER TYPES AND SIZES (There is a $100 application fee in addition to the prices listed below) Large Subject Marker / Large Recorded Texas Historic Landmark Marker "" 27 x 42 Available with or without a post $1800 with post, $1600 without post Small Subject Marker / Small Recorded Texas Historic Landmark Marker "" 18 x 28 Available with or without a post $1100 Recorded Texas Historic Landmark - Medallion & Plaque "" 12 x 16 Available with or without a post $800 Replacement parts: Medallion Only: $350 Plaque Only: $450 Supplemental Plaque (For existing markers) "" 12 x 6 $350 ______________________________________________________________________ Large Historic Texas Cemetery "" 27 x 42 Available with or without a post $1800 with post, $1600 without post Small Historic Texas Cemetery Available with or without a post $1100 Historic Texas Cemetery Name and Date Plaque with Medallion "" 12 x 6 Available with or without a post $650 Historic Texas Cemetery Medallion Special Note: Only available for existing Cemetery Subject Markers $300 1936 Centennial Markers The Texas Legislature created The Commission of Control for Texas Centennial Celebrations in 1935, to commemorate the 100th anniversary of Te from Mexico the following year. The state placed about 1100 exposition buildings, memorial museums, statues, and gray and pink granite markers and monuments around Texas. The Texas Historical Commission was created in 1953 and given authority over the 1936 markers. There are a variety of 1936 Centennial Markers throughout the state of Texas (pictured below). Replacement of 1936 Centennial Marker parts are available upon request. Please email Bob Brinkman at bob.brinkman@thc.state.tx.us or call 512-463-5853 to request an order form. 1936 Centennial Bronze Seal 18" Diameter $75 1936 Centennial Bronze Plaque 24" x 18" $500 1936 Centennial Bronze Star 4 ¼" $100 1936 Centennial Bronze Wreath 9" Diameter $125 1936 Centennial Bronze Wreath & Star $200 _____________________________________________________________ Texas Historical Commission History Programs Division P.O. Box 12276, Austin, TX 78711-2276 Phone 512/463-5853 history@thc.state.tx.us Exhibit 13 Resolution CITY OF DENTON Exhibit 2 McKinney Street DC-G Site µ Legend The City of Denton has prepared maps for departmental use. ParcelsEC-CNR-2RCC-D A These are not official maps of the City of Denton and should not be EC-INR-3RCC-N CM-E used for legal, engineering or surveying purposes but rather for ETJNR-4RCR-1 reference purposes. These maps are the property of the City of CM-G Denton and have been made available to the public based on the IC-ENR-6RCR-2 DC-G Public Information Act. The City of Denton makes every effort to IC-GNRMURD-5 DC-N produce and publish the most current and accurate information MF-1NRMU-12RD-5X possible. No warranties, expressed or implied, are provided for the DR-1 data herein, its use, or its interpretation. Utilization of this map 0102040 MPCPD DR-2 Feet Date: 8/28/2014 indicates understanding and acceptance of this statement. NR-1RC Path: C:\Users\1074159\Desktop\(Cindy)Portrait - A (8.5 x 11)_v10.0.mxd Exhibit 3 Ordinance 82-69 Exhibit 4 HLC Recommendation Letter CITY OF DENTON HISTORIC LANDMARK COMMISSION August 12, 2013 Beth Stribling, Chair Denton County Historical Commission 110 W. Hickory Denton, Texas 76201 Re: Application for a THC RTHL marker for 1927 City Hall (City H The City of Denton Historic Landmark Commission (HLC) applauds the Denton County Historical Commission (DCHC) in its efforts to secure a Texas Hi (THC) Recorded Texas Historic Landmark (RTHL) marker for 1927 Ci called City Hall West, at 221 North Elm St. The City of Denton Historic Landmark Commission is pleased to submit this letter of support for the R by DCHC City Hall West was built in 1927 to serve as home to the Denton City Hall, which included City administrative offices and the fire station, polic auditorium. The building is one of the few buildings in Denton c Colonial Revival architectural style, as evidenced by its tiled roof and embellishments that recall similar details in Spanish missions found in South T Hall West, Elmer Van Slyke, used this style in several buildings Southwest including buildings at Texas Christian University in Fort Worth. City Hall West received City of Denton landmark status in 1982 i approved by the Denton City Council. The local landmark designation provides the highest preservation protection available, as it requires the HLsignated exterior modifications and any consideration of demolition. The RTHL designation sought by the DCHC will enhance the integrity of protections already in place. Once designated with an RTHL marker, City Hall West will be included on a list maintained by the THC of RTHL-marked buildings. Inclusion on this list will raise visibility of City Hall West and surrounding historic structures Square, through heritage tourism. Inclusion on the THC list of R-marked buildings thus supports external marketing efforts of the City, a stated goal oenton Downtown Development Plan. Historically significant buildings in Denton are a rare, preciou in our city. They carry unique value as a source of community pride, enhance opportunities for historic tourism, and support economic develop DCHC efforts to strengthen preservation of this building by seek Hall West are highly appreciated by the City of Denton Historic Landmark Commission, and we fully support your application for a THC RTHL marker for ____________________________ (name) Chairman City of Denton Historic Landmark Commission __________________________________ ____________________ (name) Date D. Hold a discussion and take action regarding the proposed statelandmark designation of 221 NorthElm Street. (Pati Haworth) Haworth stated that she has distributed a copy of a letter under review to the Commissioners. Lockley requested to advise the Commission of an update from City Council on this item. Lockley stated that City Council has expressed an interest in 221 N. Elm Street and has subsequently requested that the Commission postpone any action on this item until further direction from the City Council. Haworth inquired why a state landmark designation would jeopardize City Councils interest in the building. Lockley stated that City Council was only requesting no further action for the time being. Haworth requested confirmation of how long further action was to be postponed. Lockley stated that he would consult with the City Manager’s Office and advise the Commission of a time frame. Conte stated that the Commission should postpone action on this item pending further direction from City Council. Haworth inquired if the request to postpone further action on this item originated from staff or City Council. Lockley replied that the request was from City Council which developed from a broader discussion with staff regarding the downtown in general. D. Hold a discussion and takeaction regarding the proposed state landmark designation of 221 N. Elm Street. (Pati Haworth) Haworth recited a letter of recommendation, which supported the Denton County Historical Commission (DCHC) in their efforts to secure a Texas Historical Landmark designation for City Hall West, 221 North Elm Street, Denton Texas. Conte suggested the Downtown Denton Development Plan be referenced as such instead of the older, dated format. Riddle commented that this letter would allow the DCHC to move forward with their research and recommendation. Riddle motioned, Mauelshagen seconded to approve the correction of the dated wording of the letter to read Downtown Denton Development Plan instead. Motion approved. (10-0) Haworth motioned, Keffer seconded to approve the letter for presentation to City Council, as amended. Motion approved. (8-0) Exhibit 7 P&Z Work Session Minutes December 11, 2013 requesting additional parking spaces. Bentley questioned if the runoff in the designated areas would allow the landscape to survive; Viera stated some of the areas have a French drain which allows the water to drain out. Bentley referred to Rosa’s Restaurant and their landscaping situation, Viera stated post oak trees are not meant to be in wet areas. Schaake stated further discussion will occur during the regular session. 2.Receive a report, hold a discussion and consider making a recommendation to City Council for a resolution to be sent to the Texas Historical Commission in support of a recommendation from the Historic Landmark Commission for the designation of 221 N. Elm Street, also known as City Hall West, as a State Historic Landmark. The Historic Landmark Commission recommends City Hall West be considered for State Historic Landmark designation (8-0). (HL13-0001, City Hall West, Cindy Jackson) Lockley introduced Jackson. Jackson stated this item is for clarification since this item will come before this Commission in January 2014. Jackson stated City Council wanted time to examine their options on the outcome of this building. Jackson stated any exterior renovations of this structure would require a Certificate of Appropriateness that goes before the Historic Landmark Commission (HLC). If the HLC deems the renovations to be detrimental they work with the applicant on how to move forward. Jackson stated if the building receives the recommended state designation they are required to follow the Texas Historical Commission (THC) regulations. Jackson stated normal maintenance and interior renovations are not required to have THC review. Jackson stated the HLC recommends approval of the designation (8-0). Conner questioned City Council’s directive; Cabrales stated staff is still in discussion with a developer, they are a part of a larger development proposal. Cabrales added this item has not been taken back to City Council. Cabrales stated City Council has directed staff to move forward with discussions with the developer. Bentley questioned if the City would consider selling the property to anyone that isn’t interested in preserving the property. Cabrales stated the developer is aware of the importance of the building. Schaake requested clarification of local and state entities. Cabrales stated both entities only have restrictions over the exterior of the building. Briggle questioned if both entities have different standards. Jackson stated both entities follow the Secretary of the Interior’s Standards. Schaake questioned if this Commission has reviewed this item before; Jackson stated no, this is the first time this Commission has reviewed it. Jackson added this item would not have a public hearing since it is not something the city would take action on, it would be the state taking action. Schaake questioned if City Council moves the item forward to the state; Jackson stated City Council would approve a Resolution in order for it to move forward. Conner questioned if City Council is required to approve the resolution. Jackson stated they are not obligated to do so. Conner questioned why this Commission is reviewing this request; Cabrales stated the property owner has to be in agreement and since the property owner is the City this is how it would go before the state. Bentley questioned if this Commission would only be making a recommendation; Cabrales stated that is correct. Exhibit 8 P&Z Meeting Minutes April 8, 2014 5.PUBLIC HEARING: A.Hold a public hearing and consider making a recommendation to City Council regarding recognition of 221 N. Elm Street, also known as City Hall West, as a Recorded Texas Historic Landmark designation. The Historic Landmark Commission recommends City Hall West be considered for State Historic Landmark designation (8-0). Lockley stated this is a recommendation to City Council for this Commission to show their support or nonsupport of this designation. This is not a formal approval or denial on this item. Lockley introduced Jackson. Jackson stated this is a recommendation to City Council to designate City Hall West as a Recorded Texas Historic Landmark (RTHL). City Hall West was constructed in 1927 and has served as Denton’s City Hall, a Fire Station, Theater, a Police Department, and now houses the City’s Development Services Department. In July 2013, a representative of the Denton County Historical Commission approached the former Historic Landmark Commission Chair, Karen DeVinney and asked for the Commission’s support for the proposed State Historic Landmark designation of City Hall West. The item was placed on the HLC’s August, 2013 agenda. During that meeting, the item was not voted on per City Council’s direction. The Council requested that the HLC postpone consideration of the recommendation for State Historic Landmark designation of CHW until further notice. There has been significant interest in the purchase of this property by an outside entity. The Council would prefer to examine their options for the sale of this property before committing to making a recommendation in support of an additional historic designation. The building was designated a local historic landmark in 1982, per ordinance number 82-69. Jackson stated a consequence of this local designation is that any exterior renovations must first be approved through the Certificate of Appropriateness (COA) process. The HLC reviews COA applications to ensure that the proposed renovations would not adversely affect any significant architectural or historical feature of the designated historic landmark, and is appropriate and consistent with spirit and purposes” of the originating ordinance. Jackson stated the required permits for locally designated landmarks are as follows: Certificate of Appropriateness (COA) is for exterior work only; this can be reviewed in five days by Administrative approval for maintenance or by the HLC with a 21 day review time period. Also, building permits might be required which is a 10 day review time period. Jackson added with the RTHL Designation all exterior renovations would have to be approved by both the Texas Historical Commission (THC) and the HLC. The applications for the exterior renovations must be forwarded to the THC 60 days prior to commencement of work. Subsequent to approval by the THC, the HLC would then review the proposed renovations through the COA process. The benefits of the RTHL are recognition that a property is of local, regional or state significance. This allows protection for up to 90 days from exterior alterations, including demolition or relocation. Also, eligibility for state preservation grant funds. The HLC recommends City Hall West be considered for Recorded Texas Historic Landmark designation. Bentley questioned if the COA process is what is already required for the subject building, Jackson stated that is correct. Bentley referred to the review time for both entities; Bentley questioned if these reviews can be reviewed simultaneously. Jackson stated the building permit and the COA can be submitted at the same time; however, staff doesn’t recommend that process. Conner questioned the designation being attached to the land. Jackson stated it is not the property, only the standing building. Conner stated the backup materials stated this Commission wished to postpone this item; Jackson stated that was her understanding. Conner stated this Commission didn’t wish to postpone this item, they were instructed to do so. Briggle questioned the process to remove the designation that is currently on the property. Jackson stated is similar to the rezoning process. Briggle questioned if that would require a Public Hearing; Jackson stated correct. Briggle questioned the process to remove the proposed state designation; Jackson stated she is unfamiliar with that process. Briggle questioned penalties for the developer doing the work they want to on the structure without permission. Leal stated he is not familiar with the State Historic Designation and their processes. Briggle stated it looks like some of the review processes can happen concurrently; what was provided looked to be the worst case scenario. Jackson stated typically applicants do not submit a building permit until they have the first approval requirement. Briggle questioned if it normally takes the four months; Jackson stated with the THC. Bentley stated the provided details and staff report are written very vague. Bentley added he spoke with the THC and was provided other details. Bentley added all of the review processes can be run concurrently. Bentley stated after speaking with the individual in Austin, Texas with the THC, he gathered that their review doesn’t require the approval or denial to go before a Board or Commission. Bentley added there are more benefits to the designation than what was provided in the staff backup and presentation. Jackson stated she based backup material information on the Texas Administrative Code. Lockley added the backup materials staff provided were all information they could confirm; research was gathered and confirmed and provided support on that information. Schaake opened the Public Hearing. Beth Stribbing, 201A Brairhill Lane, Argyle, Texas Stribbling stated she is the Chairman of the Historic Resource Survey. Stribbling added she was addressed in 2011 about this request. Denton currently has 15 properties with this designation; which is not a lot of properties. There is a lot of value in designating this property. Stribbling stated she too felt the backup materials didn’t provide enough information. Pati Haworth, 1506 Highland Park Road, Denton, Texas Haworth stated authenticity of the downtown is key to social, cultural, and long time residence. Haworth stated she is in support of this designation. There was no one else to speak on this item. Schaake closed the Public Hearing. Conner stated he doesn’t have an issue with this designation. Conner stated he would like a motion to be made for City Council to receive more information than what this Commission was provided. Taylor stated this is a historic building with a lot of significance. There are a handful of truly historical buildings in the downtown area. Taylor stated he cannot make a decision on the potential sale of the property since there was no information provided on the sale of the property. Conner questioned his recommendation on staff’s backup. Schaake stated that would need to be directed to staff. Bentley the notice was listed as a recommendation. Bentley questioned if that is legally different than this Commission providing their support. Lockley stated it is the same language. Commissioner Devin Taylor motioned, Commissioner Frank Conner seconded to recommend this item to City Council. Motion approved (7-0). 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. Lockley stated the requests made by Briggle and Taylor would be provided during a Work Session Item at the March 19, 2014 meeting. Bentley stated he has a comment for staff and the way that they look at notices for variances. The CVS Pharmacy case was noticed as a hardship; Bentley stated he felt the request being made was not a hardship. Lockley stated staff can review that. Bentley stated an article in the Dallas Morning News that the City is allowing food truck parks. Bentley stated this was heard before this Commission as a Work Session Item and has not been brought back before this Commission. Lockley stated staff read the article in the Denton Record Chronicle. There were several comments that were inconsistent. There is not an approved food truck park ordinance. Lockley stated staff can provide more information on this item and bring it back before this Commission. There was no further discussion. Schaake adjourned the meeting at 8:35 p.m. Exhibit 9 CC Work Session meeting minutes April 8, 2014 City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0538,Version:1 Agenda Information Sheet DEPARTMENT:Economic Development CM/ ACM:John Cabrales, Jr. Date:September 9, 2014 SUBJECT ConsideradoptionofanordinanceamendingOrdinanceNo.2014-191,byappointingtheBoardofDirectorsforTax IncrementReinvestmentZoneNumberThreetobeconcurrentwiththeappointmentandtermsoftheEconomic DevelopmentPartnershipBoard;repealingallconflictingordinancesandportionsthereof;andprovidinganeffective date. BACKGROUND TheOrdinance(2014-191)creatingTaxIncrementReinvestmentZoneNumberThreewasadoptedonJune17, 2014. TheproposedamendmentclarifieslanguageintheOrdinancesothatitautomaticallyappointsboardmembers consistentwithEDPBoardappointments,insteadofrequiringaseparateactionbytheCityCouncil.The currentordinancestatesthattheninemembersofEDP shallbeappointed .Theproposedamendmentstates that the nine members of EDP are hereby appointed . This is an RECOMMENDATION Staff recommends approval. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Ordinance 2014-191 on June 17, 2014 FISCAL INFORMATION No Fiscal Impact EXHIBITS Exhibit 1 - Ordinance 2014-191 Exhibit 2 - Proposed Ordinance Amendment Respectfully Submitted, Aimee Bissett Economic Development Director City of DentonPage 1 of 1Printed on 9/5/2014 powered by Legistar" City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0549,Version:1 Agenda Information Sheet DEPARTMENT:Economic Development CM/ ACM:John Cabrales, Jr. Date:September 9, 2014 SUBJECT ConsideradoptionofanordinanceamendingOrdinanceNo.2012-366(heretoforeamendedbyOrdinanceNo.2014-039), byappointingtheBoardofDirectorsforTaxIncrementReinvestmentZoneNumberTwotobeconcurrentwiththe appointmentandtermsoftheEconomicDevelopmentPartnershipBoard;repealingallconflictingordinancesand portions thereof; and providing an effective date. BACKGROUND TheOrdinance(2012-366)creatingTaxIncrementReinvestmentZoneNumberTwowasadoptedonDecember 18,2012.AnAmendedOrdinance(2014-039)wasadoptedonFebruary4,2014tonametheEconomic Development Partnership Board as the nine board members appointe TheproposedamendmentclarifieslanguageintheOrdinancesothatitautomaticallyappointsboardmembers consistentwithEDPBoardappointments,insteadofrequiringaseparateactionbytheCityCouncil.The currentordinancestatesthattheninemembersofEDP shallbeappointed .Theproposedamendmentstates that the nine members of EDP are hereby appointed . This is an RECOMMENDATION Staff recommends approval. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Ordinance 2012-366 on December 18, 2012 Ordinance 2014-039 on February 4, 2014 FISCAL INFORMATION No Fiscal Impact EXHIBITS Exhibit 1 - Ordinance 2012-366 Exhibit 2 - Ordinance 2014-039 Exhibit 3 - Proposed Ordinance Amendment Respectfully submitted: City of DentonPage 1 of 2Printed on 9/5/2014 powered by Legistar" File #:ID 14-0549,Version:1 Aimee Bissett Economic Development Director City of DentonPage 2 of 2Printed on 9/5/2014 powered by Legistar" City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:A14-0001c,Version:1 Agenda Information Sheet DEPARTMENT:Planning and Development CM/ ACM:John Cabrales, Jr. Date:September 9, 2014 SUBJECT ConsideradoptionofanordinanceonfirstreadingoftheCityofDenton,Texasregardingtheannexationof 40.33acresofland,moreorless,generallylocatedonthewestsideofCooperCreekRoad,approximately800 feetsouthofSilverDomeRoad,andapproximately1,800feetnorthofMingoRoad,morespecifically describedinExhibits A and B ;approvingaserviceplanforthesubjectpropertyandtemporarilyplacing thepropertyintheRuralResidential-5(RD-5)zoningdistrict;providingforanupdatetotheCityMapto include the annexed lands; providing for a savings clause and ef BACKGROUND RandallSmithistheauthorizedrepresentativeofCharlesByrom,thepropertyowner,forthisannexation request. Thesubjectpropertyisapproximately40.33acresandisadjacenttocurrentcitylimitsonitsnorth,west,and southboundaries.TheadjacentzoningdistrictsareNeighborhoodResidential4(NR-4)tothenorthandwest andNeighborhoodResidential6(NR-6)tothesouth(seeExhibit3).TheFutureLandUseMapinTheDenton PlandesignatesthesubjectpropertyasaNeighborhoodCenter(seeExhibit4).Thedeveloperdesirestobuilda single family subdivision across this entire subject site and is ThepetitiontobeannexedwasapprovedbyCityCouncilonMay6,2014.Asaresult,staffhasprepareda serviceplanandscheduledtheannexationproceedingsforthisproperty.Theproposedannexationrequest complieswithannexationrequirements,andthisisthesecondoftwopublichearingsrequiredfortherequest. The first public hearing was held on August 5, 2014, and no comm Annexation Requirements: Annexationshouldbeconsideredwhenapropertyislocatedwithinthedesignatedurbanizingarea,isexpected toaccommodateurbangrowthinthenext20years,andiftheannexationiscontiguoustoexistingcitylimits, cityroadsandrights-of-way.Inaddition,TheDentonPlancallsforproactiveannexationoflandinthe southernETJandotherurbanizingareasthatbecomeattractiveforurbandevelopment,duetocloseproximity toareasbeingsubdivided.ThetractoflandbeingproposedislocatedinDentonsETJDivision1,itis consideredanurbanizingareaperTheDentonPlan,andisadjacenttothecitylimits.Thesubjectsiteisnot platted,andanysubsequentsubdivisionorreconfigurationofthistractwillbesubjecttotheCityssubdivision City of DentonPage 1 of 4Printed on 9/5/2014 powered by Legistar" File #:A14-0001c,Version:1 regulations.Thedeveloperplanstosubdividetheimmediatelyadjacentlandtothenorth,west,andsouth within the city limits for residential development. ThisrequestisexemptfromamunicipalannexationplanpertheTexasLocalGovernmentCode.Tx.LGC §43.061establishesthestandardsbywhichmunicipalitiesmustabideregardingannexationofareasexempted fromthemunicipalannexationplanrequirement.Thefollowingisadescriptionofthestepsthatmustbe followed during the annexation procedure for areas exempt from a 1.Providewrittennoticeofintenttopropertyowners,DISD,railroadsandpublicandprivateentities,if required; 2.Preparation of the Service Plan; 3.NoticeofthehearingsispublishedintheDentonRecord-Chronicleandpostedonthecity'sInternet website; thth 4.CityCouncilholdstwopublichearingsonorafterthe40day,butbeforethe20daybeforethedateof the institution of proceedings (Ordinance Readings), at which al 5.City Council holds first Reading of the Annexation Ordinance; 6.City Council holds second Reading of the Annexation Ordinance an 7.Proper post-annexation preclearance and notice is completed. A schedule of these steps is included in Exhibit 5. Written Notice Requirement: th Beforethe30day,beforethedateofthefirsthearingrequiredunderSection43.063,amunicipalityshallgive written notice of its intent to annex the area to the following: (1)Eachpropertyownerintheaffectedarea,asindicatedbytheappraisalrecordsfurnishedbythe appraisal district for each county in which the affected area is (2)Eachpublicentity,asdefinedbyTx.LGC§43.053,orprivateentitythatprovidesservicesinthe area proposed for annexation; and (3)Eachrailroadcompanythatservesthemunicipalityandisonthemunicipality'staxrollifthe company's right-of-way is in the area proposed for annexation. A"publicentity"includesamunicipality,county,fireprotectionserviceprovider,includingavolunteerfire department,emergencymedicalservicesprovider,includingavolunteeremergencymedicalservicesprovider, or a special district, as that term is defined by Tx.LGC §43.052 Id. at Tx.LGC £43.053(a). TheCitymustalsoprovidethewrittennoticetoallschooldistrictslocatedinanareatobeannexedwithinthe periodprescribedforpublishingofthefirstpublichearing.Thenoticemustincludeanyfinancialimpactonthe districtthatmayresultfromtheannexationandthecity'sproposaltolimittheeffectsofthatfinancialimpact. (Id. at Tx.LGC£43.905) Posting Requirement: Inadditiontotheabovewrittennoticerequirement,sincetheCityhasaninternetwebsite,theCityisrequired topostnoticeofthehearingsonthemunicipalitysinternetwebsiteandpublishnoticeofthehearingsina newspaper of general circulation in the municipality and in the Service Plan Tx.LGC§43.065setsforththerequirementsrelatingtoschedulingfortheprovisionofmunicipalservicesfor City of DentonPage 2 of 4Printed on 9/5/2014 powered by Legistar" File #:A14-0001c,Version:1 areasexemptedfromamunicipalannexationplan.Assuch,aserviceinventoryandserviceplanwasprepared forthesubjectsiteoftheproposedannexationrequest(A14-0001).TheserviceanalysisisattachedasExhibit 6, and the service plan is attached as Exhibit 7. NoticesweresentasrequiredbyStateLaw.Inaddition,noticesweresenttopropertyownerswithin200feet andresidentswithin500feet.Atthetimeofdraftingthisstaffreport,tworesponseswerereceivedinfavorof the request. OPTIONS 1.Proceed with the annexation. 2.Amend the land area proposed for annexation. 3.Amend the Service Plan. 4.Discontinue annexation. RECOMMENDATION TheDevelopmentReviewCommitteerecommends APPROVAL oftheproposedannexationrequest(A14- 0001). ESTIMATED SCHEDULE OF PROJECT See Exhibit 5. PRIOR ACTION/REVIEW (Council, Boards, Commissions) City Council May 6, 2014 A14-0001 Petition for Annexation, 7-0 st City Council August 5, 2014 A14-0001 1 Public Hearing for Annexation nd City Council August 19, 2014 A14-0001 2 Public Hearing for Annexation FISCAL INFORMATION None at this time. BID INFORMATION Not applicable. EXHIBITS 1.Staff Analysis 2.Site Location Aerial Map 3.Zoning Map 4.Future Land Use Map 5.Annexation Schedule 6.Service Analysis 7.Service Plan 8.Ordinance City of DentonPage 3 of 4Printed on 9/5/2014 powered by Legistar" File #:A14-0001c,Version:1 Respectfully submitted: Brian Lockley Director of Planning and Development Prepared by: Michele Berry, AICP Associate Planner City of DentonPage 4 of 4Printed on 9/5/2014 powered by Legistar" Exhibit 1 Staff Analysis CITY OF DENTON DEVELOPMENT REVIEW COMMITTEE STAFF REPORT P&Z Date:N/ATYPE:Annexation CC Date:September 9, 2014PROJECT #:A14-0001 Project Number: A14-0001 Request: A petition to be annexed by the City of Denton Applicant: Randall Smith, 5428 Lake Victoria Ct. Flower Mound, TX 75022 Property Owner: Charles Byrom, Estate of C.L. Byrom, P.O. Box 603 Sanger, TX 76266 Location: The property is generally located northeastofthecity limits, on the west side of Cooper Creek Road,approximately 1,200 feet north of Fishtrap Road and 800 feet south of Silver Dome Road. Size: 40.33+ Zoning Designation: N/A Future Land Use:N eighborhood Center Case Planner: Michele Berry DRC Recommendation:APPROVAL The Development Review Committee recommends of A14-0001. Summary of Analysis: The request is to grant a petition to annex to a property owner in the City of Denton Extra- Territorial Jurisdiction (ETJ). The proposed annexation would allow the developer to develop both the subject property and the adjacent properties that are within the city limits as a single- familysubdivision. If annexed, the developer intends to bring forward a zoning case to establish the initial zoning on the property. The initial zoning cannot beginuntil the property in withinthe city limitssincethe City does not have zoning jurisdiction in the ETJ. Annexation should be considered when a property is located within the designated urbanizing area; is expected to accommodate urban growth in the next twenty years; and if the annexation is contiguous to existing city limits, city roads and rights-of-way. In addition, The Denton Plan calls for proactive annexation of land in the southern ETJ and other urbanizing areas that become attractive for urban development, due to close proximity to areas being subdivided. The tract of land being proposed is located in Denton’s ETJ Division 1, it is considered an urbanizing area per The Denton Plan, and is adjacent to city limits. The subject site is not platted, and any subsequent subdivision or reconfiguration of this tract will be subject to the City’s subdivision regulations. The developer plans tosubdivide the immediately adjacent land to the north, west, and south within city limits for residential development. The annexation process is regulated by the Texas State Local Government Code. Per Section 43.028 of the Texas Local Government Code municipalities may annex by petition of property owners if the land is: (1)That is one half mile or less in width; (2)That is contiguous to the annexing municipality; and (3)That is vacant and without residents or on which fewer than three qualified voters reside. The 40.33 acre subject property meets all three of the above-referencedcriteria. The petition to be annexed was approved byCity Council on May 6, 2014. As a result,staff has prepared a service plan and scheduled the annexation proceedings for this property. Development Review Committee Based upon the information provided by the applicant, the Development Review Committee IS CONSISTENT finds that with the recommended conditions the request with the surrounding IS CONSISTENTIS land uses and general character of the area, with the Denton Plan, and CONSISTENT with the Denton Development Code. Based upon the findings-of-fact, the Development Review Committee (DRC) recommends APPROVAL of A14-0001. 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: NR-4NR-4ETJ Farm and ranch improvementsFarm and ranch improvementsFarm and ranch improvements West:Subject Property:East: NR-4ETJETJ Acreage with or without ag.Farm and ranch improvementsFarm and ranch improvements Southwest:South:Southeast: NR-6NR-6ETJ Acreage with or without ag.Acreage with or without ag.Acreage with or without ag. Source: City of Denton Geographical Information System and site visit by City staff The developerintends to zone the property to match the surrounding properties that are within the City, Neighborhood Residential 4 (NR-4) and Neighborhood Residential 6 (NR-6), once the property is annexed. Summary of Surrounding Zoning Designations and Current Land Use Activity: Immediately surrounding the property is acreage with or without agricultural use and farm and ranch improvements. However, approximately 1,000 feet to the northwest is the Deer Forest Subdivision. In addition, a pre-application conference for a residential subdivisionhas been submitted for the area to the north,east,and south. This area was previously in a General Development Plan and is currently zoned NR-4 and NR-6. Comprehensive Plan: A.Consistency with Goals, Objectives and Strategies The Growth Management component of the Denton Plandesignates this property as “Urbanizing Extraterritorial Jurisdiction.” The Denton Plan also indicates this area is future residential on the Growth Management Plan. This project is consistent with The Denton Plan. It is proposing development in an area designated as urbanizing in the Growth Management Plan. Furthermore, the type of development proposed is residential and the area is designated a neighborhood center per the Future Land Use Map. B.Land Use Analysis The request is compatible with existing land uses and land use goals in The Denton Plan. The DentonPlan calls for annexation of approximately 15,000 additional acres for single- familyuses. Since 1999, the City has annexed approximately 20,827 acres. A large portion of this area is the Greenbelt Corridor, whichis anticipated to be preserved as open space. Other portions of the land that has been annexed will be developed with commercial or industrial uses The developer is pursuing theproposedannexation to create a residential subdivision. The annexed area will be part of a larger residential development by thisdeveloper. The developer anticipates residential development under the NR-4 and NR-6 zoning districts. This is compatiblewith thezoning adjacent to this property. In addition, there is an elementary school to the northwest and several churchesserving as community focal points. By annexing the property, the City can ensure that its development regulations apply. The development would need to meet all City codes and criteria. The City has little control over the uses permitted, design, or standards if left in the ETJ, but the property can still be developed without being annexed or zoned. In addition, the property is located in an area surrounded by the City of Denton (See Exhibit 2). Nearest Elementary, Middle, and High School Name of SchoolApproximate Distance From Subject Property HodgeElementary1,300± feet Strickland Middle2.4± miles Ryan High School2.1± miles Source: Denton Independent School District Nearest Fire, and EMS Station Approximate Distance From Subject Name of Station Property Fire Station 412,400± feet Source: City of Denton GIS, Fire Department, and EMS Water and Wastewater Demand and Capacity: The developer is required to extend services to serve the proposed property. There are adequate sewer and water services in the general area that will need to be extended with development, per City policy. Water is available by connecting to, and extending a main from, either the existing 12-inch main at the Kings Row/Farris Road intersection, the existing 12-inch main at the Cooper Creek Road/Mingo Road intersection, or one of the existing 12-inch stubs off the 30-inch main along Loop 288. Sewer is available via the existing 10-inch gravity main along Cooper Creek Road. Roadways/Transportation Network: Cooper Creek Road is adjacent tothe easternboundary of the subject property and is classified as a Collector Road,not yet built to class standard per the Mobility Plan. Per the Denton Development Code (DDC)the developer maybe required to make the required improvements to the road. Cooper Creek Road is maintained by the County, butsince we are annexing the road, in addition to the property,it will putadditional responsibility on the City to maintain the road. Per the Denton Mobility Plan, Windsor Street is a Secondary Major Arterial that will be extended to the subject property and along its northern edge. The developer willbe required to dedicate this right-of-way, and make improvements per the regulations in the DDC. Right-of- way dedication is required through the Subdivision Ordinance which applies to properties in the city limits and in the ETJ. Environmental Conditions: A.Surface Water:There are no streams or areas of floodplain on site. B.Environmentally Sensitive Areas:The subject property is not encroaching into environmentally sensitive areas (ESAs) Electric: There are existing Denton Municipal Electric (DME) electric lines along the property frontage on Cooper Creek Road. Park Facilities: A.Name of park facilities currently serving this area: Clear Creek Natural Heritage Center, approximately 6,800 feet to the northeast Cooper Creek Open Space, approximately 5,400 feet to the south Avondale Park, approximately 6,500 feet to the west CITY OF DENTON Exhibit 2 Site Location Aerial Map A14-0001 Subject Property 288 Legend The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Subject Property Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information Citylimits possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map 03206401,280 indicates understanding and acceptance of this statement. Feet CITY OF DENTON Exhibit 3 Zoning Map A14-0001 Subject Property 288 Legend The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not Subject PropertyEC-CNR-2RCC-D be used for legal, engineering or surveying purposes but rather AEC-INR-3RCC-N for reference purposes. These maps are the property of the City of CM-ENR-4RCR-1 ETJ Denton and have been made available to the public based on the CM-GIC-ENR-6RCR-2 Public Information Act. The City of Denton makes every effort to DC-GIC-GNRMURD-5 produce and publish the most current and accurate information DC-NMF-1NRMU-12RD-5X possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map DR-1MPCPDCitylimits 03206401,280 indicates understanding and acceptance of this statement. DR-2NR-1RC Feet CITY OF DENTON Exhibit 4 Future Land Use Map A14-0001 Neighborhood Center Subject Property Community Mixed Use Center 288 Existing Land Use Industrial Center Employment Center The City of Denton has prepared maps for departmental use. Legend These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather CitylimitsCommunity Mixed Use Center for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Subject PropertyRegional Mixed Use Center Public Information Act. The City of Denton makes every effort to Neighborhood CenterEmployment Center produce and publish the most current and accurate information Downtown University CoreExisting Land Use possible. No warranties, expressed or implied, are provided for Industrial CenterRural Areas the data herein, its use, or its interpretation. Utilization of this map 03206401,280 indicates understanding and acceptance of this statement. Feet Exhibit 5 Annexation Schedule A14-0001Annexation Tues., May 6, 2014City Council hears petition to Annex Tues., August 5, 2014City Council conducts first public hearing. Public notice must be no less than 10 days and no more than 20 days before public hearing. Service Planprepared and available for public review. Tues., August 19, 2014City Council conducts second public hearing. Public notice must be no less than 10 days and no more than 20 days before public hearing. Tues., September 9, 2014City Council by a four-fifths vote institutes annexation proceedings. First reading of annexation ordinance. Action must be more than 20 days after the second public hearing but less than 40 days from the first public hearing. Sun., September 14, 2014Ordinance published The ordinance cannot be acted upon until at least 30 days after publication. Tues., October 21, 2014City Council by a four-fifths vote takes final action. Second reading and adoption of the annexation ordinance. Council action must be more than 30 days after publication of ordinance and less than 90 days after council institutes st annexation proceedings (adopts ordinance on 1reading). The second reading of the ordinance could be held any time between October 14, 2014 and December 12, 2014. Annexations must be rigidly coordinated in conjunction with the City Council public hearing schedule due to specific timing mandates established by Texas State Law. The Texas Local st Government Code requires that City Council institute annexation proceedings (1Reading of the 20 days after the second City Council public hearingbut less than 40 Ordinance) more than days from the first City Council public hearing. Exhibit 6 Service Analysis A14-0001 Size-40.33 acres Location-Northeast of Loop 288 and Mingo Road Proposed Use and Zoning -SingleFamily Residential, NR-4 and NR-6. Approximately200 residential unitsanticipated, 420-540 new residents Water/Waste water § Staff: Jim Jenks Phone:940 340-7112 (Note: Please see 43.053 (e) below for information to be provided) What is the size, location, and distance from the property of the nearest City of Denton water Line? There is a 30 inch line at 288 and a 12 inch line at the Cooper Creek Road and Mingo Road intersection andat the Ferrisand King’s Row intersection. There should be adequate sewer facilities for the proposed development. What is the size, location, anddistance from the property of the nearest City of Denton sewer Line? There is a 10 inch gravity main alongCooper Creek. According to the City of Denton master plan what types of water and waste-water lines and facilities would be required for this areaand when are those lines and facilities proposed for construction? The existing line should serve the development. All local service lines will need to be installed by the developer. Are there City of Denton lines in the are proposed for annexation? Yes, there are line along Cooper Creek Road, reference above. Please comment on the cumulative impact of annexation and development: At what population level would additional equipment be required?Based on the proposed zoning associated with this annexation request the existing lines should be sufficient. When commercial development comes into the surrounding area, already within City Limits, additional mains may be required. Is there acceptable equipmentto population ratio that can be used for planning purposes? No. Engineering and Transportation § Staff: Bud Vokoun Phone: 940 349-7710(Note: Please see 43.053 (e) below for information to be provided) What existing roads, bridges, and other transportation facilities will be impacted by this proposed annexation and development in terms of needed improvements or upgrades? List project name, location and estimated cost. While not directly associated with this request there are several projects needed for the complete build out of the larger area. This annexation request contributes to the need for the following projects, though they would be needed with or without the annexation. 1. Closing King’s Row and maintaining access to the loop for existing residents. 2. Windsor crossing over the loop via a bridge. 3. Improvements to the bend in Cooper Creek Road. 4. Ensuring staff student crossing to the adjacent elementary school Are any of these improvements presently scheduled to be done at state or federal expense? If yes, please identify facility and anticipated date improvements will begin. None of these projects are scheduled to be done at state or federal expense. Please list any drainage improvements that may require local funding, and include estimated cost (If no specific improvements can be determined, please make general comments regarding drainage.) Drainage will need to be provided per the standard regulations in the Denton Development Code and Denton Code of Ordinances. There are not major concerns with drainage at this time. Will additional equipment and facilities be needed as a specific result of this annexation and development? If yes, what types? Additional facilities are needed to promote the grow of the area. The developer will need to address the crossing of Windsor over Loop 288. However other improvements will not be provided at this time. Please comment on the cumulative impact of annexation and development: It has already been noted that while the specific areato be annexed does not necessitate the above traffic improvements, they will be requires for build-out of the general area per the existing zoning. Police § Staff:Lenn Carter Ex7996 (Note: Please see 43.053 (f) below for information to be provided) Estimated average response time for this area based on current department conditions: Priority 5 minutes Non-Priority 16 minutes Average 8:19 minutes Appropriate average response time in the City based on current department conditions: Priority 5 minutes Non-Priority 16 minutes Average 8 :19 minutes If annexed and developed as proposed will additional personnel be needed as a specific result of this proposal? If yes, how many and what type? No Will a police substation or other facility be needed to serve this area as a result of annexation and development? If yes, when should the new facilities be operational? No Please comment on the cumulative impact of annexation and development. This development is within the boundary of a current police district and will not require additional resources. At what population level would another police facility be required? N/A Is there an accepted facility/equipment to population ratio that can be used for planning purposes? NO Is there an accepted officer to population ratio that can be used for planning purposes? 1 full-time officer per 2,000 new residents. Fire § Staff: Laura BehrensPhone: 940 349-7381(Note: Please see 43.053 (f)belowfor information to be provided) Fire Station that will serve area, name and distance from the property: Station 4, which is 2.5 to 3 miles away from the subject property. Estimated response time: 8 minutes Appropriate response time in the City: 5 minutes Are there currently plans to expand services in the area: There are plans in the CIP to relocate and rebuild Station 4. If annexed, will there be requested in the next CIP facilities to provided service to this area? No. Total estimate for funding equipment, employees and/or facilities needed to serve the area based on the annexation and the proposed development? N/A Please comment on the cumulative impact of annexation and development. At what population would another fire station be required? Based on current population and growth, a fire station is needed to serve the south east portion of the City. Is there an accepted facility/equipment to population ratio that can be used for planning purposes? Is there an accepted fire fighter to population ratio that can be used for planning purposes? The current Strategic Plan, the Department utilized a widely accepted planning tool based on workload for future planning. Please see the attached document for further details. EMS § Staff: Laura Behrens Phone: 940 349-7381 (Note: Please see 43.053 (f) below for information to be provided) Average dispatch and delivery time: 8 minutes Schedule of equipment, including vehicle: There is currently an engine at Fire Station 4 that will serve as the first responder. Summary of operating and capital expenditures: Based on the projected residential growth, a medic unit would need to be added to Station 4. Currently, the closest front line medic unit would come from Station 1 orStation 5. The cost of adding a new medic crew is estimated at $870,000. This would include 6 new FTE’s, an ambulance, equipment, training, and supplies. Additional Comments: With additional growth in the northeast direction is may be desirable to add a ambulance to Fire Station 4 with its relocation and reconstruction. Changes in the connectivity to the loop will influence the preferred location of the new station. While this annexation does not create the entire need for these services, it is part of the overall growth in this sector of the City that does require additional services. SOLID WASTE § Staff:Scott LebsackPhone 940 349-8069 (Note: Please see 43.053 (f) below for information to be provided) Yes Is residential solid wastes service available to the proposed area? . What is the estimated cost to provide this area with solid waste service? Please separate equipment from personnel. Residential refuse and recycling carts are provided for weekly collections, ranging in price from $25.00 -$30.90 per month depending on cart size selected. What is the typical revenue collected per household? $26.00 per month for standard carts. Will additional equipment be needed to serve this area if annexed and developed? If yes, please list type and cost. Additional carts will be required, which will come from current inventory. Each cart is purchased for approximately $50.00. Will additional employees be needed to serve this area if annexed and developed? If yes, please list type and cost. No. Solid Waste services can Please comment on the cumulative impact of annexation and development: be provided by added these sites to existing routes. At what population level would additional equipment be required? Not applicable. Is there an acceptable equipment to population ratio that can be used for planning purposes? No Is there an acceptable employee to population ratio that can be used for planning purposes? No PARKS § Staff:Jim Mays Phone:940-349-7465 (Note: Please see 43.053 (f) below for information to be provided) What neighborhood park and recreation facilities are currently serving this area or are capable of serving this area if annexed and/or developed? There are nocurrent park facilities that would serve this area. The developer would need to dedicate park land or fees in lieuof parkland as is required by the Denton Development Code.The area is near the Clear Creek nature Preserve but this a regional draw park and does not provide the amenities of a neighborhood park to meet local needs. What projects and or equipment will be needed to adequately serve this area is annexed? Requirements from the Denton Development Code are based on providing and maintaining adequate services. The Park Land Dedication Ordinance applies to developments with residential subdivisions of five (5) dwelling units or more. The Park Land Dedication and Park Development Fees are based on a formula of 2.5 x the number of residential units x 1.8 for multifamily or 2.8 for single family divided by 1000. This figure equals the number of acres that will need to be donated to the city for green space, or a settlement of cash in lieu of land in the amount comparable to that of the appraised valuation of the land developed. A Park Development Fee will be assessed at time of obtaining building permits equal to $187 per multifamily residential unit or $291 per single family unit. Contact Jim Mays in ParksPlanning at 940-349-7465 for more details. Denton ISD Staff: Paul AndressE-mail: pandress@dentonisd.org Education services currently provided by: S trickland Middle School, Ryan High School, Hodge Elementary School. Expected student generation: Elementary –80 students Middle – 34 students High – 36 students If annexed can anticipated service demands be met with using existing materials, facilities and personnel? If not, what will be required? Yes, the annexed area service demands can be met with existing resources. Estimate additional funding needed based on proposed annexation and development No additional funding needed based on this annexation Will projected school taxes from this development provide that additional funding? Residential homes will pay taxes for schools, though they are generallyalso the heaviest users of school facilities. Please comment on the cumulative impact of annexation and development: As growth continues in Denton ISD area the School District will continue to respond to this growth. The Planning department continues to inform of the school district of incoming residential development projects. Electric Utilities Staff:Don McLaughlin Phone: 940 349-7119 What is the distance to, location of, and size of the nearest City of Denton electric Line? There are existing overhead DME electric lines on Cooper Creek Road. What type of line and facilities would be required to serve this area? In addition to the existing lines the developer will need to pay for installation of all needed lines and equipment per the DME Electric Service Standards. Are any new facilities proposed for construction to serve this area? In addition to the existing electric lines, new electric utitlity infrastructure to provide electric service to the development will be installed per Denton Municipal Electric Service Standards. Are there any potential responsibilities if this area is annexed? No. Please comment on the cumulative impact of annexation and development: At what population would additional service be required? Service extensions are provided per Denton Municipal Electric Services Standards. Is there an accepted facility/equipment to population ratio that can be used for planning purposes? No. Is there an accepted employee to population ratio that can be used for planning purposes? No. Exhibit 7 Service Plan 2014Annexation A14-0001 I.AREA ANNEXED The area to be annexed includesapproximately 40.33acresof land containedwithin the northeasternquadrant of the Cityof Denton’sExtraterritorial Jurisdiction (ETJ), Division 1. The proposed annexation containsone owner and no residents. II.INTRODUCTION This service plan has been prepared in accordance with the Texas Local Government Code, Sections 43.021;43.065;and 43.056(b)-(o) (Vernon 2008, as amended). Municipal facilities and services to the annexed areasdescribed above will be provided or made available on behalf of the Cityof Dentonin accordance with the following plan. The Cityof Dentonshall provide the annexed tract the levels of service, infrastructure, and infrastructure maintenance that are comparable to the levels of service, infrastructure, and infrastructure maintenance available in other parts of the Cityof Dentonwith similar topography, land use, and population density. III.AD VALOREM (PROPERTY OWNER) TAX SERVICES A.Police Protection Police protection from the City of Denton Police Department shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas on the effective date of the ordinance. Some of these services include: 1.Normal patrols and responses; 2.Handling of complaints and incident reports; 3.Special units, such as traffic enforcement, investigations and special weapons;and 4.Coordination with other public safety support agencies. As development commences in these areas, sufficient police protection, including personnel and equipment will be provided to furnish these areas with the level of police services consistent with the characteristics of topography, land utilization and population density of the areas. Upon ultimate development, police protection will be provided at a level consistent with other similarly situated areas within the city limits. B.Fire Protection The Denton Fire Department (DFD) will provide emergencyand fire prevention services to the annexation areas. These services include: 1 1.Fire suppression and rescue; 2.Pre-hospital medical services including triage, treatment and transport by Advanced Life Support (ALS) fire engines, trucks and ambulances; 3.Hazardous materials response and mitigation; 4.Emergency prevention and public education efforts; 5.Technical rescue response;and 6.Construction Plan Review and required inspections. Fire protection from the City of Denton shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas of the City of Denton on the effective date of the ordinance. As development commences in these areas, sufficient fire protection, including personnel and equipment will be provided to furnish these areas with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. It is anticipated that fire stations planned to serve areas currently within the City of Denton will be sufficient to serve areas now being considered for annexation. Upon ultimate development, fire protection will be provided at a level consistent with other similarly situated areas within the city limits. C.Emergency Medical Service TheDenton Fire Department (DFD) will provide the following emergency and safety services to the annexation areas. These services include: 1.Emergency medical dispatch and pre-arrival First Aid instructions; 2.Pre-hospital emergency Advanced Life Support (ALS) response;and transport; 3.Medical rescue services. Emergency Medical Services (EMS) from the City of Denton shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas of the City of Denton on the effective date of the ordinance. As development commences in these areas, sufficient EMS, including personnel and equipment will be provided to furnish these areas with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. Upon ultimate development, EMS will be provided at a level consistent with other similarly situated areas within the city limits. D.Solid Waste 2 Solid Waste and Recycling Collection Services will be provided to the newly annexed property immediately upon the effective date of the annexationat a level consistent with current methods and procedures presently provided to similar areas within the city. Private solid waste collection service providers operating in the affected area immediately prior to annexation and currently providing customers with service, may continue to provide their existing service for up to 2 years in accordance with Texas Local Government Code. E.Wastewater Facilities Theproposed annexation area iswithin the City of Denton Sewer Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 20072 as issued by the Texas Commission on Environmental Quality (TCEQ). As development commences in these areas,sanitary sewer mains will be extended in accordance with the provisions of the City’s codes,ordinances and regulations. City participation in the costs of these extensions shall be in accordance with applicable City ordinances and regulations. Capacityshall be provided consistent with the characteristics of topography, land utilization, and population density of the areas. Sanitary sewer mains and lift stations installed or improved to City standards within the annexed areas which are located within dedicated easement, rights-of- way, or any other acceptable location approved by the City Engineer, shall be maintained by the City on the effective date of this ordinance. Operation and maintenance of wastewater facilities in the annexed areas that are within the service area of another water utility will be the responsibility of that utility. Operation and maintenance of private wastewater facilities in the annexed area will be the responsibility of the owner. F.Water Facilities Theproposed annexation area iswithin the City of Denton Water Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas Commission on Environmental Quality (TCEQ). Connections to existing City of Denton water distribution mainsfor water service will be provided in accordance with existing City ordinances and policies. Upon connection to existing distribution mains, water service will be provided at rates established by city ordinance. As new development occurs within these areas, water distribution mains will be extended in accordance with Denton’sCodes,ordinances andutility service policies. City participation in the costs of these extensions shall be in accordance with Denton’s codes andordinances. Water service capacity shall be provided consistent with the characteristics of topography, land use and population density of the area. 3 Operation and maintenance of water facilities in the annexed area that are within the service area of another water utility will be the responsibility of that utility. Existing developments, businesses or homes that are on individual water wells or private water systems will be allowed to continue to remain on these systems until a request for water service is made to the City. These requestsfor service will be handled in accordance with the applicable utility service line extension and connection policies currently in place at the time the request for service is received. G.Roads and Streets Emergency street maintenance shall be provided within the annexation areas on the effective date of the applicable ordinance of acceptance. Routine maintenance will be provided within the annexation areas and will be scheduled as part of the City’s annual program and in accordance with the currentpolicies and procedures defined by the ordinance and/or as established by the City Council. Any construction or reconstruction will be considered within the annexation areas on a City wide basis and within the context of the City’s CIP and/or yearly fiscal budgetary allotments by the City Council. Roadway signage and associated postswill be replaced in priority of importance starting with regulatory signs, then warning signs, then informational signs and in conformance with fiscal allotments by the CityCouncil. All exiting signs will be reviewed for applicability and based upon an engineering study. New signs will be installed when necessary and based upon an engineering study. Routine maintenance of road/street markings will be placed on a priority listing and scheduled within the yearly budgetary allotments by the City Council. H.Parks, Playgrounds, Swimming Pools Residents within the areas annexed may utilize all existing park and recreation facilities, on the effective date of this ordinance.Feesfor such usage shall be in accordance with current fees established by ordinance. As development commences in these areas, additional park and recreation facilities shall be constructed based on park policies defined in the Park Master Plan and as specified in the Park Dedication and Development Ordinance.The general planned locations and classifications of parks will ultimately serve residents from the current City limits and residents from areas being considered for annexation. I.Publicly Owned Facilities Any publicly owned facility, building, or service located within the annexed area, and not otherwise owned or maintained by another governmental entity,shall be 4 maintained by the Cityof Dentonon the effective date of the annexation ordinance. J.Other Services Other services that may be provided by the Cityof Denton, such as municipal and general administration will be made available on the effective date of the annexation. The Cityof Dentonshall provide level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City of Dentonwith topography, land use, and population density similar to those reasonably contemplated or projected in the area. III.UNIFORM LEVEL OF SERVICES ISNOT REQUIRED Nothing in this plan shall require the Cityof Dentonto provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. IV.TERM This service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be at the discretion of City Council. V.AMENDMENTS The service plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete. The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056. 5 Exhibit 8 Ordinance Exhibit 8 Ordinance Exhibit 8 Ordinance Exhibit 8 Ordinance Exhibit 8 Ordinance Exhibit 8 Ordinance Exhibit 8 Ordinance Exhibit 8 Ordinance Exhibit 8 Ordinance City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0498,Version:1 Agenda Information Sheet DEPARTMENT:City Managers Office CM/ ACM:Bryan Langley Date:September 9, 2014 SUBJECT Considernominations/appointmentstotheCitysBoardsandCommissions:AnimalShelterAdvisory Committee;Health&BuildingStandardsCommission;HumanServicesAdvisoryCommittee;LibraryBoard; Parks,RecreationandBeautificationBoard;PublicArtCommittee;PublicUtilitiesBoard;andTrafficSafety Commission. BACKGROUND AttachedarethevacanciesforBoardsandCommissionsthatrequirenominations.Nominationscouldbemade andvotedonatthismeetingshouldtheCouncildesire.Approvalwouldbecontingentoncompletionofthe confirmation process. If you require any further information, please let me know. Respectfully submitted: Jennifer Walters City Secretary Exhibits Exhibit 1 - Nominations Sheet City of DentonPage 1 of 1Printed on 9/5/2014 powered by Legistar" BOARDANDCOMMISSIONNOMINATIONS BoardCouncilMemberNomination R Ï Reappointment N Ï New Nomination City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0482,Version:1 Agenda Information Sheet DEPARTMENT:Economic Development CM/ ACM:John Cabrales, Jr. Date:September 9, 2014 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas a Tax Increment Reinvestment Zone Number Three ( Convention Center other matters related thereto; and providing an effective date. BACKGROUND TheProposedHotelandConventionCenterProject(ProposedProject)isacollaborativeprojectbetweenthe CityofDenton(theCity),OReillyHospitalityManagement(theDeveloper),andtheUniversityofNorth Texas(UNT).TheProposedProjectinvolvestheDeveloperprivatelyfundingtheconstructionofafull-service hotelwithapproximately318guestroomsandanadjoiningrestaurant;andtheCitypubliclyfundingthe constructionofanadjoiningConventionCenterwithacurrentestimatedsizerangeof65,000-97,000square feet.ThepurposeoftheConventionCenteristoattractout-of-townbusinessandgenerateeconomicactivity throughout a city. OnDecember10,2013,theCityCouncilapprovedaMasterDevelopmentAgreementbetweentheCityof Denton, OReilly Hospitality Management, and the University of N TheapprovaloftheMasterDevelopmentAgreement(MDA)triggeredaFeasibilityPeriodduringwhichthe CityandtheDeveloperwouldaccomplishseveralkeytasksnecessarytodeterminethefinancialfeasibilityof theProposedHotelandConventionCenterProject.TheFeasibilityPeriodincludesthecompletionofthe following steps: Completion of design development architectural drawings (complet Solicitation of construction bids (complete) Creation of a Tax Increment Reinvestment Zone for the Proposed P participation level from other taxing jurisdictions (in progress Each of the above steps is a necessary prerequisite in order for enough information to make an informed determination as to the f the Master Development Agreement, the City has pledged all direc the debt service on the construction of the Convention Center. T City of DentonPage 1 of 4Printed on 9/5/2014 powered by Legistar" File #:ID 14-0482,Version:1 revenue on the taxable portion (hotel and restaurant), hotel occ beverage tax revenue (restaurant). Any remaining gap between t generated from the Proposed Project will be due from the Develop 1). Figure 1: Revenue Sources to Service Debt on Convention Center C ATaxIncrementReinvestmentZone(TIRZ)isatoolusedtofundpublicandotherimprovementsinadefined areainordertostimulateprivatedevelopmentandredevelopment.Anadvalorembaseisestablishedinthe firstyearandtherevenuefromtheincreasedvaluationfromsubsequentyearsisreallocatedtoTIRZ development.ThisfinancingmechanismisutilizedtocapturethepropertytaxrevenuefortheProposed Project(whichhasalreadybeenpledgedtothedebtservicefortheConventionCenter)andtogiveothertaxing jurisdictionstheopportunitytoparticipateandhelpfundasmallportionoftheProposedConventionCenter. DeterminingparticipationratesofDentonCountyandtheDentonIndependentSchoolDistrictwillhelpthe DeveloperandtheCityCouncilunderstandallavailablerevenuesourcesforthedebtserviceontheConvention Center,whichwillfurtherdetermineoverallprojectfeasibility.Iftheprojectisnotdeemedfeasiblebyall entitiesduetoanynumberofreasons,theConventionCenterTIRZwouldbedissolvedbyfutureactionofthe City Council. OnJune17,2014,theCityCouncilofDenton,TexaspassedOrdinanceNo.2014-191,whichestablishedTax IncrementReinvestmentZoneNumberThree(ConventionCenterTIRZ)asauthorizedbyChapter311ofthe TexasTaxCode;andestablishedaPreliminaryProjectandFinancingPlanfortheConventionCenterTIRZ that is required by section 311.011 of the Texas Tax Code. TIRZProjectandFinancingPlansareadescriptionandgeneralscopeoftheprojectsthatcanbefundedbythe TIRZFund.Theproject(s)canrangefromamasterplannedmixedusedevelopment,municipalcomplex, industrialparkortoprovideforredevelopmentprojectsinthedowntowncore.Theseprojectsidentifiedinthe plancanprovidegeneralprojectcategoriesoroutlineaspecificproject.ThefirsttwozonesthatDenton createdlistedgeneralprojectcategories.TIRZOne(Downtown)providedforparking,completestreets, drainageandsupportingdowntownprojects.TIRZTwo(Westpark)identifiedstreet,utilitiesandindustrial projects. City of DentonPage 2 of 4Printed on 9/5/2014 powered by Legistar" File #:ID 14-0482,Version:1 TIRZNumberThreewascreatedasamechanismtocapturethetaxincrementgrowthinordertofacilitatethe developmentofasingledevelopmentproject.Thisprojectinvolvestheconstructionofafull-servicehoteland conventioncenter.TheTIRZrevenue,fromanyorallofthethreetaxingentitiesthatchoosetoparticipate, wouldbededicatedtothedebtservicefortheConventionCenterportionoftheproject.TheTIRZProjectand FinancingPlandoesnotdefineorlimitthescopeoftheProposedHotelandConventionCenterProject.Itonly definestheeligibleexpendituresfromtheTIRZFunditself,asoneportionoftheoverallProposedHoteland ConventionCenterProject.TheTIRZProjectandFinancingPlanestimatesthatthemaximumamountof revenuetobegeneratedwithintheTIRZFundwouldbe$13,673,693.Thisamountisanestimatebasedonthe assumptionthatallthreetaxingjurisdictionswillparticipate-theCityat100%,andtheCountyandSchool Districtat75%each.ShouldtheCountyorSchoolDistrictelectnottoparticipateortoparticipateatalower rate,therevenuegeneratedwouldbeless.Regardlessofparticipationrates,allTIRZRevenuewouldbe dedicatedtothedebtserviceoftheConventionCenter.TheTIRZProjectandFinancingPlansimplyestimates theTIRZRevenueanddefineseligibleexpendituresfromthatrevenuesource.Itisnotintendedtodefineor limit the total project scope or total cost to construct the Con TheCityCouncilreviewedtheProjectandFinancingPlanattheAugust19,2014meetingandprovidedstaff withdirectiontoclarifythescopeoftheConventionCenterandtobetterdistinguishbetweentheTIRZProject PlanandFinancingPlanandtheoverallprojectscopeandbudget.Thetotalcostfortheconstructionand ultimate project feasibility will be determined separately from OnAugust12,2014theBoardofDirectorsofTIRZThreerecommendedapprovalofthePreliminaryProject andFinancingPlan,withanamendment.TheamendmenttothePreliminaryProjectPlanallowsforan alternative scenario if either the County or the School District ESTIMATED SCHEDULE FOR PROJECT Thefollowingtablesummarizestheprojectrelateddecisionsandstepsthatmustoccurduringthefeasibility periodpriortothecompletionofthefinaldesignandinitiationofconstruction.Pleasenotethatthesestepsare not necessarily sequential and may overlap each other at times. StatusStep CompleteApprove Master Development Agreement CompleteApproval of design development drawings In ProgressApproval of guaranteed max price construction contract In ProgressFinalize convention center development budget and determine over affordability OHPD to provide hotel funding commitment OHPD to provide franchise commitment In ProgressInitiate creation of TIRZ and determine possible participation b governmental entities City and OHPD evaluates favorability of market conditions City initiates the sale of bonds to fund construction of the con City issues debt City of DentonPage 3 of 4Printed on 9/5/2014 powered by Legistar" File #:ID 14-0482,Version:1 ThedurationofTIRZThreeis30years,oratanearliertimedesignatedbysubsequentOrdinanceoftheCity CouncilintheeventthattheCitydeterminesthattheZoneshouldbeterminatedduetoinsufficientprivate investment or other good cause. PRIOR ACTION/REVIEW (Council, Boards, Commissions) TheConventionCenterTIRZBoardreviewedtheProjectandFinancingPlanandrecommendedapproval(7- 0). FISCAL INFORMATION 2013certifiedbasevalueofTIRZThree,accordingtotheDentonCentralAppraisalDistrict(DCAD),is$0.00 (taxexempt).ItisestimatedthattheTIRZwouldgenerateapproximately$13,673,693overthelifeofthe TIRZ.TheCity,CountyandDISDwouldcontributeanestimated$7,420,856,$2,298,992and$3,953,845into theTIRZfund,respectively.TheCountyandDISDarestillconsideringparticipationsothetotalamount generated may vary depending on final participation decisions. EXHIBITS NOTE: THE PROJECT PLAN AND FINANCE PLAN ARE TOO LARGE OF A FILE DIRECTLY AS AN EXHIBIT. HOWEVER, A DIGITAL VERSION CAN BE ACCESS BELOW. HARD COPIES WILL BE DISTRIBUTED TO THE CITY COUNCIL. City of Denton, TIRZ 3 Project & Financing Plan v.16 -<https://dpedllc.box.com/s/u27jqz6xgljvprqndr8s> Exhibit 1 - Project and Finance Plan Ordinance Exhibit 2 -Project Plan and Finance Plan (will be forwarded as a Exhibit 3 - Ordinance 2014-191 Respectfully submitted: Aimee Bissett Economic Development Director City of DentonPage 4 of 4Printed on 9/5/2014 powered by Legistar" s:\legal\our documents\ordinances\14\tirz #3 final pfp ordinance_v_9 3 14.docx ORDINANCE NO. __________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS. APPROVING THE PROJECT AND FINANCING PLAN FOR TAX INCREMENT REINVESTMENT ZONE NUMBER THREE ; MAKING CERTAIN FINDINGS AND OTHER MATTERS RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE. th WHEREAS, on the 17 day of June 2014, the City Council of Denton, Texas (the established the Tax Increment Reinvestment Zone Number Three (Convention Center TIRZ) (the pursuant to Ordinance No. 2014-191, adopted by the City Council of the City of Denton, Texas; and WHEREAS, the approval of the Project and Financing Plan is a requirement under the statute in order to establish the Tax Increment Reinvestment Zone Number Three, approval of such plan does not constitute approval of the convention center project as a whole; and WHEREAS, as authorized by section 311.010 of the act on August 12, 2014 the board of directors of the Zone voted to approve the project and financing plan, which is attached hereto and recommended the Project and Financing Plan be approved by the City Council; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council of the City of Denton, Texas, hereby approves said Project and Financing Plan for the Convention Center TIRZ, which is attached and made part by reference herein. SECTION 2. If any portion, section or part of a section of this Ordinance is subsequently declared invalid, inoperative or void for any reason by a court of competent jurisdiction, the remaining portions, sections or parts of sections of this Ordinance shall be and remain in full force and effect and shall not in any way be impaired or affected by such decision, opinion or judgment. SECTION 3. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _________ day of ___________________, 2014. __________________________________ CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: __________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY ________________ BY: _________________ City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0462,Version:1 Agenda Information Sheet DEPARTMENT:Finance ACM:Bryan Langley Date:September 9, 2014 SUBJECT ConsiderapprovalofaresolutionvotingforamembertotheBoardofManagersoftheDencoArea9-1-1 District; and declaring an effective date. BACKGROUND TheDencoArea9-1-1Districtwascreatedin1987,andisgovernedbyaboardofmanagersappointedbythe County,participatingcities,andtheDentonCountyFireChief'sAssociation.Eachyear,thetermofoneofthe twomembersappointedbyparticipatingmunicipalitiesexpires.Thisyear,thetermofHarlanJeffersonexpires September30,2014.Mr.Jeffersonhasexpressedhisdesirenottoserveanotherterm.Boardmembersservein two-yearstaggeredtermsandareeligibleforreappointment.Fournominationsforthevacantpositionwere receivedfromareacities.ThefournomineesareJimCarter,DrewCorn,TomNewellandConnieWhite.The resumes of the nominees are attached to this report along with a DencorequestseachcityvoteforoneofthenomineesandadvisethemofitsselectionpriortoSeptember15, 2014.ThenomineewiththemostvoteswillbethemunicipalitiesrepresentativetotheDencoArea9-1-1 District Board of Managers for the two-year term beginning Octob TheCitysPoliceDepartmentwasgiventhelistofnominatedcandidates,sincetheyworkcloselywiththe DencoArea9-1-1District.TheyaresupportiveofDrewCornforthisvacantboardposition.Thisitemhad beenplacedonindividualconsiderationsothattheCityCouncilcanvoteonamemberfortheDenco911 District Board of Managers. EXHIBITS 1.Nominee memorandum from Denco Area 9-1-1 District and resumes of 2.Resolution Respectfully submitted: Chuck Springer, 349-8260 Director of Finance City of DentonPage 1 of 1Printed on 9/5/2014 powered by Legistar" City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0475,Version:1 Agenda Information Sheet DEPARTMENT:Finance CM/ ACM:Bryan Langley Date:September 9, 2014 SUBJECT Holdasecondpublichearingonaproposaltoadoptataxrateof$0.689750per$100valuation,whichwill exceed the lower of the rollback rate or the effective rate. BACKGROUND TheTexasConstitutionandTexasPropertyTaxCoderequiretaxingunitstocomplywithspecificguidelinesin adoptingtaxrates.Theguidelinesarerelatedtoaconceptknownastruth-in-taxation.Thisconceptisawayto maketaxpayersawareoftaxrateproposalsandallowtaxpayersincertaincircumstances,torollbackorlimita tax increase. Thetruth-in-taxationguidelinesrequiretaxingentitiestocalculateandpublishtheireffectiveandrollbacktax rates.Theeffectiverateisthecalculatedratethatwouldprovidethetaxingunitapproximatelythesameamount ofrevenueitreceivedinthepreviousyearonpropertiestaxedinbothyears.Thisrateexcludestaxeson propertiesnolongerinthetaxingunitandalsoexcludesanygrowthduetonewpropertyvalues.TheCityof Dentons 2014 effective rate is $0.639997/$100 valuation. Therollbackratedividesthetotalpropertytaxrevenueintosupportformaintenanceandoperations(M&O) taxesanddebtservicetaxes.Itprovidesapproximatelythesameamountofrevenueasinthepreviousyearfor maintenanceandoperationsexpenses,plusanextraeightpercent,plusthenecessarydebtservicetaxrate.Ifa taxingunitadoptsataxratehigherthantherollbackrate,thevotershavetheoptiontopetitionforanelectionto limit the size of the tax increase. The City of Dentons 2014 ro The City Managers FY 2014-15 Proposed Annual Program of Service per $100 of valuation, and this rate is $0.049753 above the effe Dentons proposed tax rate is recommended to remain unchanged. N 2014-15. However, because the City of Dentons proposed tax rate hearings are required to take place prior to the budget adoption the Notice of Proposed Tax Rate in the Friday, August 8, 2014, i Denton Record Chronicle. In addition to the newspaper publications, the notice will be poste <http://www.cityofdenton.com> and the public access channel. City of DentonPage 1 of 2Printed on 9/5/2014 powered by Legistar" File #:ID 14-0475,Version:1 PRIOR ACTION/REVIEW (Council, Boards, Commissions) OnJuly25,2014,theCityManagersFY2014-15ProposedAnnualProgramofServiceswasprovided to the City Council. OnJuly31,2014,theCityCouncilwasprovidedwithdetailedinformationregardingtheproposed FY 2014-15 Proposed Annual Program of Services, including the pr OnAugust5,2014,theCityCouncildiscussedtheproposedbudgetandvotedtoplaceaproposalonthe September 16, 2014, City Council agenda to approve a tax rate ab On August 12, 2014, the City Council discussed the proposed budg OnAugust19,2014,theCityCouncildiscussedtheproposedbudgetandheldtwopublichearingsone on the proposed budget and a second on the proposed tax rate. FISCAL INFORMATION In the FY 2014-15 Proposed Budget, a tax rate of $0.689750 per $ EXHIBITS 1.Notice of Proposed Tax Rate Respectfully submitted: Chuck Springer, 349-8260 Director of Finance Prepared by: Nancy Towle Budget Manager City of DentonPage 2 of 2Printed on 9/5/2014 powered by Legistar" Exhibit 1 NOTICE OF 2014 TAX YEAR PROPOSED PROPERTY TAX RATE FOR CITY OF DENTON A tax rate of $0.689750 per $100 valuation has been proposed for adoption by the governing body of the City of Denton. This tax rate exceeds the lower of the effective or rollback tax rate, and state law requires that two public hearings be held by the governing body before adopting the proposed tax rate. PROPOSED TAX RATE $0.689750 per $100 X RATE $0.689750 per $100 EFFECTIVE TAX RATE $0.639997 per $100 ROLLBACK TAX RATE $0.696756 per $100 The effective tax rate is the total tax rate needed to raise the same amount of property tax revenue for the City of Denton from the same properties in both the 2013 tax year and the 2014 tax year. The rollback tax rate is the highest tax rate the City of Denton may adopt before voters are entitled to petition for an election to limit the rate that may be approved to the rollback rate. YOUR TAXES OWED UNDER ANY OF THE ABOVE RATES CAN BE CALCULATED AS FOLLOWS: property tax amount = ( rate ) x ( taxable value of your property ) / 100 For assistance or detailed information about tax calculations, please contact: Michelle French Denton County Tax Assessor-Collector 1505 E. McKinney Street, Denton, TX, 76209 940-349-3500 Property.Tax@dentoncounty.com http://tax.dentoncounty.com You are urged to attend and express your views at the following public hearings on the proposed tax rate: First Hearing: 6:30 p.m. on August 19, 2014 at City Hall, 215 E. McKinney St., Denton, TX, 76201 Second Hearing: 6:30 p.m. on September 9, 2014at City Hall, 215 E. McKinney St., Denton, TX, 76201 City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:SI14-0005,Version:1 Agenda Information Sheet DEPARTMENT:Planning and Development CM/ ACM:John Cabrales, Jr. Date:September 9, 2014 SUBJECT HoldapublichearingandconsideradoptionofanordinanceamendingOrdinanceNo.2014-137,asamended byOrdinanceNo.2014-192,toextendforanadditional45days,orsuchotherreasonabledate,themoratorium ontheacceptance,processingandapprovalofcertainapplicationsforgaswellpermitswithinthecorporate limitsoftheCityofDenton,Texas,andonapplicationsforspecificusepermits,siteplans,developmentplans ofanynatureortype,includingapplicationsforamendmentstoapprovedorpendinggaswelldevelopment plats,andonapplicationsforFireCodeoperationalpermits,astheyrelatetogaswelldrillingandproduction activities,subjecttocertainexemptions;clarifyingtheexemptionstothemoratorium;providingavariance procedure; providing a cumulative clause; providing a severabili BACKGROUND OnMay6,2014,theCityCounciladoptedCityOrdinanceNo.2014-137declaringamoratoriumonthe acceptance,processing,andapprovalofcertainapplicationsforgaswellpermits,specificusepermits(SUP), siteplans,developmentplans,oramendmentsastheyrelatetogaswelldrillingandproductionactivitieswithin thecorporatecitylimits.OnJune17,2014,CityCounciladoptedCityOrdinanceNo.2014-192amending OrdinanceNo.2014-137.Thereasonfortheamendmentordinancewastorevisethemoratoriumexemptions andvarianceproceduresandmakeminorclarificationchanges.Thoserevisionsclarifiedwhichapplications were subject to the moratorium and outlined the new process for PerbothCityOrdinanceNo.2014-137andCityOrdinanceNo.2014-192,themoratoriumremainsineffect untilmidnightSeptember9,2014.ThisrequestforSI14-0005ismadetoconsideranextensionofthe moratoriumforanadditional45days,orsuchotherreasonabledate.A45-dayextensionwouldcontinuethe moratorium until October 24, 2014. Inadditiontotheextension,theamendedordinanceproposesthreeminorrevisions.Thefirstrevisionmodifies Paragraph b ofSection3toclarifythatgaswellpermitsmustbesubjecttoagaswelldevelopmentsiteplan approvedinaccordancewithOrdinanceNos.2013-014and2013-304.Thepreviouslanguageonlyrequiredsite plan approval after January 15, 2013, and did not specify the ap ThesecondrevisionaddstheburningofgasesviaopenflametoParagraph d ofSection3.Therevised City of DentonPage 1 of 3Printed on 9/5/2014 powered by Legistar" File #:SI14-0005,Version:1 paragraphclarifiesthatbothannualinspectionpermitsandopenflamepermitsissuedpursuittotheFireCode are exempt from the moratorium. Thefinalrevisionclarifiestheapplicableordinanceregulationsforapplicationstovacateall,oraportionof, landareaswithingaswelldevelopmentplatsinParagraph e ofSection3.Thecurrentlanguageprovidesa dateofAugust17,2010,andtheproposedrevisionidentifiesthedateaspriortotheadoptionofOrdinance Nos. 2010-181 and 2010-196. ThemoratoriumestablishedbyOrdinanceNo.2014-137,asamendedbyOrdinanceNo.2014-192,isotherwise unalteredwiththisrequest.Allothersectionsofbothordinancesremainineffect.TheproposedOrdinance shallbecumulativeofallprovisionsoftheordinancesoftheCityofDenton,Texas,asamended,exceptwhere theprovisionsofthisOrdinanceareindirectconflictwiththeprovisionsofsuchordinances,inwhicheventthe termsofthisOrdinance,duringitseffectiveness,shallprevailoveranyotherconflictingordinancesor provisions thereof. OPTIONS 1.Approve as submitted. 2.Approve subject to conditions. 3.Deny. 4.Postpone. 5.Table. RECOMMENDATION Staffrecommends APPROVAL oftherequesttoamendandextendOrdinanceNo.2014-137,asamendedby Ordinance No. 2014-192. PRIOR ACTION/REVIEW (Council, Boards, Commissions) 1.May6,2014,theCityCouncilpassedandapprovedCityOrdinanceNo.2014-137declaringthe moratorium. 2.June17,2014,theCityCouncilpassedandapprovedCityOrdinanceNo.2014-192amendedOrdinance No. 2014-137. 3.August27,2014,thePlanningandZoningCommissionheldapublichearingandvoted6-1-0to recommend approval of SI14-0005. EXHIBITS 1.Redlined Ordinance 2.Draft Ordinance Respectfully submitted: City of DentonPage 2 of 3Printed on 9/5/2014 powered by Legistar" File #:SI14-0005,Version:1 Brian Lockley, AICP, CPM Director, Planning and Development Department Prepared by: Darren Groth, AICP, CPM, REP Manager, Gas Well Inspections Division City of DentonPage 3 of 3Printed on 9/5/2014 powered by Legistar" Exhibit 1 Redlined Ordinance ORDINANCE NO. _____ AN ORDINANCE AMENDING ORDINANCE NO. 2014-137, AS AMENDED BY ORDINANCE NO. 2014-192, TO EXTEND FOR AN ADDITIONAL 45 DAYS, OR SUCH OTHER REASONABLE DATE, THE MORATORIUM ON THE ACCEPTANCE, PROCESSING AND APPROVAL OF CERTAIN APPLICATIONS FOR GAS WELL PERMITS WITHIN THE CORPORATE LIMITS OF THE CITY OF DENTON, TEXAS, AND ON APPLICATIONS FOR SPECIFIC USE PERMITS, SITE PLANS, DEVELOPMENT PLANS OF ANY NATURE OR TYPE, INCLUDING APPLICATIONS FOR AMENDMENTS TO APPROVED OR PENDING GAS WELL DEVELOPMENT PLATS, AND ON APPLICATIONS FOR FIRE CODE OPERATIONAL PERMITS, AS THEY RELATE TO GAS WELL DRILLING AND PRODUCTION ACTIVITIES, SUBJECT TO CERTAIN EXEMPTIONS; CLARIFYING THE EXEMPTIONS TO THE MORATORIUM; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton, Texas adopted Ordinance No. 2014- 137 (the “Moratorium Ordinance”) on May 6, 2014, the terms of which are incorporated by reference, which Moratorium Ordinance imposed until midnight of September 9, 2014, unless earlier terminated by the City Council, a moratorium on the receipt, processing and approval of certain applications seeking authorization for gas well drilling and production activities, as prescribed therein, within the corporate limits of the City of Denton, Texas; and WHEREAS, the City Council amended the Moratorium Ordinance on June 17, 2014 by adopting Ordinance No. 2014-192, to clarify certain exemptions contained in the Moratorium Ordinance, specifically by revising existing exemptions and by adding additional exemptions; and WHEREAS, the Moratorium Ordinance was adopted to address significant and compelling environmental and land use compatibility concerns associated with gas well drilling activities occurring in close proximity to residential and other protected uses that have resulted in negative and deleterious effects on Denton citizens; and WHEREAS, as set forth in the Moratorium Ordinance, the City is reviewing its municipal ordinances and regulations to provide for a fair and equitable system of regulations relating to gas well drilling and production activities so as to protect the property interests of mineral estate owners while protecting the rights, opportunities and property interests of surface estate owners and citizens of the City of Denton, Texas; and WHEREAS, the City anticipates that a draft of an ordinance enacting additional regulations relating to gas well drilling and production activities and the procedures related thereto will be forthcoming in the immediate future, however additional time beyond September 9, 2014 is necessary to complete a draft of an ordinance and to present it before the Planning and Zoning Commission and the City Council; and \\codad\users\1443170\desktop\exhibit 1 - redlined ordinance.docx WHEREAS, in addition to extending the Moratorium Ordinance, the exemptions listed in Section 3 of the Moratorium Ordinance need clarification to address ambiguities concerning the text of certain exemptions; and WHEREAS, the Planning & Zoning Commission held a public hearing on August 27, 2014, and upon conclusion of said hearing, the Planning & Zoning Commission recommended that the Moratorium Ordinance be extended beyond September 9, 2014 and that the Moratorium Ordinance’s exemptions be further clarified by amendment; and WHEREAS, the City Council held a public hearing on September 9, 2014, and upon conclusion of said hearing, the City Council finds and has determined that additional time is required to allow for public review of the draft regulations before the Planning and Zoning Commission and the City Council; and WHEREAS, the City Council further finds that it is in the best interest of the City and the public to extend the moratorium to a date certain in order to allow for the completion of regulatory changes to the City’s ordinances governing gas well drilling and production activities and the procedures related thereto; and WHEREAS, the City Council additionally finds and has determined that it is in the best interests of the City to clarify the exemption provisions and to resolve any ambiguities presented in the Moratorium Ordinance regarding such exemptions by amending same; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. All of the above recitals are hereby found to be true and correct factual and legislative determinations of the City of Denton, Texas and are hereby approved and incorporated by reference as though fully set forth herein. SECTION 2. Section 3 of Ordinance No. 2014-192, which ordinance amended Ordinance No. 2014-137, is hereby amended to read in its entirety as follows: SECTION 3. The following applications are exempt from the moratorium: a.Applications for Fire Code operational permits relating to gas well drilling and production activities, which are subject to and consistent with an approved gas well permit issued pursuant to DDC Subchapter 22, as amended Deleted: C by Ordinance Nos. 2013-014 and 2013-304; Deleted: and b.Applications for gas well permits, which are subject to and consistent with a gas well development site plan approved pursuant to DDC Subchapter 22, as amended by Ordinance Nos. 2013-014 and 2013-304; and Deleted: after January 15, 2013 c.Applications that are in sequence with the applications described in subsections (a) or (b); Page 2 \\codad\users\1443170\desktop\exhibit 1 - redlined ordinance.docx d.Applications for Fire Code operational permits as they relate to annual inspections,or the burning of gases via open flame, of those gas wells currently in production; e.Applications to vacate all, or a portion of, land areas within gas well development plats approved pursuant to the gas well drilling and production Deleted: before August 17, 2010 regulations in effect prior to the adoption of Ordinance Nos. 2010-181 and 2010-196; or Deleted: and f.Applications for permits relating to the drilling of wells, which do not require hydraulic fracturing, in conjunction with the injection or storage of natural gas as personal property beneath the surface of the earth. SECTION 3. The moratorium established by Ordinance No. 2014-137, as amended by 2014-192, is hereby further extended until midnight of October 24, 2014 under the terms as herein amended, unless earlier terminated by ordinance of the City Council implementing amendments to the City’s ordinances governing gas well drilling and production activities and the procedures related thereto. SECTION 4. This Ordinance shall be cumulative of all provisions of the ordinances of the City of Denton, Texas, as amended, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances, in which event the terms of this Ordinance, during its effectiveness, shall prevail over any other conflicting ordinances or provisions thereof. SECTION 5. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared void, ineffective or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such voidness, ineffectiveness or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation herein of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6. This Ordinance shall take effect upon its passage and shall remain in effect until midnight October 24, 2014, unless earlier terminated by ordinance of City Council. PASSED AND APPROVED this ______ day of ________________, 2014. __________________________________ CHRIS WATTS, MAYOR ATTEST: Page 3 \\codad\users\1443170\desktop\exhibit 1 - redlined ordinance.docx JENNIFER WALTERS, CITY SECRETARY BY: __________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: __________________________________ Page 4 Exhibit 2 Draft Ordinance ORDINANCE NO. _____ AN ORDINANCE AMENDING ORDINANCE NO. 2014-137, AS AMENDED BY ORDINANCE NO. 2014-192, TO EXTEND FOR AN ADDITIONAL 45 DAYS, OR SUCH OTHER REASONABLE DATE, THE MORATORIUM ON THE ACCEPTANCE, PROCESSING AND APPROVAL OF CERTAIN APPLICATIONS FOR GAS WELL PERMITS WITHIN THE CORPORATE LIMITS OF THE CITY OF DENTON, TEXAS, AND ON APPLICATIONS FOR SPECIFIC USE PERMITS, SITE PLANS, DEVELOPMENT PLANS OF ANY NATURE OR TYPE, INCLUDING APPLICATIONS FOR AMENDMENTS TO APPROVED OR PENDING GAS WELL DEVELOPMENT PLATS, AND ON APPLICATIONS FOR FIRE CODE OPERATIONAL PERMITS, AS THEY RELATE TO GAS WELL DRILLING AND PRODUCTION ACTIVITIES, SUBJECT TO CERTAIN EXEMPTIONS; CLARIFYING THE EXEMPTIONS TO THE MORATORIUM; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton, Texas adopted Ordinance No. 2014- 137 (the “Moratorium Ordinance”) on May 6, 2014, the terms of which are incorporated by reference, which Moratorium Ordinance imposed until midnight of September 9, 2014, unless earlier terminated by the City Council, a moratorium on the receipt, processing and approval of certain applications seeking authorization for gas well drilling and production activities, as prescribed therein, within the corporate limits of the City of Denton, Texas; and WHEREAS, the City Council amended the Moratorium Ordinance on June 17, 2014 by adopting Ordinance No. 2014-192, to clarify certain exemptions contained in the Moratorium Ordinance, specifically by revising existing exemptions and by adding additional exemptions; and WHEREAS, the Moratorium Ordinance was adopted to address significant and compelling environmental and land use compatibility concerns associated with gas well drilling activities occurring in close proximity to residential and other protected uses that have resulted in negative and deleterious effects on Denton citizens; and WHEREAS, as set forth in the Moratorium Ordinance, the City is reviewing its municipal ordinances and regulations to provide for a fair and equitable system of regulations relating to gas well drilling and production activities so as to protect the property interests of mineral estate owners while protecting the rights, opportunities and property interests of surface estate owners and citizens of the City of Denton, Texas; and WHEREAS, the City anticipates that a draft of an ordinance enacting additional regulations relating to gas well drilling and production activities and the procedures related thereto will be forthcoming in the immediate future, however additional time beyond September 9, 2014 is necessary to complete a draft of an ordinance and to present it before the Planning and Zoning Commission and the City Council; and \\codad\users\1443170\desktop\exhibit 2 - draft ordinance.docx WHEREAS, in addition to extending the Moratorium Ordinance, the exemptions listed in Section 3 of the Moratorium Ordinance need clarification to address ambiguities concerning the text of certain exemptions; and WHEREAS, the Planning & Zoning Commission held a public hearing on August 27, 2014, and upon conclusion of said hearing, the Planning & Zoning Commission recommended that the Moratorium Ordinance be extended beyond September 9, 2014 and that the Moratorium Ordinance’s exemptions be further clarified by amendment; and WHEREAS, the City Council held a public hearing on September 9, 2014, and upon conclusion of said hearing, the City Council finds and has determined that additional time is required to allow for public review of the draft regulations before the Planning and Zoning Commission and the City Council; and WHEREAS, the City Council further finds that it is in the best interest of the City and the public to extend the moratorium to a date certain in order to allow for the completion of regulatory changes to the City’s ordinances governing gas well drilling and production activities and the procedures related thereto; and WHEREAS, the City Council additionally finds and has determined that it is in the best interests of the City to clarify the exemption provisions and to resolve any ambiguities presented in the Moratorium Ordinance regarding such exemptions by amending same; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. All of the above recitals are hereby found to be true and correct factual and legislative determinations of the City of Denton, Texas and are hereby approved and incorporated by reference as though fully set forth herein. SECTION 2. Section 3 of Ordinance No. 2014-192, which ordinance amended Ordinance No. 2014-137, is hereby amended to read in its entirety as follows: SECTION 3. The following applications are exempt from the moratorium: a.Applications for Fire Code operational permits relating to gas well drilling and production activities, which are subject to and consistent with an approved gas well permit issued pursuant to DDC Subchapter 22, as amended by Ordinance Nos. 2013-014 and 2013-304; b.Applications for gas well permits, which are subject to and consistent with a gas well development site plan approved pursuant to DDC Subchapter 22, as amended by Ordinance Nos. 2013-014 and 2013-304; and c.Applications that are in sequence with the applications described in subsections (a) or (b); Page 2 \\codad\users\1443170\desktop\exhibit 2 - draft ordinance.docx d.Applications for Fire Code operational permits as they relate to annual inspections, or the burning of gases via open flame, of those gas wells currently in production; e.Applications to vacate all, or a portion of, land areas within gas well development plats approved pursuant to the gas well drilling and production regulations in effect prior to the adoption of Ordinance Nos. 2010-181 and 2010-196; or f.Applications for permits relating to the drilling of wells, which do not require hydraulic fracturing, in conjunction with the injection or storage of natural gas as personal property beneath the surface of the earth. SECTION 3. The moratorium established by Ordinance No. 2014-137, as amended by 2014-192, is hereby further extended until midnight of October 24, 2014 under the terms as herein amended, unless earlier terminated by ordinance of the City Council implementing amendments to the City’s ordinances governing gas well drilling and production activities and the procedures related thereto. SECTION 4. This Ordinance shall be cumulative of all provisions of the ordinances of the City of Denton, Texas, as amended, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances, in which event the terms of this Ordinance, during its effectiveness, shall prevail over any other conflicting ordinances or provisions thereof. SECTION 5. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared void, ineffective or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such voidness, ineffectiveness or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation herein of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6. This Ordinance shall take effect upon its passage and shall remain in effect until midnight October 24, 2014, unless earlier terminated by ordinance of City Council. PASSED AND APPROVED this ______ day of ________________, 2014. __________________________________ CHRIS WATTS, MAYOR ATTEST: Page 3 \\codad\users\1443170\desktop\exhibit 2 - draft ordinance.docx JENNIFER WALTERS, CITY SECRETARY BY: __________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: __________________________________ Page 4