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2016-06-07 Agenda with backup
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McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-641,Version:1 Agenda Information Sheet DEPARTMENT:City Manager’s Office CM/ ACM:George C. Campbell, City Manager Date:June 7, 2016 SUBJECT Receive a report, hold a discussion, and give staff direction regarding the study and analysis by Brattle Group, Inc. of the Renewable Denton Plan and activities related to the future power supply for Denton. BACKGROUND In response to City Council direction for increased renewables while maintaining competitive rates and financial and physical reliability, DME proposed the Renewable Denton Plan in October 2015. The Renewable Denton Plan increases renewable energy portfolio to 70%; provides for rate decreases beginning in 2020; reduces portfolio emissions by 75%; builds two energy centers with quick start gas generation units. In addition to public presentations to the City Council and the Public Utilities board, DME held two open house meetings on October 19 and 27, 2015; a public hearing on the Renewable Denton Plan on December 15, 2015, and a public question and answer session on January 23, 2016. On March 22, 2016, the Council approved a contract with Brattle Group to perform the following scope of work: o Review Renewable Denton Plan o Review other options considered by DME to serve load with an increasingly renewable portfolio Determine what alternatives should be considered that would meet the Council direction o regarding renewables, rates, and reliability. o Report findings to the Denton City Council The City received several questions from the public and from members of the City Council for consideration of the Brattle Group within the existing scope of work. Those questions or comments were forwarded to the consultant for consideration as they conducted their analysis. The Brattle Group has completed the scope of work and will present findings to the City Council on June 7, 2016. The executive summary attached as exhibit has been made available to the public and media; and a final report will be available to the public. PRIOR ACTION/REVIEW City of DentonPage 1 of 3Printed on 6/3/2016 powered by Legistar© File #:ID 16-641,Version:1 Public Utilities Board February 24, 2014 - Generation Briefing March 24, 2014 - TMPA 2018 Plan April 14, 2014 - TMPA 2018 Plan June 2, 2014 - Generation Briefing (Joint Session) December 8, 2014 - Future Power Supply Options Briefing January 12, 2015 - Power Supply Strategy Briefing May 4, 2015 - Power Supply Strategy Briefing August 10, 2015 - Power Supply Briefing: Status Update & Financing August 10, 2015 - Project Communication Plan Briefing December 14, 2015 - Public Hearing on Renewable Denton Plan February 1, 2016 - Discussion of Renewable Denton Plan (Joint Session) City Council April 1, 2014 - Generation Briefing April 1, 2014 - TMPA 2018 Plan May 6, 2014 - TMPA 2018 Plan June 2, 2014 - Generation Briefing (Joint Session) January 1, 2015 - Future Power Supply Options Briefing January 13, 2015 - Power Supply Strategy Briefing May 5, 2015 - Power Supply Strategy Briefing August 25, 2015 - Power Supply Briefing: Status Update & Financing August 25, 2015 - Project Communication Plan Briefing November 10, 2015 - Discussion of Renewable Denton Plan December 1, 2015 - Discussion of Renewable Denton Plan December 15, 2015 - Public Hearing on Renewable Denton Plan January 5, 2016 - Discussion of Renewable Denton Plan January 26, 2016 - Discussion of Renewable Denton Plan February 1, 2016 - Discussion of Renewable Denton Plan (Joint Session) February 16, 2016 - Discussion of Renewable Denton Plan March 22, 2016 - Award of contract to Brattle Group, Inc. Public Meetings/Open Houses October 6, 2015 - Press Conference October 19, 2015 - Open House October 27, 2015 - Open House January 23, 2016 - Question & Answer Session STRATEGIC PLAN RELATIONSHIP TheCityofDenton’sStrategicPlanisanaction-orientedroadmapthatwillhelptheCityachieveitsvision. Thefoundationfortheplanisthefivelong-termKeyFocusAreas(KFA):OrganizationalExcellence;Public Infrastructure;EconomicDevelopment;Safe,Livable,andFamily-FriendlyCommunity;andSustainabilityand City of DentonPage 2 of 3Printed on 6/3/2016 powered by Legistar© File #:ID 16-641,Version:1 EnvironmentalStewardship.WhileindividualitemsmaysupportmultipleKFAs,thisspecificCityCouncil agenda item contributes most directly to the following KFA and goal: Related Key Focus Area:Public Infrastructure Related Goal:2.3 Promote superior utility services and facilities EXHIBITS Exhibit 1 - Executive Summary Respectfully submitted: George C. Campbell City Manager City of DentonPage 3 of 3Printed on 6/3/2016 powered by Legistar© I. Executive Summary A. O VERVIEW The City of Denton asked The Brattle Group (ÐBrattleÑ) to review Denton Municipal ElectricÓs (ÐDMEÑÓs) proposed Renewable Denton Plan (ÐRDPÑ), which calls for increasing the renewable generation in DMEÓs portfolio (mostly wind and solar resources) from the current 40% of energy served to 70% by 2019. This report reviews the RDP and alternative options analyzed by DME, and performs an independent economic feasibility assessment of the RDP. DME currently has two sources of power supply besides market purchases Î a 100 MW power sales agreement with the Gibbons Creek Steam Electric Station (ÐGibbons CreekÑ) operated by the Texas Municipal Power Agency (ÐTMPAÑ) and a wind power purchase agreement (ÐPPAÑ) with NextEra. A 30 MW solar PPA is scheduled to start in 2019 (together with the NextEra wind PPA, Ðexisting renewable PPAÑ). Therefore, under the status quo portfolio (ÐStatus QuoÑ or ÐSQÑ) DME will have multiple PPAs with the balance being purchased from the ERCOT market in 2019. The Gibbons Creek power sales agreement will expire in the next few years and DME must decide whether to extend it. DME designed the RDP to increase DentonÓs renewable generation without creating additional costs for ratepayers. The RDP is designed to lower costs relative to Status Quo. The RDP calls for DME to sign long-term renewable PPAs and make an investment in the new Denton Energy Center (ÐDECÑ), which will consist of two separate plants with six reciprocating engines (ÐRICEÑ or ÐRICE unitsÑ) at each site. By design, the PPAs and the DEC will complement each other. The PPAs will lower emissions and reduce costs, while the DEC will ÐfirmÑ the intermittent renewable power supply. The term ÐfirmÑ describes power supply sources that dependably generate a pre-determined amount of energy. Quick responding dispatchable units can ÐfirmÑ intermittent renewables by providing back-up generation when renewable output falls. ÐFirmÑ power insures that DME physically matches supply and demand in real time and limits customersÓ exposure to the volatile Electric Reliability Council of Texas (ÐERCOTÑ) Real-Time energy market. The physical balancing requirement is particularly important for DME and its customers. As an ERCOT 1 | brattle.com qualified scheduling entity (ÐQSEÑ), DME shares ERCOTÓs obligation to maintain system reliability and faces financial penalties if it fails to perform as required, or as directed by ERCOT. The RDP is time sensitive for several reasons. First, the Gibbons Creek power sales agreement renewal is approaching. Second, the newly extended federal tax incentives for renewable resources (production tax and investment tax credits) will be phased out starting in 2017. These favorable government policies, combined with low natural gas prices, and low interest rates have pushed prices for renewable PPAs to historic lows. DME has concluded that it can sign long- term renewable PPAs on terms that will fix energy prices below both current energy prices and expected future energy prices. Finally the current exchange rate (US dollar against the Euro) is favorable for purchasing the Euro-denominated RICE units. B. T HE DEC IS AN I NTEGRAL P ART OF THE RDP Approximately 10% of DentonÓs current physical power supply comes from intermittent 1 renewable resources. Raising the share of physical power from intermittent renewable resources to 70% by 2019 will make it significantly more challenging for DME to maintain the physical supply-demand balance. Figure ES-1 (Hourly Net Load and Ramping Needs) shows the estimated DME load (blue line), production from renewable resources (red line), and the resulting net load (green line) for a day in May 2019. 1 Renewable Energy Credits (ÐRECsÑ) increase the renewable portion of DMEÓs portfolio to 40%. 2 | brattle.com FigureES1:HourlyNetLoadandRampingNeeds The net load (green line) variation of over 100 MW in less than two hours illustrates the difficulty of balancing the system. The variability of DMEÓs renewable resources (and hence net load) will be highly correlated with the variability in ERCOTÓs renewable energy resources as a whole. While the increasingly large portfolio of ERCOT wind resources has some geographic diversity, the overall net load variability has increased with wind penetration. When wind resources drop off suddenly, the overall supply becomes short and prices tend to rise, at times sharply. When wind resource output is low, DME will be more likely to experience a physical imbalance between its supply and demand, and will need to purchase energy on the ERCOT wholesale market. In other words, DME is most likely to need to buy energy from the ERCOT market during times when prices are expected to be high. We understand from DME that not having the firming capability inherent in the DEC, or the equivalent provided by a third party would put DMEÓs QSE status in jeopardy. C. A LTERNATIVES TO THE DEC To firm its power supply, DME must either pay a premium to purchase flexible power products from the market, or it can develop its own flexible power supply (the DEC). 3 | brattle.com If DME firms its renewable portfolio through market purchases, it will need to pay a premium for flexible power throughout the duration of the PPAs. By developing the DEC, DME will have access to a flexible power supply (each RICE unit can provide its full capacity in 5 minutes and can ramp at 15 MW/minute) that will firm DMEÓs entire renewable portfolio. While the DEC requires upfront debt financing, it will significantly reduce DMEÓs future costs associated with firming renewables. Moreover, potential revenue from market sales of energy and ancillary services will help pay the DECÓs debt service charges. DME has alternatives to the DEC for firming its power supply by obtaining flexible power from a third party. Currently, we are not aware of any contracting options that match the flexibility of the physical hedge provided by the DEC. A fixed quantity firming contract for renewable resources would provide a less flexible, but an otherwise similar hedge. However, pricing on existing firm arms-length contracts indicate such costs would be very high. Going without any hedging mechanisms will create financial risks and further may lead to unwanted consequences, 2 such as jeopardizing the QSE status of DME. D. W HAT W ILL THE RDP L IKELY C OST? The Brattle analysis compares three potential power supply : an and two . In the , the RDP with DEC is implemented to achieve 70% renewable penetration. In the , the DME generation portfolio remains Status Quo including Gibbons Creek. Finally, in the , Gibbons Creek is no longer part of the DME portfolio and DME purchases the needed additional power from the ERCOT market. Under the two DMEÓs renewable penetration level remains at the current 40% level, enabled by existing renewable PPAs and RECs. An economic analysis was performed using two different natural gas scenarios. Both scenarios use natural gas price forecasts from the latest ERCOT Long Term System Assessment (ÐLTSAÑ). The Base Scenario uses the LTSA reference natural gas price forecast and the Low Gas Scenario uses the LTSA low gas forecast, which effectively assumes that current low gas prices prevail in real terms for the foreseeable future. Figure ES-2 (Historical and Forecasted Natural Gas Prices) 2 DME serving as its own QSE and managing its own energy portfolio has saved the City of Denton several million dollars per year. For example, the savings in the first year of serving as its own QSE was around $13.5 million. 4 | brattle.com and Figure ES-3 (Forward Power Price Curves) show the natural gas prices and power prices 3 derived for the two scenarios. FigureES2:HistoricalandForecastedNaturalGasPrices FigureES3:ForwardPowerPriceCurves is the most cost efficient option among The Brattle analysis confirms that the the three Figure ES-4 (Base Scenario Cost Comparison) and Figure ES-5 (Low Gas Scenario Cost Comparison) show the estimated cost for DME to serve its customers under the 3 The electricity price projections were derived from a recent Brattle analysis of the ERCOT market. http://www.brattle.com/system/publications/pdfs/000/005/292/original/Exploring_Natural_Gas_and_R enewables_in_ERCOT__Part_IV_-_The_Future_of_Clean_Energy_in_ERCOT.pdf?1464026626 5 | brattle.com two scenarios. Costs for the fall further in 2036 after the full repayment of DECÓs outstanding debt. FigureES4:BaseScenarioCostComparison FigureES5:LowGasScenarioCostComparison 6 | brattle.com Both the renewable PPAs and the DEC are integral parts of the RDP. The DEC physically hedges the variability brought by the increased renewable resources, while maintaining DMEÓs QSE status, and is therefore necessary to implement the . In the Base Scenario, the costs approximately $975 million less than the over 20 years and $750 million less than the . In the Low Gas Scenario, the costs approximately $410 million less over 20 years than either . These results show that even at current natural gas prices the will reduce DMEÓs costs. Furthermore the acts as a hedge against rising natural gas prices, likely yielding even greater savings when gas prices rise. Savings from the renewable PPAs drive the lower DME customer costs. Figure ES-6 (Base Scenario Cumulative Cost ($000) Difference by Components) and Figure ES-7 (Low Gas Scenario Cumulative Cost ($000) Difference by Components) compare the to the and break down the components of the cumulative savings of the . These Figures show that in both scenarios, Energy Market/PPA cost (the green portion of the bars) is the dominant contributor to the cost savings. Other Portfolio Savings enabled by the DEC include avoided REC purchases and optimization of DMEÓs purchases in the Day-Ahead and Real-Time markets. In addition to these savings, DEC can offset the DME cost through market sales. Under current market protocols, DEC will sell energy and ancillary services to the ERCOT market. DME will then buy back from the market the amount needed to serve its load. The net revenue of the amount DEC sold and DME bought back will offset DMEÓs cost to serve load. In the Base Scenario, the Total Portfolio Savings (solid blue line) is higher than the combined savings of Energy Market/PPA and Other Portfolio Savings because this net revenue from market sales exceeds DECÓs financing costs (the red portions of the bars in the negative direction). The Low Gas Scenario shows similar observations, although the Total Portfolio Savings (solid blue line) is slightly lower than the combined savings of Energy Market/PPA and Other Portfolio Savings. Note that this analysis only extends 20 years. The DEC is able to provide additional benefits to DME customers well beyond 20 years. 7 | brattle.com FigureES6:BaseScenarioCumulativeCost($000)DifferencebyComponents FigureES7:LowGasScenarioCumulativeCost($000)DifferencebyComponents 8 | brattle.com In addition to providing these economic benefits, the will lower fossil fuel usage and associated air emissions. If the DEC operates at a 20% capacity factor (averaging approximately 33,000 MWh of power generated per RICE unit), it will reduce approximately 325 tons of SO 2, 180 tons of NOx, 120 tons of VOC, and over 40,000 tons of CO 2 per year compared to purchasing power from the ERCOT market. E. H OW B IG S HOULD THE DECB E? The net-load analysis shown in Figure ES-1 (Hourly Net Load and Ramping Needs) shows a minimum of nine RICE units required. This is based on one year of projected data (for 2019) and not assuming future load growth or forecast deviations of the renewable resources. Under the RDP, DME will have nearly 500 MW of variable renewables and greater net-load ramps are certainly probable. In addition, individual RICE units will at times be out for planned and forced outages. These two factors indicate that 12 RICE units provide a good balance from an operational perspective. Each of the DEC stations is planned to have six units to provide added reliability. The two major cost components of a station are the engines themselves and the Ðbalance of plant.Ñ The balance of plant consists of the land, gas pipeline, transmission to the plant and the substation, the building and controls. Having more or less units at a site does not change the balance of plant costs. Thus in going from 9 to 12 units (in total) the cost will not increase by 33%. Quotes DME received indicate that building six units rather than 12 will only lower the cost by 35%, not 50%. Thus, based on operational need and cost, we conclude that 12 units to be appropriate for DMEÓs needs as part of the RDP. The provides other benefits that are not quantified, such as minimal water usage compared with other thermal capacity. Overall, the appears to be the lowest cost and most reliable option for achieving the City of Denton and DMEÓs goal of higher renewable penetration. It is important to note that DME needs to make changes to the ongoing electricity delivery services to customers without any disruptionÏboth physically and financiallyÏand having physical options to hedge the renewable variability is important. All monetary values in this report are shown in nominal dollars, unless specified otherwise. 9 | brattle.com City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-677,Version:1 Agenda Information Sheet DEPARTMENT:Police ACM:John Cabrales Date:June 7, 2016 SUBJECT Receive a report, hold a discussion and give staff direction regarding the amendment of Chapter 18, Section 18- 38, of the Code of Ordinances, Use of Wireless Communication Devices While Driving. BACKGROUND OnMay6,2014,theCityCouncilapprovedanOrdinanceNo.2014-112,prohibitingtextingwhiledrivingon anyroadwaywithintheCityofDenton,excludingtheinterstatehighwaysandtheirassociatedfrontageroads. Earlierthisyear,DentonCityCouncilrequestedthereconsiderationofOrdinanceNo.2014-112,toincludea complete ban on hand-held communication devices on all roadways in the City limits. OnFebruary23,2016,theCityCouncilreceivedapresentationonthisissue,includingdataconcerning distracteddriving,andtheeffectivenessofpoliceenforcement,sincetheordinancewaseffectuated.After holdingadiscussion,CityCouncildirectedstafftobringtheissuetotheTrafficSafetyCommissionfor consideration.OnMarch7,2016,staffmadeapresentationtotheTrafficSafetyCommissionandreceived directiontoamendthecurrentordinancetoincludeafullbanonhand-helddevicesforallroadways.OnMay2, 2016,staffprovidedaformalrecommendationtotheTrafficSafetyCommission.TheCommission recommended (5-0) to send the recommendation forward to City Council. Anythingthatimpairs,diverts,ordistractstheattentionofthedriverawayfromthetaskofoperatingthemotor vehiclewillincreasetheriskofbeinginvolvedinacrash.Theoperationofcellphonesandotherelectronic devicesthatcauseadrivertodiverthisvisionorattentionfromtheroadareoneofthemanysuchdistractions availabletodriversthatcontributestocrashes.Inresearchingtheimpactofcellularphoneuseandotherrelated drivingdistractions,thePoliceDepartmentconductedananalysisof6,947motorvehiclecrashesfrom2014 throughcurrent2016.Duringthisperiod,therewere191(3%)crashesreportedthatlistedeither“distractionin vehicle”orsomeuseofcellphone/mobiledeviceasacontributingfactor.Ananalysisofthesecrashreports showedthat64(0.92%)ofreportedaccidentsinvolvedcellphone/mobiledeviceusagewhile127(1.8%) involved some type of distraction other than cell phones. Crash Factor/Year201420152016Grand Total CELL/MOBILE PHONE USE 2121 CELL/MOBILE DEVICE USE - OTHER*11112 CELL/MOBILE DEVICE USE - TALKING*10111 City of DentonPage 1 of 3Printed on 6/3/2016 powered by Legistar© File #:ID 16-677,Version:1 CELL/MOBILE DEVICE USE - TEXTING*1414 CELL/MOBILE DEVICE USE - UNKNOWN*516 DISTRACTION IN VEHICLE 54712127 751115191 Grand Total * cell/mobile specific use not available Therearemorethan60municipalitiesinTexasthathaveaddressedtheuseofwirelesscommunicationdevices whileoperatingamotorvehicle.Austin,Argyle,ElPaso,LittleElm,andSanAntonioareamongthosethat havecompletehandheldbans.Handsfreedevicesareallowedinthosejurisdictions.IntheNorthTexasregion, Arlington,Dallas,FarmersBranch,GrandPrairieandRowlettrestricttextingonly.AccordingtotheTexas Legislative Council, 42 cities have ordinances prohibiting texting while driving or complete hand held bans. Inaddition,46stateshaveadoptedlawsrestrictingcellphoneuseinsomeform.Enforcementoftheexisting restrictionontextinghasproventobedifficult.Officersenforcing“TextingWhileDriving”mustobservethe driver“using”thedeviceinsidethevehicle.Thesecellphoneviolationsareeasilyconcealedfrompolice.Asa result,“TextingWhileDriving”citationsrepresent0.76%oftheoverallamountoftrafficviolationsissuedto driversinDenton,sincethepassageoftheordinanceprohibitingtextingwhiledriving.Incontrast,enforcement oftheStatelawprohibitinghand-helddevicesinschoolzoneshasbeenfareasiertoenforce.ThePolice Departmenthasissuedfarmorecitationsfortheuseofdevicesinschoolzonesthantheyhaveunderthecity- widetextingban.Thislawprohibitsalluseofhandheldwirelesscommunicationdevicesindesignatedzones, thus reducing ambiguity in terms of enforcement. Cellphoneusageisbutoneofmanydriverdistractions,butitdoesappeartobeagrowingproblemwiththe proliferationanddependenceofwirelessdevices.Enactedordinancesandstatelaws,aswellaseffortsbylaw enforcement,havemixedresultsamongjurisdictionsacrosstheU.S.Strictlawsandheavyenforcementhave varyingeffectsoncrashesfromoneyeartothenext.Therearenumerousfactorsastowhythismaybe,but even the National Safety Council says there’s not enough data yet to determine the effectiveness of laws. Ifabanonhandhelddevicesisadopted,updatestosignagewillberequired.Thatcostremainsundeterminedat presentduetotheseveralTXDOTroadwaysinplay.Thecostshouldbesubstantiallylessthantheoriginal implementationandshouldbelessthan$10,000.Therecommendedordinancewouldprohibittheuseof wirelesscommunicationsdevicesbythedriverofamotorvehicleunlessitisoperatedinahands-free configuration.Thereareexceptionsfortheuseofadeviceforspecificemergencysituations.Similarly,thereis anexceptionfortheuseofawirelessdeviceifitisaffixedtoavehicleandusedinaGPSapplication.Staff believesthisordinancehastheabilitytoreduceoneofthemanydistractionsthatcancontributetomotor vehicle crashes in the City. OPTIONS 1.RecommendapprovalofanamendmenttoOrdinanceNo.2014-112prohibitingtheuseofallhandheld wirelesscommunicationdeviceswhiledrivingonanyroadwaywithintheCityofDentontoincludethe Interstate System. 2.Provide staff with additional direction on proposed revisions to Ordinance No. 2014-112. 3.Take no action and maintain the current language included in Ordinance No. 2014-112. City of DentonPage 2 of 3Printed on 6/3/2016 powered by Legistar© File #:ID 16-677,Version:1 PRIOR ACTION/REVIEW (Council, Boards, Commissions) OnMay6,2014,theCityCouncilapprovedOrdinanceNo.2014-112,prohibitingtextingwhiledrivingonany roadway within the City of Denton. OnFebruary23,2016,theCityCouncilreceivedaWorkSessionbriefingrelatedtoOrdinanceNo.2014-112 from Chief Howell. Council requested the Traffic Safety Commission review the existing ordinance. OnMarch7,2016,TrafficSafetyCommissionreviewedOrdinanceNo.2014-112requestingstafftobringa formal recommendation back to the Commission for formal consideration and action. OnMay2,2016,theTrafficSafetyCommissionreceivedareportandrecommendedforwardingacomplete ban of the use of handheld devices while driving (5-0). FISCAL INFORMATION The preliminary estimate to replace approximately 60 existing sign blades is $10,000. STRATEGIC PLAN RELATIONSHIP TheCityofDenton’sStrategicPlanisanaction-orientedroadmapthatwillhelptheCityachieveitsvision. Thefoundationfortheplanisthefivelong-termKeyFocusAreas(KFA):OrganizationalExcellence;Public Infrastructure;EconomicDevelopment;Safe,Livable,andFamily-FriendlyCommunity;andSustainabilityand EnvironmentalStewardship.WhileindividualitemsmaysupportmultipleKFAs,thisspecificCityCouncil agenda item contributes most directly to the following KFA and goal: Related Key Focus Area:Safe, Liveable & Family-Friendly Community Related Goal:4.1 Enhance public safety in the community EXHIBITS Exhibit 1 - Draft Minutes Traffic Safety Commission, May 2, 2016 Exhibit 2 - Presentation Wireless Device Crash Factors Exhibit 3 - Ordinance No. 2014-112 Respectfully submitted: Lee Howell Chief of Police City of DentonPage 3 of 3Printed on 6/3/2016 powered by Legistar© 1 Exhibit 1 2 3 DRAFT MINUTES 4 TRAFFIC SAFETY COMMISSION 5 May 2, 2016 6 7 After determining that a quorum of the Traffic Safety Commission was present, the Commission 8 convened the meeting on Monday, May 2, 2016 at 5:40 p.m. in the City Hall Conference Room, 9 City Hall, 215 East McKinney Street, Denton, Texas. 10 11 Present: Chair Wally Campbell, Patrice Lyke, Jim Owen, Karen DeVinney and Daniel 12 Krutka 13 14 Absent: Nancy DiMarco and Jessica Lambert 15 16 Also Present: John Cabrales, ACM, Mark Nelson, Director of Transportation; John Davis, 17 Director of Engineering Services; Chief Howell; Pritam Deshmukh, Senior 18 Engineer; Julie Anderson, Bicycle and Pedestrian Coordinator, and Kim Mankin, 19 Administrative Supervisor 20 21 OPEN MEETING 22 23 3) Receive a report, hold a discussion, and make a recommendation regarding Ordinance 2014- 24 112 Use of Wireless Communication Devices while Driving. 25 26 Mark Nelson introduced this item, ban for all wireless handheld devices and allow hand free 27 only. This ban would apply to all roadways within the City of Denton. 28 29 The original date to go to City Council was May 24, this has been delayed to June. 30 31 Commissioner Daniel Krutka, asked for clarification on the ordinance and what it includes. 32 Nelson explained the ordinance. Krutka then asked the impetus of moving from the previous 33 ordinance to a complete ban. Do we know the effectiveness of this law. 34 Chief Howell answered the questions. The reason to move forward was increased 35 awareness, a request by City Council Member Wazny and a fatality accident. 36 The effectiveness information is mixed. Howell elaborated on the different cities and the 37 success. Howell did say that a complete ban is easier to enforce than just texting only. 38 The complete ban that is in effect in School Zones are very effective and that category of 39 accidents have been reduced. 40 Commissioner DeVinney asked about the fines associated with the ban. Howell stated that 41 the Municipal Judge has the authority to regulate the fines below the regulated $500 fine that 42 is a Class C offence. The normal fine for this ordinance $75-$125. 43 44 Krutka stated he is new and would like to better understand. Chair Campbell added that this 45 item has been discussed in length and the information is available for previous meetings. 46 Nelson gave the background information regarding the texting ban that started in 2013. 47 48 1 2 3 Motion was made by Commissioner Lyke to approve option #1 which is: 4 Recommend approval of an amendment to Ordinance 2014-112 prohibiting the use 5 of all hand held wireless communication devices while driving on any roadway 6 within the City of Denton to include the Interstate System. 7 Commissioner DeVinney seconded the motion, approved 5-0. 8 9 Adjournment: 6:14pm Exhibit 3 Exhibit 3 Exhibit 3 Exhibit 3 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-645,Version:1 Agenda Information Sheet SUBJECT Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086. Receive a presentation from Brattle Group, Inc regarding the Renewable Denton Plan, including public power competitive and financial matters pertaining to plans, strategies, opportunities, and developments for generation improvements to the DME system; discuss and deliberate strategies regarding same; discuss and deliberate opportunities and strategies for the City to acquire purchased power and enter into agreements regarding the same, in order to meet its future energy needs. Discuss, deliberate and provide Staff with direction. City of DentonPage 1 of 1Printed on 6/3/2016 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-639,Version:1 Agenda Information Sheet SUBJECT DeliberationsregardingRealProperty-UnderTexasGovernmentCodeSection551.072;Consultationwith Attorneys - Under Texas Government Code Section 551.071. Receiveinformationfromstaffanddiscuss,deliberate,andprovidestaffwithdirectionregardingthepotential acquisitionofrealpropertyinterestsrelatedtothelocationandsitingofelectrictransmissionlinesinanarea boundedbyFortWorthDriveandElmSt.(westernboundary),RobertsonStreet(northernboundary),the DART/D.C.T.Arailcorridor(easternboundary),InmanSt.withaneasterlyprojectiontoSpencerRd.(southern boundary)andbeinglocatedwithintheW.LovingSurvey,AbstractNo.759;theH.SiscoSurvey,AbstractNo. 1184;theS.HiramSurvey,AbstractNo.616;theW.TeagueSurvey,AbstractNo.1266;theM.AustinSurvey, AbstractNo.4;theJ.TaftSurvey,AbstractNo.1256;theR.Hopkins,AbstractNo.1694;andtheA.Hill Survey,Abstract623,lyingwithintheCityofDenton,DentonCounty,Texas.ConsultationwiththeCity’s attorneysregardinglegalissuesassociatedwiththeacquisitionoftherealpropertyinterestsdescribedabove whereadiscussionoftheselegalmattersinanopenmeetingwouldconflictwiththedutyoftheCity’s attorneystotheCityofDentonandtheDentonCityCouncilundertheTexasDisciplinaryRulesofProfessional ConductoftheStateBarofTexas,orwouldjeopardizetheCity’slegalpositioninanyadministrative proceedingorpotentiallitigation,orwherediscussionshad,deliberation,anddirectiongiven,bytheDenton CityCouncilinanopenmeetingwouldhaveadetrimentaleffectonthepositionofthegovernmentalbodyin negotiations with a third party. \[Spencer to Locust Transmission Route\] City of DentonPage 1 of 1Printed on 6/3/2016 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-657,Version:1 Agenda Information Sheet SUBJECT Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. Receive information from staff and discuss, deliberate, and provide staff with direction regarding the potential acquisition of real property interests located between Western Blvd. and Lot 1, Block 1, of the R D Wells Interchange Addition, an Addition to the City of Denton, Denton County, Texas according to plat recorded at Page 169, Cabinet Y, Plat Records of Denton County, Texas; discussions had, deliberation, and direction given, by the Denton City Council in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third party. Consultation with the City’s attorneys regarding legal issues associated with the acquisition of the real property interests described above; discussion of these legal matters in an open meeting would conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceeding or potential litigation. \[Easement related to the R.D. Wells Substation\] City of DentonPage 1 of 1Printed on 6/3/2016 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-668,Version:1 Agenda Information Sheet SUBJECT DeliberationsregardingRealProperty-UnderTexasGovernmentCodeSection551.072;Consultationwith Attorneys - Under Texas Government Code Section 551.071. Receiveinformationfromstaff,discuss,deliberate,andprovidestaffwithdirectionpertainingtothepotential acquisitionofrealpropertyinterestsintheHiramSiscoSurvey,AbstractNo.1184,DentonCounty,Texas,and generallylocatedinareaboundedtothenorthbyEastHickoryStreet;tothesouthbyEastPrairieStreet;tothe westbySouthBellAvenue;andtotheeastbythePecanCreektributary,CityofDenton,Texas.Consultation withtheCity’sattorneysregardinglegalissuesassociatedwiththepotentialacquisitionorcondemnationofthe realpropertyinterestsdescribedabovewhereapublicdiscussionoftheselegalmatterswouldconflictwiththe dutyoftheCity’sattorneystotheCityofDentonandtheDentonCityCouncilundertheTexasDisciplinary RulesofProfessionalConductoftheStateBarofTexas,orwouldjeopardizetheCity’slegalpositioninany administrative proceeding or potential litigation. (Downtown Denton property tracts) \[no action item\] City of DentonPage 1 of 1Printed on 6/3/2016 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-608,Version:1 Agenda Information Sheet SUBJECT Presentation to retiring Police Department officer, Virginia Nichols, from the Children’s Advocacy Center. City of DentonPage 1 of 1Printed on 6/3/2016 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-638,Version:1 Agenda Information Sheet SUBJECT Colonel Wesley C. Reed Day City of DentonPage 1 of 1Printed on 6/3/2016 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-689,Version:1 Agenda Information Sheet SUBJECT Youth Peace Day International City of DentonPage 1 of 1Printed on 6/3/2016 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-662,Version:1 Agenda Information Sheet SUBJECT Ed Soph regarding residential electric rates. City of DentonPage 1 of 1Printed on 6/3/2016 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-663,Version:1 Agenda Information Sheet SUBJECT Larry Beck presenting citizen letters opposing the proposed gas plants. City of DentonPage 1 of 1Printed on 6/3/2016 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-669,Version:1 Agenda Information Sheet SUBJECT Max Folmar regarding traffic conditions in the City and Customer Service billing procedures. City of DentonPage 1 of 1Printed on 6/3/2016 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-623,Version:1 Agenda Information Sheet SUBJECT Consider approval of the minutes of March 1, March 3, March 22, March 28 Forum, April 4, April 4 Forum, April 5, April 6 Forum, April 12, April 21 Forum, April 23 Forum, April 25 Forum, and April 26, 2016. City of DentonPage 1 of 1Printed on 6/3/2016 powered by Legistar© CITY OF DENTON CITY COUNCIL MINUTES March 1, 2016 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, March 1, 2016 at 12:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Council Member Roden, Council Member Johnson, Mayor Watts, Council Member Hawkins, Council Member Briggs, Mayor Pro Tem Gregory, and Council Member Wazny. ABSENT: None. 1. Citizen Comments on Consent Agenda Items Sam Burke spoke on Item 4G regarding security fences for substations. He expressed concerns regarding how the bid was scored. Dennis Kleinman spoke on Item 4G and the specifications of the bid. Richard Hinds spoke on Item 4G in terms of the grading of the bids. He requested the item be pulled from consideration at this meeting. Doyle Hinds spoke on Item 4G in terms of the grading of the bids and the evaluation of their company. He asked for additional review of the bid and the proposed award. Council discussion centered on the differences in the scoring of the companies. 2. Requests for clarification of agenda items listed on the agenda for March 1, 2016. Council Member Wazny asked the City Manager for the process for reviewing the bid for the security fence. City Manager Campbell provided an explanation of how the bidding was done and the weighing of the scores. Council Member Wazny stated that many cities and counties that had bids of this size had someone explain the bids to the elected body so the members could make a decision and not just have the item on a consent agenda. She felt this should be looked into in the future. Brent Heath, Executive Manager of Energy Delivery, presented information on where the fencing would be installed and an estimation of the cost for all of the wall projects. Council and staff discussed the bidding process; the allowance for past experience with the city; experience with the type of material the company was going to use; the fact that concrete walls were not the primary core business for this company; the fence business had a wide variety of materials used and this company had been in business for 50 years provided credibility. Concern was also expressed that the Council was too involved and that it was uncomfortable when vendors pitched their side of the equation; the appeal process for the awarding of a bid; no concern regarding vendors coming to Council to discuss their bids; how long the bids were good and whether delaying the award would delay projects. City of Denton City Council Minutes March 1, 2016 Page 2 Karen Smith, Assistant Purchasing Manager, presented information on the bond information. Council Member Roden asked about Item O regarding the research project with SMU. He questioned whether local universities could have accomplished the project. Scott Lebsack, Business Development and Administrative Department Manager, stated that the local universities had emerging programs that were not geared towards landfill and landfill management. They were not set up for this type of work. Council Member Hawkins asked for an explanation of the terminology for Item J. City Attorney Burgess stated that the contract would add $800,000 to the existing contract not to exceed $1 million. Council Member Hawkins asked about Item AA in terms of what category the funds were coming from. Chuck Springer, Director of Finance, stated that there was a set amount with the HOT Committee for public art every year and would come from that dedicated amount. Mayor Watts stated that he was struggling with the proposed amount for Item J and approving something that large. He would prefer more of an incremental amount rather than a lump sum and would like to pull the item for individual consideration. Council Member Briggs asked for a clarification of Item Z. City Attorney Burgess stated that this item was discussed at the last Council meeting. It was an area on Ryan Road not contained in the larger grouping of areas to be annexed. Last year it had a one year limited extension of the agreement to see about the possibility of getting a developers agreement for this property. City Manager Campbell noted that Consent Item G and Item U would be pulled; the applicant for Public Hearing 5A had requested to postpone to April 5; the public hearing 5D would be opened and continued to March 22; and Item 6A had an alternate ordinance to consider. 3. Work Session Reports A. ID 16-261 Receive a report, hold a discussion, and give staff direction regarding the FY 2014-15 Comprehensive Annual Financial Report and annual audit. Chuck Springer, Director of Finance, stated that this report had been presented to the Audit Finance Committee. Each year, the City hired an independent accounting firm to conduct an audit of the City's basic financial statements. The purpose of the audit was to express an opinion as to whether the City's financial statements presented fairly, in all material respects, the financial position of the City. The annual audit report is comprised of four major components: 1) the Comprehensive Annual Financial Report (CAFR), 2) Management Letter (when appropriate), 3) Single Audit, and City of Denton City Council Minutes March 1, 2016 Page 3 4) Auditor's Communication to the Audit Committee. The external auditor would be presenting the results. Jerry Gaither, Weaver, LLP, stated that the City had a clean opinion (unqualified), which meant that in the opinion of Weaver, LLP, the City's financial statements presented fairly, in all material respects, the financial position of the City. A clean or unqualified opinion was the best opinion that may be rendered in an audit of the financial statements. Council and staff discussed the process of the audit. B. ID 16-317 Receive a report, hold a discussion, and give staff direction regarding approval of a purchase order through the National Joint Powers Alliance (NJPA) Contract # 022113 - CXT for the purchase of prefabricated concrete restroom buildings at City of Denton North Lakes Park Fields 5 and 6, Mack Park Roberts Field, and the restroom concession at Mack Park. Emerson Vorel, Director of Parks and Recreation, stated that staff had prior discussions with Council regarding this item and had done further evaluations. He presented estimates and information on non-binding by local builders with three replies. He reviewed the estimates received from the various entities. Council discussed the portability of the buildings; maintenance of the buildings; whether they could be used as a tornado shelter if needed; and timing for placement. C. ID 16-331 Receive a report, hold a discussion, and give staff direction regarding the City’s budgeting process, financial planning assumptions, and the debt service tax rate impacts related to the 2014 bond election and upcoming issuance of Certificates of Obligation. Chuck Springer, Director of Finance, presented objectives of the presentation which included municipal budgeting concepts; types and examples of funds; total budget in terms of revenues and expenditures; ad valorem property tax history; sales tax history; components in the development of the budget; and components in the development of departmental budgets. Council and staff discussed whether there were year-end reports regarding individual department budgets; supplemental program submission; and incentives for departments to not spend their entire budget. Springer continued with budget reviews; fund balance reserves history; and next steps. Council discussed holding budget discussions among different departments to facilitate the development of the entire budget. Springer reviewed information on the Debt Tax Rate in terms of current projections with Council discussing assumptions of sales tax growth as well as ad valorem tax growth in terms of an initial budget without overage. City of Denton City Council Minutes March 1, 2016 Page 4 Springer continued with options to eliminate debt service tax increase. Council and staff discussed the effect of extending the implementation of the 2014 bond program; the various options presented; making critical budget decisions early enough in the process in order to ensure a critical flow of the budget; and setting priorities on whether or not to cash fund replacement vehicles. Springer presented vehicle debt impact on the General Fund and advantages/disadvantages of Cash Funding. D. ID 16-274 Receive a report, hold a discussion, give staff direction regarding the Public Art Committee’s recommendation to construct an outdoor sculpture of a 9/11 Firefighter’s Memorial Bell Tower on the north side of Central Fire Station located at 332 E. Hickory St., and purchase a replica replacement bell to be located in City Hall West bell tower, as City of Denton Public Art. The Public Art Committee recommends approval (8-0). The Historic Landmark Commission granted a Certificate of Appropriateness on February 8, 2016. Emerson Vorel, Director of Parks and Recreation, presented a design concept for the Memorial which was presented to the Historic Landmark Commission. The Commission approved a Certificate of Appropriateness. Staff was asking for Council permission to move forward with the project with the hope to dedicate it on 9/11/2016. Mayor Pro Tem Gregory suggested better signage to show what the building was at Central Fire. Council discussed plantings around the memorial so as to not hide the memorial. Consensus of the Council was to move forward with the concept. Following the completion of the Work Session, the City Council convened in a Closed Meeting to consider the specific items listed below under the Closed Meeting section of this agenda. 1. Closed Meeting: A. ID 16-365 Consultation with Attorneys - Under Texas Government Code, Section 551.071. Consultation, discussion, deliberation and receipt of information from the City’s attorneys involving legal matters relating to the annexation or extension/renewal of non-annexation agreements for eligible properties, and to provide the City’s attorneys with direction, where a public discussion of these legal matters would clearly conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. B. ID 16-345 Deliberations regarding Consultation with the City Attorney - Under Texas Government Code Section 551.071, Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087. City of Denton City Council Minutes March 1, 2016 Page 5 Receive a report and hold a discussion regarding legal and economic development issues involving a proposed Rayzor Ranch Public Improvement District No. 1 Reimbursement Agreement, where the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. \[ID 16-346\] C. ID 16-299 Consultation with Attorneys - Under Texas Government Code, Section 552.071; Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086. Consult with the City’s attorneys regarding the present status of the Denton Municipal Electric-Energy Management Organization’s operations regarding EEI contract negotiation, ISDA contract negotiation, and other related contracting issues; discuss, deliberate and provide the City’s attorneys and staff with direction. A public discussion of this legal matter would conflict with the duty of the City’s Attorneys to the City of Denton, Texas under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. \[ID 16-286\] D. ID 16-301 Consultation with Attorneys - Under Texas Government Code, Section 551.071. Consult with the City’s attorneys regarding the present status of pending litigation entitled: The City of Denton, Texas v. NRG Power Marketing, LLC, et al, Cause No. 15-01404-16, now pending before the 16th Judicial District Court in and for Denton County, Texas; discuss, deliberate and provide the City’s attorneys with direction and any recommendations regarding such legal matter. A public discussion of this legal matter would conflict with the duty of the City’s Attorneys to the City of Denton, Texas under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. \[ID 16-287\] E. ID 16-348 Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the acquisition of real property interests generally located at the Southeast corner of E. McKinney Street and S. Mayhill Road, the affected tract located in the Morreau Forrest Survey, Abstract No. 417, City of Denton, Denton County, Texas. Consultation with the City’s attorneys regarding legal issues associated with the acquisition or condemnation of the real property interests referenced above where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceeding or potential litigation. (Mayhill Road Widening and Improvements project - Parcel M088 - BCI Real Estate Ventures, LP) \[ID 16-349\] City of Denton City Council Minutes March 1, 2016 Page 6 F. ID 16-326 Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; and Consultation with Attorneys - Under Texas Government Code, Section 551.071. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests in the Gideon Walker Survey, Abstract 1330, City of Denton, Denton County, Texas and being generally located southwest of the intersection of Edwards Road and Swisher Road. Consultation with the City’s attorneys regarding legal issues associated with the potential acquisition of the real property interests described above where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceeding or potential litigation. (Villages of Carmel, Phase 5B - prospective Parks Department property purchase) G. ID 16-347 Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the acquisition of real property interests located in the E. Puchalski Survey, Abstract No. 996, located generally in the 1200 block of the east side of N. I-35E, City of Denton, Denton County, Texas. Consultation with the City’s attorneys regarding legal issues associated with the acquisition or condemnation of the real property interests referenced above where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceeding or potential litigation. (Denton Fire Station No. 3 Rebuild) Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas. 1.PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2.PROCLAMATIONS/PRESENTATIONS A. ID 16-370 National Community Development Week Mayor Watts presented the proclamation for National Community Development Week. City of Denton City Council Minutes March 1, 2016 Page 7 3. PRESENTATION FROM MEMBERS OF THE PUBLIC A. Review of procedures for addressing the City Council. B. Receive Scheduled Citizen Reports from Members of the Public. 1. ID 16-358 Anyah Martinez regarding a children’s museum using City Hall West as a potential space for the project. Ms. Martinez presented information on a children's museum project that she had started. She presented examples of various children's museums around the country which were a valuable asset to their communities. She would like to see if City Hall West might be a location for such a children's museum and requested Council consider a portion of the building for this project. 2. ID 16-366 Willie Hudspeth regarding City Hall. Mr. Hudspeth’s comments are noted in the Citizen Comment Section at the end of the meeting. C. Additional Citizen Reports David Zoltner spoke on the Council's rules of procedure in particular open mic and citizen reports as they concerned the Open Meetings Act. 4.CONSENT AGENDA Council Member Hawkins motioned, Council Member Johnson seconded to adopt the Consent Agenda and accompanying ordinances and resolutions with the exception of Items G and U and with the alternate ordinance for Item J. On roll call vote, Council Member Roden "aye", Council Member Johnson "aye", Mayor Watts "aye", Council Member Hawkins "aye", Council Member Briggs "aye", Mayor Pro Tem Gregory "aye", and Council Member Wazny "aye". Motion carried unanimously. Ordinance No. 2016-058 A. ID 16-011 Consider adoption of an ordinance authorizing the City Manager or his designee to execute a purchase order through National Joint Powers Alliance (NJPA) Contract# 022113-CXT for the purchase of prefabricated concrete restroom buildings to be located at City of Denton North Lakes Park Fields 5 and 6, Mack Park Roberts Field, and the restroom concession at Mack Park; and providing an effective date. (File 5880-awarded to CXT, Inc. in the not-to-exceed amount of $757,073). Ordinance No. 2016-059 B. ID 16-121 Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract through the Houston-Galveston Area Council of Governments (H-GAC) for the acquisition of residential refuse and recycling carts including replacement parts, for the City of Denton Solid Waste Department; and providing an effective date (File 5997-Purchase of Residential Recycling and Refuse Carts awarded to Rehrig Pacific Company in the three (3) year City of Denton City Council Minutes March 1, 2016 Page 8 not-to-exceed amount of $875,000). The Public Utilities Board recommends approval (5-0). Ordinance No. 2016-060 C. ID 16-265 Consider adoption of an ordinance (1) releasing, abandoning and vacating (a) a 28.953 acre public drainage easement recorded as Instrument No. 2002- R0073655, Real Property Records, Denton County, Texas; (b) a 13.14 acre public drainage & detention easement recorded as Instrument No. 2002-R0073656, Real Property Records, Denton County, Texas; and (c) a 0.562 acre public drainage easement recorded as Instrument No. 2002-R0073661, Real Property Records, Denton County, Texas, all located in the S. Graham Survey, Abstract No. 468, Denton County, Texas; and (2) partially releasing, abandoning and vacating a 5.324 acre public drainage easement recorded as Instrument No. 2005-85936, Real Property Records, Denton County, Texas, and located in the M. Smith Survey, Abstract No. 1181 and the W. Smith Survey, Abstract No. 1182, Denton County, Texas; and declaring an effective date. \[Abandonment of drainage easements to allow for subdivision lot sales\] Ordinance No, 2016-061 D. ID 16-271 Consider adoption of an ordinance directing the publication of Notice of Intention to issue $24,030,000 in principal amount of Certificates of Obligation of the City of Denton for General Government and Solid Waste projects; and providing for an effective date. The Audit/Finance Committee recommends approval (3-0). Ordinance No. 2016-062 E. ID 16-272 Consider adoption of an ordinance directing the publication of Notice of Intention to issue $69,810,000 in principal amount of Certificates of Obligation of the City of Denton for Waterworks and Sewer System and Electric System projects; and providing for an effective date. The Audit/Finance Committee recommends approval (3-0). Ordinance No. 2016-063 F. ID 16-281 Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract through the Buy Board Cooperative Purchasing Network for the acquisition of one (1) Caterpillar Model 953D track loader for the City of Denton Drainage Department; and providing an effective date (File 6070-awarded to Holt CAT in the amount of $213,950). The Public Utilities Board recommends approval (5-0). This item was not considered. G. ID 16-282 Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for construction of Substation Pre-Cast Security Fences for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (RFP 5963-awarded to Walsh’s Hawk Construction Company, LLC in the three (3) year not-to-exceed amount of amount of $5,900,000). The Public Utilities Board recommends approval (5-0). City of Denton City Council Minutes March 1, 2016 Page 9 Ordinance No. 2016-064 H. ID 16-284 Consider adoption of an ordinance of the City Council of the City of Denton, Texas, authorizing the City Manager or his designee to execute an Investment Advisory Services contract with First Southwest Asset Management, Inc. for investment advisory services; providing for the expenditure of funds therefor; and providing an effective date (File 6086 in the two (2) year not-to-exceed amount of $52,000). The Audit/Finance Committee recommends approval (3-0). Ordinance No. 2016-065 I. ID 16-286 Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a supplemental and amended engagement letter with the law firm of David A. Portz, P.C., Houston, Texas for Professional Legal Services to be provided to the Energy Management Organization of Denton Municipal Electric; authorizing the expenditure of funds therefor; providing an effective date (File No. 5554-in the additional amount of not-to-exceed $50,000, aggregating not-to-exceed $175,000). The Public Utilities Board recommends approval (5-0). Ordinance No. 2016-066 J. ID 16-287 Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a second supplemental and amended engagement letter with Lloyd Gosselink Rochelle & Townsend, P.C. for professional legal services relating to the pending litigation entitled the City of Denton, Texas v NRG Power Marketing, LLC, et al; authorizing the expenditure of funds therefor; providing for retroactive confirmation, ratification and approval thereof; providing an effective date (File No. 5771-in the additional amount of not- to-exceed $800,000, aggregating not-to-exceed $1,395,000). The Public Utilities Board recommends approval (5-0). Ordinance No. 2016-067 K. ID 16-288 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a First Supplement to Amendment to an engagement letter for professional legal services by and between the City of Denton, Texas and Herrera & Boyle, PLLC. for legal services pertaining to pole attachment license agreement, right-of-way agreement, collections from Verizon and other possible pertinent agreements; providing for the expenditure of funds therefor; and providing an effective date (File No. 5592 in the additional amount of $65,000; aggregating a total not-to-exceed $130,000). The Public Utilities Board recommends approval (5-0). Ordinance No. 2016-068 L. ID 16-289 Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of SEL protective relays, controls, monitoring, metering, software, integration, accessories, and devices for Denton Municipal Electric, 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 City of Denton City Council Minutes March 1, 2016 Page 10 an effective date (File 6046-awarded to Schweitzer Engineering Laboratories (SEL) in the three (3) year not-to-exceed amount of $2,240,000). The Public Utilities Board recommends approval (5-0). Ordinance No. 2016-069 M. ID 16-290 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for sports officiating services for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (RFP 6028- awarded to SED Referees in the three (3) year not-to-exceed amount of $153,352). Ordinance No. 2016-070 N. ID 16-291 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the supply of uniforms for the City of Denton Fire Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 6025-awarded to Impact Promotional Services, dba Got You Covered Uniforms in the three (3) year not-to-exceed amount of $328,650). Ordinance No. 2016-071 O. ID 16-295 Consider adoption of an ordinance authorizing the City Manager to execute a "Sponsored Research Agreement" by and between the City of Denton, Texas and Southern Methodist University providing for the investigation of enhanced methane generation in the bioreactor landfill facility at the City of Denton, Texas in the not- to-exceed amount of $169,655; providing for the expenditure of funds therefor; providing for an effective date (File 6072). The Public Utilities Board recommends approval (5-0). Ordinance No. 2016-072 P. ID 16-307 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for Dependent Care Services for regular full time City of Denton employees; providing for the expenditure of funds therefore; and providing an effective date (RFP 5914-awarded to Bright Horizons Family Solutions LLC, in the three (3) year not-to-exceed amount of $178,387.50). Approved the recommended nominations Q. ID 16-320 Consider nominations/appointments to the Tax Increment Reinvestment Zone (TIRZ) Number Two Board of Directors. Ordinance No. 2016-073 R. ID 16-321 Consider adoption of an ordinance approving a City sponsorship in an amount not to exceed $150,000 of in-kind services and resources for the Denton Arts and Jazz Festival to be held in Quakertown Park on April 29 - May 1, 2016; and providing an effective date. Ordinance No. 2016-074 S. ID 16-322 Consider adoption of an ordinance ratifying the expenditure of funds by the City Manager for the emergency purchase and installation of a Poured in Place City of Denton City Council Minutes March 1, 2016 Page 11 (PIP) safety surface at Eureka 2 Playground and in accordance with provisions of Section 252.022 of the Local Government Code exempting such purchases from requirements of competitive bidding; and providing an effective date (File 6071- awarded to Lea Park and Play in the amount of $84,892.60). Ordinance No. 2016-075 T. ID 16-325 Consider adoption of an ordinance establishing a Teen Council to provide a teen perspective to the Parks and Recreation Department regarding programming and community issues related to Parks programming; and provide an effective date. This item was not considered. U. ID 16-335 Consider adoption of an ordinance of the City of Denton, Texas Nunc Pro Tunc, correcting an inadvertent mistake in ordinance 2015-188 relating to the annexation of an area of land to the City of Denton, Texas that was granted deferral of annexation until October 31, 2017. Ordinance No. 2016-076 V. ID 16-338 Consider adoption of an ordinance of the City of Denton, Texas, approving an amendment to an economic development program grant agreement dated December 1, 2015, between the City of Denton and Buc-ee’s, LTD., which was duly assigned, in part, to Buc-ee’s, LTD.; and providing an effective date. Ordinance No. 2016-077 W. ID 16-346 Consider adoption of an ordinance of the City of Denton, Texas approving a Reimbursement Agreement amongst the City of Denton, Texas, Allegiance Hillview, L.P., and DB Denton II, LLC related to the reimbursement of public improvements constructed within the Rayzor Ranch Public Improvement District No. 1; authorizing the City Manager to execute the Reimbursement Agreement on behalf of the City of Denton, Texas; and providing for an effective date. Ordinance No. 2016-078 X. ID 16-349 Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Purchase Agreement, by and between the City of Denton, Texas ("City"), as buyer and BCI Real Estate Ventures, L.P. (the "Owner"), as seller, to acquire fee simple to a 1.509 acre tract located in the Moreau Forrest Survey, Abstract Number 417, in the City of Denton, Denton County, Texas; (the "Property Interests") for the purchase price of Two Hundred Twenty Three Thousand Eight Hundred Seven Dollars and No Cents ($223,807.00), and other consideration, as prescribed in the Purchase Agreement (the "Agreement"), as attached to the ordinance and made a part thereof as Exhibit "A", (I) authorizing the expenditure of funds therefor; (II) providing a savings clause; and (III) providing an effective date. (Mayhill Road Widening and Improvements project - Parcel M088 -BCI Real Estate Ventures, LP) Approved the minutes listed below. Y. ID 16-362 Consider approval of the minutes of January 4, 5, 12, 23, 26, and 28-29, 2016. City of Denton City Council Minutes March 1, 2016 Page 12 Ordinance No. 2016-079 Z. ID 16-363 Consider adoption of an ordinance accepting a First Amendment to a Chapter 212 Texas Local Government Code Non-annexation Agreement between the City of Denton, Jean Ann Baker, and Ryan Capital Partners, LTD. to extend the term of such Agreement 120 days pending the execution of a new pre-annexation agreement with the City; authorizing the City Manager to execute the Agreement; and providing an effective date. Approved the recommendation for the public art. AA. ID 16-364 Consider approval of the Public Art Committee’s recommendation to commission artist Mick Burson for the design and installation of a mural at the Patterson-Appleton Arts Center located at 400 E. Hickory St. as Public Art for the City of Denton; and declare an effective date. The Public Art Committee recommends approval (8-0). 5. PUBLIC HEARINGS A. Z15-0029b Continue a public hearing and consider adoption of an ordinance regarding amending Subchapter 35.7.5, the Fry Street Overlay District, to create a new sub district and development standards for a mixed use building on approximately 1.7 acres. The subject property is generally located between Oak Street and Hickory Street and 125 feet west of Fry Street. The Planning and Zoning Commission recommends denial (6-1). A supermajority vote by Council is required for approval. The applicant has requested that this item be postponed to next regular City Council meeting, April 5, 2016. The Mayor opened the public hearing. He noted that the applicant had requested to continue the th public hearing to the April 5 Council meeting. Mayor Pro Tem Gregory motioned, Council Member Hawkins seconded to continue the public th hearing to the April 5 City Council meeting. On roll call vote, Council Member Roden "aye", Council Member Johnson "aye", Mayor Watts "aye", Council Member Hawkins "aye", Council Member Briggs "aye", Mayor Pro Tem Gregory "aye", and Council Member Wazny "aye". Motion carried unanimously. Ordinance No. 2016-080 B. DCA15-0007b Continue a public hearing and consider amending Section 35.7.9.5, 35.7.10.5, and 35.7.13.5 of the Denton Development Code to include additional Façade Materials as architectural requirements to the Oak-Hickory Historic District, Bell Avenue Historic Conservation District, and the West Oak Area Historic District. The Planning and Zoning Commission recommends approval (7-0). (DCA15-0007, Amended Historic District Standards) The Mayor opened the public hearing. City of Denton City Council Minutes March 1, 2016 Page 13 Aimee Bissett, Director of Development Services, stated that this was an amendment to the historic standards for all three historic districts to allow cementitious siding as allowable materials. The change was to the overlay districts for these three districts with the change only for new construction. She presented the background on the reasons for the requested change; definitions of cementitious siding; positives for using such materials; current standards that did not differentiate between new construction and preservation activities that were not consistent regarding new product applications. This was not a proposal to change to the preservation of historic homes in the districts. The definitions as noted in the current DDC regulations were reviewed. The proposed change would make all three districts the same. She presented survey results and public input both from comparable cities and from citizens in the Districts including a community meeting. A majority of those surveyed and at the meeting were in favor of the proposed materials. Information on notifications and actions was noted. The Historic Landmark Commission voted in support of the change. The Planning and Zoning Commission voted in support but recommended an amendment to eliminate smooth sided hardie board. Council discussed the length of discussion with the Planning and Zoning Commission on this process; the change would only apply to those residences located in the three districts; how to assure the new materials would be compatible with the original structure; and the process used for the original regulations of the districts. The following individuals spoke during the public hearing: Mary Anderson spoke in opposition Annetta Ramsay, 722 West Oak, Denton, 76201 – opposed John Morris spoke in favor Comment cards were submitted by the following: Brian and Vicki Morrison, 305 Mounts, Denton, 762021 –opposed William Matthews, 619 Pearl, Denton, 76201 – in support Angie Matthews, 619 Pearl, Denton, 76201 – in support The Mayor closed the public hearing. Mayor Pro Tem Gregory motioned, Council Member Roden seconded to adopt the ordinance. On roll call vote, Council Member Roden "aye", Council Member Johnson "aye", Mayor Watts "aye", Council Member Hawkins "aye", Council Member Briggs "aye", Mayor Pro Tem Gregory "aye", and Council Member Wazny "aye". Motion carried unanimously. C. ID 16-334 Hold the first of two public hearings to consider annexing approximately 4,132.40 acres of land contained in ten of the fifteen annexation areas, which received a Non-Annexation Agreement in 2010, and a one year extension in 2015 that will expire on March 16, 2016. Four of the annexation areas include approximately 2,789.14 acres of land and are primarily located within the northwestern quadrant of the City of Denton’s Extraterritorial Jurisdiction (ETJ), Division 1, and are identified City of Denton City Council Minutes March 1, 2016 Page 14 as PAA1, PAA2, PAA3, and PAA4. The remaining seven areas include approximately 1,343.26 acres of land and are considered unincorporated ETJ pockets located within the body of the City of Denton’s corporate limits and are identified as DH1, DH2, DH3, DH4, DH5, and DH14. The Mayor opened the public hearing. Aimee Bissett, Director of Development Services, stated that was the first of two public hearings for annexation of property contained in 10 of 15 annexation areas. She reviewed the background of the proposal; goals of the 2009 annexation study; types of annexation areas that evolved from the Annexation Study; and elements of the 2010 annexation program. She reviewed each of the potential annexation areas by location and size of the location in addition to the donut holes location and size of location. The 2016 annexation scheduled was presented. The following individuals spoke during the public hearing: Bert Yarbrough, 204 Long Canyon Court, Richardson, 75080 – opposed Janelle Burch, 4478 Country Club Road, Denton, 76210 – opposed Linda Roberts, 2136 Chinn Road, Denton, 76207 – opposed Ray Roberts, 2136 Chinn Road, Denton, 76207 – opposed Ladonna Pockrus, 9080 Wolf Road, Denton, 76259 – opposed Larry Pockrus, 9080 Wolf Road, Denton, 76259 – opposed Mary Robin Gregory, 491 Hickory Creek, Krum, 76249 – opposed Deborah Cottle, 480 Hickory Creek, Krum, 76249 - opposed Silva Pena, 470 Hickory Creek, Krum, 76249 – opposed Jodie Ismert, 819 Anna, Denton, 76201 – opposed Rick Chapman, 2946 Ganzer Road W, Denton, 76207- opposed Deborah Armintor, 2003 Mistywood, Denton, 76209 – opposed Patsy deBaca, 9861 Jim Christal, Denton, 76249 – opposed David Mollen, 701 Chisholm, Denton, 76209 – neutral Don Logan, 4293 Bonnie Brae, Argyle, 76226 –opposed Tammy Tubbs, 4277 Bonnie Brae, Argyle, 76226- opposed Nathan Harvey, 4353 S. Bonnie Brae, Argyle, 76226 – opposed Chuck Gregory, 491 Hickory Creek, Krum, 76249 – opposed Leslie Buell, 6778 C. Wolfe Road, Ponder, 76259 - opposed Zac Youngblood – opposed Skyler (no last name) –opposed Mayor Watts read the comment cards submitted. The Mayor closed the public hearing. No action was required on this item at this meeting. D. ID 16-310 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas designating a certain area within the city limits of Denton as West Gate Business Park (WGBP Investments, LTD) Reinvestment Zone No. XIII for City of Denton City Council Minutes March 1, 2016 Page 15 commercial/industrial tax abatement; establishing the boundaries of such zone; making findings required in accordance with Chapter 312 of the Texas Tax Code; ordaining other matters relating thereto; providing a severability clause; and providing an effective date. Mayor Pro Tem Gregory motioned, Council Member Hawkins seconded to postpone the item to the March 22, 2016 Council meeting. On roll call vote, Council Member Roden "aye", Council Member Johnson "aye", Mayor Watts "aye", Council Member Hawkins "aye", Council Member Briggs "aye", Mayor Pro Tem Gregory "aye", and Council Member Wazny "aye". Motion carried unanimously. 6.ITEMS FOR INDIVIDUAL CONSIDERATION Ordinance No. 2016-081 A. ID 16-309 Consider approval of a concurrent ordinance with the Cities of Bryan, Garland and Greenville, Texas electing the provisions of Subchapter C-1 of Chapter 163, Texas Utilities Code, providing for alternative governance of the Texas Municipal Power Agency; providing findings of fact; defining the boundaries of the agency; designating the name of the agency; and designating the number, place, terms, and manner of appointment of directors of the agency; providing a savings clause; providing a severability clause; providing for retroactive ratification, confirmation and approval thereof; providing an effective date. Phil Williams, DME General Manager, reviewed the history of the Texas Municipal Power Agency and its associated holdings. The member cities must adopt a concurrent ordinance to adopt the most recent state legislation. He presented the items to address in the ordinance which included delegating authority, removal of a board member, allowing non-residents to serve on the board, and permit the member cities to dissolve TMPA. The ordinance also addressed assignment of assets if dissolved, allowed for two governing boards for generation and transmission, clarified the authority of TMPA to sell facilities and authorized member cities to issue bonds to finance TMPA improvements. Council Member Johnson motioned, Council Member Hawkins seconded to adopt the substituted ordinance. On roll call vote, Council Member Roden "aye", Council Member Johnson "aye", Mayor Watts "aye", Council Member Hawkins "aye", Council Member Briggs "aye", Mayor Pro Tem Gregory "aye", and Council Member Wazny "aye". Motion carried unanimously. B. A15-0016a Consider adoption of an ordinance establishing public hearing dates and authorizing the City Secretary to publish notice for April 5, 2016, and April 12, 2016, for annexation of an approximately 23.24 acre property generally located on the west side of Geesling Road, approximately 700 feet south of East University Drive (U.S. 380), within the Moreau Forrest Survey, Abstract No. 417, in Denton County, Texas. This item was not considered. City of Denton City Council Minutes March 1, 2016 Page 16 7. PRESENTATION FROM MEMBERS OF THE PUBLIC A. Review of procedures for addressing the City Council. B. Receive Scheduled Citizen Reports from Members of the Public. Willie Hudspeth spoke on the times of meetings and thanked Jim Mays and his crew for the great job they did at Fred Moore Park. 8. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda Council Member Briggs suggested a partnership with the DISD and the City’s bike coordinator for education in the schools including middle and high schools to help reduce risks of crossing streets around schools. Council Member Roden requested a revisit of the tree canopy study and associated goals. Council Member Roden requested information on how the City grew historically through annexations. Council Member Roden requested a report on what other cities were doing and options in terms of a children's museum. Council Member Johnson questioned how to provide education to citizens about annexations. Council Member Wazny asked about the possibility of filming the meeting regarding the Lillian Miller road construction. Mayor Pro Tem Gregory requested a report or Work Session on how to collect ideas on how to use City Hall West. Mayor Watts requested a work session on City Hall West. City of Denton City Council Minutes March 1, 2016 Page 17 Mayor Watts requested information on the trolley idea for the downtown area and possible coordination with DCTA. B. Possible Continuation of Closed Meeting topics, above posted. There was no continuation of the Closed Meeting. With no further business, the meeting was adjourned at 9:45 p.m. __________________________ CHRIS WATTS MAYOR CITY OF DENTON, TEXAS __________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES April 21, 2016 The Denton Neighborhood Alliance hosted a Denton City Council Candidates Forum on Thursday, April 21, 2016 at 7:00 p.m. in the City of Denton City Council Chambers, 215 E. McKinney, Denton, Texas 76201. The following City Council Members participated in or attended the forum: Mayor Watts; Mayor Pro Tem Gregory; Council Member Johnson; and Council Member Briggs. The forum included a discussion of various issues of City business relevant to the candidates for City Council offices. __________________________ CHRIS WATTS MAYOR CITY OF DENTON, TEXAS __________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES April 23, 2016 The Denton National Association for the Advancement of Colored People (NAACP) and the Denton League of United Latin American Citizens (LULAC) hosted a Denton City Council Candidates Forum on Saturday, April 23, 2016 at 10:00 a.m. in the City of Denton City Council Chambers, 215 E. McKinney, Denton, Texas 76201. The following City Council Members participated in or attended the forum: Mayor Watts; Mayor Pro Tem Gregory; Council Member Johnson; and Council Member Roden. The forum included a discussion of various issues of City business relevant to the candidates for City Council offices. __________________________ CHRIS WATTS MAYOR CITY OF DENTON, TEXAS __________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES April 25, 2016 We Denton Do It hosted a Denton City Council Candidates Forum on Monday, April 25, 2016 at 6:30 p.m. at Dan’s Silver Leaf, 103 Industrial Street, Denton, Texas 76201. The following City Council Members participated in or attended the forum: Mayor Watts; Mayor Pro Tem Gregory; Council Member Johnson; and Council Member Roden. The forum included a discussion of various issues of City business relevant to the candidates for City Council offices. __________________________ CHRIS WATTS MAYOR CITY OF DENTON, TEXAS __________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES April 26, 2016 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, April 26, 2016 at 1:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Council Member Roden, Council Member Johnson, Mayor Watts, Council Member Hawkins, Council Member Briggs, Mayor Pro Tem Gregory, and Council Member Wazny. ABSENT: None. 1. Citizen Comments on Consent Agenda Items There were no citizen comments on Consent Agenda Items. 2. Work Session Reports A. ID 16-499 Receive a report, hold a discussion, and give staff direction regarding the City of Denton Strategic Plan and the performance management and open data components of the What Works Cities initiative. Bryan Langley, Assistant City Manager, presented the details of the What Works Cities initiative that included the overview and purpose of the process. The Strategic Plan Timeline was reviewed and the Key focus areas and the associated goals were noted. Key Action Steps were noted along with the Strategic Plan Performance Measure results for 2014-15. Staff was not recommending any changes for goals or objectives but new strategic outcomes would be proposed to more closely relate to desired outcomes. New key action steps would be added related to these outcomes. Council discussion noted that the Strategic Plan was also part of the budget discussion. Kathryn Klosek, What Works Cities, presented information on What Works Cities Initiative. It was designed to accelerate cities' use of data and evidence to improve people's lives. She also provided support for performance and analytics and information on results of the program in other cities. The What Works Cities standards included commit, measure, take stock and act. The project details for Denton were reviewed. Langley reviewed the progress to date in terms of open data available and performance management. He stated that to complement the Strategic Plan, staff was recommending the adoption of "Strategic Outcomes" to highlight clear direction in measurable and defined future outcome related goals. The recommended Strategic Outcomes for the Key Focus Areas were reviewed. Council discussed whether changes could be made once the steps were developed; get a good cross section of citizen comments in the citizen survey for both positive and negative comments; how often to measure the progress of the outcomes; and look at software that was available for the public use of the city's data. They also discussed ways to present budget implications to strategic outcomes; consider organizational conversations to maximize efficiency; present information on how much the goals would cost on a yearly projection to get to the point of the outcomes; instances when a level might not be able to get any higher; and include a space study for long term needs to City of Denton City Council Minutes April 26, 2016 Page 2 include total operational costs for all current facilities and inefficiencies of employees moving from building to building for meetings. Council also discussed that #3 outcome data for bike and pedestrian count had some possible inconsistencies that might need to be rechecked and consider future staff to assist with the analytics and data processing. Langley reviewed the next steps in the process for Council consideration. Council Member Briggs requested clarification on Consent Agenda Item 2E, the police lobby renovation. Elton Brock, Procurement Manager, stated that the renovations included an upgrade to the glass and upgrades to make a more functional space for the employees to assist the public. Mayor Watts requested another Work Session regarding Item 2C, Eagle Drive, on the design of the street and the improvements that were going to be made. B. ID 16-500 Receive a report and hold a discussion regarding results of the 2016 Denton Open Data Day. Patrick McLeod presented information on the Open Data Day 2016. Open access and open data were very important to the technological community. He reviewed the goals of Open Data Day and the city government benefits. The proposed next steps included customize dashboard metrics, hold TechMill workshops, and submit grant applications for potential funding for future projects. Workflow for monthly data releases steps were noted. More data information might include water usage, power usage, Plus One Assistance and law enforcement violations. Proposed next steps were reviewed that included monthly work flows for data releases, gathering data from other Denton County municipalities, evaluate blight and service impacts. Council discussion included the possible use of data to encourage development of needed resources in various areas of the city; neighborhood data for electric usage; help fund the tech community with tools to assist with the redesign of the city website for what information the community might want on the website and in what form on the website; and consider a citizen committee to formalize recommendations from the Open Data Day. C. ID 16-514 Receive a report, hold a discussion, and give staff direction concerning the upcoming 2016 mosquito season. Kenny Banks, Environmental Services and Sustainability Director, presented background information on the City's Surveillance and Response Plan. He reviewed the various Risk Levels of the plan, the determinations of setting spray triggers, monitoring procedures, controls for mosquito larva; public information procedures; 2015 summary; and emerging diseases. Council discussion included the policies in place for abandoned swimming pools and what to do with citizen concerns about stagnant water. City of Denton City Council Minutes April 26, 2016 Page 3 D. ID 16-543 Receive a report, hold a discussion, and give staff direction regarding Denton Parks Foundation projects including the Eureka Playground replacement. Mark Culp, President of the Parks Foundation, presented an update on the Eureka Playground replacement and the Foundation projects. The Foundation was asking Council's approval for extending their contract and increasing the funding for the Foundation's Executive Director position. He reviewed the scholarship program the Foundation administered for needy summer students, the capital projects they supported such as shade structures at the pools and the renovation of the Eureka Playground. He presented the details of their proposal for the extension of the contract and the increased funding. The proposal was to increase the commitment for another three years on a yearly basis and increase to the support $77,000. It also included $15,000 for administrative support to the Executive Director. Council requested information on the request in terms of return on investment for council consideration. E. ID 16-544 Receive a report, hold a discussion, and give staff direction regarding the Parks and Recreation Department’s annual report. Emerson Vorel, Director of Parks and Recreation, presented the Parks and Recreation annual update. Projects completed included Eureka 2; Civic Center pool renovation; golf driving range renovation; Fred Moore Park updates; South Lakes Park tree planting; North Lakes Park tree planting; Quakertown Park rehabilitation after Arts & Jazzfest 2015; Lake Forest Dam repairs; programming for tournaments; therapeutic recreation re-establishment; and establishment of an Assistant Director position. Upcoming projects included a wave pool at Waterworks Park; a Splash Park to be established in the Carl G. Young Sr. Park; Lake Forest & Milam Park donation projects; maintenance at the cemeteries; trail connectivity near Evers Elementary School; North Lakes Dog Park; and Fred Moore Park Restroom. CDBG funded projects included Fred Moore Park Athletic space, Quakertown Park restrooms and Londonderry playground. A downtown pocket park was recommended for the future. CIP Public Art funding was proposed for a Firefighter's Memorial Bell. Challenges ahead included the homeless in the parks; additional indoor recreation centers; and summer staffing. F. ID 16-580 Receive a report, hold a discussion, and give staff direction regarding a professional services agreement related to collection of delinquent taxes on behalf of the City of Denton. Bryan Langley, Assistant City Manager, presented an overview of the proposal process and staff recommendation. The provisions of the current contract; RFQ key aspects; the proposals that were received; evaluation criteria; evaluation panel; and staff recommendation were presented. Staff was recommending the firm of Sawko and Burroughs. Staff needed direction from Council on which firm to award the contract to. Council discussion included doing this process in-house instead of having a firm provide the service; consideration of a local presence should be considered for the firm associated with the Tax Office with four employees there; comparison rate for collection rate was just for the city of Denton and Denton County; one firm was collecting for Denton County and one for the DISD City of Denton City Council Minutes April 26, 2016 Page 4 which was similar; and why was Council digging into the weeds on this contract rather than having it listed on the Consent Agenda. City Manager Campbell stated that an Informal Staff Report had been sent to Council regarding the contract and two or three members indicated that they wanted to discuss it in a Work Session first. Council Member Roden questioned which members wanted to discuss the contract. Mayor Watts indicated that he was one who wanted to discuss the contract in terms of the 20% charge for delinquent taxes. He was curious about the amount as 20% was the maximum allowed by State law and at the time of his request, he had not seen the actual proposals. He questioned the collection rates at the city level if the amount was dropped by 5% in terms of what the monetary value would that be. Council Member Johnson noted that one firm did not provide collection information and questioned why. Langley stated that they were not able to provide the information out of their system. Council Member Johnson questioned if past performance was overall based on other municipalities. Langley stated that each firm was able to provide collection data but it would be difficult to compare due to demographics and differences in types of accounts. Council Member Johnson stated that this was the third time in the last several months Council was involved in contracts when a non-awarded entity complained. He was uncomfortable with Council second guessing staff recommendations after review. Council should be more involved in the process such as changing the process or criteria but not always second guessing the situation. Mayor Watts did not agree with that analysis. This was a recommendation from staff and not a protest from a non-awarded firm. Mayor Pro Tem Gregory asked if all of the firms proposed the 20%. Langley replied correct. Mayor Pro Tem Gregory asked if Council had given direction for points to be awarded if a firm charged less. Langley replied no. Mayor Pro Tem Gregory asked if there was interest on Council to put the contract out for rebid and give points for a proposal less than 20%. Langley stated that the firms were trying to collect as much revenue as possible and if the percentage was reduced, it would reduce the amount of collections done. These were professional City of Denton City Council Minutes April 26, 2016 Page 5 services and State law did not allow an award based on price. A contract could not be awarded based primarily on a lower price. Mayor Pro Tem Gregory asked if Langley knew of any tax collection firms that did not charge the full 20%. Langley stated that he was not aware of anyone who charged less. Mayor Pro Tem Gregory stated that the 20% was to recover the cost incurred by the law firm to do the work they needed to do to collect the taxes. Langley replied correct. Council Member Roden stated that the impression was that the demographics of the people who required these collection services were in a lower income classification and therefore could not pay. Council Member Johnson stated that these firms were trying to collect money owned and not trying to reduce the service fee for the money owed. Council Member Wazny stated that she would like to see other firms that collected less than the 20%. Council Member Roden stated that none of the respondents were less than 20% and he was comfortable with the staff recommendation. His recommendation was to proceed with the staff recommendation. Council Member Johnson stated that he would agree if Council wanted to modify the criteria or the process moving forward but not change after the process was completed. He was comfortable with the staff decision. If Council did not like the evaluation process then revisit it with the next round. Council Member Briggs stated that she was also one of the members who asked for more details on the process. Langley stated that the process was that a fee was paid once the collection was made. A number of accounts were standard by sending letters or some might go to auction proceedings. Residential accounts were different from business accounts. Council Member Hawkins stated that his concern was about the process and a better explanation of how it was done. Mayor Watts asked for the term of contract. Langley stated that it was a five year term. Mayor Pro Tem Gregory stated that he was in agreement with the staff recommendation. City of Denton City Council Minutes April 26, 2016 Page 6 Following the completion of the Work Session, the City Council convened in a Closed Meeting to consider the specific items listed below under the Closed Meeting section of this agenda. 1. Closed Meeting: A. ID 16-547 Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087. Receive a report and hold a discussion regarding a proposed amendment to an economic development Tax Abatement agreement between the City of Denton and Peterbilt Motors Company. This discussion shall include commercial and financial information the City Council has received from Peterbilt Motors Company, a business which the City Council seeks to have locate, stay, or expand in or near the territory of the city, and with which the City Council is conducting economic development negotiations; deliberate the economic development Tax Abatement agreement between the City of Denton and Peterbilt Motors Company. B. ID 16-579 Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. Receive information from staff, discuss, deliberate, and provide staff with direction regarding the potential acquisition of real property located at 301 E. McKinney, Denton, Texas where deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third party. Consultation with the City’s attorneys regarding legal issues associated with the acquisition of the real property interests described above where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceeding or potential litigation. \[Denton County Courthouse Annex property tract(s) - no action item\] Special Called Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall. 1.PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2.CONSENT AGENDA Mayor Pro Tem Gregory motioned, Council Member Roden seconded to approve the Consent Agenda and accompanying ordinances and resolutions. On roll call vote, Council Member Roden "aye", Council Member Johnson "aye", Mayor Watts "aye", Council Member Hawkins "aye", City of Denton City Council Minutes April 26, 2016 Page 7 Council Member Briggs "aye", Mayor Pro Tem Gregory "aye", and Council Member Wazny "aye". Motion carried unanimously. Ordinance No. 2016-127 A. ID 16-293 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for bank depository services for the City of Denton and providing an effective date (RFP 5962-awarded to Wells Fargo Bank N.A. in the five (5) year not-to-exceed amount of $1,200,000). The Audit/Finance Committee recommends approval (3-0). Ordinance No. 2016-128 B. ID 16-513 Consider adoption of an ordinance authorizing the City Manager to execute a "Further Extension to Amendment No. 1" to the "Memorandum of Understanding - The Environment," by and between the City of Denton, Texas and the University of North Texas which provides for the further extension of the terms of said agreement until September 30, 2021; providing for the expenditure of funds therefor; providing an effective date. The Memorandum of Understanding establishes conditions for conducting small, short term research projects between the City of Denton and the University of North Texas. Ordinance No. 2016-129 C. ID 16-535 Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of the City of Denton Eagle Drive Reconstruction project; providing for the expenditure of funds therefor; and providing an effective date (Bid 6057-awarded to the lowest responsible bidder meeting specification, Jagoe-Public Company in the amount of $2,089,550.42). Ordinance No. 2016-130 D. ID 16-537 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for Website Redevelopment Services for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (RFP 6001-awarded to Imaginuity Interactive, Inc. in the three (3) year not-to-exceed amount of $250,080). Ordinance No. 2016-131 E. ID 16-553 Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for the construction of the City of Denton Police Department Lobby Renovation located at 601 East Hickory Street; providing for the expenditure of funds therefor; and providing an effective date (RFP 6010-awarded to Beach Construction, Inc. in the amount of $333,297.57). Ordinance No. 2016-132 F. ID 16-554 Consider adoption of an ordinance authorizing the City Manager to execute Change Order Number Four to the contract between the City of Denton and Schmoldt Construction, Inc. for the construction of Fire Station #2; providing for the expenditure of funds therefor; and providing an effective date (RFP 5545-Change City of Denton City Council Minutes April 26, 2016 Page 8 Order Number Four in the amount of $67,417.94 for a total contract amount not-to- exceed $4,679,834.92). 3. PUBLIC HEARINGS A. ID 16-515 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, adopting roadway impact fees per service unit; establishing procedures for the assessment, collection, computation, expenditure, refund and general administration of roadway impact fees; providing for the establishment of accounts for roadway impact fees; providing construction, severability, and conflict clauses; and providing for an effective date. The Mayor opened the public hearing. PS Arora, Wastewater Division Manager, presented the details regarding the proposal. He reviewed the 10 year growth units table, sample calculations for Service Area D, impact fee CIP summary, and the Mobility Committee recommendation. The Denton County Developers Alliance reviewed the recommendation and provided a recommendation to provide incentives to the infill area. The Capital Improvement Advisory Committee recommendation was reviewed along with their additional recommendations. Council discussion included providing individual categories with the multipliers, comments regarding not enough information to make a decision at this meeting due to possible unintended consequences on development and a consideration to postpone consideration until there was enough information on any unintended consequences. Mayor Pro Tem Gregory suggested postponing consideration to an event certain for a comparison of current costs with proposed costs. Mayor Watts indicated that speakers at this meeting would not be able to speak at the next public hearing. Lee Allison spoke in favor of the road impact fees but not necessarily the ordinance as written. Bob Shelton commented on the implementation of the provisions. Council Member Johnson motioned, Mayor Pro Tem Gregory seconded to postpone the item to st the June 21 Council meeting. On roll call vote, Council Member Roden "aye", Council Member Johnson "aye", Mayor Watts "aye", Council Member Hawkins "aye", Council Member Briggs "aye", Mayor Pro Tem Gregory "aye", and Council Member Wazny "aye". Motion carried unanimously. 4. CONCLUDING ITEMS Council Member Hawkins requested an Informal Staff Report regarding the change in local service provider for Internet service and how to inform citizens on who to contact with any problems. City of Denton City Council Minutes April 26, 2016 Page 9 Mayor Watts requested a Work Session regarding a proposal to partner with the United Way and the Veterans Administration for their request for office space. With no further business, the meeting was adjourned at 7:10 p.m. __________________________ CHRIS WATTS MAYOR CITY OF DENTON, TEXAS __________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES March 3, 2016 After determining that a quorum was present, the City Council convened in a Work Session on Thursday, March 3, 2016 at 2:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Watts, Council Member Hawkins, Council Member Briggs, Mayor Pro Tem Gregory, and Council Member Wazny. ABSENT: Council Member Roden and Council Member Johnson. 1. PUBLIC HEARINGS A. ID 16-336 Hold the second of two public hearings to consider annexing approximately 4,132.40 acres of land contained in ten of the fifteen annexation areas, which received a Non-Annexation Agreement in 2010, and a one year extension in 2015 that will expire on March 16, 2016. Four of the annexation areas include approximately 2,789.14 acres of land and are primarily located within the northwestern quadrant of the City of Denton’s Extraterritorial Jurisdiction (ETJ), Division 1, and are identified as PAA1, PAA2, PAA3, and PAA4. The remaining seven areas include approximately 1,343.26 acres of land and are considered unincorporated ETJ pockets located within the body of the City of Denton’s corporate limits and are identified as DH1, DH2, DH3, DH4, DH5, and DH14. The Mayor opened the public hearing. Aimee Bissett, Director of Development Services, stated this was the second public hearing to hear from the public regarding proposed annexations that included properties that currently had non- annexation agreements that would expire on March 16, 2016. She presented background on the prior annexation process that was included in the Denton Plan in 1999, the goals of the 2009 annexation study, and the two types of annexation areas that resulted from the annexation study. In 2010 the City began the annexation program to accomplish the goals of the annexation study and that included areas eligible for non-annexation agreements. Council Member Roden arrived at the meeting Bissett presented the map of the proposed annexation areas and reviewed each of the proposed areas for annexation in terms of location and the area encompassed. The 2016 annexation schedule was reviewed. Mayor Pro Tem Gregory asked for an explanation on the agriculture exemption in terms of taxes and whether it was available for these properties. City Manager Campbell stated that agriculture exemption was dependent on being qualified in terms of use of the property. The annexation would not change that exemption and it would remain whether the property was in the city or not as long as it met the qualifications. A home on the property would go on the tax roll. Mayor Pro Tem Gregory requested an example of city taxes on a piece of property with an agriculture exemption. City of Denton City Council Minutes March 3, 2016 Page 2 Council Member Briggs asked for an explanation of the term restrictive covenants. Aaron Leal, Assistant City Attorney, stated that the covenants would place restrictions on how a piece of property could be used. The following individuals spoke during the public hearing: Joneel Harris, 425 Fry, Denton, 76201 – opposed Janelle Burch, 4478 Country Club, Denton, 76210 – opposed Terri Meador, 4021 Corbin, Denton, 76207 – opposed Dan Hampton, 2798 Robinson Road, Denton, 76210 – opposed Chris Atkinson, 4525 S. Bonnie Brae, Denton, 76226 – opposed Robin Gregory, 491 Hickory Creek, Krum, 76249 – opposed Bent Carter, 2043 Chinn Road, Denton, 76207 – opposed Larry Pockrus, 9080 Wolf Run, Ponder, 76259 – opposed Patricia Logan, 4269 S. Bonnie Brae, Denton, 76226 – opposed Council Member Johnson arrived at the meeting. Silvia Pena, 470 Hickory Creek, Denton, 76249 – opposed Deborah Cottle, 480 Hickory Creek, Denton, 76249 - opposed Mayor Watts read the Comment Cards that were submitted. Steve Naus, 3320 N. Masch Branch, Denton, 76207 – opposed The Mayor closed the public hearing. Council discussed the restrictive covenants; the letters that went out to the residents and the legal statute for notification and types required. No action was required on this item at this meeting. Following the completion of the Public Hearing, the City Council convened in a Closed Meeting at 3:34 p.m. to consider the specific items listed below under the Closed Meeting section of this agenda. 1. Closed Meeting: A. ID 16-377 Consultation with Attorneys - Under Texas Government Code, Section 551.071. Consultation, discussion, deliberation and receipt of information from the City’s attorneys involving legal matters relating to the annexation or extension/renewal of non-annexation agreements for eligible properties, and to provide the City’s attorneys with direction, where a public discussion of these legal matters would clearly conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. City of Denton City Council Minutes March 3, 2016 Page 3 With no further business, the Council returned to Open Session and adjourned at 4:50 p.m. __________________________ CHRIS WATTS MAYOR CITY OF DENTON, TEXAS __________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES March 22, 2016 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, March 22, 2016 at 3:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Council Member Roden, Council Member Johnson, Mayor Watts, Council Member Hawkins, Council Member Briggs, and Mayor Pro Tem Gregory. ABSENT: Council Member Wazny. 1. Citizen Comments on Consent Agenda Items Michael Hennen, 724 Thomas, Denton, 76201 urged the Brattle Group to consider a 30 year assessment of the DME plan as opposed to a 20 year assessment. Analyze the 70% renewable plan plus ERCOT. Ken Gold, 2512 Natchez Trace, Denton, 76210 felt that the Brattle contract should be considered at a regular meeting and not on the Consent Agenda in the afternoon. It should not be considered at this meeting. 2. Requests for clarification of agenda items listed on the agenda for March 22, 2016. There were no requests for clarification of agenda items. 3. Work Session Reports A. ID 16-407 Receive a report, hold a discussion, and give staff direction regarding the City’s budgeting, rate setting and cost recovery processes for internal service funds and utility funds of the City. Chuck Springer, Director of Finance, reviewed the objectives to review internal service funds enterprise funds. He presented information on the Internal Service Funds that included 6 funds budgeted in 2015-16. The purpose of the funds, the cost of service transfers that were involved, the descriptions of the funds and how the cost of service transfers were calculated were presented. Enterprise funds included 5 different funds budgeted for 2015-16. The purpose of the funds and definitions of the funds, goals of rates and self-sufficiency were noted. The budget process started with the internal service funds and then went to the enterprise funds with those budgets then submitted to the Council. The next steps in terms of budget information was reviewed. Mayor Pro Tem Gregory stated that he had an initiative regarding the IOOF Cemetery he would like staff to explore. He presented information on the history of the cemetery, various points of interest in the cemetery, and damages in the cemetery. He also presented information on Oakwood Cemetery. He felt the City had a responsibility to maintain these cemeteries and would like to direct staff to prepare estimates and methods to put them back in order. Consensus of the Council was to have staff research cost estimates and break the costs into segments such as headstones, fences, and grounds. City of Denton City Council Minutes March 22, 2016 Page 2 Following the completion of the Work Session the Council convened into a Closed Meeting to consider the items listed below. 1. Closed Meeting: A. ID 16-344 Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086; and Consultation with Attorneys - Under Texas Government Code, Section 551.071. Receive a presentation from Denton Municipal Electric ("DME") staff regarding certain public power competitive, financial and commercial information relating to issues regarding support, implementation and operation of its Energy Risk Management Policy that deals with bidding and pricing information for purchased power, generation and fuel, and Electric Reliability Council of Texas (ERCOT) bids, prices, offers and related services and strategies. Consultation with the City’s attorneys regarding legal issues associated with the Energy Risk Management Policy where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any potential litigation. Discuss, deliberate, and provide staff with direction. B. ID 16-376 Consultation with Attorneys - Under Texas Government Code Section 551.071. Consult with the City’s Attorneys on the status, strategy, and potential resolution of the claim of Ross McDowell. C. ID 16-416 Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. Receive information from staff, discuss, deliberate, and provide staff with direction regarding the potential acquisition of real property located at 301 E. McKinney, Denton, Texas where deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third party. Consultation with the City’s attorneys regarding legal issues associated with the acquisition of the real property interests described above where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceeding or potential litigation. \[Denton County Courthouse Annex property tract(s) - no action item\] D. ID 16-418 Consultation with Attorneys - Under Texas Government Code, Section 551.071; Deliberations regarding Economic Development Negotiations - Under Texas Government Code, Section 551.087. City of Denton City Council Minutes March 22, 2016 Page 3 Receive a report and hold a discussion regarding legal and economic development issues regarding economic development incentives for a business prospective in regard to the Samuel, Son, & Co. This discussion shall include commercial and financial information the City Council may receive from the business owners which the City seeks to have locate, stay, or expand in or near the territory of the City, and with which the City Council is conducting economic development negotiations, including the offer of financial or other incentives. Also hold a discussion with the City’s attorneys on the referenced topic where the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. E. ID 16-431 Consultation with Attorney - Under Texas Government Code, Section 551.071; Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087. Receive a report and hold a discussion regarding a proposed economic development program grant agreement between the City of Denton and WGBP Investments, LTD. This discussion shall include commercial and financial information the City Council has received from WGBP Investments, LTD, a business which the City Council seeks to have locate, stay, or expand in or near the territory of the City, and with which the City Council is conducting economic development negotiations; deliberate the economic development program grant agreement between the City of Denton and WGBP Investments, LTD. Also, hold a discussion with the City’s attorneys on the referenced topic where the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. Special Called Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall. 1.PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2.PROCLAMATIONS/PRESENTATIONS A. ID 16-406 Mayor’s Day of Concern for Mental Health and those with Intellectual Disabilities Mayor Watts presented the proclamation for Mayor's Day of Concern for Mental Health and those with Intellectual Disabilities Day. City of Denton City Council Minutes March 22, 2016 Page 4 3.CONSENT AGENDA Council Member Hawkins motioned, Council Member Roden seconded to adopt the Consent Agenda and accompanying ordinances and resolutions. On roll call vote, Council Member Roden "aye", Council Member Johnson "aye", Mayor Watts "aye", Council Member Hawkins "aye", Council Member Briggs "aye", and Mayor Pro Tem Gregory "aye". Motion carried unanimously. Ordinance No. 2016-082 A. ID 16-415 Consider adoption of an ordinance establishing public hearing dates and authorizing the City Secretary to publish notice for April 5, 2016, and April 12, 2016, for annexation of eight (8) properties, identified by the following property identification numbers (DH-2: 60756 and 60759), (DH-3: 41547), (PAA1: 651278), (PAA3: 315334 and 60790) and (PAA4: 202610 and 37729), in the City of Denton, Texas. Ordinance No. 2016-083 B. ID 16-417 Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager or his designee to execute a letter of agreement for consulting services with the Brattle Group, Inc. that is substantially consistent with the scope of work recommended by the City Manager to the City Council during the work session of the City Council on February 16, 2016, in order to perform a study/analysis of the Renewable Denton Plan and other options; providing for the expenditure of funds; providing an effective date. Ordinance No.2016-084 C. ID 16-426 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to make application to the Texas Department of Housing and Community Affairs Emergency Solutions Grant Program and take all other actions necessary to obtain and implement the program; and providing for an effective date. 4. PUBLIC HEARINGS Ordinance No. 2016-085 A. ID 16-403 Hold a public hearing to consider adoption of an ordinance of the City of Denton, Texas approving the land use assumptions and a capital improvements plan under which roadway impact fees may be imposed for designated service areas; setting a date, time, and place for a public hearing to consider adoption of roadway impact fees; authorizing and directing the City Secretary to publish notice of such public hearing; and providing construction and severability clauses. PS Arora, Manager - Wastewater Department, presented the details of the proposed ordinance. He reviewed the purposed of the public hearing. Jeff Whittaker, Kimley Horn, presented a brief overview of the land use assumptions that included Impact Fee regulatory requirements, the Impact Fee service areas, land use projections, Impact Fee CIP, and Impact Fee CIP summary. City of Denton City Council Minutes March 22, 2016 Page 5 Arora presented information from the Capital Improvement Advisory Committee and associated recommendation. The Mayor opened the public hearing. The following individuals spoke during the public hearing: David Lehde, Dallas Home Builders Association - opposed The Mayor closed the public hearing. Council discussion included comments that residential projects at 15% might cause more roads to be built and set the fee while a lower percentage might lower the fee; the fee was dependent on the vehicle mile traveled and was recalculated every five years; the impact fee would be subject to a refund if the road were not built in 10 years; 30% of the fee would be used for the road projects; and homeowner already pay part of the fee when the road was developed Mayor Pro Tem Gregory motioned, Council Member Johnson seconded to adopt the ordinance. On roll call vote, Council Member Roden "aye", Council Member Johnson "aye", Mayor Watts "aye", Council Member Hawkins "aye", Council Member Briggs "aye", and Mayor Pro Tem Gregory "aye". Motion carried unanimously. Ordinance No. 2016-086 B. ID 16-413 Continue a public hearing and consider adoption of an ordinance of the City of Denton, Texas designating a certain area within the city limits of Denton as West Gate Business Park (WGBP) Investments, LTD. Reinvestment Zone No. XIII for commercial/industrial tax abatement; establishing the boundaries of such zone; making findings required in accordance with Chapters 312 of the Texas Tax Code; ordaining other matters relating thereto; providing a severability clause; providing for repeal; and providing an effective date. Mayor Watts stated that this was a continuation of the public hearing which was currently open. Aimee Bissett, Director of Development Services, presented the proposal. This was an amendment for the West Gate Business Park Investments. She reviewed the project background, current status of the agreement and the need for an amendment. This ordinance would establish the reinvestment zone and a future meeting would amend the existing 380 agreement and adopt the tax abatement agreement. The Mayor opened the public hearing. Zac Youngblood spoke in opposition. The Mayor closed the public hearing. Council Member Johnson motioned, Council Member Hawkins seconded to adopt the substituted ordinance. On roll call vote, Council Member Roden "aye", Council Member Johnson "aye", City of Denton City Council Minutes March 22, 2016 Page 6 Mayor Watts "aye", Council Member Hawkins "aye", Council Member Briggs "aye", and Mayor Pro Tem Gregory "aye". Motion carried unanimously. 5.ITEMS FOR INDIVIDUAL CONSIDERATION Ordinance No. 2016-087 A.A.15-0016b Consider adoption of an ordinance establishing public hearing dates and authorizing the City Secretary to publish notice for April 5, 2016, and April 12, 2016, for annexation of an approximately 23.24 acre property generally located on the west side of Geesling Road, approximately 700 feet south of East University Drive (U.S. 380), within the Moreau Forrest Survey, Abstract No. 417, in Denton County, Texas. Aimee Bissett, Director of Development Services, presented information concerning the publication of the annexation public hearing schedule. The schedule was for a voluntary annexation of the property due to development of the property for an industrial park. Willie Hudspeth submitted a Speaker Card. Council Member Hawkins motioned, Mayor Pro Tem Gregory seconded to adopt the ordinance. On roll call vote, Council Member Roden "aye", Council Member Johnson "aye", Mayor Watts "aye", Council Member Hawkins "aye", Council Member Briggs "aye", and Mayor Pro Tem Gregory "aye". Motion carried unanimously. 6. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. Council Member Johnson requested information on the tree plantings at South Lakes Park in conjunction with the lighting. He requested investigating the possibility of adding or brightening the existing lightings. Council Member Roden suggested creating an ad hoc committee for the Open Data recommendations. City of Denton City Council Minutes March 22, 2016 Page 7 B. Possible Continuation of Closed Meeting topics, above posted. There was no continuation of the Closed Meeting. With no further business, the meeting was adjourned at 7:26 p.m. __________________________ CHIRS WATTS MAYOR CITY OF DENTON, TEXAS __________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS City of Denton City Council Minutes March 28, 2016 The Denia Area Community Group hosted a Denton City Council Candidates Forum on Monday, March 28, 2016 at 6:30 p.m. in the Denia Recreation Center, 1001 Parvin Street, Denton, Texas. The following Council Members participated in or attended the forum: Mayor Watts; Mayor Pro Tem Gregory; Council Member Johnson; Council Member Hawkins; and Council Member Briggs. The forum included a discussion of various issues of City business relevant to the candidates for City Council offices. __________________________ CHRIS WATTS MAYOR CITY OF DENTON, TEXAS __________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES April 4, 2016 After determining that a quorum was present, the City Council convened in a Work Session on Monday, April 4, 2016 at 11:30 a.m. at the Central Fire Station Emergency Operations Center, 332 E. Hickory, Denton. PRESENT: Mayor Watts, Council Member Hawkins, Council Member Briggs, Mayor Pro Tem Gregory, and Council Member Wazny. ABSENT: Council Member Johnson; Council Member Roden 1.Receive a report, hold a discussion and give staff direction regarding Fire and Emergency Medical Services (EMS) incident demand and strategies to improve response time. Robin Paulsgrove, Fire Chief, presented information on a Central Fire Station Summary. The objective and the purpose of the department centered on “One Department, One Direction”. Target issues included EMS response time, key support positions, span of contact, truck company and land banking. Information on incident forecast for District 6, 2014-2015 calls by district and long ambulance response times was reviewed. A proposal for expanded services for medics, a future Station 8 site, future Station 9 site was presented. Paulsgrove presented the number of stations Denton might need as opposed to other area cities as well as when a new station might be needed. Council discussed population versus geographical size for the number of stations needed; data for the percentages of response time over 10 minutes or average response times; and to think outside the box for future stations in terms of cooperation with developers in the area. Paulsgrove continued with information on creating opportunities for a partnership with the ESD #1, with DRMC (medic unit 8, Station 8 land bank), and partnerships with DME, Parks and DCTA (Station 9 land bank). Also consider the Airport Master Plan developments for projected station sites and EMS Peak Demand Unit. Paulsgrove concluded with information on the steps involved in a comprehensive review for better response times and a multi-year strategy for the Fire Department. Council discussion included an update on the training facility and call response times on Lillian Miller due to the current road constructions. 2.Concluding Items A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving City of Denton City Council Minutes April 4, 2016 Page 2 an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda Council did not have any items for this meeting. With no further business, the meeting was adjourned at 12:40 p.m. _________________________ CHRIS WATTS MAYOR CITY OF DENTON, TEXAS _______________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES April 4, 2016 The Denton Fire Fighters Association hosted a Denton City Council Candidates Forum on Monday, April 4, 2016 at the Denton Public Safety Training Center, Classroom A, 719 E. Hickory, Denton, Texas. A Meet and Greet began at 5:30 p.m. with the forum starting at 6:00 p.m. The following Council Members participated in or attended the forum: Mayor Watts; Mayor Pro Tem Gregory; Council Member Johnson and Council Member Briggs. The forum included a discussion of various issues of City business relevant to the candidates for City Council offices. __________________________ CHRIS WATTS MAYOR CITY OF DENTON, TEXAS __________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES April 5, 2016 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, April 5, 2016 at 2:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Council Member Roden, Council Member Johnson, Mayor Watts, Council Member Hawkins, Council Member Briggs, Mayor Pro Tem Gregory, and Council Member Wazny. ABSENT: None. 1. Citizen Comments on Consent Agenda Items There were no citizen comments on Consent Agenda Items. 2. Requests for clarification of agenda items listed on the agenda for April 5, 2016. City Manager Campbell noted that there was a substitute ordinance for Consent Agenda Item 4D. The requestor for Public Hearing 6A had requested to withdraw the item. The public hearing would be opened and closed with no discussion. Public Hearing 6F dealing with the annexations would not be held as all signed non-annexation agreements as listed in Consent Agenda Items BB- JJ had been received. Mayor Watts noted that the non-annexation agreements would be pulled for individual consideration. Council Member Johnson noted that Consent Agenda Item E was for a summer food service program. This was a joint agreement with the DISD and highlighted the DISD and City working together for the betterment of the community. Council Member Briggs asked for an explanation of Consent Agenda Item H and whether the letter of appeal had been settled. Elton Brock, Procurement Manager, stated that three quotes through the Buyboard had been received so that method was allowed to be used. The vendor complaining was the highest vendor and the recommendation would not change. Council Member Wazny asked about Consent Agenda Item F regarding tax incentives for developers. The incentive indicated 25% of the employees hired would live in Denton. She questioned how that was checked and if consideration had ever been given to increasing that 25%. Caroline Booth, Assistant Director of Economic Development, stated that this item was readopting the existing policy and the 25% was an additional consideration to have companies meet that list. If they did to that 25% there were methods to verify that both in the screening process and after the incentive was granted. It was verified before payment was made. Council Member Hawkins asked about Consent Agenda Items I and J and the policy when an emergency purchase needed to be voted on. City Manager Campbell stated that generally this was ratifying action that was already taken. City of Denton City Council Minutes April 5, 2016 Page 2 Council Member Wazny asked for staff background information on Consent Agenda Item S. Elton Brock, Procurement Manager, stated that the company had the contract bid for several years. It was a RFP for a one year contract with two year option renewals. Mayor Watts requested a report/comments on different types of projects the company did with backlog on repairs. He would like information on why there was such a backlog, who set priorities on which projects were done first and possibly having the company hiring more people to get the backlog completed. Council Member Roden noted that this was the third time Item 6A was posted with a qualifier. City Attorney Burgess stated that a posted public hearing was for the benefit of the public to comment on the item. The public hearing was needed and was posted to withdraw with no action on it. Council Member Roden noted that in the in past some public hearing had just been withdrawn with no comment. 3. Work Session Reports A. ID 16-308 Receive a report, hold a discussion, and give staff direction regarding a proposed citywide sample tree inventory and tree canopy analysis for Denton. Loren Barker, KDB Program Manager, presented information for a proposal for a tree canopy analysis and sample inventory. Her presentation included a project overview, why this was being done at this time, and alignment with city goals and priorities. She reviewed the definitions of the project overview, the projection order to establish a baseline of data on two projects in one; the tree canopy analysis and tree eco sample inventory. Council and staff discussion included what was the goal of the project; was it a comprehensive study; and examples of tree eco sample inventory. Future considerations included a discussion of the percentage of canopy compared to percentage of population, how canopy was determined, various methods of viewing the data, and cross referencing data with existing maps and information. Consensus of the Council was to more forward with the proposal. B. ID 16-446 Receive a report, hold a discussion, and give staff direction regarding the City’s budgeting of special revenue funds and the Capital Improvement Program of the City. Chuck Springer, Director of Finance, presented information on special revenue funds, capital improvement program budget and next steps. The definition of special revenue funds, types of funds, and other special revenue funds was reviewed. City of Denton City Council Minutes April 5, 2016 Page 3 In regards to the Capital Improvement Program, he noted the definition of the program, funding sources, use of funds in the category and presented information on the five year General Government CIP. Council discussed ways to think about the CIP to give room for time sensitive projects to set aside funding. Following the completion of the Work Session, the City Council convened in a Closed Meeting to consider specific items listed below under the Closed Meeting section of this agenda. 1. Closed Meeting: A. ID 16-496 Consultation with Attorneys - Under Texas Government Code, Section 551.071. Consultation, discussion, deliberation and receipt of information from the City’s attorneys involving legal matters relating to the annexation or extension/renewal of non-annexation agreements for eligible properties, and to provide the City’s attorneys with direction, where a public discussion of these legal matters would clearly conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. B. ID 16-505 Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. Receive information from staff, discuss, deliberate, and provide staff with direction regarding the potential acquisition of real property located at 301 E. McKinney, Denton, Texas where deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third party. Consultation with the City’s attorneys regarding legal issues associated with the acquisition of the real property interests described above where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceeding or potential litigation. \[Denton County Courthouse Annex property tract(s) - no action item\] C. ID 16-507 Consultation with Attorneys - Under Texas Government Code Section 551.071. Receive information from staff, discuss, deliberate, and provide staff with direction and recommendations regarding (i) pending complaints before the Texas Public Utility Commission (Extenet Network Systems, Inc. against the City of Houston - No. 45280; and, Crown Castle NG Central, LLC against the City of Dallas - No. 45470) regarding the imposition of license agreements and fees for the use of public right-of- City of Denton City Council Minutes April 5, 2016 Page 4 way and the potential impact on the City; (ii) negotiations with Zayo Group, LLC, and its use of City right-of-way for fiber placement under Denton ISD’s agreement with the City; and, (iii) claims for unpaid pole attachment fees by Verizon. A public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceeding or potential litigation. Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall. 1.PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2.PROCLAMATIONS/PRESENTATIONS A. ID 16-112 Denton Arbor Day Mayor Watts presented the proclamation for Arbor Day. B. ID 16-519 Don’t Die of Doubt Mayor Watts presented the proclamation for Don't Die of Doubt Day. Mayor Watts stated that Item 6G had been withdrawn by the applicant and the public hearing would not be heard. 3. PRESENTATION FROM MEMBERS OF THE PUBLIC A. Review of procedures for addressing the City Council and receive Scheduled Citizen Reports from Members of the Public. 1. ID 16-420 Dalton Allen regarding establishing a Denton forensics center. Mr. Allen spoke in favor of establishing a Denton forensics center in Denton. He had a break-in at his home and the information collected by the Police Department would not be processed for many months as there was no forensics center in Denton. He noted that UNT had a lab and suggested that the City work out an arrangement with them to use that facility for forensic data. There also needed to be an item in the City budget for a position to process information. 2. ID 16-433 Zac Youngblood regarding Renewable Denton. Mr. Youngblood was not present at the meeting. City of Denton City Council Minutes April 5, 2016 Page 5 C. Additional Citizen Reports 1.Tiffany Hudspeth spoke in support for the Denton Renewable Plan and the power plants. 2. Deborah Armintor spoke on the Buc-ee’s ESA that had been withdrawn from the agenda and would not be considered at this meeting. 4.CONSENT AGENDA Council Member Hawkins motioned, Council Member Roden seconded to approve the Consent Agenda and accompanying ordinances and resolutions for Items A-KK, pulling BB-JJ for separate consideration and the substitute ordinance for D. On roll call vote, Council Member Roden "aye", Council Member Johnson "aye", Mayor Watts "aye", Council Member Hawkins "aye", Council Member Briggs "aye", Mayor Pro Tem Gregory "aye", and Council Member Wazny "aye". Motion carried unanimously. Ordinance No. 2016-088 A. ID 16-294 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase of water and sewer inventory parts to be stocked in the City of Denton Distribution Center; providing for the expenditure of funds therefor; and providing an effective date (RFP 5847-awarded to multiple vendors in the three (3) year not-to-exceed amount of $6,000,000). Ordinance No. 2016-089 B. ID 16-390 Consider adoption of an ordinance approving and authorizing the concession to Fair 2000, Inc. to sell alcoholic beverages at designated locations during the 2016, 2017 and 2018 Denton Air Fair, Inc. Air Show events, upon certain conditions; and providing an effective date. Approved the minutes listed below. C. ID 16-411 Consider approval of the minutes of February 1, 2, 9, 16 and 23, 2016. Ordinance No. 2016-090 D. ID 16-412 Consider adoption of an ordinance authorizing the City Manager, or his designee to present an offer to the City of Garland ("Owner") for the purchase of an electric utility and access easement located in the City of Denton, Denton County, Texas, and being generally located in the 1700 block of Spencer Road ("Property Interest") by executing a purchase agreement from the City of Denton ("City"), as buyer, to the Owner, as seller, for the acquisition of the Property Interest for the amount of Two Hundred and Thirty Two Thousand Two Hundred and Two Dollars and Forty Cents ($232,202.40), and other consideration, including Twenty Five Thousand Dollars ($25,000.00) for the relocation and construction of a hazardous materials storage building, as set forth in the Purchase Agreement ("Agreement") attached hereto and made a part hereof as part of Exhibit "1", authorizing the expenditure of funds therefor; and providing an effective date. City of Denton City Council Minutes April 5, 2016 Page 6 Ordinance No. 2016-091 E. ID 16-427 Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to execute a contract with the Denton Independent School District for the 2016 Summer Food Service Program; authorizing the expenditure of funds to administer the program; and providing an effective date. Resolution No. 2016-009 F. ID 16-442 Consider approval of a resolution of the City Council of the City of Denton, Texas, amending a policy for tax abatement for the City of Denton to establish guidelines and criteria governing incentive agreements and tax abatement agreements, and declaring an effective date. Ordinance No. 2016-092 G. ID 16-450 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and the University of North Texas for the purpose of hosting the African Cultural Festival; providing for the expenditure of funds therefor; and providing an effective date. ($600) Ordinance No. 2016-093 H. ID 16-451 Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract through the Houston-Galveston Area Council of Governments (H-GAC) for the acquisition of one (1) Backhus model A60 compost turner for the City of Denton Beneficial Reuse Department; and providing an effective date (File 6077-awarded to Ecoverse Industries, LTD. in the amount of $463,693). The Public Utilities Board recommends approval (6-0). Ordinance No. 2016-094 I. ID 16-452 Consider adoption of an ordinance ratifying the expenditure of funds by the City Manager for the emergency repair of a 27 inch water main which provides potable water to the City of Denton and in accordance with provisions of Section 252.022 of the Local Government Code exempting such purchases from requirements of competitive bidding; and providing an effective date (File 6061-awarded to Forterra Pipeline Services in the amount of $57,378). The Public Utilities Board recommends approval (6-0). Ordinance No. 2016-095 J. ID 16-453 Consider adoption of an ordinance ratifying the expenditure of funds by the City Manager for the emergency replacement of the McKenna Park water storage tank roof and in accordance with provisions of Section 252.022 of the Local Government Code exempting such purchases from requirements of competitive bidding; and providing an effective date (File 6041-awarded to Pittsburg Tank and Tower Company, Inc. in the not-to-exceed amount of $345,658.25). The Public Utilities Board recommends approval (6-0). City of Denton City Council Minutes April 5, 2016 Page 7 Ordinance No. 2016-096 K. ID 16-454 Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for the replacement of the existing interior access to the heating, ventilation and air conditioning system (HVAC) mechanical platform at the City of Denton Solid Waste and Recycling Administration building located at 1527 South Mayhill Road; providing for the expenditure of funds therefor; and providing an effective date (RFP 6015-awarded to Denco Construction Specialists Corporation in the amount of $397,833). The Public Utilities Board recommends approval (5-0). Ordinance No. 2016-097 L. ID 16-455 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Second Amendment to a Professional Services Agreement for the development of a model for phosphorous removal at the Pecan Creek Water Reclamation Plant, by and between Hazen and Sawyer, P.C. and the City of Denton, Texas; providing for the expenditure of funds therefor; and providing an effective date (File 5718 in the additional amount not-to-exceed $124,650; aggregating a total not-to-exceed $282,175). The Public Utilities Board recommends approval (6-0). Ordinance No. 2016-098 M. ID 16-456 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a First Amendment to a Professional Services Agreement for the design of the Hickory Creek Basin Peak Flow Facility, by and between Hazen and Sawyer, P.C. and the City of Denton, Texas; providing for the expenditure of funds therefor; and providing an effective date (File 5768 in the additional amount not-to-exceed $112,758; aggregating a total not-to-exceed $540,126). The Public Utilities Board recommends approval (5-0). Ordinance No. 2016-099 N. ID 16-457 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Second Amendment to a Professional Services Agreement for electrical substation design and other engineering related consulting services for Capital Improvement Plan projects and other technical support for Denton Municipal Electric, by and between Black & Veatch Corporation and the City of Denton, Texas; providing for the expenditure of funds therefor; and providing an effective date (File 5089 in the additional amount not-to-exceed $2,220,000; aggregating a total not-to-exceed $3,565.400). The Public Utilities Board recommends approval (5-0). Ordinance No. 2016-100 O. ID 16-458 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement for professional engineering related to the preparation, development, and submittal of the Municipal Solid Waste Permit #1590A amendment for the City of Denton Municipal Solid Waste Facility; providing for the expenditure of funds therefor; and providing City of Denton City Council Minutes April 5, 2016 Page 8 an effective date (File 6097-awarded to Parkhill Smith and Cooper in the not-to- exceed amount of $274,150). The Public Utilities Board recommends approval (5-0). Ordinance No. 2016-101 P. ID 16-459 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a First Amendment to a Professional Services Agreement by and between the City of Denton, Texas and Teague Nall and Perkins, Inc. for engineering services relating to the Fort Worth Drive Utility Relocations Design Project; authorizing the expenditure of funds therefor; providing an effective date (File 6073 in the additional amount not-to-exceed $440,790; aggregating a total not-to-exceed $533,290). The Public Utilities Board recommends approval (5-0). Ordinance No. 2016-102 Q. ID 16-460 Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of the untitled sculpture "black granite fountain" by artist Jesus Moroles, 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 6081-awarded to the Red and White Gallery in the amount of $65,000). The Public Art Committee recommends approval (7-0). Ordinance No. 2016-103 R. ID 16-461 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the supply of work truck bodies for medium duty vehicles for various City of Denton departments; providing for the expenditure of funds therefor; and providing an effective date (RFP 5976-awarded to Kaffenbarger Truck Equipment Co. in the three (3) year not-to-exceed amount of $1,060,791). Ordinance No. 2016-104 S. ID 16-462 Consider adoption of an ordinance of the City of Denton, Texas authorizing the approval of a First Amendment to a contract for concrete repair and installation services, by and between Floyd Smith Concrete, Inc. and the City of Denton, Texas, providing for the expenditure of funds therefor; and providing an effective date (RFP 5241-providing for an additional expenditure amount of $475,000 for a total contract amount not-to-exceed $10,475,000). The Public Utilities Board recommends approval (6-0). Ordinance No. 2016-105 T. ID 16-466 Consider adoption of an ordinance of the City Council of Denton, Texas, repealing Ordinance No. 2016-081 relating to the Texas Municipal Power Agency; providing a savings clause; providing an effective date. City of Denton City Council Minutes April 5, 2016 Page 9 Ordinance No. 2016-106 U. ID 16-467 Consider approval of an ordinance adopted concurrently with the Cities of Bryan, Denton, Greenville, and Garland, electing the provisions of Subchapter C-1 of Chapter 163, Texas Utilities Code, providing for alternative governance of the Texas Municipal Power Agency; providing findings of fact; providing an effective date. Ordinance No. 2016-107 V. ID 16-474 Consider adoption of an ordinance approving a City sponsorship in an amount not to exceed $15,500 of in-kind services and resources for the 2016 Denton Air Show to be held at the Denton Enterprise Airport on June 18, 2016; and providing an effective date. Ordinance No. 2016-108 W. ID 16-475 Consider adoption of an ordinance approving a City sponsorship in an amount not to exceed $16,000 of in-kind services and resources for the Denton Cinco de Mayo Festival, to be held in Quakertown Park on May 14, 2016; and providing an effective date. Ordinance No. 2016-109 X. ID 16-476 Consider adoption of an ordinance approving assignment of a commercial operator Airport lease agreement between the City of Denton, Texas and Jim Osborne dated October 20, 1998, to Hangars Plus, L.L.C.; and providing an effective date. Resolution No. R2016-010 Y. ID 16-477 Consider approval of a resolution allowing Mi Casita’s Mexican Food to be the sole participant allowed to sell alcoholic beverages at the Cinco de Mayo Celebration on May 14, 2016, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. Parks, Recreation and Beautification Board recommend approval with a vote of 7-0. Ordinance No. 2016-110 Z. ID 16-478 Consider adoption of an ordinance approving a City sponsorship in an amount not to exceed $20,000 of in-kind services and resources for the 18th Annual Denton Blues Festival to be held at the Quakertown Park on September 17-18, 2016; and providing an effective date. Ordinance No. 2016-111 AA. ID 16-479 Consider adoption of an ordinance approving a City sponsorship in an amount not to exceed $19,000 of in-kind services and resources for the Denton Juneteenth Celebration to be held in Fred Moore Park on June 17-18, 2016; and providing an effective date. Ordinance No. 2016-121 KK. ID 16-497 Consider adoption of an ordinance authorizing the City of Denton ("City"), as Buyer, to accept a counter-offer from B.M.A.J., Inc., a Texas corporation City of Denton City Council Minutes April 5, 2016 Page 10 ("Owner"), as Seller, for the purchase of fee simple title to the surface estate, including a waiver of surface use to the mineral estate, of a portion of Lot 1, Block 1 Royal Inn Addition, an Addition to the City of Denton, Denton County, Texas, and being generally located in the 1200 block of North Interstate Highway 35 East ("Property Interests"), for the price of One Million Seven Hundred Fifty Thousand Dollars and no cents ($1 ,750,000.00), and other consideration, as prescribed in the Counter- Offer ("Counter-Offer") attached as Exhibit "A"; directing the City Manager, or his designee, to execute the acceptance of the Counter-Offer and related documents completing the transaction; authorizing the expenditure of funds; and providing an effective date. (Fire Station Number 3 Rebuild project: B.M.A.J. Inc.) Ordinance No. 2016-112 BB. ID 16-481 Consider adoption of an ordinance of the City of Denton, Texas providing for acceptance of eligible Non-Annexation Agreements (NAAs) for agricultural, wildlife management, or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas generally identified as DH1, generally located east of H. Lively Road, south side of FM 2449, west side of John Paine Road; providing for severability and an effective date. Council Member Johnson motioned, Council Member Hawkins seconded to adopt the ordinance. On roll call vote, Council Member Roden "aye", Council Member Johnson "aye", Mayor Watts "aye", Council Member Hawkins "aye", Council Member Briggs "aye", Mayor Pro Tem Gregory "aye", and Council Member Wazny "aye". Motion carried unanimously. Ordinance No. 2016-113 CC. ID 16-482 Consider adoption of an ordinance of the City of Denton, Texas providing for acceptance of eligible Non-Annexation Agreements (NAAs) for agricultural, wildlife management, or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas generally identified as DH2, generally located on the south side of University Drive, west and east sides of Thomas J. Egan Road, north of Jim Christal Road, west of Masch Branch Road; providing for severability and an effective date. Council Member Roden motioned, Mayor Pro Tem Gregory seconded to adopt the ordinance with the added agreements as noted. On roll call vote, Council Member Roden "aye", Council Member Johnson "aye", Mayor Watts "aye", Council Member Hawkins "aye", Council Member Briggs "aye", Mayor Pro Tem Gregory "aye", and Council Member Wazny "aye". Motion carried unanimously. Ordinance No. 2016-114 DD. ID 16-483 Consider adoption of an ordinance of the City of Denton, Texas providing for acceptance of eligible Non-Annexation Agreements (NAAs) for agricultural, wildlife management, or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas generally identified City of Denton City Council Minutes April 5, 2016 Page 11 as DH3, generally located on the south side of Spring Side Road, north, south and west of Corbin Road, west of I-35; providing for severability and an effective date. Council Member Roden motioned, Council Member Hawkins seconded to adopt the ordinance with the added agreements as noted. On roll call vote, Council Member Roden "aye", Council Member Johnson "aye", Mayor Watts "aye", Council Member Hawkins "aye", Council Member Briggs "aye", Mayor Pro Tem Gregory "aye", and Council Member Wazny "aye". Motion carried unanimously. Ordinance No. 2016-115 EE. ID 16-484 Consider adoption of an ordinance of the City of Denton, Texas providing for acceptance of eligible Non-Annexation Agreements (NAAs) for agricultural, wildlife management, or timberland use properties within an area of land adjacent to and abutting the existing City limits of the City of Denton, Texas generally identified as DH4, generally located on the east side of Bonnie Brae Street, west of Fort Worth Drive, east and west of Vintage Boulevard; providing for severability and an effective date. Mayor Pro Tem Gregory motioned, Council Member Johnson seconded to adopt the ordinance with the added agreements as noted. On roll call vote, Council Member Roden "aye", Council Member Johnson "aye", Mayor Watts "aye", Council Member Hawkins "aye", Council Member Briggs "aye", Mayor Pro Tem Gregory "aye", and Council Member Wazny "aye". Motion carried unanimously. Ordinance No. 2016-116 FF. ID 16-485 Consider adoption of an ordinance of the City of Denton, Texas providing for acceptance of eligible Non-Annexation Agreements (NAAs) for agricultural, wildlife management, or timberland use properties within an area of land adjacent to and abutting the existing City limits of the City of Denton, Texas generally identified as DH5, generally located on the east side of Fort Worth Drive, west side of Country Club Drive, north of Brush Creek Road; providing for severability and an effective date. Council Member Roden motioned, Council Member Hawkins seconded to adopt the ordinance. On roll call vote, Council Member Roden "aye", Council Member Johnson "aye", Mayor Watts "aye", Council Member Hawkins "aye", Council Member Briggs "aye", Mayor Pro Tem Gregory "aye", and Council Member Wazny "aye". Motion carried unanimously. Ordinance No. 2016-117 GG. ID 16-487 Consider adoption of an ordinance of the City of Denton, Texas providing for acceptance of eligible Non-Annexation Agreements (NAAs) for agricultural, wildlife management, or timberland use properties within an area of land adjacent to and abutting the existing City limits of the City of Denton, Texas generally identified as PAA1, generally located on the south side of Jim Christal Road, the north side of Tom Cole Road, west of Masch Branch Road; providing for severability and an effective date. City of Denton City Council Minutes April 5, 2016 Page 12 Council Member Johnson motioned, Mayor Pro Tem Gregory seconded to adopt the ordinance with the added agreements as noted. On roll call vote, Council Member Roden "aye", Council Member Johnson "aye", Mayor Watts "aye", Council Member Hawkins "aye", Council Member Briggs "aye", Mayor Pro Tem Gregory "aye", and Council Member Wazny "aye". Motion carried unanimously. Ordinance No. 2016-118 HH. ID 16-488 Consider adoption of an ordinance of the City of Denton, Texas providing for acceptance of eligible Non-Annexation Agreements (NAAs) for agricultural, wildlife management, or timberland use properties within an area of land adjacent to and abutting the existing City limits of the City of Denton, Texas generally identified as PAA2, generally located on the south side of FM 1173, north W. University Drive, west of I-35; providing for severability and an effective date. Council Member Hawkins motioned, Council Member Roden seconded to adopt the ordnance with the added agreements as noted. On roll call vote, Council Member Roden "aye", Council Member Johnson "aye", Mayor Watts "aye", Council Member Hawkins "aye", Council Member Briggs "aye", Mayor Pro Tem Gregory "aye", and Council Member Wazny "aye". Motion carried unanimously. Ordinance No. 2016-119 II. ID 16-489 Consider adoption of an ordinance of the City of Denton, Texas providing for acceptance of eligible Non-Annexation Agreements (NAAs) for agricultural, wildlife management, or timberland use properties within an area of land adjacent to and abutting the existing City limits of the City of Denton, Texas generally identified as PAA3, generally located on the south side of Ganzer Road, north and south of Barthold Road, north of FM 1173, west of I-35; providing for severability and an effective date. Council Member Johnson motioned, Council Member Roden seconded to adopt the ordinance with the added agreements as noted. On roll call vote, Council Member Roden "aye", Council Member Johnson "aye", Mayor Watts "aye", Council Member Hawkins "aye", Council Member Briggs "aye", Mayor Pro Tem Gregory "aye", and Council Member Wazny "aye". Motion carried unanimously. Ordinance No. 2016-120 JJ. ID 16-490 Consider adoption of an ordinance of the City of Denton, Texas providing for acceptance of eligible Non-Annexation Agreements (NAAs) for agricultural, wildlife management, or timberland use properties within an area of land adjacent to and abutting the existing City limits of the City of Denton, Texas generally identified as PAA4, generally located on the south side of Milan Road, north of Loop 288, east of I-35; providing for severability and an effective date. Council Member Roden motioned, Mayor Pro Tem Gregory seconded to adopt the ordinance with the added agreements as noted. On roll call vote, Council Member Roden "aye", Council Member Johnson "aye", Mayor Watts "aye", Council Member Hawkins "aye", Council Member Briggs City of Denton City Council Minutes April 5, 2016 Page 13 "aye", Mayor Pro Tem Gregory "aye", and Council Member Wazny "aye". Motion carried unanimously. 5.ITEMS FOR INDIVIDUAL CONSIDERATION Ordinance No. 2016-122 A. ID 16-444 Consider adoption of an ordinance considering all matters incident and related to the issuance, sale and delivery of up to $93,840,000 in principal amount of "City of Denton Certificates of Obligation, Series 2016" (including up to $8,195,000 for General Government activities, up to $15,835,000 for Solid Waste Fund activities, and up to $69,810,000 for Electric, Water and Wastewater Fund activities); authorizing the issuance of the Certificates; delegating the authority to certain City officials to execute certain documents relating to the sale of the Certificates; approving and authorizing instruments and procedures relating to said Certificates; and enacting other provisions relating to the subject. Chuck Springer, Director of Finance, presented the information on the issuance of the Certificates of Obligation and detailed the projects to be included in the issuance. This would be a planned competitive sale set for a May sale. A Speaker Card was submitted by Willie Hudspeth who questioned why he was not allowed to speak on the items that were pulled from Consent Agenda. He felt there were too many Consent Agenda items that spent too much money. Council discussed the timing of the bond sale and where the bond information was located. Mayor Pro Tem Gregory motioned, Council Member Hawkins seconded to adopt the ordinance. On roll call vote, Council Member Roden "aye", Council Member Johnson "aye", Mayor Watts "aye", Council Member Hawkins "aye", Council Member Briggs "aye", Mayor Pro Tem Gregory "aye", and Council Member Wazny "aye". Motion carried unanimously. Ordinance No. 2016-123 B. ID 16-445 Consider adoption of an ordinance considering all matters incident and related to the issuance, sale and delivery of up to $32,710,000 in principal amount of "City of Denton General Obligation Refunding and Improvement Bonds, Series 2016"; authorizing the issuance of the Bonds; delegating the authority to certain City officials to execute certain documents relating to the sale of the Bonds; approving and authorizing instruments and procedures relating to said Bonds; and enacting other provisions relating to the subject. Chuck Springer, Director of Finance, presented the details regarding the issuance of General Obligation Bonds. These bonds were authorized by the voters in the 2012 and 2014 bond election competitive sale in late May. A Speaker Card was submitted by Willie Hudspeth who spoke against the refunding and questioned how he would benefit from it. City of Denton City Council Minutes April 5, 2016 Page 14 Council Member Johnson motioned, Council Member Roden seconded to adopt the ordinance. On roll call vote, Council Member Roden "aye", Council Member Johnson "aye", Mayor Watts "aye", Council Member Hawkins "aye", Council Member Briggs "aye", Mayor Pro Tem Gregory "aye", and Council Member Wazny "aye". Motion carried unanimously. First Reading C. ID 16-471 Consider adoption of six (6) ordinances of the City of Denton, Texas, on first reading to involuntarily annex land contained in six (6) of the fifteen (15) annexation areas, specifically land located within DH2, DH3, DH4, DH14, PAA3 and PAA4; providing for a penalty in the maximum amount of $2000.00 for violations thereof, severability and an effective date. City Attorney Burgess stated that this ordinance related to the non-annexation agreements previously approved. There were limited areas where agreements had not been received. The ordinance would apply only to DH14 and PAA4 and did not include DH2, DH3, DH4 and PAA3. A Speaker Card was submitted by Willie Hudspeth who spoke against the annexations. Aimee Bissett, Director of Development Services, read the captions for the associated ordinances for the two annexations. “An ordinance annexing an area of land to the city of Denton, Texas, generally identified as area DH-14 of approximately 2.1021 acres located on the south side of Robinson Road; east of Thoroughbred Trail; west of Marbella’s Court, and more specifically identified in Exhibit “A” attached hereto, which area is adjacent to and abuts the existing city limits of the city of Denton, Texas; extending the city limits so as to include the property within the city limits; granting to all the inhabitants of the property all the rights and privileges of other citizens, and binding the inhabitants to all of the ordinances, resolutions, acts, and regulations of the city; providing inclusion of a service plan; providing for instructions for filing this ordinance and correction of the official city map; providing severability and conflict clauses; and providing an effective date.” “An ordinance annexing an area of land to the city of Denton, Texas, generally identified as area PAA-4 of approximately 853.6143 acres located on the south side of Milam Road; north of Loop 288; east of I-35, and more specifically identified in Exhibit “A” attached hereto, which area is adjacent to and abuts the existing city limits of the city of Denton, Texas; extending the city limits so as to include the property within the city limits; granting to all the inhabitants of the property all the rights and privileges of other citizens, and binding the inhabitants to all of the ordinances, resolutions, acts, and regulations of the city; providing inclusion of a service plan; providing for instructions for filing this ordinance and correction of the official city map; providing severability and conflict clauses; and providing an effective date. Mayor Pro Tem Gregory motioned, Council Member Roden seconded to adopt the two ordinances on first reading. On roll call vote, Council Member Roden "aye", Council Member Johnson "aye", Mayor Watts "aye", Council Member Hawkins "aye", Council Member Briggs "aye", Mayor Pro Tem Gregory "aye", and Council Member Wazny "aye". Motion carried unanimously. City of Denton City Council Minutes April 5, 2016 Page 15 6. PUBLIC HEARINGS A. Z15-0029c Continue a public hearing and consider adoption of an ordinance regarding amending Subchapter 35.7.5, the Fry Street Overlay District, to create a new sub district and development standards for a mixed use building on approximately 1.7 acres. The subject property is generally located between Oak Street and Hickory Street and 125 feet west of Fry Street. The Planning and Zoning Commission recommends denial (6-1). A supermajority vote by Council is required for approval. The applicant has requested that this item be withdrawn because they are proposing additional amendments. Mayor Watts stated that this was a continuation of the public hearing. However, the applicant asked that it be withdrawn. There were no speakers. The Mayor closed the public hearing. There was no action by Council on this item. Ordinance No. 2016-124 B. Z15-0034a Hold a public hearing and consider adoption of an ordinance regarding a change in the zoning classification from a Neighborhood Residential 4 (NR-4) district to an Employment Center Industrial (EC-I) district on approximately 5.1 acres. The subject property is generally located on the south side of Morse Street, approximately 295 feet west of South Woodrow Lane, in the City of Denton, Denton County, Texas. (Z15-0034). The Planning and Zoning Commission recommended approval of this request (7-0). The Mayor opened the public hearing. Aimee Bissett, Director of Development Services, presented information on the zoning case. This was a rezoning for United Way of Denton County to rezone to ECI on Morse Street and Woodrow Lane. She presented information on current zoning, the proposed zoning, future land use plan, and considerations for approval. The public notification information was reviewed and the recommendations. The Planning and Zoning Commission and staff recommended approval. The following individuals spoke during the public hearing: Lyle Dreshler, United Way, spoke in favor. Greg Sawko, United Way, spoke in favor Willie Hudspeth, 623 Newton, Denton, 76205 - spoke in opposition The Mayor closed the public hearing. City of Denton City Council Minutes April 5, 2016 Page 16 Council discussed the possible additional traffic in the area due to the development, a request for a new traffic study, the definition of the future land use map and the meaning of the various zones in the proposed area. Council Member Johnson motioned, Council Member Hawkins seconded to adopt the ordinance. On roll call vote, Council Member Roden "aye", Council Member Johnson "aye", Mayor Watts "aye", Council Member Hawkins "aye", Council Member Briggs "aye", Mayor Pro Tem Gregory "aye", and Council Member Wazny "aye". Motion carried unanimously. Ordinance No. 2016-125 C. S15-0018a Hold a public hearing and consider adoption of an ordinance regarding a Specific Use Permit (SUP) to allow Multi-Family Dwellings in a Neighborhood Residential Mixed Use 12 (NRMU-12) district, being on approximately 0.8 acres. The subject property is generally located on the southeast corner of Taliaferro Street and North Elm Street., in the City of Denton, Denton County, Texas. (S15-0018). The Planning and Zoning Commission recommended approval of this request (7-0). The Mayor opened the public hearing. Aimee Bissett, Director of Development Services, presented the details of the proposal. This was a specific use permit to allow multi-family dwelling units on Taliaferro Street and North Elm Street. She reviewed the current zoning map, future land use map, access streets, site plan and elevations, landscape plan along with buffering and the considerations for approval. Staff and the Planning and Zoning Commission recommended approval. Tim Beaty, applicant, was available to answer any questions. The Mayor closed the public hearing. Council Member Johnson motioned, Mayor Pro Tem Gregory seconded to adopt the ordinance. On roll call vote, Council Member Roden "aye", Council Member Johnson "aye", Mayor Watts "aye", Council Member Hawkins "aye", Council Member Briggs "aye", Mayor Pro Tem Gregory "aye", and Council Member Wazny "aye". Motion carried unanimously. Ordinance No. 2016-126 D. Z16-0001c Hold a public hearing and consider a rezoning from a Neighborhood Residential 2 (NR-2) District to a Neighborhood Residential Mixed Use (NRMU) District. The approximately 6.262 acre subject property is generally located at the northwest corner of North Bonnie Brae Street and West Windsor Drive, in the City of Denton, Denton County, Texas. The Planning and Zoning Commission recommends approval (7-0). The Mayor opened the public hearing. Aimee Bissett, Director of Development Services, presented information on the rezoning of the property. She reviewed the location of the property, current zoning, the proposal for townhomes, City of Denton City Council Minutes April 5, 2016 Page 17 future land use plan, and considerations for approval. Public notifications were reviewed. The Planning and Zoning Commission and staff recommended approval. Greg Edwards, representing the applicant, spoke in favor. Council comments included the city's requirements for flood plain development, ESA areas for the property, this request was for rezoning and did not involve a site plan at this time, and the site distance from the gas well site to the development. The Mayor closed the public hearing. Mayor Pro Tem Gregory motioned, Council Member Roden seconded to adopt the ordinance. On roll call vote, Council Member Roden "aye", Council Member Johnson "aye", Mayor Watts "aye", Council Member Hawkins "aye", Mayor Pro Tem Gregory "aye", Council Member Briggs "nay", and Council Member Wazny "nay". Motion carried with a 5-2 vote. E. A15-0016c Hold the first of two public hearings for annexation of an approximately 23.24 acre property generally located on the west side of Geesling Road, approximately 700 feet south of East University Drive (US 380), within the Moreau Forrest Survey, Abstract No. 417, in Denton County, Texas. The Mayor opened the public hearing Aimee Bissett, Director of Development Services, stated that this was the first of two public hearings and reviewed the background information. This was an owner initiated annexation request. No one spoke during the public hearing. The Mayor closed the public hearing. No action was required on this item at this time. F. ID 16-463 Hold the first of two public hearings to consider annexing eight (8) properties, identified by the following property identification numbers (DH-2: 60756 and 60759), (DH-3: 41547), (PAA1: 651278), (PAA3: 315334 and 60790) and (PAA4: 202610 and 37729), which received a Non-Annexation Agreement in 2010, and a one year extension in 2015. The properties that were proposed to be annexed all have signed Non-Annexation Agreements. City Attorney Burgess stated that this was the first of two public hearings associated with the non- annexation agreements. No action by Council was needed at this time. The Mayor opened the public hearing. LaDonna Pockrus spoke in opposition to the annexation but had signed a non-annexation agreement. City of Denton City Council Minutes April 5, 2016 Page 18 The Mayor closed the public hearing. No action was required on this item at this time. G. ADP16-0002d Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding an Alternative Environmentally Sensitive Area Plan to allow for commercial development to encroach into an existing Environmentally Sensitive Area (ESA). The approximately 39 acre property is generally located on southbound I-35E and approximately 2200 feet south of Lillian B Miller Parkway within a Regional Center Commercial Downtown (RCC-D) zoning district; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. The Planning and Zoning Commission recommended approval with conditions (4-3). (ADP16-0002, Buc-ee’s Travel Center) This item was withdrawn by the applicant. 7. PRESENTATION FROM MEMBERS OF THE PUBLIC A. Review of procedures for addressing the City Council and receive Scheduled Citizen Reports from Members of the Public. 1. ID 16-414 Willie Hudspeth regarding the lack of sidewalks near Ryan High School, citizen reports at the end of the meetings, and the Ethics Ordinance. Mr. Hudspeth spoke against having citizen input at the end of the meetings, keeping in the forefront the Ryan High School walking path, the ethics ordinance, and felt that the Fire Fighters union should not have a council candidate forum. 8. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. City of Denton City Council Minutes April 5, 2016 Page 19 Mayor Pro Tem Gregory and Council Member Wazny requested an Informal Staff Report on the report by Dalton Allen and the forensic lab. Council Member Briggs requested an update on the Mingo Road Bridge in terms of a public safety analysis on the closure. Council Member Briggs requested periodic updates on the McKinney Street expansion. Council Member Briggs requested information on the City’s pension obligations in terms of impact and liability of the City. Council Member Briggs requested a review of the procedures of a withdrawn application and citizen information. Mayor Watts requested an update on the Bonnie Brae GIS. Mayor Watts requested a report on citizens buying city bonds. Mayor Watts requested a Work Session on the event center on Hickory Street in terms of how the center might affect the training center. Mayor Watts requested information on escrow agreements in lieu of public improvements and the return of funds at the developer’s request or done by City. B. Possible Continuation of Closed Meeting topics, above posted. There was no continuation of the Closed Meeting. With no further business, the meeting was adjourned at 8:54 p.m. __________________________ CHRIS WATTS MAYOR CITY OF DENTON, TEXAS __________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES April 6, 2016 The Robson Ranch Republican Club hosted a Denton City Council Candidates Forum on Wednesday, April 6, 2016 at the Robson Ranch Main Clubhouse Auditorium, 9501 Ed Robson Blvd., Denton, Texas, 76207. A Meet and Greet began at 6:00 p.m. with the forum starting at 7:00 p.m. The following City Council members participated in or attended the forum: Mayor Watts; Mayor Pro Tem Gregory; Council Member Johnson; and Council Member Wazny. The forum include a discussion of various issues of City business relevant to the candidates for City Council offices. __________________________ CHRIS WATTS MAYOR CITY OF DENTON, TEXAS __________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES April 12, 2016 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, April 12, 2016 at 4:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Council Member Roden, Council Member Johnson, Mayor Watts, Council Member Hawkins, Council Member Briggs, Mayor Pro Tem Gregory, and Council Member Wazny. ABSENT: None. 1. Work Session Reports A. ID 16-473 Receive a report, hold a discussion and provide staff with direction concerning streamlining the City’s right-of-way and easement acquisition process for time sensitive projects. Paul Williamson, Real Estate and Capital Support Manager, stated that Engineering Services Department’s normal right-of-way (ROW) acquisition process of requesting separate Council authorization of actions for each individual parcel ownership, was lengthy and cannot meet short schedules of time sensitive projects. For time sensitive projects, staff proposed to include several parcels into a single Council meeting agenda item (there would be multiple agenda items for a project). The item would request Council authorization of both (1) extending “Final Offers” for right-of-way parcels and (2) proceeding with eminent domain action (if agreement on purchase of the parcels was not reached within the statutory time frame provided for property owner consideration of the Final Offer). Negotiations with property owners would not be stopped at any time during the acquisition process, but would continue from the “Initial Offer” through final agreement or eminent domain trial completion. This change in process for requesting Council authorization for ROW actions was expected to significantly shorten the ROW acquisition process. Consensus of the Council was to proceed with the proposed process. Special Called Meeting of the City of Denton City Council at 5:00 p.m. in the Council Chambers at City Hall. 1.PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2.PROCLAMATIONS/PRESENTATIONS A. ID 16-530 Mayor’s Day of Concern for the Hungry Mayor Watts presented the proclamation for the Mayor's Day of Concern for the Hungry. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-628,Version:1 Agenda Information Sheet DEPARTMENT:Community Improvement Services CM/ ACM:John Cabrales Date:June 7, 2016 SUBJECT ConsiderapprovalofaresolutionbytheCityofDenton,Texas,authorizingtheCityManagertosignand submittotheDepartmentofHousingandUrbanDevelopmenta 2016ActionPlanforHousingandCommunity Development withappropriatecertifications,asauthorizedandrequiredbytheHousingandCommunity DevelopmentActof1974,asamended,andtheNationalAffordableHousingActof1990,asamended;and providing for an effective date. BACKGROUND Onanannualbasis,theCityofDentonpreparesanActionPlanforsubmissiontotheU.S.Departmentof HousingandUrbanDevelopment(HUD).TheActionPlanservesastheCity’sapplicationforCommunity DevelopmentBlockGrant(CDBG)andHomeInvestmentPartnerships(HOME)programfunding.The 2016 ActionPlan representsthesecondyearintheCity’sfive-yearConsolidatedPlanwhichstatestheprioritiesfor use of Federal CDBG and HOME funding. PublichearingsrequestingcitizeninputregardingtheuseofthesefundswereheldinDecember2015. ApplicationavailabilitywasadvertisedfromNovemberthroughDecember.Applicationtrainingwasprovided byCommunityDevelopmentstaff.TheCommunityDevelopmentAdvisoryCommittee(CDAC)andthe HumanServicesAdvisoryCommittee(HSAC)reviewedapplicationsandheldfundinghearingsinFebruary andMarchof2016.Eachcommitteedevelopedasetoffundingrecommendations.Staffhasdevelopedthe 2016ActionPlan basedontheserecommendations.AfterdevelopmentofthePlan,HUDinformedthe CommunityDevelopmentstaffthatDentonwouldreceiveanadditional$1,556inHOMEfunds.Staffrevised thebudgettoprovideanadditional$1,323totheCity’sHomeImprovementProgramand$233toDenton AffordableHousingCorporation.The$233increaseisrequiredtomeetthe15%CommunityHousing DevelopmentOrganization(CHDO)set-asideregulations.TheCDAChadnoobjectionstotheallocationof the additional funds. Administration activities are also included in the Action Plan. Apublichearingontheproposed 2016ActionPlan washeldonMay3,2016.Nocommentsweremadeatthe hearing.ResidentswerealsoinvitedtosubmitcommentstotheCommunityDevelopmentDivisionfora30- day period. Comments received during the 30-day period are included in the Action Plan. OPTIONS 1.City Council may adopt the Action Plan as it is presented. 2.City Council may revise the Action Plan including the activities designated for 2016-17 funding. City of DentonPage 1 of 3Printed on 6/3/2016 powered by Legistar© File #:ID 16-628,Version:1 RECOMMENDATION Staffrecommendsapprovalofthe 2016ActionPlan.TheActionPlancanbeamendedatanytimeduringthe program year and after, if funds are still available. ESTIMATED SCHEDULE OF PROJECT Action Plan approvalJune 7, 2016 Submission of Action Plan to HUDJune 15, 2014 HUD release of funds& program/project initiationAugust 1, 2016 PRIOR ACTION/REVIEW (Council, Boards, Commissions) TheCDACreviewedrequestsforhousingprograms,non-profitfacilitiesandinfrastructureprojects.CDAC recommended$968,942infundingforvariousprojectsandprogramsandapprovedrecommendationsfor reallocationof2013,2014and2015HOMEfundingtoensurethatallfundsareexpendedinatimelymanner and meet the program’s 24 month commitment deadline. TheHSACreviewedrequestsforsocialservicesprogramfunding.HSACdevelopedrecommendationsforuse ofbothCDBGfundsandCityGeneralFunddollars.ThelistofGeneralFundrecommendationsisincludedin the 2016ActionPlan.However,theapprovalofthePlan doesnot includeapprovaloftheGeneralFund allocations.Theserecommendationswillbeconsideredduringthenormalbudgetingcycle.HSAC recommended allocation of $131,945 in CDBG funding to various social service programs. CommitteechairsLarryVarnes(CDAC)andSherylEnglish(HSAC)presentedtheserecommendationstoCity Council at the Work Session on May 3, 2016. FISCAL INFORMATION Allprojectsandprogramsapprovedunderthe 2016ActionPlan arefundedthroughtheCDBGorHOME programs.GeneralFunddollarscurrentlyusedforsalaryexpensesareincludedintheprogramadministration budget. STRATEGIC PLAN RELATIONSHIP TheCityofDenton’sStrategicPlanisanaction-orientedroadmapthatwillhelptheCityachieveitsvision. Thefoundationfortheplanisthefivelong-termKeyFocusAreas(KFA):OrganizationalExcellence;Public Infrastructure;EconomicDevelopment;Safe,Livable,andFamily-FriendlyCommunity;andSustainabilityand EnvironmentalStewardship.WhileindividualitemsmaysupportmultipleKFAs,thisspecificCityCouncil agenda item contributes most directly to the following KFA and goal: Related Key Focus Area:Safe, Liveable & Family-Friendly Community RelatedGoal:4.3Providequality,diverse,andaccessibleneighborhoodservicesforthe community EXHIBITS Exhibit 1: 2016-17 Action Plan for Housing and Community Development Respectfully submitted: Lancine Bentley Community Improvement Services Manager City of DentonPage 2 of 3Printed on 6/3/2016 powered by Legistar© File #:ID 16-628,Version:1 Prepared by: Barbara Ross Community Development Manager City of DentonPage 3 of 3Printed on 6/3/2016 powered by Legistar© EXHIBIT 1 City of Denton Community Development Division 2016-17 Action Plan nd 2 Year of 2015-2019 Consolidated Plan ... for housing and community development 2016 ACTION PLAN PREPARED BY: City of Denton Community Development Division 601 E. Hickory, Suite B Denton, Texas 76205 Main Phone Number: (940) 349-7726 Email: community.development@cityofdenton.com Website: www.cityofdenton.com CITY COUNCIL APPROVAL: Presented to City Council on May 3, 2016 Presented to City Council for Approval on June 7, 2016 HUD APPROVAL To be submitted to HUD on June 15, 2016 HUD Approval on TBD TABLE OF CONTENTS 2016 Action Plan AP-05 Executive Summary ........................................................................................................ 1 PR-05 Lead and Responsible Agency ........................................................................................ 6 AP-10 Consultation ................................................................................................................... 7 AP-12 Participation ................................................................................................................. 13 AP-15 Expected Resources ...................................................................................................... 16 AP-20 Annual Goals ................................................................................................................. 19 AP-35 Projects ......................................................................................................................... 23 AP-38 Project Summary .......................................................................................................... 25 AP-50 Geographic Distribution ............................................................................................... 44 AP-55 Affordable Housing ....................................................................................................... 45 AP-60 Public Housing .............................................................................................................. 46 AP-65 Homeless and Other Special Needs ............................................................................. 47 AP-75 Barriers to Affordable Housing ..................................................................................... 50 AP- 85 Other Actions ............................................................................................................... 51 AP-90 Program Specific Requirements ................................................................................... 55 Appendices Results of On-Line Survey ....................................................................................................... 59 Community Development Advisory Committee Minutes ...................................................... 65 Human Services Advisory Committee Minutes ...................................................................... 78 Executive Summary AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) 1. Introduction The City of Denton is currently an entitlement city for the Community Development Block Grant (CDBG) and a participating jurisdiction for the HOME Investment Partnerships (HOME) Programs. SF-424 applications for CDBG and HOME are available as in the appendix section. The City of Denton's estimated total federal and program income funding for 2016 is $1,421,136 (includes $109,414 of Reprogrammed Funds). Please note that the table below shows the federal funding available from the U.S. Department of HUD for the 2016/17 program year and the proposed amount from the City of Denton General Funds. Though the list of general fund recommendations is included in the Action Plan, the approval of the Plan does not include approval of those recommendations. General fund recommendations will be considered during the normal budgeting cycle and considered for approval in September 2016. A total of 84.5% of all CDBG and HOME funds has been allocated to low and moderate income activities not including administration. Funding Available CDBG Funds HOME Total Federal General Total Funds Funds Funds Funds Annual Allocation $879,638 $348,084 $1,227,722 $592,458 $1,820,180 Amount Annual Estimated $8,000 $76,000 $84,000 $0 $84,000 Program Income Prior-Year Reallocated $10,500 $98,914 $109,414 $0 $109,414 Funds Total $898,138 $522,998 $1,421,136 $592,458 $2,013,594 Table 1 - 2016/17 Funding Summary The City of Denton is amending the 2013 and 2014 Action Plan to reallocate $98,914 in HOME funds from CHDO activities to the Home Improvement Program to ensure that the HOME 24 month commitment deadline is met. The City of Denton is also amending the 2015 Action Plan to complete the following: a) reallocate $10,500 in CDBG funds from Health Services of North Texas Food Program. This program was canceled and funds will be reallocated during the 2016 program year to the Minor Repair Program; b) revise the project description for the 2015 Fred Moore Day Nursery School Improvements to complete the Activity Room and installation of new exterior playground equipment, Annual Action Plan 1 2016 OMB Control No: 2506-0117 (exp. 07/31/2015) necessary surfacing and fencing; and c) change the use of the 2015 HOME funds for CHDO activity to the Bolivar Rental Project that will renovate a six-unit rental project on Bolivar Street. 2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan. Below are the objectives and outcomes identified in the City of Denton's 2015-2019 Consolidated Plan for Housing and Community Development: 1. Decent Housing Encourage homeownership by providing down payment and closing assistance to 30 low and moderate income households. Maintain 235 existing affordable housing units for low and moderate income households including reconstruction, substantial rehabilitation and minor repairs for single-family housing units. Encourage and maintain 32 affordable rental units including rehabilitation of substandard units and construction of rental units by local CHDO for low and moderate income renters. Provision of homeless prevention activities for extremely low and low income persons including rental and other housing assistance to prevent families and individuals from becoming homeless. 2. Suitable Living Environment Provision of public facility and infrastructure improvements to benefit 10,000 people. Provision of public services such as health and mental care, affordable day care, after school programs, senior services, transitional housing, programs for victims of domestic violence, disabled services, and advocacy services to benefit 80,000 people. Provision of homeless assistance activities for homeless persons especially extremely low income or those with no income, persons with physical and mental disabilities including temporary shelter, food and clothing to chronically homeless and those that have recently become homeless. Annual Action Plan 2 2016 OMB Control No: 2506-0117 (exp. 07/31/2015) 3. Evaluation of past performance This is an evaluation of past performance that helped lead the grantee to choose its goals or projects. -2019 Consolidated Plan are reported annually in the Consolidated Annual Performance and Evaluation Report (CAPER). Over the past several years, the City of Denton has focused on housing, public services and various public and non-profit facility improvements. Below are the number of households or persons served through the Community Development Block Grant (CDBG) and the Home Investment Partnerships Program (HOME) since the development and approval of the 2010-2014 Consolidated Plan. The public services assistance numbers reflect the total number of persons served by the agencies receiving CDBG and General Fund support. Home Improvement/Minor Repair 214 households Homebuyer Assistance 37 households Tenant-Based Rental Assistance 1 household Rental Rehabilitation 77 households Public Improvements 23,279 people Public Facilities 2 park facilities and 5 public facility improvements projects Public Services 25,475 people Homeownership assistance numbers are lower than projected. Although interest rates have remained low, many buyers are having difficulty qualifying for mortgage loans due to increased lending standards and changes in loan guidelines (e.g. increased upfront and monthly MIP fee). Also, the availability of made it extremely difficult for first-time homebuyers. Homes costing approximately $150,000 are extremely difficult to find. Facility improvements have included four sewer and two sidewalk projects. The sidewalks and entryways at the MLK Jr. Recreation Center were made accessible and a new shelter was built at Mack Park. The City has supported Denton City County Day School and Fred Moore Day Nursery School by providing funds for facility improvements. These daycare facilities allow parents to work and support their families. Due to a reduction in CDBG and HOME funding since the 2010-2014 Consolidated Plan, the rehabilitation of rental units were not accomplished with the use of these funds. However, a 2011 Low Income Housing Tax Credit project renovated 126 rental units, with 122 of the units set aside for low- income house The City of Denton and the Denton County Homeless Coalition (DCHC) continue to participate in the orted the Annual Action Plan 3 2016 OMB Control No: 2506-0117 (exp. 07/31/2015) providing homeless assistance and prevention services. The cities of Denton, Lewisville and Flower Mound continue to provide staff support for the coalition, with the City of Denton acting as fiscal agent for the Emergency Solutions Grants received from the State. Public (social) service activities continue to receive strong support from the City through awards of both Community Development Block Grant (CDBG) and general fund dollars. 4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan. To ensure citizen participation in the 2016 Action Plan process including the substantial amendment to the 2013, 2014 and 2015 Action Plans, the city followed its Citizen Participation Plan at all stages of the plan and amendment. Public hearings were held December 7, and December 10, 2016. Spanish translations were provided at both public hearings. The public hearings updated citizens on the status of current programs and activities and asked the citizens how they felt the 2016 funds should be spent. Both of the public hearings were held within a low and moderate-income neighborhood. Information on the public hearings was included in the Community Development Quarterly Newsletter. The Community Development Quarterly Newsletter was mailed or e-mailed to neighborhood associations; recreation centers and libraries; service agencies and beneficiaries; city council, Human Services Advisory Committee (HSAC) and Community Development Advisory Committee (CDAC) members; churches; applicants; contractors; participating lenders and realtors; employees; citizens who attended previous public hearings; and interested citizens. The newsletter which is in Spanish and English is available for placed in the Denton Record-Chronicle. After the Action Plan was drafted, advertisements were placed in the Denton Record-Chronicle summarizing the plan and announcing to the public where the Action Plan would be available for review, and the process for submitting comments to the City of Denton. The draft Action Plan was available at also included information on the upcoming public hearing. All comments received from the public were addressed before submitting the plan to the U.S. Department of Housing and Urban Development. To ensure citizen participation at all stages of the 2016 Action Plan process, a public hearing was scheduled on May 3, 2016 during a City Council Meeting to give citizens the opportunity to comment on the 2016/17 proposed projects and activities. Annual Action Plan 4 2016 OMB Control No: 2506-0117 (exp. 07/31/2015) 5. Summary of public comments Below is a list of comments received at the public hearings on December 7 and 10, 2015 and May 3, 2016: No comments were received Below is a list of comments received during the 30-day comment period for the 2016 Action Plan: No comments were received during the 30-day comment period. 6. Summary of comments or views not accepted and the reasons for not accepting them All comments received during the public hearings and during the 30-day comment period were accepted. Annual Action Plan 5 2016 OMB Control No: 2506-0117 (exp. 07/31/2015) AP-10 Consultation 91.100, 91.200(b), 91.215(l) 1. Introduction The City of Denton utilizes a variety of methods to encourage on-going participation from residents, social service providers, and community development organizations. The participation process for the Consolidated Plan included public hearings, public comment period; a community survey for citizens and non-profit agencies, participating in coalitions and committees, consultation with various city departments; and consultation with housing providers. public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l)) process for the five-year Consolidated Plan and each annual Action Plan. The Citizen Participation Plan (CPP), as approved by City Council, sets forth the City's policies and procedures for citizen input and participation in the grant process. After approval, copies of the Consolidated Plan and the Action Plan are published and made available at three to four city locat- income neighborhoods. The CPP also describes the process affording citizens and organizations the opportunity to provide the City with information on housing and community development needs, as part of the preparation of the Consolidated Plan and Action Plans. Additionally, the City conducts at least two public hearings during the development process before the Consolidated Plan and the Action Plan are published. An additional public hearing takes place during the 30-day comment period in order to obtain citizen's views and to respond to comments and questions. This final public hearing is held in conjunction with a scheduled City Council meeting. The City also sends notifications to various State agencies, local neighborhood groups, city departments, and service organizations as part of the consultation process. The City of Denton has a very strong network of service providers including those providing housing, education, health care and other needed services. Over the past four years, the United Way of Denton County, the City of Denton, the Denton Independent School District and other organizations have joined together to review and discuss the provision of services in the Denton area in an attempt to maximize the benefits derived from available resources. Below is a list of the committees that have been developed to assist in improving the coordination of services: Denton County Homeless Coalition Homeless Leadership Tea, collective impact project Annual Action Plan 7 2016 OMB Control No: 2506-0117 (exp. 07/31/2015) Behavioral Health Leadership Team, a collective impact project Community Health Council Denton Hunger Coalition Early Childhood Coalition serving the North Texas Region ittee Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. The Continuum of Care sets priorities for housing and supportive services to benefit persons experiencing homelessness. Working in collaboration and in support of the priorities set by the CoC, grants are used locally to provide the housing and supportive services that are necessary to make a real difference in people's lives. These funds create supportive housing projects so individuals and families can transition out of homelessness and back into the community. Supportive services include case management, life-skills training, substance addiction treatment, mental health treatment, educational opportunities, and other programs that foster self-sufficiency. The City of Denton is also an active participant in the Denton County Homeless Coalition (DCHC). DCHC understands that there are several obstacles to ending homelessness including quality data collection and sufficient resources for housing first initiatives as well as for the necessary supportive services for the homeless that include economic stability; employment; physical and mental health care services; substance abuse services; and transportation. These items present significant barriers to moving the homeless and those at risk of homelessness from experiencing homelessness to maintaining the independence and self-sufficiency necessary to sustain permanent stable housing. DCHC and the Continuum of Care (CoC) collaboration is a valuable strategy to ending homelessness in Denton. According to USICH's Opening Doors, the only lasting solution to homelessness is permanent stable housing. To that end, a combination of researched solutions from experts like United States Interagency Council on Homelessness, Texas Interagency Council for the Homeless, and Texas Homeless Network; as well coordin that a housing first approach and centralized, community-wide coordinated system of services and programs will move individuals experiencing homelessness more efficiently to sustainable permanent housing. Clear strategies to identify those most at risk of becoming homeless will also be a focused approach. These will be fundamental to ending homelessness. Coordination with the Continuum of Care offers both entities expanded access to funding, quality collaborative tools, and greater knowledge resources. Coordination with the CoC offers several benefits. Collaboration includes improved data collection and better management of available resources by improving the Homeless Management Information System (HMIS) collections and increasing the number of contributors to HMIS locally. CoC collaboration improves the relevance of data collected through the annual Point-in-Time (PIT) homeless count. Annual Action Plan 8 2016 OMB Control No: 2506-0117 (exp. 07/31/2015) Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS. This section is not applicable since Denton does not receive ESG funds from HUD as an annual entitlement. 2. Describe Agencies, groups, organizations and others who participated in the process and describe the jur entities. City of Denton staff meets regularly with local housing and social service providers, neighborhood associations, the Denton Independent School District, and the United Way of Denton County. Community Development and other City staff participate on various coalitions and, as part of the process, staff requests and receives information regarding community needs. Community Development participates in discussions regarding the programs that could be developed or expanded to meet these needs. Organizations participating in the forums include: Denton Housing Authority; Denton County MHMR; Fred Moore Day Nursery School; Denton City County Day School; Denton County Healthy Communities; Denton Affordable assistance/prevention providers; and local banking institutions. Annual Action Plan 9 2016 OMB Control No: 2506-0117 (exp. 07/31/2015) AP-35 Projects 91.220(d) Introduction The City of Denton is currently an entitlement city under the Community Development Block Grant (CDBG) and a participating jurisdiction under the HOME Investment Partnership (HOME) Programs. SF- 424 applications for CDBG and HOME are available in the appendix section. The City of Denton's estimated total federal funds and program income funding for 2016/17 is $1,421,136 and includes $109,414 in reprogrammed funds from prior year funds. Please note that the table below shows the federal funding available from the U.S. Department of HUD for the 2016/17 program year and the proposed amount from the City of Denton's General Funds. Though the list of general fund recommendations is included in the 2016/17 Action Plan, the approval of the Plan does not include approval of those recommendations. General fund recommendations will be considered during the normal budgeting cycle and considered for approval in September 2016. A total of 84.5% of all CDBG and HOME funds have been allocated to low and moderate income activities, not including administration. # Project Name 1 Cumberland Kitchen Renovation 2 DAHC Affordable Housing Opportunity Program 3 Fred Moore Park Improvements 4 Habitat for Humanity Project 5 Home Improvement Program 6 Homebuyer Assistance Program 7 Londonderry Playground Replacement 8 Minor Repair Program 9 Quakertown Park Restroom Replacement 10 Community Development Administration 11 Boys and Girls Club of North Texas 12 CASA of Denton County, Inc. 13 Kids Summer Camp 14 Communities in Schools 15 Denton Christian Preschool 16 Denton City County Day School 17 Denton Community Health Clinic 18 Denton Community Health Clinic - Eye Exams 19 Denton Co. Friends of the Family - Shelter 20 Denton Co. Friends of the Family - Food 21 Denton Co. MHMR Center 22 Fred Moore Nursery School, Inc. Annual Action Plan 23 2016 OMB Control No: 2506-0117 (exp. 07/31/2015) # Project Name 23 Giving HOPE - HMIS 24 Giving HOPE - Transitional Housing 25 Health Services of North Texas - Clinic 26 Health Services of North Texas - Prescription 27 Interfaith Ministries 28 Monsignor King Outreach Center 29 Opening Doors International 30 Retired Senior Volunteer Program 31 Retired Senior Volunteer Program - VISTA 32 Salvation Army of Denton 33 Special Programs for Aging Needs Table 8 Project Information Annual Action Plan 24 2016 OMB Control No: 2506-0117 (exp. 07/31/2015) Projects AP-38 Projects Summary Project Summary Information Table 9 Project Summary 1 Project Name Cumberland Kitchen Renovation Target Area Goals Supported Public Facilities and Infrastructure Improvements Needs Addressed Public Facilities and Infrastructure Improvements Funding CDBG: $15,315 Description Renovation of kitchen at Cumberland Presbyterian Children's Home. The non-profit home provides housing for vulnerable children and families. Target Date 7/31/2017 Estimate the number and type 48 people of families that will benefit from the proposed activities Location Description 1304 Bernard Street, Denton, TX 76201 Planned Activities Home to provide a central location for preparing healthily children and families. 2 Project Name DAHC Affordable Housing Opportunity Program Target Area Goals Supported Homeownership Assistance/Education Needs Addressed Funding HOME: $52,212 Description The Affordable Housing Opportunity Program provides an opportunity to buyers to purchase their first home through Denton Affordable Housing Corporation, a certified CHDO. DAHC acquires, renovates and resells single-family homes to eligible buyers. Target Date 7/31/2017 Annual Action Plan 25 2016 OMB Control No: 2506-0117 (exp. 07/31/2015) Estimate the number and type 2 households of families that will benefit from the proposed activities Location Description Denton City Limits Planned Activities Funds will be utilized to acquire, renovation, resale of two single-family homes to income-qualified first-time homebuyers by local CHDO. Funds will also be used for homebuyer assistance for a portion of down-payment and closing costs incurred by the homebuyer. 3 Project Name Fred Moore Park Improvements Target Area Goals Supported Public Facilities and Infrastructure Improvements Needs Addressed Public Facilities and Infrastructure Improvements Funding CDBG: $38,000 Description Improvements to an existing park including recreation field, shelter and updated ADA sidewalks. Fred Moore Park is located in a CDBG-eligible area. Target Date 7/31/2017 Estimate the number and type 1595 people / 92.464 Low and Moderate Income of families that will benefit from the proposed activities Location Description CT 21202 BG 1 and 3 Planned Activities Funds will be used to improve a flag football field with adjacent shelter amenity and replace sidewalks for the north end of Fred Moore Park. 4 Project Name Habitat for Humanity Project Target Area Goals Supported Homeownership Assistance/Education Needs Addressed Affordable Housing Funding HOME: $90,000 Annual Action Plan 26 2016 OMB Control No: 2506-0117 (exp. 07/31/2015) Description Habitat for Humanity of Denton County partners with the community to build affordable housing for economically disadvantages families. Habitat offers no-interest rate loans to qualified low income families. This project includes land acquisition and construction of energy efficient single-family homes in Denton, Texas. Target Date 7/31/2017 Estimate the number and type 1 household of families that will benefit from the proposed activities Location Description Denton City-Limits Planned Activities Funds will be utilized to acquire land in the city limits of Denton and the construction of a single-family energy efficient home. 5 Project Name Home Improvement Program Target Area Goals Supported Housing Rehabilitation Needs Addressed Affordable Housing Funding CDBG: $71,074 HOME: $233,237 (Includes $98,914 in reallocated funds from 2013 and 2014 funds) Description The Home Improvement Program provides assistance with rehabilitation of owner-occupied structures in targeted neighborhoods for low and moderate-income families. Funds are available in low interest loan and grant combinations. Homes that are not suitable for rehabilitation are demolished and reconstructed. Target Date Estimate the number and type 7 households of families that will benefit from the proposed activities Location Description Denton City Limits Planned Activities Funds will be utilized on rehabilitation costs and program administration costs. Project Name Homebuyer Assistance Program Annual Action Plan 27 2016 OMB Control No: 2506-0117 (exp. 07/31/2015) 6 Target Area Goals Supported Homeownership Assistance/Education Needs Addressed Homebuyer Assistance Funding CDBG: $44,703 HOME: $105,297 Description The Homebuyer Assistance Program provides homeownership opportunities for low and moderate-income families in Denton. The program provides down payment, closing costs and gap assistance to eligible households to purchase their first home in the city limits of Denton, Texas. The assistance is provided in the form of a forgivable loan for five years. The program also provides assistance with program-required repairs in the form of a grant. Target Date Estimate the number and type 10 households of families that will benefit from the proposed activities Location Description Denton City Limits Planned Activities CDBG and HOME funds will be used to provide down payment and closing costs assistance in the purchase of a first home. CDBG funds will also be used for making program- required repairs. 7 Project Name Londonderry Playground Replacement Target Area Goals Supported Public Facilities and Infrastructure Improvements Needs Addressed Public Facilities and Infrastructure Improvements Funding CDBG: $98,398 General Fund: $15,000 Description Improvements to the Londonderry playground equipment located in South Lakes Park. The project is located in a CDBG- eligible area. Target Date Estimate the number and type 3405 people / 61.23% Low and Moderate Income of families that will benefit from the proposed activities Annual Action Plan 28 2016 OMB Control No: 2506-0117 (exp. 07/31/2015) Location Description South Denton in CT 213.04 BG2 and CT 213.05 BG 2 Planned Activities Funds will be utilized to remove the existing playground equipment that is in disrepair and install a new playground structure. 8 Project Name Minor Repair Program Target Area Goals Supported Housing Rehabilitation Needs Addressed Affordable Housing Funding CDBG: $169,176 (Includes $10,500 in reallocated funds from 2015 funds) Description Program serves low-income homeowners by providing a grant of up to $5,000 for repairs. Repair cannot be covered by homeowners insurance. Target Date 7/31/2017 Estimate the number and type 40 households of families that will benefit from the proposed activities Location Description Denton City Limits Planned Activities Funds will be utilized on rehabilitation costs and program administration costs. 9 Project Name Quakertown Park Restroom Replacement Target Area Goals Supported Public Facilities and Infrastructure Improvements Needs Addressed Public Facilities and Infrastructure Improvements Funding CDBG: $150,000 General Fund: $100,000 Description Project consists of replacing the restroom facilities in Quakertown Park with an ADA compliant restroom facility. The park is located in a CDBG-eligible area. The current restroom building was built in the 1960's and in need of replacement and it is not ADA compliant. Target Date 7/31/2017 Annual Action Plan 29 2016 OMB Control No: 2506-0117 (exp. 07/31/2015) Estimate the number and type 4685 people / 81.906% Low and Moderate of families that will benefit from the proposed activities Location Description Quakertown Park at 326 Wither Street, Denton Texas in CT 204.03 BG 3; CT 206.01 BG 2 and 3; CT 206.02 BG 3; CT 207 BG 3; CT 211 BG 1; CT 212.02 BG 1 and 3 Planned Activities Funds will be utilized to remove the current restroom facility and construct an ADA compliant restroom facility. 10 Project Name Community Development Administration Target Area Goals Supported N/A Needs Addressed Funding CDBG: $177,527 HOME: $42,252 General Fund: $312,458 Description Program administration for the CDBG and HOME grants that includes program management, coordination, and monitoring associated with carrying out eligible activities. Target Date 7/31/2017 Estimate the number and type Not Applicable of families that will benefit from the proposed activities Location Description Not Applicable Planned Activities Funds will be used to cover the cost of planning, administering, operating and monitoring the CDBG and HOME programs. 11 Project Name Boys and Girls Club of North Texas Target Area Goals Supported Public Services Needs Addressed Provision of Public Services Funding General Fund: $6,200 Annual Action Plan 30 2016 OMB Control No: 2506-0117 (exp. 07/31/2015) Description Program help at risk youth develop a strong sense of self and provides them with the tools needed to succeed academically, develop positive character traits and citizenship skills while learning to live a more healthy life. Target Date 9/30/2017 Estimate the number and type 25 people of families that will benefit from the proposed activities Location Description 303 Alamo Avenue, Lake Dallas TX Planned Activities These funds will be used to provide free after school program services to 20 youth for the school year and 5 in the summer camp program. 12 Project Name CASA of Denton County, Inc. Target Area Goals Supported Public Services Needs Addressed Provision of Public Services Funding General Fund: $20,000 Description CASA serves children removed from their homes and placed in foster care because of abuse/neglect. Activities focus on investigation and monitoring of a child's situation while "in the system," representing their best interests by making recommendations to the judge on behalf of the child throughout the life of a case and for a permanent home. Target Date 9/30/2017 Estimate the number and type 530 people of families that will benefit from the proposed activities Location Description 614 N. Bell Ave., Denton, TX Planned Activities CASA will use funds to pay a portion of salary and possibly payroll taxes and/or benefits for one of seven casework supervisor positions. 13 Project Name Kids Summer Camp Target Area Goals Supported Public Services Annual Action Plan 31 2016 OMB Control No: 2506-0117 (exp. 07/31/2015) Needs Addressed Provision of Public Services Funding CDBG: $27,000 General Fund: $23,005 Description The COD Kids Summer Camp provides various cooperative games for indoor and outdoor activities, arts & crafts, field trips, and swimming. These activities are designed to: Integrate recreation with tutorial mentoring efforts and teach important values and life skills such as leadership, respect for others and self. Target Date 8/31/2017 Estimate the number and type 56 children of families that will benefit from the proposed activities Location Description 321 E. McKinney St, Denton, TX Planned Activities Funds will help provide the recreational and educational program services and includes the cost of transportation for the campers. 14 Project Name Communities in Schools Target Area Goals Supported Public Services Needs Addressed Provision of Public Services Funding General Fund: $20,000 Description CISNT Dropout Prevention Case Management Programs serves marginalized DISD students in grades K-12th who face academic challenges and are designated as at-risk of dropping out of school based on the Texas Education Agencys 13 at-risk criteria. Target Date 9/30/2017 Estimate the number and type 550 students of families that will benefit from the proposed activities Location Description CISNT services will take place at Denton ISD at Borman Elementary, Rivera Elementary, Calhoun Middle School, Myers Middle School, and Denton High School Annual Action Plan 32 2016 OMB Control No: 2506-0117 (exp. 07/31/2015) Planned Activities Partial salary support for direct dropout prevention service providers in Denton ISD at Borman Elementary, Rivera Elementary, Calhoun Middle School, Myers Middle School, and Denton High School. 15 Project Name Denton Christian Preschool Target Area Goals Supported Public Services Needs Addressed Provision of Public Services Funding General Fund: $26,000 Description Denton Christian Preschool offers developmentally appropriate early education for children ages three and four who are educationally at-risk on a sliding scale tuition. Target Date 9/30/2017 Estimate the number and type 100 children of families that will benefit from the proposed activities Location Description 1114 W. University Dr., Denton, TX Planned Activities Funds are to be used for salaries for classroom teacher and bus driver. 16 Project Name Denton City County Day School Target Area Goals Supported Public Services Needs Addressed Provision of Public Services Funding CDBG: $36,000 Description Denton City County Day School is a nonprofit preschool program serving children ages 2 to 5 years on a sliding scale tuition. DCCDS provides full day preschool education for kindergarten readiness. Students receive 2 meals and an afternoon snack. Curriculum theme based subjects include math/science, art/music, circle time/fine arts, early literacy and physical education. Target Date 9/30/2017 Annual Action Plan 33 2016 OMB Control No: 2506-0117 (exp. 07/31/2015) Estimate the number and type 140 children of families that will benefit from the proposed activities Location Description 1603 Paisley Street, Denton, TX Planned Activities City of Denton Funding will be used to supplement classroom aries. 17 Project Name Denton Community Health Clinic Target Area Goals Supported Public Services Needs Addressed Provision of Public Services Funding General Fund: $18,250 Description Assist patients to access the community resources that they need. Coordinate care with other community resources to ensure that the patients are able to meet their needs. Target Date 9/30/2017 Estimate the number and type 350 people of families that will benefit from the proposed activities Location Description 525 S. Locust St., Suite 200, Denton, TX Planned Activities The funds will support case manager services for intense case management and support services for coordinated care. 18 Project Name Denton Community Health Clinic - Eye Exams Target Area Goals Supported Public Services Needs Addressed Provision of Public Services Funding General Fund: $7,000 Description Provide financial assistance to cover yearly diabetes eye exams to prevent secondary vision loss related to diabetes. Target Date 9/30/2017 Estimate the number and type 45 people of families that will benefit from the proposed activities Location Description 525 S. Locust St., Suite 200, Denton, TX Annual Action Plan 34 2016 OMB Control No: 2506-0117 (exp. 07/31/2015) Planned Activities The funds will be used to reimburse for eye exams and ophthalmology follow-up care and treatment. 19 Project Name Denton Co. Friends of the Family - Shelter Target Area Goals Supported Homeless Assistance Needs Addressed End Homeless Prevention Funding CDBG: $30,000 Description Residential Emergency Shelter Services is a temporary living facility that is designed to insure the client's safety. The services primarily address immediate and short-term needs of battered women and their children. Non-Residential Services are provided to individuals who are not in need of emergency shelter, but are still in need of individual and/or group counseling, legal advocacy, legal representation, or other services in order to address the trauma of domestic violence and/or sexual assault. Target Date 9/30/2017 Estimate the number and type 356 people of families that will benefit from the proposed activities Location Description Address is suppressed. Planned Activities Funds will pay for Residential Emergency Shelter Services Center Director. 20 Project Name Denton Co. Friends of the Family - Food Target Area Goals Supported Homeless Assistance Needs Addressed End Homeless Prevention Funding General Fund: $5,000 Description Denton County Friends of the Family is dedicated to providing compassionate, comprehensive services to those impacted by rape, sexual abuse, and domestic violence while partnering with our community to promote safety, healing and prevention. Health and nutrition Sustainability Program. Target Date 9/30/2017 Annual Action Plan 35 2016 OMB Control No: 2506-0117 (exp. 07/31/2015) Estimate the number and type 459 People of families that will benefit from the proposed activities Location Description Address is suppressed Planned Activities The Health & Nutrition Sustainability Program seeks to provide victims of domestic violence and/or sexual assault nutrient rich food in order to create financial stability and promote healthy living. Funds will pay for food. 21 Project Name Denton Co. MHMR Center Target Area Goals Supported Public Services Needs Addressed Provision of Public Services Funding General Fund: $22,000 Description Community Inclusion Specialists (CIS) provide direct care and training to individuals in the HCS program. Support includes individual and group community integration, transportation, and training and instruction that enables individuals with IDD to participate in the community. Target Date 9/30/2017 Estimate the number and type 32 people of families that will benefit from the proposed activities Location Description Planned Activities Funding will be used to support the salary of the direct care staff position. 22 Project Name Fred Moore Nursery School, Inc. Target Area Goals Supported Public Services Needs Addressed Provision of Public Services Funding General Fund: $48,000 Annual Action Plan 36 2016 OMB Control No: 2506-0117 (exp. 07/31/2015) Description Funding is being requested to fund 10% of teacher salaries, our largest expense at 53% of our operating budget. Our teachers are involved daily in direct service to our clients, caring for and providing early learning experiences to at risk young children, helping them to develop the foundational skills necessary for school readiness. Target Date 9/30/2017 Estimate the number and type 325 People of families that will benefit from the proposed activities Location Description 821 Cross Timber Street, Denton, TX Planned Activities Funds are being requested to support teacher salaries. 23 Project Name Giving HOPE - HMIS Target Area Goals Supported Public Services Needs Addressed Provision of Public Services Funding General Fund: $9,000 Description Homeless Management Information System (HMIS) is a client database used to capture important client data for grants and reporting purposes. The HMIS specialist provides technical assistance to ensure data quality to all HUD-funded agencies, in addition to non-HUD funded agencies Target Date 9/30/2017 Estimate the number and type 1077 hours of families that will benefit from the proposed activities Location Description 117 W. Sycamore Street, Denton Texas Planned Activities City funds will pay staff salary costs for HMIS Data Support specialist to provide support for HMIS Data quality, technical assistance for HMIS Users and facilitate collaboration and capacity building through HMIS data sharing. 24 Project Name Giving HOPE - Transitional Housing Target Area Goals Supported Homeless Prevention Annual Action Plan 37 2016 OMB Control No: 2506-0117 (exp. 07/31/2015) Needs Addressed End Homeless Prevention Funding General Fund: $28,000 Description Transitional Housing is a program designed to provide housing and appropriate supportive services to homeless families with children who have other barriers (ex: education, language, transportation), in addition to homelessness, which impedes their ability to be self-sufficient. Target Date 9/30/2017 Estimate the number and type 51 People of families that will benefit from the proposed activities Location Description 117 W. Sycamore Street, Denton Texas Planned Activities City funds will pay a portion of the salary for the Transitional Housing Program/Case Manager and a portion of the client rent, utility costs, and partial transportation and childcare costs for at least 10 households. 25 Project Name Health Services of North Texas - Clinic Target Area Goals Supported Public Services Needs Addressed Provision of Public Services Funding General Fund: $25,000 Description Provides low-cost, sliding-scale fee services for adults, pediatrics, adolescents, women's health & prenatal care. Services include well visits, immunizations, treatment for acute & chronic physical and behavioral health conditions, care management and access to specialty care. Target Date 9/30/2017 Estimate the number and type 2750 people of families that will benefit from the proposed activities Location Description 4401 N. I-35 Suite 312, Denton, TX Planned Activities Funds will be used to supplement the cost of medical visits. 26 Project Name Health Services of North Texas - Prescription Target Area Annual Action Plan 38 2016 OMB Control No: 2506-0117 (exp. 07/31/2015) Goals Supported Public Services Needs Addressed Provision of Public Services Funding General Fund: $6,180 Description Prescription Assistance Program provides low-income, uninsured patients with no third party prescription coverage access to free or low-cost medications provided by pharmaceutical companies. Patients are assisted with finding assistance programs & submitting applications. Medications are provided in a 90-day supply. Target Date 9/30/2017 Estimate the number and type 680 People of families that will benefit from the proposed activities Location Description 4401 N. I-35 Suite 312, Denton, TX Planned Activities The requested funds will enable HSNT to provide two prescription medications to eligible clients and cover the cost of the annual fee required to enroll into program. 27 Project Name Interfaith Ministries Target Area Goals Supported Homeless Prevention Needs Addressed End Homeless Prevention Funding General Fund: $5,000 Description The Rent & Shelter Assistance program at Interfaith Ministries is designed to provide short-term financial assistance for rent payments to families enduring a financial hardship. Assistance is meant to help families avoid eviction or homelessness and to assist them in regaining financial stability and permanent housing. Target Date 9/30/2017 Estimate the number and type 300 people of families that will benefit from the proposed activities Location Description 1109 N. Elm St., Denton Texas Planned Activities Funds will be used to provide rental assistance. Annual Action Plan 39 2016 OMB Control No: 2506-0117 (exp. 07/31/2015) 28 Project Name Monsignor King Outreach Center Target Area Goals Supported Homeless Assistance Needs Addressed End Homeless Prevention Funding General Fund: $5,000 Description Monsignor King Outreach Center provides shelter, at least one hot meal, toiletries, access to laundry facilities, referrals to social service agencies and fellowship to those needing it during times of inclement weather: 32 F or less or 100 F or more. The shelter is open from 5p to 8a on those days and security is provided from 5p - 10p on evenings that the shelter is open. Renovations are currently underway to offer laundry and shower facilities, and to realize MKOC's goal of becoming a full-service day center for people who are homeless within the City of Denton. In anticipation of this goal, MKOC is expanding its nights of operation to include an anticipated 80 additional evenings for a total of 160. MKOC is requesting funding of $7,000 to provide for increased security costs of twice as many evenings and $2,000 to pay for an external audit. Target Date 9/30/2017 Estimate the number and type 167 people of families that will benefit from the proposed activities Location Description 300 S. Woodrow Lane, Denton, TX 76205 Planned Activities Funds will support costs for security officers and agencies first annual external financial audit. 29 Project Name Opening Doors International Target Area Goals Supported Public Services Needs Addressed Provision of Public Services Funding General Fund: $7,500 Annual Action Plan 40 2016 OMB Control No: 2506-0117 (exp. 07/31/2015) Description Yes, it Happens Here Program: Human trafficking is a health, security, and moral issue. It erodes and harms our communities & endangers lives, but most people don't believe it happens in THEIR city. Yes, It Happens Here raises awareness of the dangers of trafficking, educates children, businesses & the community-at-large, and keeps our kids smart & safe. - Presentations given throughout the City of Denton, at after- school programs, clubs, schools, etc. Target Date 9/30/2017 Estimate the number and type 3000 people of families that will benefit from the proposed activities Location Description 2200 N. Bell Avenue, Denton, TX 76209 Planned Activities Funds will support the cost of delivering an educational program materials to students. 30 Project Name Retired Senior Volunteer Program Target Area Goals Supported Public Services Needs Addressed Provision of Public Services Funding General Fund: $12,000 Description Volunteers 55 and older are "matched" with identified needs of the community via 85 nonprofits which align with Focus areas. RSVP also has signature programs such as Seniors for Health, Immunization and Prevention Program (SHIPP), Rockin' Readers, and income tax assistance for low income families. Target Date 9/30/2017 Estimate the number and type 610 volunteers of families that will benefit from the proposed activities Location Description 1316 E. McKinney, Denton, TX Planned Activities Funding will be used for effective management of RSVP volunteers in the City of Denton and corresponding City of Denton nonprofits. Costs will include recognition, training, promotion of volunteer requests, volunteer interviews, travel, site visits, staff time, and program management. Annual Action Plan 41 2016 OMB Control No: 2506-0117 (exp. 07/31/2015) 31 Project Name Retired Senior Volunteer Program - VISTA Target Area Goals Supported Public Services Needs Addressed Provision of Public Services Funding General Fund: $6,500 Description AmeriCorps VISTA (Volunteers in Service to America) is a national service project dedicated to the eradication of poverty. VISTA members dedicate one year of full time service to build capacity in non-profit agencies to develop and enhance programs to bring communities out of poverty. Target Date 9/30/2017 Estimate the number and type 12 people at 11 agencies of families that will benefit from the proposed activities Location Description 1316 E. McKinney, Denton, TX Planned Activities Funds will support the cost share for agencies accepting 32 Project Name Salvation Army of Denton Target Area Goals Supported Homeless Assistance Needs Addressed End Homeless Prevention Funding CDBG: $20,000 Description Shelter K.A.R.E. Kitchen: Serves breakfast and dinner daily to shelter clients and community members. Breakfast is served from 6:00am to 7:00am and Dinner from 6:00pm to 7:00pm. Food Pantry: Gives groceries monthly to individuals and families in the community who express a need and is open on Wednesdays and Fridays from 1:00pm to 4:00pm. Target Date 9/30/2017 Estimate the number and type 2138 people of families that will benefit from the proposed activities Location Description 1508 East McKinney Street, Denton, TX Annual Action Plan 42 2016 OMB Control No: 2506-0117 (exp. 07/31/2015) Planned Activities Funds will support the purchase of food supplies for our K.A.R.E. Kitchen and purchase grocery items for the Food Pantry. 33 Project Name Special Programs for Aging Needs Target Area Goals Supported Public Services Needs Addressed Provision of Public Services Funding CDBG: $18,945 General Fund: $3,370 Description Our senior nutrition program provides hot, nutritionally regulated noon-time meals to seniors every Monday - Friday. Congregate meals are provided at 4 Denton locations. Meals for home-bound seniors are delivered by caring volunteers that provide a daily check-in as well. Delivered at Denton Senior Center, American Legion Senior Center, Primrose Apartments, Heritage Oaks Apartments, 6 other area locations Target Date 9/30/2017 Estimate the number and type 1050 People of families that will benefit from the proposed activities Location Description 1800 Malone Street, Denton, TX Planned Activities Funds will be used to assist with the purchase of food for home delivered and congregate meals. Annual Action Plan 43 2016 OMB Control No: 2506-0117 (exp. 07/31/2015) AP-50 Geographic Distribution 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed large or extensive housing, economic development or public works projects. Geographic standards do not apply to city-wide programs such as Minor Repair, Homebuyer Assistance and public services programs. The small amount of funds available, and continued reductions for the past several years has limited the use of funds. Public facility and public improvement projects have been completed in - Geographic Distribution Target Area Percentage of Funds Table 10 - Geographic Distribution Rationale for the priorities for allocating investments geographically The City of Denton does not currently direct its investments in specific geographic areas. Discussion Housing assistance investments, including the Minor Repair, Home Improvement and Homebuyers Assistance programs are based on a first-come, first-served basis and there are no specific geographic areas. However, the Home Improvement program does set forth some specific guidelines regarding the age of the housing. Regardless of the area income, housing units that were built 20 years ago or less, are not eligible for Home Improvement Program assistance and units that were built 15 years ago or less are not eligible for the Minor Repair Program. These requirements support the use of funds in older neighborhoods. All investments in public facilities and/or public improvements are based on requests received from residents of the low to moderate-income block groups and other areas of the city. City staff members also develop proposed projects based on identified needs in low to moderate-income areas. After requests have been made, City staff will assess the need for the improvement and the project cost. The use of CDBG funds, and are projects with costs that can be covered under the CDBG allocation. Annual Action Plan 44 2016 OMB Control No: 2506-0117 (exp. 07/31/2015) Affordable Housing AP-55 Affordable Housing 91.220(g) Introduction ing affordable housing units and encouraging and maintaining standard affordable rental units for low and moderate income persons. For the 2016-17 program year, these priorities will be addressed through the following activities: acquisition, rehabilitation and resale of affordable homes by the Denton Affordable Housing Corporation, new construction of a single-family unit by Habitat for Humanity, rehabilitation or reconstruction of 4 housing units through the Home Improvement Program, minor rehabilitation of 40 housing units through the Minor Repair Program and down payment assistance for 10 homebuyers through the Homebuyer Assistance Program using residual funds from prior years. One Year Goals for the Number of Households to be Supported Homeless 0 Non-Homeless 47 Special-Needs 13 Total 60 Table 11 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 0 The Production of New Units 1 Rehab of Existing Units 47 Acquisition of Existing Units 12 Total 60 Table 12 - One Year Goals for Affordable Housing by Support Type Annual Action Plan 45 2016 OMB Control No: 2506-0117 (exp. 07/31/2015) AP-60 Public Housing 91.220(h) Introduction The City of Denton has no public housing units. Actions planned during the next year to address the needs to public housing The City of Denton has no public housing units. Actions to encourage public housing residents to become more involved in management and participate in homeownership The City of Denton has no public housing units. If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance The City of Denton has no public housing units. Discussion Not applicable. Annual Action Plan 46 2016 OMB Control No: 2506-0117 (exp. 07/31/2015) AP-65 Homeless and Other Special Needs Activities 91.220(i) Introduction This section describes the activities planned during the 2016-17 program year to address the needs of persons who are homeless and other non-homeless needs. Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs Homelessness is experienced in a variety of settings, and includes multiple entry points. In Denton, there are various systems of care that provide housing and supportive services to those experiencing homelessness to assist them in ending their homelessness. Through successful community-wide collaboration efforts many of these programs now take the form of collaborative case management and coordinated delivery of street outreach, supportive housing, rapid re-housing, and prevention of homelessness programs. The collection of community-wide data provides the necessary foundation to ensure there is a measure of collective impact and helps those delivering programs and services make informed decisions. In order to reach out to the homeless and assess their individual needs, three short-term strategies will be supported: 1. Collaborating with the United Way to facilitate the implementation of the collective impact initiative, the Homeless Leadership team, working to create a system-wide community solutions to reducing homelessness 2. Ensuring continued delivery of quality housing and supportive services programs for the homeless and those at-risk of homelessness. 3. Providing a collaborative environment for community-wide data collection efforts that inform and educate the City and partner housing and supportive services programs. Addressing the emergency shelter and transitional housing needs of homeless persons The City of Denton addresses the emergency, transitional, supportive, and rapid rehousing housing Grant and other funding sources like the Emergency Solutions Grant Funds awarded through the Texas Department of Housing and Community Affairs (TDHCA). These grants are examples of how the City leverages tax revenues, state of Texas distributed federal ESG funds, and federal CDBG funds. The City of Denton has three emergency shelters, the Salvation Army serving the unsheltered homeless; Monsignor King Outreach Center serving the unsheltered homeless in inclement weather situations; and Denton Annual Action Plan 47 2016 OMB Control No: 2506-0117 (exp. 07/31/2015) County Friends of the Family serving victims of sexual assault and domestic violence. Transitional, Supportive, and Rapid Rehousing are other housing strategies targeted to the homeless. Giving Hope, Inc., in partnership with the Denton Affordable Housing and other non-profits, provides housing assistance programs that combine case management, supportive services, and housing assistance to help the homeless individuals and families to achieve and maintain self-sufficiency. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again The City will financially support a community organized collective Impact initiative with its funding partner the United Way of Denton County. In addition, the City will support collaborative efforts of the Denton County Homeless Coalition (DCHC) and other service sector programs to ensure the community is organized to advocate; coordinate service delivery; improve effective use of available resources and provide leadership for long-term planning efforts among various homeless providers, homeless advocates and across multiple sectors. Strategies to move the homeless to housing and to shorten the length of time a person or family experiences homeless involve: Supporting a coordinated access network to significantly reduce the time it takes for a person who is homeless to identify and access the appropriate services. Improving community capacity by seeking to increase local resources for housing programs including housing location and stabilization resources; case management; and supportive services. Facilitating coordination of case management and supportive services to help the homeless have access to the services necessary to secure housing and maintain housing stability. Increasing supportive housing options for those with prioritized special needs Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs. One of the outcomes of local efforts will be to ensure there are resources to prevent individuals and families at risk, from becoming homeless in the first place. The most effective tool to assisting low- income individuals and families avoid becoming homeless, especially those who are likely to become Annual Action Plan 48 2016 OMB Control No: 2506-0117 (exp. 07/31/2015) homeless after being discharged from a publicly funded institution or system of care, or who are receiving assistance from public and private agencies that address housing, health, social services, employment, education or youth needs, is through local collective impact initiatives. Collective impact provides a framework for a system of collaboration among all the systems of care in the community. By developing a common agenda, shared measures, mutually reinforcing activities, continuous communication and providing backbone support to these initiatives, Denton can ensure low-income families avoid becoming homeless, the homeless obtain housing, and the community will have adequate resources to provide the supportive services necessary to help those in need sustain permanent housing. Strategies will also identify areas to maximize community capacity by seeking to increase funding dedicated to homelessness prevention programs including housing stabilization resources; case management; and supportive services needed to help sustain housing. Annual Action Plan 49 2016 OMB Control No: 2506-0117 (exp. 07/31/2015) AP-75 Barriers to affordable housing 91.220(j) Introduction Analysis of Impediments to Fair Housing Choice (AI). Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment s to Fair Housing does not indicate that the current public policies create barriers to affordable housing. 1. In February 2002, the City of Denton adopted the Denton Development Code, a document that unifies elements of zoning, subdivision regulation, environmental protection, site design standards, and other development regulation. 2. The zoning regulations contain 10 districts that allow single-family dwellings. Mixed-use structures are encouraged in some districts allowing the development of retail or office on lower floors with multi-family residential above. (and formerly The Denton Plan), will continue to guide the regulatory framework to encourage a diversity of population and income levels, accessibility to employment, recreation, school and community uses, and connection to public transit. 3. Construction codes allow for the renovation of existing, usually older and more affordable units. Under these codes, units would not have to bear the increased costs of new construction codes unless a health or safety issue is present. 4. Lots of record which may not meet current area requirements circumstances. 5. The City of Denton building code requirements are reviewed by the Health and Building Standards Commission. This commission is a council-appointed citizen committee. Members are generally from the development community and are careful to ensure that adopted codes do not discourage development activities. 6. The number of affordable housing units in the City of Denton as compared to other communities in Denton County indicates that current development policies do not hinder the development of a variety of housing units, including affordable units. Annual Action Plan 50 2016 OMB Control No: 2506-0117 (exp. 07/31/2015) AP-85 Other Actions 91.220(k) Introduction This section reports additional effects the City will undertake during the 2016-17 program year to g and community development needs. Actions planned to address obstacles to meeting underserved needs Seek out additional funding sources to support housing and public services activities; Assist local non-profit organizations in obtaining grants or other funding to support their efforts; support homeless prevention and services for the homeless; Continue to support existing public (social) services programs through the allocation and administration of City of Denton general fund dollars. included in the Denton Plan 2030. Actions planned to foster and maintain affordable housing Continue to provide down payment, closing cost, and principal reduction assistance to low and moderate-income homebuyers through the Homebuyer Assistance Program; Fund new affordable housing development through Habitat for Humanity of Denton County; C moderate income homeowners with repairs to their homes to meet their needs for safe and decent housing; (DAHC) efforts to increase the number of affordable housing units including their Affordable Housing Opportunity and Rental Rehabilitation programs; Work with the Denton Housing Authority to support the development of additional affordable housing and obtain additional housing vouchers if available. included in the Denton Plan 2030. Actions planned to reduce lead-based paint hazards During the 2016-17 program year, Denton plans to reduce lead-based hazards in Denton by ensure that all lead-based regulations are met throughout any housing rehabilitation construction activity performed on homes built prior to 1978 including the Minor Repair Program, Home Improvement Progra Opportunity Program. Denton will also seek opportunities to educate the public, housing services customers, and contractors regarding the hazards of lead-based paint. Annual Action Plan 51 2016 OMB Control No: 2506-0117 (exp. 07/31/2015) Actions planned to reduce the number of poverty-level families The City of Denton will continue to work with local non-profit organizations to administer programs designed to support lower income individuals and families. These programs will assist households in improving their financial status. Programs include: 1) free and/or low cost health care; 2) affordable child care; 3) mental health care services; 4) support for elderly households and others; 5) develop housing initiatives to support veterans; 6) support jobs programs. income persons having the opportunity to earn higher wages. The City of Denton Economic Development staff participates with regional municipalities and the local Texas Workforce Commission Board in the North Central Texas Regional Economic Development Steering Committee for the purpose of addressing existing and future workforce skills needs of our respective and regional employers. The Committee is a participant in Texas skill sets of individuals for jobs in high-demand occupations in our respective region and cities. elopment Partnership Board adopted a Strategic Plan that provides a expertise and internship opportunities to students en certification training programs covering 11 career fields. Dual high-school/college credit classes are offered to high school juniors and seniors. North Central Texas College (NCTC) has developed certifications and associate degree programs for specific industry partners, such as the Petroleum Technology Certification and Associate Degree options. NCTC is a partner to businesses utilizing Skills Training grant funds. Actions planned to develop institutional structure The two institutional gaps stated in the 2015-2019 Consolidated Plan included the provision of homebuyer education classes for low and moderate-income new homebuyers and supportive housing. To meet the homebuyer education class during the 2016-17 program year, Denton is planning on investigating partnerships with Green Path Solutions, a local housing counseling non-profit, Denton Affordable Housing Corporation and/or the State of Texas to develop a more comprehensive educational program. As discussed in SP-40 the City will support a community organized collective Impact initiative with its funding partner the United Way of Denton County. In addition, the City will support collaborative efforts of the Denton County Homeless Coalition (DCHC) and other service sector programs to ensure the community is organized to advocate; coordinate service delivery; improve effective use of available resources and provide leadership for long-term planning efforts among various homeless providers, homeless advocates and across multiple sectors. Strategies to move the homeless to housing and to shorten the length of time a person or family Annual Action Plan 52 2016 OMB Control No: 2506-0117 (exp. 07/31/2015) experiences homeless involve: Supporting a coordinated access network to significantly reduce the time it takes for a person who is homeless to identify and access the right services needed. Improving community capacity by seeking to increase local resources for housing programs including housing location and stabilization resources; case management; and supportive services. Facilitating coordination of case management and supportive services to help the homeless have access to the services necessary to secure housing and maintain housing stability. Increasing supportive housing options for those with prioritized special needs Actions planned to enhance coordination between public and private housing and social service agencies The City of Denton has a very strong network of service providers including those providing housing, education, health care and other needed services. Over the past four years, the United Way of Denton County, the City of Denton, the Denton Independent School District and other organizations have joined together to review and discuss the provision of services in the Denton area in an attempt to maximize the benefits derived from available resources. Below is a list of the committees that have been developed to assist in improving the coordination of services: Denton County Homeless Coalition Homeless Leadership Team, collective impact project Behavioral Health Leadership Team, a collective impact project Community Health Council Denton Hunger Coalition Early Childhood Coalition serving the North Texas Region City of Denton Community Development (CD) staff members will continue to participate in the above committees during the 2016-17 program year. The City is part of a strong team of service providers who are working to improve services for the low income community. In addition, the Mayor of Denton convened a Task Force in 2015 supported by Community Development (CD) staff to look at the issue of homelessness. Three priorities were identified by the task Annual Action Plan 53 2016 OMB Control No: 2506-0117 (exp. 07/31/2015) force. 1. Funding Increase in Available Resources 2. Housing Coordinated, Accessible, and Affordable 3. System Design to establish a network of Community Collaboration Nested in the ideas for program and housing interventions for the homeless was stronger community collaboration around shared community goals to end homelessness; better data collection and sharing; involvement of a wider audience of stakeholders; and more intentional effort to help educate and inform the community about solutions to homelessness and community impact efforts. Ultimately, the priorities that the task force recommended to City Council for their support and consideration were to seek funding to seed new collaborative projects. The task force recommendations have resulted in a public private partnership between the City of Denton and the United Way of Denton County to fund a coordinator position to oversee a collective impact project that will develop and implement community-wide coordinated strategies toward the shared goal of ending homelessness. Discussion Not applicable. Annual Action Plan 54 2016 OMB Control No: 2506-0117 (exp. 07/31/2015) Program Specific Requirements AP-90 Program Specific Requirements 91.220(l)(1,2,4) Introduction This section will describe activities planned with respect to all CDBG funds expected to be available during the program year (including program income that will have been received before the start of the next program year). Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(l)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 3. The amount of surplus funds from urban renewal settlements 0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5. The amount of income from float-funded activities 0 Total Program Income: 0 Other CDBG Requirements 1. The amount of urgent need activities 0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 80.23% HOME Investment Partnership Program (HOME) Reference 24 CFR 91.220(l)(2) 1. A description of other forms of investment being used beyond those identified in Section 92.205 is as follows: The City of Denton does not utilize other forms of investment beyond those identified in 92.205(b). Annual Action Plan 55 2016 OMB Control No: 2506-0117 (exp. 07/31/2015) The City will not permit other forms of investment without the prior approval of HUD. 2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows: The City of Denton utilizes HOME funds to provide assistance to first-time homebuyers with closing costs, down payment, prepaids and principal reduction through the City's Homebuyer Assistance Program and DAHC's Affordable Housing Opportunity Program. The maximum HOME subsidy for both programs will be $14,900. The HOME subsidy sets up a 5-year recapture period and is provided as a deferred forgivable loan at a 0% interest rate. Denton utilizes recapture for both programs as required by 24 CFR 92.254(a). Recapture occurs when the homebuyer sells the property during the affordability period, or when the recipient of HOME funds defaults by leasing the property, fails to maintain the property as a primary residence, the property is foreclosed on by any lender, or when the recipient violates the covenants contained in the Written Agreement between the homebuyer and the City of Denton or DAHC. The terms of recapture are contained in the Written Agreement. Homebuyers that receive direct down payment, closing cost, principal buydown assistance and/or a reduction of the sales price to below the market value to make the unit(s) affordable, will meet the affordability period if they remain in the home for the full required period of affordability as determined by the amount of the assistance received (five to fifteen years). The actual required period of affordability will be based on the total amount of the direct HOME assistance provided as noted below. The effective date of the beginning of the required period of affordability is the date all completion data is entered into IDIS and as documented by a fully executed HUD-1, a copy of of the net sales proceeds from the sale, if any, will be returned to be used for other HOME-eligible activities. The portion of the net sales proceeds that is returned is equal to the amount of HOME funds invested in the property less the amount for each full month that the residence was occupied by the homebuyer or property owner as his/her/their principal residence. Any funds remaining after the distribution of the net sales proceeds to all lien holders, including the City of Denton, will be returned to the homeowner. In the event of a sale, short sale or foreclosure, the amount occurrence. If there are insufficient funds remaining from the sale of the property and the City recaptures less than or none of the recapture amount due, and maintain data in each individual file that provides the amount of the sale and the distribution of the funds. This will document that there were no net sales proceeds; or the amount of the net sales proceeds was insufficient to cover the full amount due; and that no proceeds were distributed to the homeowner. Other than the actual sale of the property, if the homebuyer breaches the terms and conditions for Annual Action Plan 56 2016 OMB Control No: 2506-0117 (exp. 07/31/2015) any other reason, e.g. no longer occupies the property as his/her/their principal residence, the full amount of the subsidy is immediately due and payable. Denton must immediately repay its HOME Treasury Account, from non-federal funds, for the full amount of the assistance provided whether or not it can recoup any or all of the funds from the homebuyer. 3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds. See 24 CFR 92.254(a)(4) are as follows: Federal assistance will be provided in the form of a 0% interest, deferred payment loan and will be secured by a HOME Written Agreement, Promissory Note and a Deed of Trust, fully executed and dated by all applicable parties. The Deed of Trust is recorded in the Real Property Records of Denton County. 4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows: The City of Denton does not currently use HOME funds to refinance existing debt secured by multi- family housing that is being rehabilitated with HOME funds. Discussion Under the HOME program, eligible applicants must have household income at or below 80% of the AMI and meet program guidelines to be eligible. Funding is available on a first-come first-serve basis and funding is available. Applications for program assistance are available at the Community Development (CD) Office. Under the Home Improvement Program, interested applicants complete a preliminary waiting list application and as funds are available, CD Staff will submit a letter requesting that if still interested an appointment can be made to assist with the application. Under the Homebuyer Assistance Program, interested applicants apply for a mortgage company and if eligible for a mortgage loan, the mortgage company submits application to the Community Development Division. CD staff schedule an appointment with the applicant to review application and guidelines. Information on the programs is available on the City of Denton's website. The budget process for Denton's community development programs begins almost one year in advance of the fiscal year. HUD notifies the City as to the level of funding expected, the public participation process begins, applications are solicited locally and received by the Community Development Staff, the Community Development Advisory (CDAC) and the Human Services Advisory (HSAC) Committees. Recommendations are then formulated and presented to the Mayor and the City Council. The final step is the submittal of the City's formal application to HUD for the funds allocated to Denton. The City's application is called the Action Plan. The City of Denton's fiscal year runs from August 1 to July 31. For example, Fiscal Year 2016 will begin August 1, 2016 and will run through July 31, 2017. Annual Action Plan 57 2016 OMB Control No: 2506-0117 (exp. 07/31/2015) Any nonprofit or for-profit groups, especially those serving the community development needs of low and moderate income people, the disabled, minorities or the elderly are encouraged to participate in the implementation of Denton's Community Development programs. Interested groups are encouraged to attend public hearings. (vi) The participating jurisdiction may limit the beneficiaries or give preferences to a particular segment of the low-income population only if described in the action plan. Annual Action Plan 58 2016 OMB Control No: 2506-0117 (exp. 07/31/2015) Community Development Advisory Committee February 11, 2016 Minutes Members Present: Adam Hasley, Cekeytra Chambers, Scott Rozell, Larry Varnes, Mary Beth Cottingham, Jodi Vicars-Nance Members Absent: Valda Morgan, Barbara Gailey, Randi Skinner Staff Present: Barbara Ross Barbara Ross called the meeting to order at approximately 11:40 am. She asked if there were any revisions to the minutes from the September 10, 2015 meeting. No revisions were requested. Larry Varnes moved that the minutes be approved as written. Scott Rozell seconded the motion. The motion was approved unanimously. Ms. Ross asked if there was any additional information needed from the applicants for CDBG and HOME funds. Cekeytra Chambers asked if Cumberland Presbyterian Child additional information regarding the kitchen and who it would be serving. Cumberland requested funds to improve their kitchen facility. Mary Beth Cottingham asked if there was a certain percentage of those using the kitchen would have to meet the low/moderate income requirements. Members discussed that the CDBG program requires that , would be the provision of services to low and moderate-income persons. Mr. Varnes asked how much funding the City would receive for the 2016-17 grant year. Ms. Ross stated that the allocation amounts for CDBG and HOME have not been released. HUD has indicated that the th allocations will be available on or before February 16. Ms. Cottingham asked why Denton City County Day School did not request any funding for the coming year. Ms. Ross stated that perhaps they did not have a need for any facility improvements. It was noted that Fred Moore Day Nursery School also did not ask for 2016-17 funding. Ms. Ross went on to explain -16 project has not started yet, due to the fact that they are getting some donatedthe donated work is complete, the final improvements to the Activity Room should be started this spring and completed by May or June. Scott Rozell asked about the location of the Londonderry playground. It was noted that the playground was on the north side of Southlake Park near the multi-family housing developments. Mr. Rozell also asked about the amount of funding that was currently available in the Minor Repair Program (MRP) budget. Ms. Ross explained that $50,000 was recently moved from the Home Improvement Program to the Minor Repair Program due to the number of calls for assistance and the fact that all prior funding for the program was about to be expended. She also explained that the $20,000 in MRP funds in the 2015 budget were for salary costs associated with the program. 1 | Page Mr. Varnes asked about the status of the 2015-16 Parks and Recreation restroom project. Ms. Ross stated that the Mayor and Council had some concerns regarding using all $80,000 for a restroom. The Parks Department attempted, but had not been able to find any additional funding. Ms. Ross stated that she talked to the Mayor and explained that the project would benefit the low and moderate- income community and possibly even some homeless persons in the area. She also talked to Jim Mays, Superintendent of Planning & Construction in the Parks Department, who indicated that the project should get started this spring. Members asked about the amount of funding to be allocated. Ms. Ross stated that it would probably be th approximately $977,000 to award to projects. At this time, the members agreed to move to the election of officers. Ms. Cottingham made a motion that Larry Varnes be elected as Chairperson. Scott Rozell seconded the motion. The motion was approved unanimously. Mr. Rozell then nominated Mary Beth Cottingham as Vice-Chair, Cekeytra Chambers seconded the motion. The motion was approved unanimously. Adam Hasley arrived at this time. Chairman Varnes reviewed the information that had been discussed by the Committee. Members discussed whether they would like to have paper copies or use their laptops to view the applications. Everyone agreed that paper copies would be best with two members, Ms. Vicars-Nance and Vice Chair Cottingham indicating that they had already printed copies. Chairman Varnes stated that the total amount requested by all applicants is $1,124.060. He indicated re would be a small shortfall but, almost all projects/programs could be funded. Ms. Ross stated that Mr. Hasley was interested in possibly funding an Economic Development project. She added that it would be helpful to discuss this with the Economic Development staff. Mr. Hasley asked if they were able to come up with a good program, could their application be considered this year. Ms. Ross stated that it would be up to the Committee. She explained that information was sent out and a deadline was set for submission of applications so, the Committee would have to decide if they would allow another application to be submitted. Chairman Varnes asked about recommendations would be presented to Council. Ms. Ross stated that the public comment period would be during the month of April and the recommendations could be taken to Council in May. It was recommended to Mr. Hasley that he work with Economic Development and possibly submit an application during the next funding cycle. Chairman Varnes asked about the attendance at the public hearings. Ms. Ross indicated that it was very low. Members discussed how to get more residents involved in the public hearings. Ms. Chambers asked what groups or individual were supposed to attend the hearings? Ms. Ross indicated that staff tries to bring in low and moderate-income residents to get their input. Ms. Chambers suggested a 2 | Page stated that they usually do that, especially in the Southeast Denton and Denia neighborhoods but, this year staff waited until early December and they were not having meetings at that time. She added that next year, the public hearings will be held in late October or early November. Ms. Chambers suggested inviting the non-profits and other organizations. Mr. Varnes suggested that staff start the outreach earlier. the hearings but, for some reason, it has declined. Ms. Ross reviewed the funding from prior years that has not yet been expended. Ms. Chambers asked if Denton Affordable Housing Corporation was the only Community Housing Development Organization (CHDO) in the area. Ms. Ross stated that they were but, that right now CD staff is waiting on information needed to continue DAHC as a CHDO. Ms. Ross also noted that the funds set pleting projects and spending Chairman Varnes noted that they are requesting $40,000 in 2016-17 funds. at it is homeowners that are at 65% or less of the area median income. She added that it was a lower income level than those receiving assistance in rehabilitating or reconstructing their homes under the Mr. Rozell aske requirement that you have no more than 1.5% of your current allocation in the Treasury 45 days before the end of the program year. She said that the City has had no problems there. However, the HOME program has recently changed their timeliness requirements and anything not committed within two years and expended within four years would be lost. Mr. Rozell noted that Habitat for Humanity has requested funding and stated that last time that they funds. Ms. Ross commented that on a project funded several years ago, that Habitat did have an income issue and funds had to be repaid. However, she said that if Habitat were funded, staff would work closely with them to ensure that they understood all the requirements. changed since 2006. Vice Chair Cottingham noted that she had volunteered with Habitat for 15 years and stated that they know how to complete these types of projects. would be approximately $70,000. Members discussed future meetings and asked that the Parks Department, Minor Repair Program and Denton Affordable Housing Corporation presentations be scheduled for the next meeting. The other applicants will present at the following meeting. Also, after the second set of presentations, the Committee will decide if they want to also discuss recommendations at that meeting or set up a separate meeting to develop these. Mr. Rozell made a motion to adjourn. Mr. Hasley seconded the motion. The meeting was adjourned. 3 | Page Community Development Advisory Committee February 26, 2016 Minutes Members Present: Adam Hasley, Barbara Gailey, Cekeytra Chambers, Jodi Vicars-Nance, Larry Varnes, Mary Beth Cottingham, Randi Skinner, Scott Rozell, Valda Morgan Staff Present: Barbara Ross Chairperson Larry Varnes called the meeting to order. He asked members if they had any revisions to th the minutes from 2/11/16. It was noted that the date needed to be corrected to February 11. Scott Rozell made a motion to approve the minutes with the date correction. Jodi Vicars-Nance seconded the motion. Barbara Gailey abstained. The corrected minutes were approved. Chairperson Varnes asked Ms. Ross if she had any announcements. She asked members to look at the calendars and determine when the next two meetings would be held. There was a brief discussion and thth members agreed to meet at noon on March 4 and 11. Ms. Ross stated that the final four th presentations would be on the 4 and the Committee could then develop their recommendations to th Council on the 11. Chairperson Varnes stated that the presentations are well-documented. Ms. Ross noted that if any additional information was needed it could be requested from the applicants. Jim Mays and Jason Donnell from the Parks Department iJim Mays and Jason Donnell from the Parks Department introduced themselves. Jim Mays explained the ntroduced themselves. Jim Mays explained the service area population for the Londonderry Playground. He stated that 1700 residents, primarily in the service area population for the Londonderry Playground. He stated that 1700 residents, primarily in the nearby apartments, were included in the service area. Mr. Mays added that residents in the multinearby apartments, were included in the service area. Mr. Mays added that residents in the multi-- family family units across Iunits across I--35 could also use the playground but, it was difficult for pedestrians to get across 35 could also use the playground but, it was difficult for pedestrians to get across the Ithe I--35 underpass. He added that they recently got a bid of $45,000 35 underpass. He added that they recently got a bid of $45,000 that would only that would only replace the slides. replace the slides. of the playground. Mr. Mays responded that it would of the playground. Mr. Mays responded that it would be around 20 years. Mr. Varnes stated that one of the things the Committee looks at it the cost per be around 20 years. Mr. Varnes stated that one of the things the Committee looks at it the cost per person. person. Mr.Mr. Rozell asked if there were any other funding sources that could be used. Rozell asked if there were any other funding sources that could be used. Mr. Mays Mr. Mays explaiexplained that new housing developmentned that new housing developmentss are required to either provide land for parks or, if it is a small are required to either provide land for parks or, if it is a small development, they would pay a fee that would be used for other park improvements. Since this area is development, they would pay a fee that would be used for other park improvements. Since this area is already developed, there is no additional funding. Ialready developed, there is no additional funding. It was noted that recent donations went to the t was noted that recent donations went to the Eureka Park project. Eureka Park project. Mr. Mays described the Fred Moore Park flag football field project. Mr. Mays stated that 95% of the Mr. Mays described the Fred Moore Park flag football field project. Mr. Mays stated that 95% of the residents in the service area are low to moderate income. A population of residents in the service area are low to moderate income. A population of approximateapproximately ly 9,000 reside9,000 residess in the adjacent area. This is currently an unused areain the adjacent area. This is currently an unused area of the parkof the park and the residents would like a flag and the residents would like a flag football field. football field. The final project discussed by Mr. Mays was the Quakertown Park restrooms. Mr. Mays stated that the The final project discussed by Mr. Mays was the Quakertown Park restrooms. Mr. Mays stated that the current restroomcurrent restrooms were built in 1963 and there are s were built in 1963 and there are some some major plumbing problemsmajor plumbing problems with the facilitywith the facility. . Also, it was pointed out that the current restrooms are not Also, it was pointed out that the current restrooms are not ADA ADA accessible. Mr. Mays showed the accessible. Mr. Mays showed the possible types of restrooms that could be constructed. Mr. Rozell askedpossible types of restrooms that could be constructed. Mr. Rozell asked,, iif the restrooms have been f the restrooms have been there since 1963, why isthere since 1963, why is Parks just now considering replacement. Mr. Mays responded that the Parks Parks just now considering replacement. Mr. Mays responded that the Parks Department has not been able to sell bond to complete these projects. Department has not been able to sell bond to complete these projects. Mary Beth Cottingham stated Mary Beth Cottingham stated 1 | Page project. project. Mr. Mays confirmed her statement and Mr. Mays confirmed her statement and described the bond funding that would be needed for described the bond funding that would be needed for this type of project. Cekeytra Chambers asked if Quakertown this type of project. Cekeytra Chambers asked if Quakertown Park Park is always busy or just is always busy or just busy every once busy every once in a while. Mr. Mays stated that it was a feature park and festivals are often held there. Ms. Gailey in a while. Mr. Mays stated that it was a feature park and festivals are often held there. Ms. Gailey noted that they bring in portables for the festivals. Jodi Vicarsnoted that they bring in portables for the festivals. Jodi Vicars--Nance asked if the restrooms would Nance asked if the restrooms would serve Denton citizensserve Denton citizens dailydaily. Mr. . Mr. Mays stated that it would be for the citizens in the area. Mays stated that it would be for the citizens in the area. Valda Morgan asked about the line item for personnelValda Morgan asked about the line item for personnel in each of the requestsin each of the requests. Mr. Mays stated that . Mr. Mays stated that hours spent hours spent on the project. He added that the projecton the project. He added that the projectss would be bid out. would be bid out. CDAC members had some additional questions. Mr. Rozell asked if Parks was provided with $38,000 for CDAC members had some additional questions. Mr. Rozell asked if Parks was provided with $38,000 for the the flag football flag football field, could it be completed. Mr. Mays indicated that they cfield, could it be completed. Mr. Mays indicated that they could complete the project. ould complete the project. Ms. Chambers asked about what appeared to be a concrete wall and Mr. Mays indicated it was a Ms. Chambers asked about what appeared to be a concrete wall and Mr. Mays indicated it was a sidewalk. Ms. Morgan asked about fencing. Mr. Donnell indicated that there was already a fence on sidewalk. Ms. Morgan asked about fencing. Mr. Donnell indicated that there was already a fence on site. Mr. Varnes asked about the resite. Mr. Varnes asked about the restrooms at the splashpark. It was indicated that the strooms at the splashpark. It was indicated that the 20152015--16 16 project project should be completed by June or July. Mr. Rozell asked what the priorities were. Mr. Mays commented should be completed by June or July. Mr. Rozell asked what the priorities were. Mr. Mays commented that it would probably be the project that served the greatest number of people. that it would probably be the project that served the greatest number of people. Ms.Ms. Gailey asked if Gailey asked if safety should be a priority. Mr. Mays indicated that the new safety should be a priority. Mr. Mays indicated that the new Londonderry Londonderry playground would ensure the playground would ensure the safety of those using it. safety of those using it. Sheila Harper, Executive Director of the Denton Affordable Housing Corporation (DAHC) presented their request for funding. She introduced Barney Cosimo, their board chair. Ms. Harper provided a brief summary regarding how the organization was started and their current activities. She indicated that they manage 92 rental units and have assisted over 200 families with housing. They also work with the Texas Department of Housing and Urban Development to fund housing projects. Ms. Harper commented that the 2016-their funding from prior years. She stated that is was very difficult to find and purchase affordable housing units at this time. Also, DAHC is no longer an approved REO purchaser of HUD foreclosures and added that HUD had changed the program such that organizations have to pay market rate rather than only closing cost assistance on two units. Mr. Varnes asked if the units had been selected. Ms. Harper indicated that the housing units had not yet been determined. Mr. Varnes also asked about the outreach DAHC does for those in need of housing. Mr. Harper indicated that she works with Cami Earhart, a local realtor who knows the community very well. Mr. Varnes stated that the request was a small amount and could all of it be spent by 2017. Ms. Harper stated that the HOME program had changed its requirements making it more difficult to complete projects. Mr. Rozell asked about the $51,979 CHDO set-aside. The 15% set-aside was discussed as the amount that would need to be provided to a certified CHDO or lost. Ms. Gailey asked if the homebuyer had to pay back the assistance money if they moved before the end of their 5-year required residency period. Ms. Harper stated that yes, they would have to pay back the assistance. Repair Program (MRP). He stated that the request was for $151,000 and that some of the funding, approximately $25,000 would go to his salary for his work on the program. Mr. Varnes asked how the City was doing in eliminating lead-based paint. Mr. Meredith stated that he could only guess that lead is in a number of units. Probably any home built before 1950 has some. Mr. Meredith added that the City 22 | | PagePage danger of lead in homes. Mr. Meredith added that under the MRP, the lead situation could certainly not be made worse. Adam Hasley asked what an average repair cost was. Mr. Meredith said it was approximately $3,500. He also stated that repair costs are getting higher and that $125,000 would serve approximately 36 to 40 households. Mr. Rozell asked what the usual repairs were. Mr. Meredith stated that they do a lot of roofs, HVAC systems, furnaces and water heaters. Ms. Gailey asked how the recipients are chosen. Mr. Meredith said that it was first come, first served, and that the program is advertised in the newsletter that goes out to the neighborhood groups and the information is also on Ms. Cottingham asked if systems are replaced with Energy Star rated equipment. Mr. Meredith responded not necessarily in the Minor Repair Program but, Energy Star appliances are used in the Home Improvement Program. He added that staff tries to do the best they can on each project. It was noted that only CDBG can be used for the MRP. This program assists households that are below 65% of the area median income which is lower than the 80% threshold for most other programs. Members continued to discuss the presentations. Ms. Morgan asked about the Area Median Income. Ms. Ross responded that she would get the 80% and 65% income calculations out to the Committee next week. Mr. Rozell commented that purchasing a new A/C system would be difficult for a household that was at or below 65% of the area median income. Mr. Varnes indicated that there did not seem to be any controversial applicants. It was noted that the new members may be able to provide some new insights as the applications are discussed. Mr. Varnes suggested that a tour be set up so that the Committee members could see some of the projects and what has been accomplished through the use of these Federal funds. Neighborhoods are revitalized due to the good that the Committee does! Mr. Rozell made a motion to adjourn. The meeting was adjourned. 3 | Page Community Development Advisory Committee March 4, 2016 Minutes Members Present: Adam Hasley, Barbara Gailey, Cekeytra Chambers, Jodi Vicars-Nance, Larry Varnes, Randi Skinner, Scott Rozell, Valda Morgan Members Absent: Mary Beth Cottingham Staff Present: Barbara Ross Chairperson Larry Varnes called the meeting to order. Three corrections to the minutes were made. Adam Hasley made a motion to approve the minutes as corrected. Val Morgan seconded the motion. The motion was approved. Barbara Ross thanked Chair Larry Varnes and Vice Chair Mary Beth Cottingham for attending the Council meeting and accepting the National Community Development Week proclamation. Christi Wood from the Human Services Advisory Committee was also there to accept the proclamation. Chairperson Varnes asked that a copy of the proclamation be sent out to the CDAC members. Dr. Jennifer Livings, their request for funding to complete kitchen improvements at the facility. She stated that Cumberland has been a part of Denton since 1932. They teach the families they serve about dietary needs. They also often have groups that need space and use the facility for meetings. Dr. Livings stated that there are three cottage houses which can house up to eight children at one time. Meals are often provided so that the caregivers can devote their time to other activities with the children rather than cooking their meals. Dr. Livings noted that they are building collaborations with other organizations. Cumberland also generates revenue from groups that use the facility for other activities. CDAC members had some questions for Dr. Livings. Jodi Vicars-Nance asked if meals were cooked in the kitchen facility and then delivered to the children. Dr. Livings indicated that they are getting current staff members and/or volunteers to deliver meals. Mr. Hasley asked how many events had been held at the facility over the past year. Dr. Livings mentioned UBH, DentonISD and ARC as organizations that have used the facility. She stated that she would put together information on the groups that use the facility and provide it to the Committee next week. Chairperson Varnes asked if all the funds requested are for physical renovation. Scott Rozell noted that other funds are already being used to renovate the kitchen. Dr. Livings stated that these were funds from the Denton Benefit League. Mr. Rozell asked about the number of children served. Dr. Livings responded that 24 children are served. Ms. Morgan asked if health department standards were being met. Dr. Livings was not sure but would check on it. Ms. Morgan also asked about appliances. Dr. Livings indicated new appliances were probably covered in another grant. Randi Skinner asked if the appliances would be commercial grade. Dr. Livings indicated that they would be commercial grade. Members continued to discuss the information that Dr. Livings planned to provide. Barbara Gailey asked if the families also prepare meals in their homes. Dr. Livings indicated that they do and that Cumberland values the families eating at their own dinner table. Ms. Gailey asked if they had school on the campus. Dr. Livings indicated that they attend public schools. Mr. Hasley asked if Dr. Livings could provide information on the people that attend events at the facility and 1 | Page whether they are low or not low income. Members continued to discuss the use of funds for construction and the Federal requirements on those types of projects. Carol Kyer, Executive Director, and Keri Marie Sutherland of Habitat for Humanity introduced themselves and presented the information regarding their request for funding. It was noted that Habitat had been serving Denton County since 1994. Seventy housing units have been built in Denton and 22 in other localities. Ms. Kyer described the qualifications for homeowners and added that Habitat the property. Habitat is requesting $275,000 to complete three housing units. They will build the units civic organizations. They also have a covenant with the County tax office stating that the taxes on their units will stay the same for a period of ten years. Habitat serves a significant number of single women with children. Those that they assist are required to provide some sweat equity and down payment funds of at least $1,000. The discussion was open for questions. Mr. Rozell asked what the 350 hours of sweat equity included. Ms. Kyer stated that it included various types of service but, that at least 150 hours had to be work on their home. Mr. Rozell asked about the mortgage note and how much funding is needed to complete each unit. Ms. Kyer and Ms. Sutherland indicated that they are 25-year loans and one house can be completed with $72,500. Chairperson Varnes noted that it has been ten years since Habitat requested funding. Ms. Kyer stated that her efforts to be a true member of the community included working with the City and other organizations. She added that she was hired to make Habitat for Humanity more of a common name in the community. Ms. Gailey asked about Section 2 of the application where it was -asked if there was a difference between the two. Ms. Kyer stated that eligibility is based on established income. Mr. Rozell asked if the homes were furnished. Ms. Sutherland stated that appliances are new but the families provide their own furniture. Ms. Gailey pointed out that $275,000 was approximately $90,000 per unit. Ms. Kyer noted that the requested funds are for acquisition and construction. She added that Habitat for these projects. Alma Espino, Housing Programs Manager for the City of Denton presented the request for Home Improvement Program (HIP) funding. Ms. Espino reviewed the program requirement including income limits. She noted that the households must also show that they can afford the repayments to the program. Loans are provided on a sliding scale with a portion of the loans forgiven and a portion repaid with no interest. The lower the income, the higher the dollar amount that is forgiven. Ms. Espino stated that HIP could address problems such as accessibility and energy efficiency. Staff attempts to ensure that the assisted households understand that they are responsible for maintaining their improved housing unit. She added that though staff had only requested $204,000, they are currently expending more funds than projected and would have only $245,000 for projects during the 2016-17 program year. She commented that any additional funding would help in supporting the programs and these households. She stated that the HIP also improves neighborhoods which benefits many people and causes others in the area to improve their housing units. Ms. Gailey asked if the projects were set up with three persons per bedroom. Ms. Espino indicated that the units are usually limited to two persons per bedroom and there are no adults and children sharing the same bedroom. Mr. Hasley asked if there were any service priorities. Ms. Espino responded that HIP is a first-come, first-served program. Ms. 2 | Page Ross added that the funds must be expended in a timely manner. Ms. Skinner asked if there were any other funding sources. Ms. Espino said that the owners put in a small amount of funding and staff is always looking for other funding to assist low-income homeowners. The Amy Young Barriers Removal program which assisted those with disabilities needing accessibility improvements assisted several households over the past year. Luisa Rodriguez-Garcia introduced herself and presented the request for the Homebuyers Assistance Program (HAP). The funding requested would serve ten new homebuyers. She noted that the program had been around since 1992. However, during the last several years, it has been difficult to find housing units that are affordable. Ms. Rodriguez-Garcia indicated that she does a training on the program for realtors and lenders. The program is designed to assist those who have limited resources but, there is a cap on the amount of funding they have in their checking, savings and other assets. It was also noted that they must take a homeowner class. The current cost of properties was discussed. Mr. Rozell asked if the City purchased the properties. Ms. Rodriguez-Garcia stated that the funding assists with down payment, closing costs and in some instances, up to $5,000 can be used for property repairs. Mr. Hasley asked if the assistance was a loan. Ms. Rodriguez-Garcia stated that the funding is provided as a forgivable loan. The loan payment is forgiven monthly but if the buyer were to sell or rent out the property before the end of the required period, they would have to pay back the remaining amount owed. Mr. Rozell asked if only CDBG funds could be used for the program. Ms. Rodriguez-Garcia indicated that both HOME and CDBG funds could support the program. CDAC members discussed the programs and the various dollars per person served. Chairperson Varnes the month to develop final recommendations and that these would be available for public review and comments during the month of April. Members continued to discuss which projects and programs needed to be fully funded and those that could be reduced. The next CDAC meeting will be at 12:00, th Friday, March 11. Ms. Ross asked members to submit their ranking forms as early as possible next week and she would send out the scores. The meeting was adjourned. 3 | Page Community Development Advisory Committee March 24, 2016 DRAFT Minutes Members Present: Adam Hasley, Larry Varnes, Mary Beth Cottingham, Randi Skinner, Valda Morgan Members Absent: Barbara Gailey, Cekeytra Chambers, Jodi Vicars-Nance, Scott Rozell Staff Present: Barbara Ross, Lauri Nack Larry Varnes, Chairperson, called the meeting to order at 12:20 pm. He asked if there were any rd revisions to the March 3 minutes. No revisions were requested. Adam Hasley made a motion rd to accept the minutes as presented. Valda Morgan seconded the motion. The March 3 minutes were approved unanimously. Mr. Varnes reviewed the process for developing funding recommendations including the project/program scoring by Committee members. The recommendations will be presented to City Council and public comments will be requested. Ms. Ross noted that staff was looking at th April 19 as the date for presentation of the recommendations to Council. Mr. Varnes also provided comments and scores from CDAC members who were not able to attend. After initially looking at HOME funding allocations, members agreed to use the scores as a discussion guide. Ms. Ross explained that the request from the Denton Affordable Housing Corporation (DAHC) was $40,000 but that the Department of Housing and Urban Development Housing Development Organization (CHDO). Therefore, a minimum of $51,979 would need to be allocated to DAHC for their Affordable Housing Opportunity Program. Members then discussed other projects/programs. The Minor Repair Program (MRP) had the highest score of 28. Mr. Hasley and Ms. Cottingham indicated that MRP should receive full funding. Other members agreed. Ms. Cottinghafunding. Other members agreed. Ms. Cottingham also commented that the Londonderry m also commented that the Londonderry Playground should be fully funded. Playground should be fully funded. Mr.Mr. Varnes indicated his agreement. Other members also Varnes indicated his agreement. Other members also recommended full funding for the playgroundrecommended full funding for the playground. The next highest score was the Home . The next highest score was the Home Improvement Program. Members discussed full funding for the program. Ms. Morgan provided her proposed allocations from both HOME and CDBG. Mr. Hasley and Ms. Skinner said that they would like to look again at this allocation after other activities have been discussed. Mr. VarnesMr. Varnes asked members about the asked members about the Quakertown Park Restrooms. Quakertown Park Restrooms. Mr. Hasley Mr. Hasley stated that the Parks Department staff noted that there could be other funding for this project stated that the Parks Department staff noted that there could be other funding for this project and he would set this up to take any leftover funding after all other projects/programs have and he would set this up to take any leftover funding after all other projects/programs have 1 | Page bebeen considered. Ms. Morgan noted that she often saw people using the park, particularly en considered. Ms. Morgan noted that she often saw people using the park, particularly those from apartments in the surrounding area. Ms. Cottingham suggested that the Committee those from apartments in the surrounding area. Ms. Cottingham suggested that the Committee the program, the the program, the funds could come from the Quakertown Restroom project. funds could come from the Quakertown Restroom project. Full funding was included for the Full funding was included for the project. project. Mr. Varnes stated that he felt two of the proposed projects were controversial Habitat for Humanity and the Cumberland Presbyterian kitchen project. Mr. Varnes and Ms. Cottingham indicated that it would need to be determined that the Cumberland project was to serve the children, rather than those that use the facility for meetings. Ms. Ross indicated that before entering into any agreement with Cumberland, she would explain the grant requirements in detail and ensure that they will be serving low to moderate-income individuals and households with the kitchen facility. Ms. Morgan indicated that she felt strongly about funding this project due to the number of children and other individuals they serve. Mr. Hasley indicated that it would be good to fund Cumberland in order to get more organizations to apply for the funding. Ms. Ross stated that Cumberland has previously been allocated HOME funds to build duplexes to house those in need. They also received 2015-16 funds to make improvements to their dental clinic. The dental clinic funds have not yet been spent. the requirements. Ms. Ross indicated that they had met the housing requirements. Ms. Skinner asked about an organization preparing food for the children. Ms. Ross indicated that this would be a low/mod benefit. Ms. Skinner stated that she would like to fund this project pending that they meet the requirements. Ms. Cottingham agreed. It was suggested that full funding be included on the chart at this time. Members discussed funding of Habitat for Humanity. Ms. Skinner stated that she was looking at providing any funding that was left to Habitat. She noted that they have a strong fundraising capability. Ms. Morgan questioned whether the funds would be spent in Denton. Ms. Ross stated that they must be spent in the City of Denton. Mr. Varnes indicated that he also felt that Habitat is fully capable of doing these projects themselves. He added that it was a lot of funding to assist only two or three households. Members agreed to wait on the allocation of Habitat funding until all other project amounts are determined. Mr. Hasley once again determined. Mr. Hasley once again brought up the Quakertown restroom project. brought up the Quakertown restroom project. He He commented that the second highest allocation so far was for a restroom. Mr. Varnes noted commented that the second highest allocation so far was for a restroom. Mr. Varnes noted that there are a number of underprivileged people that may use the facility. that there are a number of underprivileged people that may use the facility. Members agreed Members agreed to include the funding foto include the funding for the Quakertown restroom project.r the Quakertown restroom project. Ms. Cottingham suggested that the Committee look at all the activities and the proposed funding amounts and reallocate funding projects are eligible only under HOME. Members continued to discuss the request from Habitat. Ms. Morgan mentioned the property that Habitat owns in the Hill/Duncan area. It was agreed that $90,000 would pay for the acquisition and construction materials for one housing project. 22 | | PagePage CDAC members continued to reallocate funding in order to provide sufficient funding for all activities. Mr. Hasley made a motion to accept the recommendations as developed by the Committee. Ms. Skinner seconded the motion. The motion was unanimously approved. Under new business, Ms. Ross explained the request for a revision of what the 2015 Fred Moore Day Nursery School (FMDNS) improvements. She explained that Virgil Strange had done a significant amount of work on the Activity Room free of charge. Though there may be some things that will still need to be completed, FMDNS would like to spend a significant portion of the $108,000 in CDBG funds on playground equipment and some fence replacement. Ms. Ross noted that the proposed new project description would stat They would like the funding to be more flexible. Ms. Cottingham commented that she does not want the funding used for trees or shrubs. Ms. Ross indicated that it would not be spent on those items. Ms. Skinner stated she would abstain from the vote due to the fact that she did not have sufficient information. Ms. Ross stated that FMDNS has $108,000 for the project. Mr. Varnes stated that the playground and the Activity Room are both for recreational activities to support the children and that this would be a good use of the funds. Ms. Skinner stated that she assumed a project like this could be done with these funds. Mr. Varnes noted that FMDNS is the only affordable daycare that provides infant care. It was noted that they have had some problems with construction projects. Mr. Hasley made a motion to adopt the reallocation of FMDNS 2015-16 funding to include the Activity Room improvements and improvements to the playgrounds and fence. Ms. Cottingham seconded the motion. The motion was unanimously approved. Denton Affordable Housing Corporation funding. The reallocation would be requested only if the DAHC Board of Directors agreed and approved the funding reductions. Ms. Ross explained that DAHC currently had 2013 and 2014 funding that has not been expended and that staff was concerned about possibly losing some funding. Based on the new HOME rule, funding allocated in 2015 and afterwards had to be committed within two years or it would no longer be available for projects. Ms. Ross stated that the 2015 funding was originally allocated to a 12- unit, single room occupancy project but, that nothing had taken place in regard to the project. She noted that planning for the project might take longer than expected and the funds would therefore not be committed by July 2017. This would mean that the funds would be recaptured by HUD. She also explained how the 2013 and 2014 funds could be reallocated primarily to the Affordable Housing Opportunity Program and the Bolivar Six-Plex Rental Units project. To complete the Bolivar project, the $100,000 in 2015 funds would also be reallocated to the Bolivar Six-Plex Rental Units project. Mr. Varnes stated that it appeared this would be a reduction in funding to DAHC. Ms. Ross explained that the reallocation would provide noted that the $100,000 for the Bolivar project could begin to be expended in June or July S Department of Housing & Urban 3 | Page Development. accepted. Ms. Skinner seconded the motion. The motion passed unanimously. The meeting was adjourned. 4 | Page HumanServicesAdvisoryCommitteeMinutes CityHallEastSecondFloorConferenceRoom CityHallEast,601E.Hickory,Denton,TX Monday,November9,2015,12:00p MembersPresent:PamBarnes,MeredithBuie,SherylEnglish,HannahGarcia,LauraMauelshagen, JamesMcDade, MembersNotPresent:StephenCoffey,KaytiPorter,YessiniaSantillan,JaneUpshaw,ChristieWood StaffPresent:DanielleShaw AQuorumwasestablished.Themeetingwascalledthemeetingtoorderat12:12p. ThecommitteeconductitsannualelectionofChairandViceChair. NominationsforSherylEnglishforchairandHannahGarciaforvicechairweremadethrough committeediscussionandeachƒĻƒĬĻƩƭinterestinvolunteeringforthepositions. Havingnoothernominations,thecommitteevotedandapprovedSherylEnglishforChairand HannahGarciaasViceChair. DanielleShaw,staffliaisontothecommittee,reportedthatallmemberspresenthavecompleted therequiredOathofOffice.MeredithBuieaskedforclarificationifheroathhadbeencompleted. ShawwillreviewandcontactBuietocompleteifitisstilloutstanding. SherylEnglish,Chair,openedthemeetingtoShawtoreviewthe/źƷǤƚŅ5ĻƓƷƚƓIğƓķĬƚƚƉŅƚƩ.ƚğƩķͲ /ƚƒƒźƭƭźƚƓƭͲğƓķ/ƚǒƓĭźƌ/ƚƒƒźƷƷĻĻƭ{ĻƦƷĻƒĬĻƩЋЉЊЎ9ķźƷźƚƓ.Shawhighlightedmember requirements;attendancepage11,annualelectionpage13,conflictofinterestpage15,open meetingtrainingpage17,guidelinesnecessaryforquorumtoconductmeetingspage27,andthe HSACdescriptionpage34. Relatedtoconflictofinterestpolicyascoveredinearlierdiscussionofmemberrequirements,Pam BarnesdisclosedherrelationshiptoHealthServicesofNorthTexas.Asthereisapotentialforthe appearanceofconflict,shewillvoluntarilyabstainfromfundingrelatedconversationrelatedtothat specificagency.English,ledadiscussionwiththecommitteeontheappropriatewaytohandle disclosingconflictsandtheprocessthatmemberswillfollowduringmeetingswhendisclosed conflictsarepresent.Asnotallmemberswerepresentatthemeeting,thecommitteewilltablefinal considerationofprocessuntilallmembershavehadtheopportunitytodisclosepotentialconflicts? MinutesfromMay13,2014werepresentedforapproval. JamesMcDademovedthattheminutesbeapprovedaspresented.PamBarnessecondedthe motion.Themotioncarried. Englishpresentedthenextitem.201516awardrecipientYouthandFamilyCounselingprovideda letterrequestingtopostponereceivingfundinguntilthenextfiscalyearduetohavingadelayin openingtheirnewDentonoffice.Theletterwasprovidedtomembersbyemailpriortothemeeting anditwasdisplayedontheoverheadscreenduringthemeeting. Themembersacceptedthisrequestandhelddiscussiononhowtoreallocatethe$6,200thatwas previouslyawardedtotheagency. PamBarnesmovedthatthe$6,200inreallocatedfundsbedistributedintheamountof $1,500toCASA,$2,350toCommunitiesandSchoolsNorthTexasand$2,350toDenton CountyMHMR.LauraMauelshagensecondedthemotion.Themotioncarried. Shawreviewedthepacketofadditionalresourcesandtoolsprovidedtomembers. Membersexaminedthe20162017HumanServicesFundingApplicationproposedbystaff.Shaw providedapagebypageoverviewoftheinstructionpacketandapplication.Memberwerealso presentedwiththestaffrecommendationforanapplicationdeadlineofJanuary14,2016. Recommendationwasaccepted. Discussionwasheldregardingapplicationdeliveryformat.Membersrequestedthatallagencies continuetheprocessofsubmittingapplicationsinprintonepermemberandabinderprovidedfor eachmember.Shawindicatedthatapplicationdocumentswillalsomadeavailableonlineforreal timeaccessanddownloadbymembers.Committeememberswereinformedthattheycanexpect binderswillbeavailablefordeliverystartingJanuary22,2016. MembersaskedformoretrainingprovidedtoagenciestohelpsupportcompletionofPart7.C UNITSOFSERVICE/OUTPUTS(CostperUnit)Sectionoftheapplication. HannahGarciamovedthattheapplicationandinstructionsaspresentedbeapprovedfor distribution.JamesMcDadesecondedthemotion.Themotioncarried. Therewasopendiscussedregardingthescheduleforupcomingtrainings,HSACmeetings,andother applicabledatesforthe20162017applicationprocess.Thecommitteeselectedmeetingdatesfor agencypresentationsanddeadlinesforrelatedactivities.Thoseareoutlinedasfollows: AgencyApplicationTrainings Shawwillnotifymembersofapplicationtrainingdatesonceschedulingiscomplete. HSACMeetingsandDeadlines o ApplicationDeadline:January14,2016 o BindersAvailabletoCommitteeMembers:January22,2016 o HSACMeetingAgencyPresentations:Friday,February05,201611:001:30ΑCivicCenter o HSACMeetingAgencyPresentations:Friday,February12,201611:001:30ΑCivicCenter o HSACMeetingAgencyPresentations:Friday,February19,201611:001:30ΑCivicCenter o HSACMeetingAgencyPresentations:Friday,February26,201611:001:30ΑCivicCenter o HSACEvaluationFormDuetoShawTBD o HSACMeetingRecommendation:Friday,March5,201611:001:30ΑCityHallEast o AprilTBA:RecommendationReportandPresentationtoCityCouncil ThenextmeetingofthecommitteeisFriday,February5,2016at11:00aΑCivicCenter Havingnootherbusiness,themeetingwasadjournedat1:16p. MinutesRespectfullySubmittedbyDanielleShaw,StaffLiaisontotheHSAC MinutesApproved: HumanServicesAdvisoryCommitteeMinutes CityofDentonCivicCenter 321EMcKinneySt,Denton,TX76201 Friday,February5,2016,11:00a1:30p MembersPresent:PamBarnes,MeredithBuie,StephenCoffey,SherylEnglish,HannahGarcia, LauraMauelshagen,JamesMcDade,ChristieWood MembersNotPresent:KaytiPorter,YessiniaSantillan,JaneUpshaw StaffPresent:DanielleShaw,BarbaraRoss I.CalltoOrder AQuorumwasestablished.HannahGarcia,ViceChaircalledthemeetingtoorderat 11:04a II.Introductions HannahGarcia,ViceChairwelcomedcommitteeandstaff.Membersandstaff introducedthemselves. III.OathofOffice(ifneeded) StephenCoffeywouldgotoCity{ĻĭƩĻƷğƩǤƭOfficetocompleteOathtoday. IV.ApprovalofMinutesfromNovember9,2015 MinutesfromNovember9,2015werepresentedforApproval. JamesMcDademovedthattheminutesbeapprovedaspresented.Stephen Coffeysecondedthemotion.Themotioncarried. V.HumanServicesAdvisoryCommittee a)ConflictofInterestDisclosure PamBarnesdisclosedthatsheisonstaffatHealthServicesofNorthTexas, acurrentrecipientofthegrant. b)Staffaskedtobringforwardnewbusinessforconsideration. PamBarneswasexcusedfromdiscussionduetoherrelationshiptotheagency tobediscussed. Duetotheclosingofaprogramthatiscurrentlyreceivingfundingforthe2015 16grantyear,thecommitteewasaskedtoconsiderreallocationoffundingfor thecurrentgrantyear.CommitteememberswereinformedthatHealthServices ofNorthTexas(HSNT)wasclosingitsFoodPantryprogram.Thepantryisoneof threeprogramscurrentlyfunded201516grantyear.Fundingwasawardedin theamountof$10,500.Thesourceofthesefundsaredrawnfromthe CommunityDevelopmentBlockGrant(CDBG)funds.Memberswereprovided withtheexplanationforclosureasprovidedbyHSNT.FirstHSNTdetermined thattheservicewasbeingduplicatedinthecommunity.Second,themedications totreatpatientsnolongerrequiresthespecializeddietthatwasnecessaryatthe timewhenthepantrywasfirststarted.HSNTbelievesthereisnolongera medicalneedandthatitscurrentservicerecipientscanaccessotherpantriesin thecommunity. HSNTisrepayingthe$984.14thathasbeenreimbursed. MemberswerealertedthatsincethefundsareCDBGfundstherearefederal requirementsthatwillhavetobefollowedinordertoreallocatetheHSNTaward of$10,500.Memberswereaskedbystafftoconsiderpossibleoptions.Option1, memberswouldrecommendtoreallocatethefundstoanotherCDBGeligible agencyoragencies.Oncethemembersagreedonanyrecommendations,then therecommendationwouldhavetobepresentedtocouncil.Onceapprovedby councilthenitwouldhavetobepublishedthroughapaidadvertisement notifyingthepublicthatthereischangetoCDBGfundsuse.Therewouldbean open30daycommentperiod.Option2,memberscouldrecommenditbe reallocatedtoalreadyapprovedhousingprograms.Itwouldcyclethroughthe Community5ĻǝĻƌƚƦƒĻƓƷƭannualActionPlanprocessandthenthefundswould bemadeavailable.Therearetwodifferencesintheoption.Oneisinthe programsrecommendedtoreceivefunding.Option1givesfundingtoahuman servicesagency.Option2makesadditionalfundsavailableforafamilyor housingrepairorrenovation.Thesecond familiestoreceivedhelpwith differenceintheoptionsmeansthatOption1createsduplicationandOption2 eliminatestheneedtoduplicateoftheprocessasdescribed. Membersdiscussedthedifferentoptions.Membersaskedthattheybegivena weekconsiderandaskedthatthediscussionbecontinuedatthenextmeeting onFebruary12,2016.Theitemwillbebroughtagainat2/12/16meeting. VI.HumanServicesApplicantPresentations Thefollowingnotesfromtheagencyfundingpresentationsareprovidedforcommittee informationandreview. DentonChristinaPreschool Presenters:AliciaBlanca,Director&GloriaThomas,BoardChair Theagencywasprovidedwithfiveminutestopresentinformationtosupportits fundingrequest. Agencysharedthatitisservingchildrenages35inachildcareprogramthat prepareschildrenforenteringKindergarten.Theagencyhighlightedthatit currentlyenrolls43children,thatitoffersasplitdailyscheduleandthatitisthe andfromthefacility. onlyslidingscalefeeprogramthatofferstransportationto Agencysharedthatthisservicewasnecessaryforthemajorityofitsclientsdo nothaveaccesstotransportation. HSACmemberstookfiveminutestoasktheagencyquestions. Whenaskedaboutitstransportationservicestheagencyinformedthe committeethatithas3busestoprovidetheservice.Agencywasaskedto explainitsfeeindicatingthattherangewasbetween$20$50basedonincome qualifications.Italsoprovidedfurtherclarificationonthehoursandservices offered.Theagencywasaskedtosharehowitfundraisesfortheprogram. Agencyofferedthatithasasustainingdrive,specialeventslikeanannual supperandplantsaleandthatithasthesupportofgivingprogramsfrom10 differentlocalchurches.Agencyconfirmedthatitisseekingfundingtopayfor1 bilingualteacherand1driver.Agencywasaskedaboutanywaitlistandthe agencyconfirmedthatitdoeshaveawaitlist. DentonCityCountyDaySchool Presenters:FranMoore,ExecutiveDirector&Dr.BettyeMyers Theagencywasprovidedwithfiveminutestopresentinformationtosupportits fundingrequest. Theagencyprovidedabriefhistoryoftheschoolhavingstartedin1952and receivingthedonationofthefacilityfromthelocalMethodistchurchandwill retainthefacilityaslongasithousesanonprofit.Agencyhighlightedhowitis thrivingwithnewcollaborationswithDISD,thatishaspaidoffalldebtandis nowbuildingreservefundsandhowitisincreasingitsabilitytoaccess professionaldevelopmentthroughcollaborationandrelationships. HSACmemberstookfiveminutestoasktheagencyquestions. Agencywasaskedtosharehowitwasleveragingmorethan142volunteers. Agencyhighlightedvolunteertrainingandplanstointroducenewsecurity featureslikebiometricscans.Agencyfurtherdetailedthattherelationshipwith theUnitedWayandstudentsfromlocaluniversitieswasalsoprovidingsupport totheschool.Agencywasaskedifitofferedslidingscalefeesandfor clarificationonrates.Agencysharedthatthefeesrangefrom$35$75onthe incomebasedslidingscaleandthat$100wastherateofserviceatfullprice. FredMooreNurserySchool Presenters:WendyMcGee,ExecutiveDirector&DebbieJohnsonStafford,BoardChair Theagencywasprovidedwithfiveminutestopresentinformationtosupportits fundingrequest. Agencyhighlightedthecriticalneedfordevelopmentalappropriateactivitiesand itsimpactonbraindevelopmentnecessarytoclosetheeducationalgap. Statisticswereprovidedondeficienciesandtheimpactonearlylearning.Agency stressedtheneedforaffordablecaretohelpworkingparentsandparents workingoneducationaladvancementtoimprovinglives.Agencyhighlightedits growth;goingfrom4classroomsand40childrento13classroomsand195 children;staffgrowthfrom16staffand2credentialedto48Staffand16 credentialed;payrollhasincreased373%andisnowfocusedondeveloping foundationintellectualandsocialskillsusingresearchbasedcurriculum.Agency discussedźƷƭcollaborationsandrelationshipswitheducationalfirststeps,DISD andmore. HSACmemberstookfiveminutestoasktheagencyquestions. Agencywasaskedtodiscussmoreinformationaboutfees.Agencysharedthat theyareonanincomebasedslidingscale.Agencywasaskedtospeaktoit curriculumandtrainingprogramsindetail.Whenaskedwhatiswouldidentifyas thethingthatdifficultorpresentsarisktotheagency,theagencyfocusedon staffretentionasathreat.Itdetailedthedifficultyinretainingqualitystaffat$9 anhourespeciallywhenfeesonlycover57%ofcost.Agencywasaskedifitwas abletocollaboratewithotherchildserviceagenciesforsomeofitplanned training.Agencydescribedavailableoptions. BoysandGirlsClub Presenters:RickTroutman,President&BabsTroutman,Operations Theagencywasprovidedwithfiveminutestopresentinformationtosupportits fundingrequest. Agencyprovidedabriefintroductiontotheprogramincludingtherecent expansionto4localclubs,oneofwhichwasaddedinDenton.Agencyshared thattheDentonprogramislocatedintheoldNelsonCenter.Becauseofthe currentHSgrantrequestsithopestoexpandfrom14to29.Theagency highlightedthatithadroomtogrowwiththecapacityoftheschoolbeingupto 400.Theagencysharedthatitisalsoprovidingtheschoolwithincreased viabilityalongwiththevaluableserviceofhelpthechildrenwhoparticipate makegooddecision.Agencyspotlightedanew3Dprintingprogramthatwill offerparticipantstolearntogivebackandinteractwithkidswhoaredifferent fromthemselves. HSACmemberstookfiveminutestoasktheagencyquestions. Theagencywasaskedtoclarifytheagesserved.Agencyexplainedchildrenin gradesK8areserved.Agencywasaskedtoexplainsomevariancesinreported budgetfigureswhichitsharedthattheamountswereshiftedtoreflecta recommendationfromaCPA.Italsohighlightthatmorethan80%offunding goesdirectlytoservekids.Agencywasaskedaboutboardrecruitmentandifit lookedtoaddmembersfromDentonandothercommunitiesservedbythe program.Agencydescribedtheboardrecruitmentprocessthroughnetworking andpeerrecruitment.Whenaskedaboutwhichprofessionalservicewerebeing providedbytheboardtheagencyofferedthataCPAandalawyerprovided servicesinplaceofahiredstaffmember. CommunitiesinSchools Presenters:AnnPape,ChiefDevelopmentOfficer&BrookeMoore,DirectorofGrant Development Theagencywasprovidedwithfiveminutestopresentinformationtosupportits fundingrequest. AgencyhighlightedthatthepartnershipwiththeCityofDentonhelpedthe agencymeettheoutcomeofkeepingkidsinschoolandontrackforgraduation. AgencyspotlightedtheirrelationshipwithDISDinthatitprovidesaFullTime socialworkeronDISDcampusessoteacherscanfocusonteachingandkidscan focusonlearning.Agencyexplainedthatthesocialworkerscanthenfocuson issueslikeschoolsupplies,studenthomelessness,foodinsecurityandmorethat disruptthelearningprocess.Agencyprovidedadditionaldetailslikeeachcase workerhasacaseloadof100studentsandthattheyareserving75%ofall students.Theagencysharedthatitbringsinnecessaryresourcesthatbenefit 40%ormorequalifyfor thepopulation.Thepopulationservedisagroupwhere freeandreducedlunch.Socialworkersarebuildingrelationshipsbetween parents,teachersandprincipalstohelpfindeachstudentsuniqueneedto overcometheriskofdroppingout. HSACmemberstookfiveminutestoasktheagencyquestions. AgencywasaskedaboutitsconnectiontoothersimilarprogramslikeinFort Worth.Agencyexplaineditsgeographicserviceareaandhowitsharesin programinnovations.Agencyfurtherdescribedhowitleveragesfundsandhas achieved99%graduationratesonthewaytoagoalof100%.Agencyhighlighted expansiontobein6campuses.Agencydetailedcasemanagementservices offeredwhenaskedabouttypesofservicesandtheprogramdesign. CityofDentonPARD Presenters:KathySchaeffer&SaraTravis Theagencywasprovidedwithfiveminutestopresentinformationtosupportits fundingrequest. Agencyexplainedthatitisafulldaysummerprogramserving511yearoldsat DeniaRecreationCenter.Theprogramofferstraditionaldaycampactivitiesas wellasfieldtrips.Agencyalsosharedthatitbuildsonothercollaborative experienceslikewiththeFosterGrandparentprogramandhavingUNTstudents comeintoserveasmentors. HSACmemberstookfiveminutestoasktheagencyquestions. Agencywasaskedaboutcost.Agencyexplainedthattheprogramwasfreewith aonetime$10fee.Thecriteriaisstricttoqualify.Parentshavetobeworking30 hoursormoreaweekortheyhavetobeinschoolfulltime.Theprogramalso incorporatesfreesummerlunchprogram.Agencywasaskedaboutthenumbers served.Theagencyexplainedthatthecapacityismaxedat56children.The agencyconfirmedthatthe$50,000requestisforfullfundingoftheprogram whichprimarilycoverssalaries. VII.Adjourn ThenextmeetingofthecommitteeisFriday,February12,2016at11:00aΑCivicCenter Havingnootherbusiness,themeetingwasadjournedat1:06p. MinutesRespectfullySubmittedbyDanielleShaw,StaffLiaisontotheHSAC MinutesApproved:February12,2016 Human Services Advisory Committee Minutes City of Denton Civic Center 321 E McKinney St, Denton, TX 76201 Friday, February 12, 2016, 11:00a-1:30p MembersPresent:PamBarnes,MeredithBuie,StephenCoffey,SherylEnglish,Hannah Garcia,LauraMauelshagen,JamesMcDade,JaneUpshaw MembersNotPresent:KaytiPorter,YessiniaSantillan,ChristieWood StaffPresent:DanielleShaw,BarbaraRoss I.CalltoOrder AQuorumwasestablished.SherylEnglish,Chair,calledthemeetingtoorderat 11:12a II.Introductions Noguestswerepresenttobeintroduced. III.OathofOffice(ifneeded) Noneneeded. IV.ApprovalofMinutesfromFebruary5,2016 MinutesfromFebruary5,2016werepresentedforapproval. StephenCoffeymovedthattheminutesbeapprovedaspresented. JamesMcDadesecondedthemotion.Themotioncarried. V.HumanServicesAdvisoryCommittee a)ConflictofInterestDisclosure Nonewconflictsweredisclosed. b)TheitemfromtheFebruary5,2016meetingwasbroughtforwardfor considerationofavotetoreallocateofCommunityDevelopmentBlockGrant (CDBG)fundsof$10,500inthecurrent201516programyear. Briefbackgroundwasprovidetomemberswhowerenotinattendanceatthe February5,2016meeting.Staffpresentedtheinformation.Committee memberswereinformedthatHealthServicesofNorthTexas(HSNT)wasclosing itsFoodPantryprogram.Fundingwasawardedintheamountof$10,500.The sourceofthesefundsaredrawnfromCDBGfunds.Inordertoreallocatethe HSNTawardof$10,500therearefederalrequirementsthatwillhavetobe followedaswellaslocalprocedures.Thiswouldrequiretherecommendationbe be presentedtocouncilandthenonceapprovedbycouncilwouldhaveto publishedthroughapaidadvertisementnotifyingthepublicthatthereischange toCDBGfundsuse.Therewouldbeanopen30daycommentperiod.Members wereaskedbystafftoconsiderpossibleoptions.Thefirstwouldbea recommendationtoretainthefundsforhumanservicesprogramsandreallocate thefundstoanotherCDBGeligibleagencyoragencies.Or,second,members couldrecommendthefundsbereallocatedtotheapprovedhousingprograms forminorrepairsthathelpslowincomefamiliesgetvitalemergencyrepairsto theirhome.ItwouldcyclethroughtheCommunity5ĻǝĻƌƚƦƒĻƓƷƭannualAction Planprocess.Bothprocessesarethesame.Thedifferenceisonlythatby selectingoptiontwotherewouldnotneedtobeaduplicationofthedescribe processofcouncilapproval,paidforadvertisingandthe30daycommentperiod. StephenCoffeymovedthatthefundsbereallocatedtothehousing programsforthehome,minorrepairprogram.SherylEnglishseconded themotion.Themotioncarried. VI.HumanServicesApplicantPresentations MonsignorKingOutreachCenter Presenters:RoyMetzler Theagencywasprovidedwithfiveminutestopresentinformationtosupportits fundingrequest. Agencyopenedwithanupdateonimprovementtotheshelterfacility. Agencyisinphaseonewith40beds.Itwassharedthattodatetheyhave beenopen29nights,serving84Uniquecustomers.Theyaverage34 peoplepernight.Agencysharedadditionalphaseplansincludeplansto expandto88bedswiththeadditionofrestroomsandshowersforboth menandwomenandaseparatesleepingareaforwomenandchildren. Agencyhopestofillgapsincurrentservicesbeingofferedinthe community HSACmemberstookfiveminutestoasktheagencyquestions. Agencyaskedifithadmaximumdaysitcouldbeopenandifitwasturning peopleawayatthistime.Agencyprovidedthattheyarenotturning peopleawaybutusehotelwhennecessary.Sincetheagencydidnotmeet applicationrequirementsitwasexplainedtotheagencytheimportanceof financialaccountabilitythroughauditand990reportingandthatwithout theseitwasaskedhowcanitdemonstrateitsfinancialstabilityiffunded. Agencydetailedthatwhileitwasanew501(c)3thatithasoperatedthe sheltersince2009.Agencywasaskedtoprovidedetailsregardingthe organizationstructureandhowitrunswith100%volunteersandwouldit havethecapacitytomeetthegrantreportingrequirementsiffunded. AgencyexplainedtherolesofvolunteersinoperationsandthatitķźķƓƷ foreseeanyissueswithbeingabletocollectandreport.Followup questionaskedaboutiftheagencymaintaineditsownfinancialsandbank accounts.Agencyroundedoutresponsetoquestionswithadditional explanationofwhatitplannedtoopeninthefutureincludingaplacefor counselingandemploymentservices. DentonCountyFriendsoftheFamily Presenters:ToniJohnsonSimpson Agencypresentedtwoprogramsforfundingconsideration. Theagencywasprovidedwithfiveminutestopresentinformationtosupportits fundingrequest. Agencyfirstpresentedregardingthevictimservicesprogramdetailing theservicesofferedthatincludelegalservices;emergencyshelter; individualandgroupcounselingforadultsandchildren;sexualassault counselingwithresponsetocallsinsupportlawenforcementatthetime ofassaultreporting.;safetyplanning;anddirectcasemanagement. Agencyspokespecificallytoissuesofmeetingthegrowingdemandfor counselingservicesrelatedtothefacilityconstraintsandtimeconstraints duetoonlybeingabletoworkwithkidsintheafterschoolhours.The agencyalsohighlightthatitistheplanningstageforanewshelterto replacetheexistingshelterthatisnow30yearsold.Agencycovered strategiesforfindingalocationthatisaccessible;alocationthatthe communitywouldembracewhileaddressingitssafetyownconcerns,and theneedtoaddresslimitingtrafficthatcomeswithalargerfootprint. HSACmemberstookfiveminutestoasktheagencyquestions. Agencywasaskedtoclarifyitsbudgetnumberreportedinagencyand programincomevsonlyagencyfiguresinexpenses.Agencyindicatedit wouldprovideadditionalreportingtothecommittee.Membersasked agencytosharemoreinformationaboutservicesbeingoffered.Agency providedmoreinformationoncounselingandcasemanagementservices offeredtoclientsonadailybasis.Adiscussioncenteredonhowthe agencyutilizesvolunteersinprogramsandspecificallyhowgraduatelevel studentsfromthelocaluniversityprovidevitalsupportswhilebenefiting theeducationadvancementofeachvolunteer.WhenaskedwhatźƷƭ biggestchallengesaretheagencyexplainedthatcurrentlyitishowto overcomethechallengeofmorestaffandspacetoservethegrowing demandforallofitsservices. Theagencywasprovidedwithfiveminutestopresentinformationtosupportits secondfundingrequest. Agencysharedthatitwasaddingthisnewrequesttofundafood programthatprovideshealthyoptionmealplanningwhenonabudget andfooddistribution.Theagencysharedthatitisimportanttohelp participantsbreakthefinancialconnectionwiththeirabuser.Additional benefitsarereducingthestressofworryingaboutwhereanextmealwill comefromand/orhowtofeedchildren.Theagencyhighlightthatthe fundsrequestedwillsupplementothersupport.Programissupportedby fundersandothercommunityeventsliketheağǤƚƩƭDayofConcernfor Hunger,theDentonHungerCoalitionMobilePantry,Walmartand others. HSACmemberstookfiveminutestoasktheagencyquestions. Membersinquiredaboutneedandhowoftenapersoncanusethe pantry.Agencyexplainedthatitcanbeaccessedonceaweekandthen anynutritionalmealplanningisincludedinregularcounselingservices. Fundingwouldhelpimproveaccess.Memberaskedhowagencygets foodanditwasexplainedthattheyagencyemploysafacilityperson whosedailyjobistopickupdonateditemsincludingfood.Adiscussion wasfocusedonthewasteofgrocerystoresandothersandhowto increaseaccesstothisoverstockforagencieswhodoprogramslikethis one. Memberstookashortbreak. TheSalvationArmyDentonCorps Presenters:BrendaJackson&Lt.LindaChoi Theagencywasprovidedwithfiveminutestopresentinformationtosupportits fundingrequest. Agencyexplainedthatitsrequestforfundingwasfordailymealservice andthefoodpantry.Agencyhighlightedtheincreaseddemandforthe servicesbycomparing2014servicenumberstoЋЉЊЎƭThefoodpantry served472moreclientsinthepantrygrowingfrom1752clientsin2014 comparedto2228in2015.Agencyaddedthatclientscanaccessthe pantryonceamonth.Formealservices,theagencysharedthatitserves meals365daysayear.TheMealsprogramisalsoseeinggrowingdemand serving45,911mealsin2015upfrom32,879in2014.Pantryandmeals serveclientswhoarehomelessandalsomanyelderlyanddisabled clients.Agencyreportedseeinganincreaseinservingclientsfrom outsideDentonwhoarecomingiffromcommunitieslikeSangerand LittleElm.Agencyreportedthatdespitegrowingnumbers,źƷƭrequestis thesameduetoincreasecollaborationsthathaveincreasedinkind donationsfromorganizationsliketheTarrantAreaFoodBank,Denton CommunityFoodBankandgrocerystoreandTraderJoes. HSACmemberstookfiveminutestoasktheagencyquestions. Agencywasaskedtotalkabouthowitismanagingthecurrenttransition duetolossofkeystaff,shelterdirector,BrendaJackson.Agency explainedwereitisintheprocessofreplacingpositionandcurrentstaff support.Agencywasaskedtodetailtheprocessforsomeonereceiving services.AgencyexplaineditsͻƓƚquestionsğƭƉĻķͼphilosophyforfirst timersbutthatithascasemanagerswhoworkwithclientstocomplete intaketobestdetermineneed,supportneedsandofferreferralsas applicable.Agencyalsohighlightedsuccessrateinreferralsand additionalcasemanagementtoolslikefinancialmanagementtraining. Agencywasaskedifhomelesshavetostayinsheltertoaccessmeals. Agencyreiteratedthatitisopen365daysservingbreakfastanddinner andthatstayingintheshelterisnotrequiredtheyjustsplitmealsinto twoservicesoneforthoseintheshelterandasecondforanyoneelsein needoffood. GivingHope,Inc. Presenters:Dr.AlonzoPeterson,RoshaunEpperson,EmmaFowler Agencypresentedtwoprogramsforfundingconsideration. Theagencywasprovidedwithfiveminutestopresentinformationtosupportits fundingrequest. Agencyfirstpresentedinformationaboutthetransitionalhousing program.Theprogramhasbeeninexistencefor21yearsproviding transitionalhousingforpersonsinneedofhigherlevelofcasemanaged supporttoachievestablehousing.Agencysharedthatparticipants typicallystayinprogramfor1020months.Agencyhighlightedthatthe programiscollaborativeandthatthemajorityofclientscomefrom shelterslikeDentonCountyFriendsoftheFamilyoftheSalvationArmy Denton.Thereisapriorityforsingleparentswithchildrenandtheagency alsocollaborateswithDentonAffordableHousingCorporationproperties inordertohaveaccesstoaffordablerentalunits.Clientsreceivedcase managementwithaprimarygoaltoremovefinancialbarriersthatwill helpaclientbeabletomoveontolongtermselfsufficienthousing., budgetandcreditcounselingandsupportwithtaxfilings.Clientsparent andtheamountcollectedisputintosavingsthatisreturnedtotheclient whentheyexittheprogram.AgencyspotlightedtheWheelerCentera similartransitionalhousingprogrambutshorterindurationbeingfrom3 6months. Agencythenshiftedtopresentonsecondprogram,HMIS.Agencywas providedwithfiveminutes.TheagencyreportedthatHMISservices providethecommunitywithimportantdataabouthomelessnessand servicesinthecommunity.HMISfundingsupportsdataquality,technical assistanceandcommunitycollaboration.SinceHMISisrequiredtobe usedbyanyagencyreceivingfederalhomelessgrantsagencyexplained thatfundingwillsupport10ormoreagenciesusingHMISbyproviding staffsupportivetoensureagenciesinputqualitydataandcandosoina timelymanner.Italsosupportstheseagenciesbyhavinglocaltechnical assistancetohelpfixandissueswiththesoftwaresysteminsteadofjust remotesupportinAustin.Tosupportcommunitycollaborationwiththe localuserslikeVisionMinistries,MonsignorKingOutreachCenter, SalvationArmy,OurDailyBreadandmore,theagencyindicatedthatit expectstodoublenumberofHMISusers,addamonthlytipsnewsletter, providethedatabackouttothecommunitytoensurethedatais accessiblebythecommunityformakinggooddecisionsrelatedto homelessservices.FundingwillalsosupporttheannualPointInTime CountandDentonCANtohelpbetterunderstandneedsandgapsin communityservicesaddressinghomelessness.Agencysharedthatthe grantfromtheTexasHomelessNetwork(THN)forHMISlocallyhad endedsoserviceswillbeprovidedonlybyGivingHope,Inc. HSACmemberstooktenminutestoasktheagencyquestions. Agencywasaskedtoaddadditionalinformationrelatedtodataand collaborationforotherprogramlikeZero2016.Agencyprovidedan explanationaboutZeroto2016,aprogramdesignedtohelpendveteran homelessnessinothercommunitiesandhowithopestobringthesame resultstothiscommunity.Agencywasaskedtohighlightsuccessrateof WheelerCenterprogramparticipantsinobtainingpermanent independenthousing.Agencyexplainedwhilestillnewthatithadaclient moveoutintohousingandislivingindependently.Agencywasasked whytheTHNgrantended.ItwassharedthatTHNinanattempttomake budgetcutsdidchoosetoreduceremoteHMISstaffinfavorofhaving phoneandonlinetechnicalsupportstaffforHMIS. VII.Adjourn ThenextmeetingofthecommitteeisFriday,February19,2016at11:00aΑ CouncilWorkSessionRoomCityHall Havingnootherbusiness,themeetingwasadjournedat1:04p. MinutesRespectfullySubmittedbyDanielleShaw,StaffLiaisontotheHSAC MinutesApproved:February19,2016 Human Services Advisory Committee Minutes City of Denton City Hall Council Work Session Room 215 E McKinney St, Denton, TX 76201 Friday, February 19, 2016, 11:00a-1:30p MembersPresent:PamBarnes,StephenCoffey,SherylEnglish,HannahGarcia,Laura Mauelshagen,JamesMcDade,ChristieWood MembersNotPresent:MeredithBuie,KaytiPorter,YessiniaSantillan,JaneUpshaw StaffPresent:DanielleShaw,BarbaraRoss I.CalltoOrder AQuorumwasestablished.SherylEnglish,Chair,calledthemeetingtoorderat 11:04a II.Introductions Noguestswerepresenttobeintroduced. III.OathofOffice(ifneeded) Noneneeded. IV.ApprovalofMinutesfromFebruary12,2016 MinutesfromFebruary12,2016werepresentedforapproval. ChristieWoodmovedthattheminutesbeapprovedaspresented. JamesMcDadesecondedthemotion.Themotioncarried. V.HumanServicesAdvisoryCommittee a)ConflictofInterestDisclosure Nonewconflictsweredisclosed. b)Committeeprovidedarecapofpreviousmeetingforthosemembersnotpresent attheFebruary12,2016meeting. Membersdiscussedthefinaldecisionrelatedtothefundingallocationoffunds awardedtoHealthServicesofNorthTexasanddiscussedtheapplication eligibilityofMonsignorKingOutreachCenter(MKOC).Afterdiscussionof aYh/ƭapplicationthecommitteeindicatedthatitneededsomeadditional informationbeforemakingitsfinaldecisiontoaccepttheapplicationandthen consideritforfunding.Staffwasaskedtorequestadditionalinformationforthe committee.StaffwillcontactMKOCleadership,RoyMetzlerandrequesttwo items.One,financialinformationthatwilldemonstratetheorganizations previousincomesourcesanddetailedexpenses.Two,thecommitteewouldlike toconfirmtheorganizationhasthecapacitytomeetthereportingrequirements. Itwouldliketheorganizationtoprovidethenamesofthepersonorpersonswho willberesponsibleforcompletingthemonthlyreport.Staffwillprovidethe organizationwithasamplecopyofthereportingdocumentstohelpthe organizationunderstandwhatwillberequired. VI.HumanServicesApplicantPresentations HealthServicesofNorthTexas Presenters:DoreenRueandLouiseWestonFerrill Agencypresentedtwoprogramsforfundingconsideration. Theagencywasprovidedwithtenminutestopresentinformationtosupportits twofundingrequest. Agencyindicateditwouldbediscussinghighlightsfortheagencyin2015, źƷƭthestrategicplanforservemoreinthefutureandwhythe/źƷǤƭ supportissoimportant.Sixtyfivepercentofpatientscomefromthe Dentonofficeserving3,143fromDentonoutofatotalof11,000.Agency sharedahighlightfromtheadditionofdepressionservicestofillagapin theunderservedareaofmentalhealthservicesinthecommunity.It screened4,643peoplein2015.Screeningisnowaregularpartof integratedbehavioral/mentalhealth.Agencythensharedtheadditionof aclinicattheWheelerCenteranditsoutreachprogramsthathave resultedin4,400newpatients,mostofwhichareuninsured,which growthofHSNTfrom2,500patientsin2012to11,000in highlightsthe 2015.Growthisreflectedinstrategicplanwhichfocusesonthreelevers: Infrastructuremeaningfinancial,stability,facilities,andafeasibilitystudy in2016;ITasinhealthinformationandelectronicrecords,privacy concerns,HIPPAcompliance;PatientCareasintheadditionofstaffand recruitingnewproviders.Communitypartnersisalsoafocus.2016goalis toserve14,500patients.Memberswereinvitedtovisitthefacility. Agencythendiscussedspecificsoftherequestaskingfirstforsupportfor serving800patientswhoareuninsuredorunderinsuredwithprimary medicalcareforthingslikexrays,labs,etc.Thesecondisarequestfor thePrescriptionAssistanceProgram.Lastyeartheprogramsaved patientsatotalof$1.9millioninprescriptioncosts.Costsarehighand thisfundinghelpscovercostsuntiltheclientgetsontheprogramandwill payfortherequired$40enrollmentfeechargedbytheagency. HSACmemberstooktenminutestoasktheagencyquestions. Agencywasaskhowmanyofpatientsareuninsured.Agencyindicated that65%areuninsured.Whenaskedhowitwasservingsomanymore theagencyattributedittoitsFQHCdesignationwhichmeansreferrals haveincreased.Theagencywasaskedhowitbalancesunmetneed comparedtootherprogramsthatalreadyexistinthecommunityΑŷƚǞit preventsduplicationofservices.Agencyhighlightedhowitfocusedon communitypartnershipstoreachmore.Agencyalsodiscussedits outreachserviceshelpingpeoplefindingcare.Agencywasaskedifithas navigatorstohelppeoplesignupforhealthcare.Agencyrepliedthatit doesandthenexplainedthattherearesignificantissueswithenrollment especiallyforpeoplewhoareunder133%ofthepovertylevelwhoķƚƓƷ qualifyforACA.AgencyaddedwhenMedicaidfundingwasnotexpanded inTexas,itmeantthosenotintendedcoveredbyACAarelikelystill uninsured.AgencywasaskedtodescribehowitmaintainsitFQHCand agencydetaileditsregularreportingrequirementsandthatthegrantis threeyearsandrenewable.Inadditiontheagencydiscussedother fundingsourcereportingrequirementsthatdemonstratetheir commitmenttomaintainqualitycare.Agencysharedthatithas4sites plusadministrativeofficesinDentonand3sitesinCollinCountywhen askedhowmanylocationsithad.Agencywasaskedtoexplainwhyitwas requestinglessfundingfortheprescriptionprogram.Agencyindicated inotherfundingsource,theydidnot thatwithinsuranceandgrowth wanttoaskformorethantheywoulduse.Agencywasthenaskedto clarifyitsunitpriceof$50forservicesthatmighthavedifferentcosts? Agencyindicatedthatitwasleveragingfundsfromvarioussourcesand servicesprovidedwhenseeking wouldrepresentthecostofeach reimbursement. CASAofDentonCounty Presenters:SherriGideon Theagencywasprovidedwithfiveminutestopresentinformationtosupportits fundingrequest. Agencyopenedwithinformationnotintheapplicationandstartedwith anupdatetopreviousyearpresentationonteensagingoutoffostercare. Theagencyboardconductedsurveyswithyouthandvolunteersto determinehowitcouldbetterpreparethemforindependentliving.Itis nowdevelopingcurriculum.Agencythenhighlightedprogresstoits strategicplan.Agencyisbringinginoutsideconsultant.Underthecurrent planithadthegoaltoserve100%ofyouth.Ithit88%upfrom80%.93% ofnewkidswereserved.Morekidsarecomingintocarethanprojections. Anothermeasuretheagencyusesisthenumberofkidsservedwith volunteers.This volunteersversusstaff.Thisyeartheyserved86%with demonstratedthatrecruitmenteffortsareworking.Anotherstrategic effortistomaintainfinancialstabilitywithagoalofmaintaining45days operatingreservefunds.Theyhavedippedintoreservesduetolower performanceinfundraisingbutareontrackfinancially.Towardthegoalof increasingawarenessofCASAinthecommunitytheyhaveincreasedthe numberofcommunitypresentationandoutreacheffortshaveexpanded tosocialmediawithafocusonvolunteerrecruitment.Thelastgoalis relatedtoexpandingthediversityofallgroups.Agencyreportsthatsmall progresshasbeenmadetowardthisgoal. HSACmemberstookfiveminutestoasktheagencyquestions. Agencywasaskedtoexpandmoreonteensagingoutoffostercare.The agencyrecognizedtherearemorekidsinlongtermfostercare.Thisis typicallyduetoseriousemotionaldifficultythatkeepsthemfrombeing adoptedandthisresultsinthekidsbeingkeptinresidentialtreatment centersortherapeuticfosterhomesforthelongterm.Thentheyageout ofthesystemleavingthemwithlessresources.Agencysharedthatthere havebeenmorekidsinthelastthreeyearsthenthelastten.Agencyfeltit wasinapositionhelpadvocateandhelppreparethembetter.Agency sharedthisstatistic,only3%areestimatedtobeabletomanagecollege ornextleveleducation.Discussioncontinuedoncurriculummodelsand othersystemstheteensaredependentonafterexitingthesystem. missingfromtheCASA Membersnoticedthatthereweresomepages applicationandaskedtobeprovidedmissingpages.Staffwillemail.pdfto memberswithminutespacket. Memberstookashortbreak. DentonCommunityHealthClinic Presenters:WanitaDolf,Dr.AliceMasciarelli,Dr.FilippoMascerelli,Dr.Collette Fette Agencypresentedthreeprogramsforfundingconsideration. Theagencywasprovidedwithfiveminutestopresentinformationtosupportits firstfundingrequest. Agencyfirstpresentedinformationregardingitsrequesttosupportcare coordination.Currentlytheprogramhasmadeover300interventions helpingover80peopleaccesscommunityresourceslikeMHMR,11 securehousingand23achieveincreasedincome.CareCoordinationis directedcasemanagementtohelppeopleachieveindependenceand mobility.Agencyprovidedaclientstorytoillustratetheprogram.Other examplesincludedhelpingclientsaccessDARS,VA,SocialSecurity,the SeniorCenter,mentalhealthservices,beingdivertedfromhomelessness, etc.Agencyprovidedanotherclientexample.Agencyemphasizedthe programisIntensivecasemanagementandrelationshipbuildingtotreat thewholepatient. HSACmemberstookfiveminutestoasktheagencyquestions. Agencywasaskedtoexplainifprogramwassupportedbymorethanone coordinator.Itexplainedthestaffresourcestotheprogramincludesone primarycoordinatorandacounselorbothdoingsocialwork.Whenasked ifclientsalsogethealthcareservices,agencyindicatedthattheclients arealsoreceivinghealthcareasapartoftheƦğƷźĻƓƷƭglobalcare.When asked,agencyconfirmedthatthecarecoordinatorwasatrainedsocial worker.Agencyexpandedontheemphasisthattheprogramisaholistic approachwhererelationshipsaresoimportant.Inhouseserviceshas impactedcaresignificantlybyreducingtheclientbeingbouncedfrom services.Agencywasaskedtoclarifyoutcomesandwhatconstitutesa unit.Agencyprovidedasamplelistofinterventionsincludingreferrals, transportationtootherservices.Whenaskedwhatisconsideredaunitof serviceagencyexplainedthattheunitofservicecostrepresentsvaluefor anhourofstafftimeforcasemanagement. Theagencywasprovidedwithfiveminutestopresentinformationtosupportits secondfundingrequest. Agencyprovidedinformationaboutthediabeticvisionservicesprogram whichisseekingsupportforeyeexams.Duetothenumberofdiabetic patientsserved,theagencyprovideseyeexamsasastandardofservice. Itexplainedthatdiabetesisleadingcontributortoblindnessbutalso otherseriousconditionlikebleedingoftheeye.Conditionsthatneedto becaughtearly.Regulareyeexamsareapreventivemeasureandifan issueisdiscovered,ithelpsthemtobeabletointerveneearlytopreserve vision.Itmeansaclientislesslikelyofbecomingdisabled.Blindnessand lowvisionresultsininabilitytowork,depressionandabilitytocarefor self.ProgrammeetstheğŭĻƓĭǤƭholisticapproachtopatientcare. Agencysharedclientexample.Requestisforservinguninsuredand underinsured.Healthcareiscomplicatedbytheseissuessopreventionis vitaltopatients. HSACmemberstookfiveminutestoasktheagencyquestions. Agencywasaskedtoexplaintheunitsofservices.Unitcostwasexplained asprovidervisit.Agencysendspatientstoophthalmologistandinthis programwillbilltocoverthatdirectcost.Theagencywasaskedto explainitsrequestof$7,000whentheoverallcostis$12,700.Agencywill seekothersupporttocoverdifference.Agencysharedwhyitchooses ophthalmologistversusoptometristsduetotheneedforsubspecialty care.Whenaskedifservicesareforjustdiabetics,agencyindicatedit ina prioritizesthispopulation.Whenaskedhowmanyexamsresulted needidentified,agencyindictedthat5patientsneededrecurrent treatment Theagencywasprovidedwithfiveminutestopresentinformationtosupportits thirdfundingrequest. Agencydiscussedtherealizationthatthereneededtobeagroupthat couldmeettheneedsofpeopleexperiencingmentalhealthchallenges. Aftersurveyingcurrentconsumersofmentalhealthservicesthe consumersidentifiedtwopriorityneeds.One,wastobeabletoadvocate fortheneedsofthepoorandtwo,theywouldliketohavesome productiveoccupations.Thegrouphasbeenformedandisactively todothingsforothersthroughvolunteerism meetingtofindrolesand andadvocacy.TheyarecurrentlyprovidingrepresentationtotheDenton CountyHomelessCoalition.ThegroupalsomeetseveryThursdayandhas otherdropinopportunities.Thegroupisproducingaproducttobesold Someoftheproceedsareusedbythegrouptosavemoneytocontribute tothisprogramseekingfunding.ThegroupidentifiedProSumersasa modeltobeusedlocally.TheagencywillcontractwithProsumersto providetheoversightandtrainingforPeertoPeerpieceandcombined thatwiththetherapeuticactivitiescurrentlyhappeningtowardalong termgoaltogrowintoapsychosocialrehabprogram. HSACmemberstookfiveminutestoasktheagencyquestions. Theagencywasaskedifthisfundingwouldbelimitedtoaspecific projectorphase.Theagencyindicatedthatthiswouldbefundingforthis firstpart.Agencyillustratedthisusinganexampleofanothergroupusing theprogram.Thegrantwaswrittenbytheclientsandtheprogramisin partnershipwithDentonCountyMHMR.Groupwillbeseekingadditional fundingtoensurethisprogramhascollaborativesupportforcommunity widebehavioralhealthimpact.Agencywasaskedtoexplainoutcomes. Agencyexplainedoutcomeswillbethenumberofpeoplewhobecome empoweredthroughvolunteerism,employmentorhobbythatgenerates revenuetosupplementincomelikedisability.Anotheroutcomeisto increasethenumberofpeertopeersupportpersonsthatinclude homeless,mentalhealthandphysicaldisabilitycounselingforfolkswho maynotqualifyforotherservices.Agencywasaskedabouthowmany wouldreceivetrainingfromProSumersandifthereisatrainthetrainer component.Agencyindicateditwouldhaveastaffpositiontrainedto trainedandthenitexpectsits12currentactiveparticipantsandthe additionofafewnewfolkswhentheprogramisexpanded.Thegoalis empowerment.Units alsotodevelopmeasurestoquantifyoutcomeslike isexplainedasthenumberofsessionsperperson. MembersdiscussedthatitwouldlikeclarificationregardingDenton CommunityHealthCliniciDiabeticsEye(DCHC)examrequestamount represents100%oftheprovidercostofiftheagencyhasincludesome administrativecosttohelpensuretheprogramissustainable.Staffwas askedtocollectinformationfromDCHC. VII.Adjourn ThenextmeetingofthecommitteeisFriday,February26,2016at11:00aΑ CouncilWorkSessionRoomCityHall Havingnootherbusiness,themeetingwasadjournedat1:06p. MinutesRespectfullySubmittedbyDanielleShaw,StaffLiaisontotheHSAC MinutesApproved: Human Services Advisory Committee Minutes City of Denton City Hall Council Work Session Room 215 E McKinney St, Denton, TX 76201 Friday, February 26, 2016, 11:00a-1:30p MembersPresent:PamBarnes,MeredithBuie,StephenCoffey,SherylEnglish,Hannah Garcia,LauraMauelshagen,JamesMcDade,ChristieWood MembersNotPresent:KaytiPorter,YessiniaSantillan,JaneUpshaw StaffPresent:DanielleShaw I.CalltoOrder AQuorumwasestablished.SherylEnglish,Chair,calledthemeetingtoorderat 11:08a II.Introductions Noguestswerepresenttobeintroduced. III.OathofOffice(ifneeded) Noneneeded. IV.ApprovalofMinutesfromFebruary19,2016 MinutesfromFebruary19,2016werepresentedforapproval. HannahGarciamovedthattheminutesbeapprovedaspresented.Pam Barnessecondedthemotion.Themotioncarried. V.HumanServicesAdvisoryCommittee a)ConflictofInterestDisclosure Nonewconflictsweredisclosed. b)Memberswerepresentedwithagencyresponsestorequestforadditional information.Membersreviewedtheinformation.Discussionfocusedonthe applicationfromMonsignorKingOutreachCenter(MKOC). Afterreviewoftheadditionaldocumentationamotionwasmade. HannahGarciamovedtoaccepttheapplicationforMKOCsothatitis eligibleforconsiderationoffunding.MeredithBuiesecondedthe motion.Themotioncarried.. VI.HumanServicesApplicantPresentations HealthServicesofNorthTexas Presenters:DianaCorona,ChristinaPenland Agencypresentedtwoprogramsforfundingconsideration. Theagencywasprovidedwithtenminutestopresentinformationtosupportits twofundingrequest. Agencystartedwithaquotethateveryday65,000peoplebecome65 yearsold.Agencyisbuildingresourcesandcapacityforotheragency usingthispoolofvolunteers.CorporationforCommunityandNational Servicecompletedaprofileofwhatvolunteerandciviclifelookslike. Agencyasksmembers."wheredoesTXrankinvolunteeringtheƓğƷźƚƓͼͪ Texasranks43outof50.ThirtyNinepercentoftheseareolderadults. Theagencysharedthattheyvolunteermostcommonlyatfoodbanks, ĭŷǒƩĭŷƭ͵Fundingthisprogramsendsamessagethatwebelieve volunteerscanmakechange.Agencyisrecruitingandplacingvolunteer inwonderfuloutcomebasedexperiencethatisevidencebasedand measurable.Agencysharedthatisevolvingtobemoreevidencebased. Volunteerenrollmentisaprocessofapersonalconnectiontovolunteer assignment.Agencyisaddingacriminalbackgroundchecktoincludea checkoftheNationalSexOffenderRegistry.Newmissionstatementwas readhighlightingthatitisanationalserviceprogram. Agencythenpresentedonthesecondfundingrequest.TheVISTA ƦƩƚŭƩğƒƭROIisthatitbuildscapacityandinfrastructurefornonprofit organizationssotheycanservemorepeoplelivinginpoverty.L{!ƭ serveonefullyearofserviceinthearealikevolunteerresource development,grantwriting,communityoutreachandeducation.Thisisa $51,000annualvaluetoanagency.Currentlythereare8L{!ƭworking inthecommunityandtheywillbeexpandingto13at11different nonprofitsinDentonCounty.AgencysharedsomeoftheimpactsL{!ƭ havemadeinthecommunityincludingbringingin437volunteersand over$600,000ingrantsandinkinddonations. HSACmemberstooktenminutestoasktheagencyquestions. Agencywasaskedtoexplainhowitmeasuresoutcomes.Isitvolunteer satisfactionoraretheoutcomesbasedonthebenefitstotheclient served?Agencyexplainedthatoutcomeshaveevolvedfromthebenefits tothevolunteertoaddedbenefittotheclientsandorganizationswhere volunteersareworking.Itexpandedthatitismeasuringnumberof volunteersandnumberofclientsservedinprograms.Agencywasasked toprovideaclarificationof#ofL{!ƭandthecostsharing.Agency detailedthatğŭĻƓĭǤƭdoshareinthecosttofundtheVISTA.Whenasked ifagencyhadtroublemeetingthecostsharingrequirementandifitthe costsharinglimitsagencyparticipation,theagencydiscussedhowitis lookingatothersolutionstohelppayforVISTA.Inregardtoaquestion aboutthetrainingL{!ƭreceiveandwhattypeofpersonsignsuptobe aVISTA,theagencyofferedthatmostarecollegegradsorincollege. L{!ƭgettrainingbeforebeingacceptedintotheprogram,thereis localtrainingbyagency,trainingprovidedbytheagencywheretheVISTA isplacedandthenL{!ƭareprovidedotheropportunitiesthroughout theyear..AgencyfurtherdescribedthebenefitstotheVISTAaswork experience,servingclients,andthetrainingreceived.Theagencywas askedwhatisthedollarvalueofitscommunityimpact?Agencyindicated throughtheirprogramthereisacombinedtotalof2.4milsavingstothe community.Discussionwasheldaroundhowtobestmeasureimpact. SPAN Presenters:DeborahRobertson,KristenKeeth Theagencywasprovidedwithfiveminutestopresentinformationtosupportits fundingrequest. Agencyclarifiedpagenineinneednumbersandbrokeoutthecity numbersversuscountywidereach.Reachiscurrently7%.That represents18%beingserveinthecity.Agencyindicatedthattherestill 82%notbeingserve.Thatis42%ofDentonresidents.Agencysharedthat theDallasWomen'sFoundationhasprovidednewfundingthathas allowedthemtoservewomen75andolderwhichmeanstheyareableto nowprovideweekendmealsforthemostvulnerable.Thefundingisfor 52weeksandtheyarelookingtomakeitongoingfunding.Agency providedastatementtoexplainwhytheyshouldbefunded.Theyoffered thattheprogramisanevidencebasedeffectiveprogramproventohelp improvequalityoflifeanditresultsinmorepeoplebeingabletostayin homeandpossiblyloweringhospitalstays.Agencythensharedadditional successeswheretheyhavegrown,expandingthecongregatemeal programtonewsiteslikeHeritageOaks.Thebenefitofprogramslike thesetothecommunityisthatincreasingcongregatemealsmeansthat peoplearegettingoutandinteractingincreasingimportantneedsfor socializationandsupport. HSACmemberstookfiveminutestoasktheagencyquestions. Agencywasaskedhowmuchofanincrease.Agencysharedthatison average2430atHeritageOaks.Agencyexpandedthatattheseprograms otherbenefitsarebeinggeneratedlikethecreationofacommunity gardenandadditionofnutritioneducation.Whenaskedhowitevaluates nutritionalimpact,agencydescribeditspreandposttestsurveysthat demonstratebenefitsaswellaslikesanddislikesintheprogramdelivery. Agencyaddedthatanecdotalandnationalstudieshelpthemdocument improvementsinnutrition,thebenefitsofbuildingrelationshipsandcost savingstocommunitiesbecauseofthereductionintheelderlyentering hospitalcare.Agencywasaskedtoclarifywhythereare82%whoarenot abletobeserved.Itsharethecurrentresourcesdonotmeetidentified need.Agencyidentifiedhowitimprovesthelackoffundinglimitshome deliverybyfocusingonexpandingcongregatemealswherethereare morefundingoptions.Asaresulttheagencyisprioritizingtryingto expandtomorelocationswherepeopleliveandmakecongregatemeals moreaccessible.Thisalsomeanstotransitionclientswhoareabletoget tocongregatemealsfromthehomedeliveryprogram.Congregatemeals benefitstheclientswithmoreopportunitiesforsocialization, volunteerism,andownershipoftheservices.Theyknowingtheir neighborandbuildstrongerrelationships.Agencysharedthatsocial relationshipsresearchshowsthatalackofsocializationeffectsqualityof life. Memberstookashortbreak. DentonCountyMHMR Presenters:LarryWest,BrendaBagherpour Theagencywasprovidedwithfiveminutestopresentinformationtosupportits fundingrequest. Theagencybeganthepresentationbythankingthecommitteefor previousfunding.Agencydetailedwhateffortsthefundshavesupported inpreviousyears.Agencydescribedthatitseekstotailoractivitiesto individualneedsbasedonsurveyresults.Thegranthelpstoprovidean opportunitytoprovideindividualizedactivitiesthatimprovesqualityof lifeforaclientincare.CommunityInclusionSpecialistsserveandaverage of23clientsincurrentgrant.Agencyexplainedthatitisabletoleverage CODmoniestofundenhancingcommunityactivities.Itlistedsomeofthe fundsthathavebeenaddedlikeCloud9,CoServe,Grande Communications,NAMIandindividualcontributions.Theyarestretching dollars.Impactonclientsisthattheybecomepartofthecommunitynot justlivehere.ProgramhastheaddedbenefitsofsupportingDenton businesses.Inaddition,clientshaveopportunitytodeveloprelationships; experiencecommunityinclusivenessandbelonging;andthecommunity getsstoknowpeoplewithdisabilities. HSACmemberstookfiveminutestoasktheagencyquestions. TheagencywasaskedtoexplainifthefundstakeaPartTimepositionsto FullTime.AgencydetailedthatthefundingrequestisfortwoFullTime positionsfundedattherate$9.50hrfor2050hrsfor2people.Other fundsasbeingusedtoincreasehourlyratewhichhelpswithturnover. Thefundsforthisprogram,iffullyfunded,wouldfreeupfundsfor retentionfordirectcarestaffbymakingavailableincreasesinsalaries andprovidingrelieffromtheincreasedstaffvacancies.Asaresultof currentfundsretentionnumbersarealreadyimproved.Agencywassked whatleveloftraining,certificationand/orexpertisearerequired.Agency sharedthatexpertisearecomparablebetweeninclusionspecialistand directcarestaff.Agencywasaskedtoexplainexpenselineitemdropin programcosts.Agencyclarifiedthattherewasadropincoststorents duetooperatingonelessgrouphomeandthenthisresultedina correspondingreductionofstaffcost. Interfaith Presenters:CondellGarden,AllyePotter Theagencywasprovidedwithfiveminutestopresentinformationtosupportits fundingrequest. Agencyexplainedthatitisasocialservicesagenciesthatprovideemergency financialassistance.Itsmostcommonserviceprovisionisemergencyrentand shelterforfamiliesinfinancialcrisis.Agencydiscussedthatitisaroadblockto preventinghomelessnessandithelpspreventthehighcostofrehousing. Agencyexplainedthatitismorecosteffectivetokeepfamiliesstableand ultimatelylessensthedependencycreatedbylongtermassistance.Agency describeditsservicedelivery.Assistanceisprovidedtothosewithadebilitating financialcrisis.Applicantsarescreenedbycounselorswholooksatwaysto preventduplication.Theyareaddingafinancialtrainingcourse.In2015they wereableto114withover600callsforassistance.Agencythenprovideddata. Accordingtocensus26,000peoplearelivingbelowthepovertyrate.This communityisnotabletomeetgrowingpopulation.Agencyindicatedthatfor 20162017therequestis$10,000toserve2familiespermonthat$500per month.Agencyaddedthat24familiesmaynotsoundsignificantbutitis significanttothe24familieswhowerepreventedfrombecominghomeless. Agencyconcludedbyaddressinghowitmanagescontactsforservicesissue.It explainedthatitoffersfourwaystoapplyincludingonline,inperson,andover thephone. HSACmemberstookfiveminutestoasktheagencyquestions. Agencywasaskedhowmanycontactstheygetonanaverageday. Agencysharedthatitwas510perday.Whenaskedtodescribethe financialliteracyprogramtheagencyclarifiedthatitisfinancialcoaching insteadofliteracyascoachingisbetterpositionedtohelpfamilies determineaspecificfinancialpathbasedontheircurrentfinancial situation.Agencyindicatedthattoprioritizefirstcome,firstservewhen askedhowifdeterminedwhoofthe114outof600wouldgetservices. Agencyexpandedthattoqualifytheclientmustamajormedicalissue, significantcarrepairs,etc.Agencywasaskedhowitidentifiedchronic users.Itdiscusseditsclienttrackingsystem.Itindicatedthatitalso conductsafollowupsurvey.Anotherstrategytolimitduplications includeskeepingopencommunicationwithotheragencies,partneringin collaborations,andaccesstoHMIS.Agencywasaskedtoexplainwhen notabletoserve,didityourefertoothercommunityresources..Agency answeredthatitdidbutthatwaslimitedbecausetherearelimited resourcesinthecommunity. Afterpresentation,membersaskedstafftogetmorebudgetdetailfromthe agencyregardingontheexpenseslistedonpage12oftheapplication. OpeningDoors Presenters:ConnieHay Theagencywasprovidedwithfiveminutestopresentinformationtosupportits fundingrequest. Agencysharedtheagencyhadbeeninoperationsfor13yearsworkingin immigrationissues.Approximatelyeightyearsagoittookontherelated issueofHumanTrafficking.Agencysharedthatpeopleareoften surprisedthatthisisanissuehereinDenton.Theagencydescribedthat thefundingrequestisuniqueininthatitwantstoutilizefundsfor outreachservicesthatwillallowthemtogooutintoschoolstogoouta talktokidsandoutreachservicestotalktobusinessonthei35corridor. ThegoalistoprovideeducationforatriskorͻƷŷƩƚǞawayandneglected Ɖźķƭͼ͵Fundingwouldsupport100classespresentationsdeliveredwith graduatestudentfromUNTandwouldincludecostsforprinted curriculummaterials,billboards,andpostersneedtosupportthe awarenesscampaign. HSACmemberstookfiveminutestoasktheagencyquestions. Agencywasaskedtodescribethescopeofproblem.Agencyprovided andoverviewandthenaclientexamplewheretheclientwasrecruited byafriendwhosubsequentlydruggedandpassedaroundtheclientfor othertotakeadvantageofsexually.Becausetheclientfearedforherlife andherfamiliesitwasnotreported.Thiswentonforayears.Agency expandedonhowitpartnerswith/ŷźƌķƩĻƓƭAdvocacyCenterandothers an incasesofhumantrafficking.Becauseitis,astheagencyputit, ͼźƓƭźķźƚǒƭhiddenĭƩźƒĻͼtheprogramisdesignedtoempowerkidsto report.Agencysharedanotherstoryofmultiplekidswhoareinjuvenile detentioncenterswhoweretraffickedbyparentsfordrugmoney. Agencysharedastatisticthatrunawaysareapproachedwithin48to72 hoursbytraffickersandothers.Theagencyexplainedthattogoalisto gettokidsearlytoeducateandgiveoptionstocombattacticsusedlike blackmailandfear.Theprogramwouldfocusontwotargets,toeducate businessesoni35corridortorecognizevictimsandtotalkwithpreteens ages1314andolderkidsjuststartingthepartyscene.Agencywasasked toclarifyofhowclientsareserve.Agencyofferedthatitprovides Outreachanditisservingpersonswhowerevictimsoftrafficking.Agency furtherexplainedthattheystartedoutwithimmigrationservicesandbut learnedthatasignificantissueintheimmigrantpopulationistheissueof humantrafficking.Immigrantsarehighlyatriskoftrafficking.Theagency wentontodetailhowitispartneringwithuniversitiestodevelop curriculumandprintedmaterials.Whenaskedhowwilltheagency captureoutcomesitindicatedthattheoutputwillbethenumbersof personstalktoandprovidedwitheducationalmaterials.Surveywill documentchangeinawarenessandabilitytoreport. VII.Adjourn ThenextmeetingofthecommitteeisFriday,March4,2016at11:30aΑCityhall East. MemberswhereremindedtoprovideEvaluationFormsbyMarch2,2016. Havingnootherbusiness,themeetingwasadjournedat1:25p. MinutesRespectfullySubmittedbyDanielleShaw,StaffLiaisontotheHSAC MinutesApproved:March4,2016 Human Services Advisory Committee Agenda City Hall East Second Floor Conference Room City Hall East, 601 E. Hickory, Denton, TX Friday, March 4, 2016, 11:30a-1:30p aĻƒĬĻƩƭ tƩĻƭĻƓƷʹ Pam Barnes, Sheryl English, Hannah Garcia, Laura Mauelshagen, James McDade, Christie Wood aĻƒĬĻƩƭ bƚƷ tƩĻƭĻƓƷʹ Meredith Buie, Stephen Coffey, Kayti Porter, Yessinia Santillan, Jane Upshaw {ƷğŅŅ tƩĻƭĻƓƷʹ Danielle Shaw I. Call to Order A quorum was established. Sheryl English, Chair called the meeting to order at 11:31a II. Announcements None. III. Approval of Minutes from February 26, 2016 tğƒ .ğƩƓĻƭ ƒƚǝĻķ ƷŷğƷ ƷŷĻ ƒźƓǒƷĻƭ ĬĻ ğƦƦƩƚǝĻķ ğƭ ƦƩĻƭĻƓƷĻķ͵ IğƓƓğŷ DğƩĭźğ ƭĻĭƚƓķĻķ ƷŷĻ ƒƚƷźƚƓ͵ ŷĻ ƒƚƷźƚƓ ĭğƩƩźĻķ͵ IV. Human Services Advisory Committee a) Conflict of Interest Disclosure No new conflicts were disclosed. b) During previous meeting on February 26, 2016 members asked staff to get more budget detail from the agency regarding on the expenses listed on page 12 of the application. that were provided in the agency application packet for members to review. Members read the expanded budget details. V. Review of Committee Evaluation Sheets Members reviewed the HSAC Evaluation Ranking Form complied results. Report items including, Mean (average), Median (Middle), Mode (Most Often), Low and High were reviewed. Clarification was made to explain the variations for Health Services recommendations in the evaluation form due to Pam Barnes abstaining from recommendations based on disclosed conflict. VI. Discussion and Approval: Committee Funding Recommendations Discussion for award recommendations began with Chair Sheryl English providing an overview of the committee priorities being focused traditionally on childcare, health care, and housing and homelessness services. Members were reminded that based on City of Denton General Fund projections and Community Development Block Grant Funds amounts to be recommended for award were estimated to be $411,945. Additional funding considerations were discussed related to the February 26, which waived the requirement that the agency be a 501(c)3 two-year and approved the acceptance of additional financial documentation provided by MKOC in place of Audit and 990 reporting. Members then went line by line for each agency. Based on the evaluation form, members began allocating recommendations for funding in order by comparing current agency funding, average recommendation amounts, and total request for 2106-17 funds. Generally, average amounts were rounded up or down to even dollar amounts. Initial Recommendations: $6,200 Boys and Girls Clubs of North Texas $16,000 Court Appointed Special Advocates (CASA) $27,000 City of Denton - Parks and Recreation $20,000 Communities in Schools $26,000 Denton Christian Preschool $36,000 Denton City County Day School $18,250 Denton Community Health Clinic (1) Case Management $7,000 Denton Community Health Clinic (2) Diabetic Eye Exams $0 Denton Community Health Clinic (3) Prosumers Peer Group $30,000 Denton County Friends of the Family (1) $5,000 Denton County Friends of the Family (2)Food $22,000 Denton County MHMR Center $48,000 Fred Moore Nursery School, Inc. $0 Giving Hope (1) HMIS $28,000 Giving Hope (2) Transitional Housing $6,180 Health Services of North Texas (1) Prescription Assistance Program $25,000 Health Services of North Texas (2) Medical $5,000 Interfaith $5,000 Monsignor King Homeless Center $7,500 Opening Doors International $12,000 RSVP: Serving Denton County (1) Volunteers $6,500 RSVP: Serving Denton County (2) VISTA $20,000 Salvation Army of Denton $22,315 Special Programs for Aging Needs Denton Community Health Clinic Prosumers Peer Group and Giving Hope HMIS; were pulled for additional discussion before recommendations were finalized. Members discussed . Prosumer Peer Group. Members discussed that they felt this was a potential duplication of services in the community and that the presentation did not make clear how the program was related to the clinic services. In addition, it was unclear to members what the funding would actually pay for and who it would benefit. Recommended amount remained $0. is not clear how HMIS alone benefits the broader community at the amount requested. Members discussed the program losing funding from other agency. Members also discussed other community data discussed in the application specifically the Point- in-Time (PIT) Count. The discussion centered on the expectation the data be available to the community in a useful way. Members did not see direct benefit of HMIS. Staff provided additional information about how HMIS and the PIT Count currently provide data to the community. Members asked that if HMIS helped with other grants, was it or could it be supported by those grants. Questions were also asked related to how much time grant preparation takes; who actually competes grants using HMIS data, what data does HMIS provide in support of grant requests. Finally, members identified that they would like to see more value from HMIS and more demonstration of actual community impact from the data before considering funding at the requested level. Recommended funding amount was increased from original $0 to $9,000. The estimate award total was reviewed and compared to current estimated allocations. This left additional funds to be recommended. After review of request versus current recommendations and a discussion on priorities, CASA, Communities in Schools, recommend award amount were increased. Final recommendations: $6,200 Boys and Girls Clubs of North Texas $20,000 Court Appointed Special Advocates (CASA) $27,000 City of Denton - Parks and Recreation $20,000 Communities in Schools $26,000 Denton Christian Preschool $36,000 Denton City County Day School $18,250 Denton Community Health Clinic (1) Case Management $7,000 Denton Community Health Clinic (2) Diabetic Eye Exams $0 Denton Community Health Clinic (3) Prosumers Peer Group $30,000 Denton County Friends of the Family (1) $5,000 Denton County Friends of the Family (2)Food $22,000 Denton County MHMR Center $48,000 Fred Moore Nursery School, Inc. $9,000 Giving Hope (1) HMIS $28,000 Giving Hope (2) Transitional Housing $6,180 Health Services of North Texas (1) Prescription Assistance Program $25,000 Health Services of North Texas (2) Medical $5,000 Interfaith $5,000 Monsignor King Homeless Center $7,500 Opening Doors International $12,000 RSVP: Serving Denton County (1) Volunteers $6,500 RSVP: Serving Denton County (2) VISTA $20,000 Salvation Army of Denton $22,315 Special Programs for Aging Needs After hearing agency presentations, reviewing data provided in applications, and the supplemental reports provided to the committee, members developed final recommendations for funding to be presented to the City Council {ŷĻƩǤƌ 9Ɠŭƌźƭŷ ƒƚǝĻķ ƷŷğƷ ƷŷĻ ƩĻĭƚƒƒĻƓķğƷźƚƓƭ ķĻǝĻƌƚƦĻķ ĬǤ ƷŷĻ ĭƚƒƒźƷƷĻĻ ĬĻ ğƦƦƩƚǝĻķ ŅƚƩ ƦƩĻƭĻƓƷğƷźƚƓ Ʒƚ ƷŷĻ /źƷǤ /ƚǒƓĭźƌ͵ IğƓƓğŷ DğƩĭźğ ƭĻĭƚƓķĻķ ƷŷĻ ƒƚƷźƚƓ͵ ŷĻ ƒƚƷźƚƓ ĭğƩƩźĻķ͵ VII. Adjourn Having no other business, the meeting was adjourned at 12:58p. Minutes Respectfully Submitted by Danielle Shaw, Staff Liaison to the HSAC Minutes Approved: City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-664,Version:1 Agenda Information Sheet DEPARTMENT:City Manager’s Office CM/ACM:George Campbell DATE:June 7, 2016 SUBJECT ConsideradoptionofanordinanceoftheCityofDentonauthorizinganagreementbetweentheCityofDenton, TexasandDentonCountyFriendsoftheFamilyforthepurposeofshelterandoutreachservices;providingfor the expenditure of funds therefor; and providing for an effective date. ($400) BACKGROUND ThisAgreementallowsforthetotalexpenditureof$400fromCouncilContingencyFunds.(CouncilMember Keely Briggs $400) Key provisions of the Agreement include: Funds shall be used by the Denton County Friends of the Family for shelter and outreach services. Inadditiontootherreportingrequirements,documentationintheformofcancelledchecksand/or correspondingreceiptsspecificallydetailingexpenditureoffundsforthepurposeprovidedisrequired for reimbursement from these designated funds. FISCAL INFORMATION Funding for the Agreement will come from Council Contingency Funds. STRATEGIC PLAN RELATIONSHIP TheCityofDenton’sStrategicPlanisanaction-orientedroadmapthatwillhelptheCityachieveitsvision. Thefoundationfortheplanisthefivelong-termKeyFocusAreas(KFA):OrganizationalExcellence;Public Infrastructure;EconomicDevelopment;Safe,Livable,andFamily-FriendlyCommunity;andSustainabilityand EnvironmentalStewardship.WhileindividualitemsmaysupportmultipleKFAs,thisspecificCityCouncil agenda item contributes most directly to the following KFA and goal: Related Key Focus Area:Safe, Liveable & Family-Friendly Community Related Goal:4.4 Provide and support outstanding leisure, cultural, and educational opportunities City of DentonPage 1 of 2Printed on 6/3/2016 powered by Legistar© File #:ID 16-664,Version:1 EXHIBITS Ordinance and Agreement Respectfully submitted: George Campbell City Manager Prepared by: Robin Fox Senior Executive Assistant City of DentonPage 2 of 2Printed on 6/3/2016 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-670,Version:1 AGENDA INFORMATION SHEET DEPARTMENT:Materials Management ACM:Bryan Langley AGENDA DATE:June 7, 2016 SUBJECT ConsideradoptionofanordinanceauthorizingtheCityManagertoexecuteaCooperativePurchasingProgram AgreementwiththeCityofWatauga,TexasunderSection271.102oftheLocalGovernmentCode,to authorizeCityofDentoncontractsforthepurchaseofvariousgoodsandservices;authorizingtheexpenditure offundstherefor;anddeclaringaneffectivedate(File6141-CooperativePurchasingProgramAgreementwith the City of Watauga). FILE INFORMATION Section271.102oftheTexasLocalGovernmentCode,authorizesrespectiveparticipatinggovernmentstoenter intoagreementsforthepurchaseofgoodsandservices.TheattachedAgreementisanauthorizationforthe CityofDentontoparticipateincontractsawardedbytheCityofWataugaandfortheCityofWataugato participateincontractsawardedbytheCityofDenton.Thecontractwillremainineffectuntilterminatedby either party. ThisAgreementwillallowbothentitiestoutilizecontractsforgoodsandservicescompetitivelybidbythe otherpartytothecontract.Thebidprocessfollowedbybothentitiesmeetsallstatutorybiddingrequirements. UponapprovaloftheAgreement,theCityofWataugaintendstoutilizetheCityofDenton’sContract#6025for Fire Department Uniforms (Exhibit 1). RECOMMENDATION Approve an Interlocal Cooperative Purchasing Program Agreement with the City of Watauga. PRINCIPAL PLACE OF BUSINESS City of Watauga Watauga, TX ESTIMATED SCHEDULE OF PROJECT ThisAgreementiseffectiveuponapprovalbytheCityofDentonandwillremainineffectuntilterminatedby either party. City of DentonPage 1 of 2Printed on 6/1/2016 powered by Legistar© File #:ID 16-670,Version:1 FISCAL INFORMATION Eachfutureacquisition,basedonthisAgreement,willfollowtheCityofDentonfiscalverificationpolicyand be charged to the appropriate budget account. STRATEGIC PLAN RELATIONSHIP TheCityofDenton’sStrategicPlanisanaction-orientedroadmapthatwillhelptheCityachieveitsvision. Thefoundationfortheplanisthefivelong-termKeyFocusAreas(KFA):OrganizationalExcellence;Public Infrastructure;EconomicDevelopment;Safe,Livable,andFamily-FriendlyCommunity;andSustainabilityand EnvironmentalStewardship.WhileindividualitemsmaysupportmultipleKFAs,thisspecificCityCouncil agenda item contributes most directly to the following KFA and goal: Related Key Focus Area:Organizational Excellence Related Goal:1.6 Collaborate with local, regional, state, and federal partners EXHIBITS Exhibit 1: Fire Uniform Contract Exhibit 2: Ordinance Exhibit 3: Cooperative Purchasing Agreement with Watauga Respectfully submitted: Chuck Springer, 349-8260 Director of Finance For information concerning this acquisition, contact: Elton Brock at 349-7133. City of DentonPage 2 of 2Printed on 6/1/2016 powered by Legistar© EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 2 ORDINANCE NO. ___________ AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A COOPERATIVE PURCHASING PROGRAM AGREEMENT WITH THE CITY OF WATAUGA, TEXAS UNDER SECTION 271.102 OF THE LOCAL GOVERNMENT CODE, TO AUTHORIZE CITY OF DENTON CONTRACTS FOR THE PURCHASE OF VARIOUS GOODS AND SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE (FILE 6141-COOPERATIVE PURCHASING PROGRAM AGREEMENT WITH THE CITYOF WATAUGA). THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager or his designee is hereby authorized to execute the Cooperative Purchasing Program Agreement with the City of Watauga, Texas under Section 271.102 of the Texas Government Code, a copy of which is attached hereto and incorporated by re SECTION 2. The City Manager or his designee is authorized to expend funds pursuant to the Agreement for the purchase of various goods and services. SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under File 6141 to the City Manager of the City of Denton, Texas, or his designee. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _______ day of _______________________, 2016. ______________________________ CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:_________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-671,Version:1 AGENDA INFORMATION SHEET DEPARTMENT:Materials Management ACM:Bryan Langley AGENDA DATE:June 7, 2016 SUBJECT ConsideradoptionofanordinanceoftheCityofDenton,TexasauthorizingtheCityManagertoexecutea SecondSupplementtoaProfessionalServicesAgreementbyandbetweentheCityofDenton,Texasandthe lawfirmofColeSchotz,P.C.,Dallas,Texasforlegalservicesrelatingtotransactionalandregulatorywork pertainingtotheTexasMunicipalPowerAgency;providingforadditionalexpenditureauthorityofnot-to- exceed$150,000;providinganeffectivedate.(File5380intheadditionalamountnot-to-exceed$150,000, aggregating a total not-to-exceed $399,500). The Public Utilities Board recommends approval (7-0). FILE INFORMATION AProfessionalLegalServicesAgreementwithColeSchotz,P.C.wasapprovedonOctober12,2013inthe amountof$75,000forlegalservicesregardingoperational,transitional,transactional,andrelatedlegalwork relatingtotheTexasMunicipalPowerAuthority.AFirstSupplementintheamountof$125,000wasapproved byCouncilonNovember18,2014.OnMarch3,2016,achangeorderintheamountof$49,500wasapproved bythePurchasingManagerincreasingthetotalamountoftheengagementto$249,500.Adetaileddescription oftheservicestobeprovidedundertheSecondSupplementisincludedintheattachedPublicUtilitiesBoard Agenda Information Sheet (Exhibit 1). InaccordancewithprovisionsofTexasLocalGovernmentCodeChapter252.022,theprocurementof professionalservicesmaybeexemptedfromcompetition.CitystaffisrecommendingapprovaloftheSecond SupplementbaseduponthedetailedqualificationscriteriaofColeSchotz,P.C.andthecontinuityofexisting services. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) OnMay23,2016,thePublicUtilitiesBoardrecommendedapprovaltoforwardthisitemtotheCityCouncil for consideration. RECOMMENDATION ApproveaSecondSupplementtotheProfessionalServicesAgreementwithColeSchotz,P.C.intheamount of $150,000 for a total not-to-exceed amount of $399,500). City of DentonPage 1 of 2Printed on 6/1/2016 powered by Legistar© File #:ID 16-671,Version:1 PRINCIPAL PLACE OF BUSINESS Cole Schotz, P.C. Dallas, TX ESTIMATED SCHEDULE OF PROJECT TheservicestobeperformedwillbeginimmediatelyuponCouncilapproval.Theagreementwillremainin effect for the period which may be reasonably required for completion of the project. FISCAL INFORMATION ThelegalserviceswillbefundedfromDentonMunicipalElectricaccount600001.7854.9210A.Alinewillbe added to Purchase Order 165328 upon Council approval. STRATEGIC PLAN RELATIONSHIP TheCityofDenton’sStrategicPlanisanaction-orientedroadmapthatwillhelptheCityachieveitsvision. Thefoundationfortheplanisthefivelong-termKeyFocusAreas(KFA):OrganizationalExcellence;Public Infrastructure;EconomicDevelopment;Safe,Livable,andFamily-FriendlyCommunity;andSustainabilityand EnvironmentalStewardship.WhileindividualitemsmaysupportmultipleKFAs,thisspecificCityCouncil agenda item contributes most directly to the following KFA and goal: Related Key Focus Area:Organizational Excellence Related Goal:1.1 Manage financial resources in a responsible manner EXHIBITS Exhibit 1: Public Utilities Board Agenda Information Sheet without Exhibits Exhibit 2: Original Agreement and First Supplement Exhibit 3: Public Utilities Board Draft Minutes Exhibit 4: Ordinance Exhibit 5: Second Supplement Respectfully submitted: Chuck Springer, 349-8260 Director of Finance For information concerning this acquisition, contact: Phil Williams at 349-8487. City of DentonPage 2 of 2Printed on 6/1/2016 powered by Legistar© EXHIBIT 1 Agenda Information Sheet DEPARTMENT: Denton Municipal Electric CM/ ACM: Howard Martin Date: May 23, 2016 SUBJECT ..Title Consider arecommendation that the City Council approve a Second Supplement to Professional Services Agreement by and between the City of Denton, Texas and the law firm of Cole Schotz, P.C., Dallas, Texas for legal services relating to transactional and regulatory work pertaining to the Texas Municipal Power Agency; providing for additional expenditure authority of not-to- exceed $150,000(File No. 5380; $150,000, in the aggregate amount of not-to-exceed $399,500). ..Body BACKGROUND On October 3, 2013 the City approved an Agreement wherein Cole Schotz, P.C., a law firm in Dallas, Texas, was engaged for an amount not-to-exceed $75,000, delegated signature authority, for legal services to be rendered to Denton Municipal Electric regarding operational, transitional, transactional,and related legal work relating to the Texas Municipal Power Agency (TMPA), of which the City of Denton holds an interest of 21.3%. Later by Ordinance No. 2014-389, enacted by the City Council on November 18, 2014 the Council approved an additional not-to-exceed $125,000 in expenditure authority for additional work to be performed by the Firm, and executed a First Supplement to the original agreement. On March 3, 2016, a change order was executed within the delegated signature authority of the Purchasing Manager, in the amount of an additional $49,500, to provide for the payment of necessary services rendered by the Firm. The amount of said engagement now totals not-to-exceed $249,500. This law firm has spearheaded the efforts of the other three TMPA member cities and the entity, TMPA in securing the passage of legislation in the most recent Legislative session permitting the TMPA member cities to elect alternate governance, cleaning up many provisions of the prior enacting documents. The Council in its April 5, 2016 meeting enacted a concurrent ordinance adopting alternate governance of TMPA. This concurrent ordinance, adopted by the four member cities of TMPA permits greater flexibility as well as providing for alternatives to the four member cities of TMPA which were not possible before. There are important options remaining regarding TMPA. In performing this work, the Firm will incur additional costs and expenses and by this Second Supplement to the original agreement, seeks additional expenditure authority of not-to-exceed $150,000, providing for a total expenditure on this engagement of not-to-exceed $399,500. The current activities and potential changes at TMPA require the further legal services of Cole Schotz, P.C. and are necessaryto fulfil regulatory and compliance matters. This field of law is highly specialized and the Firm of Cole Schotz complements the City staff regarding such activities. OPTIONS 1. Recommend approval 2. Do not recommend approval EXHIBIT 1 RECOMMENDATION City staff recommends that the Board approve the Second Supplemental Agreement with Cole Schotz, P.C. PRIOR ACTION/REVIEW (Council, Boards, Commissions) None STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Public Infrastructure Related Goal: 2.3 Promote superior utility services and facilities EXHIBITS 1. Second Supplemental Engagement Letter Respectfully submitted: Mike Copeland Deputy City Attorney Prepared by: Smith Day DME Compliance Manager EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 3 1DRAFT MINUTES 2PUBLIC UTILITIES BOARD 3May 23, 2016 4 5After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is 6present, the Chair of the Public Utilities Board will thereafter convene into an openmeeting on 7Monday, May 23, 2016 at9:03a.m. in the Service Center Training Room at the City of Service 8Center, 901 A Texas Street, Denton, Texas. 9 10Present: Chair Randy Robinson, Vice ChairPhil Gallivan,Barbara Russell, Lilia 11Bynum, Charles Jackson, Brendan Carroll and Susan Parker 12 13Absent: George Campbell, City Manager 14 15Ex Officio Members: Howard Martin, ACM Utilities 16 17OPEN MEETING 18 19CONSENT AGENDA 20 21D.PUB16-92 Consider a recommendation that the City Council approve a Second Supplement 22to Professional Services Agreement by and between the City of Denton, Texas and the law 23firm of Cole Schotz, P.C., Dallas, Texas for legal services relating to transactional and 24regulatory work pertaining to the Texas Municipal Power Agency; providing for additional 25expenditure authority of not-to-exceed $150,000 (File No. 5380; $150,000, in the aggregate 26amount of not-to-exceed $399,500). 27 28There was a motion to approve this item by Board Member Gallivan, with a second by 29Board Member Russell. The vote was 7-0 approved. 30 31Adjournment 11:28p.m. EXHIBIT 4 ORDINANCE NO. 2016-_______ AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND SUPPLEMENT TO A PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND THE LAW FIRM OF COLE SCHOTZ, P.C., DALLAS, TEXAS FOR LEGAL SERVICES RELATING TO TRANSACTIONAL AND REGULATORY WORK PERTAINING TO THE TEXAS MUNICIPAL POWER AGENCY; PROVIDING FOR ADDITIONAL EXPENDITURE AUTHORITY OF NOT- TO-EXCEED $150,000; PROVIDING AN EFFECTIVE DATE. (FILE 5380 IN THE ADDITIONAL AMOUNT NOT-TO-EXCEED $150,000, AGGREGATING A TOTAL NOT-TO- EXCEED $399,500). WHEREAS, on October 12, 2013, the City Manager awarded a Professional Services Agreement to Cole Schotz, P.C. in the amount of $75,000 for legal services regarding operational, transitional, transactional, and related legal work relating to the Texas Municipal Power Authority; and WHEREAS, on November 18, 2014, City Council approved a First Supplement to the Professional Services Agreement with Cole Schotz, P.C., (Supplement in the further amount of $125,000 aggregating a not-to-exceed amount of $200,000 for additional services relating to the Texas Municipal Power Authority; and WHEREAS, on March 3, 2016, the Purchasing Manager approved a Change Order to the Professional Services Agreement with Cole Schotz, P.C., in the further amount of $49,500 aggregating a not-to-exceed amount of $249,500 for additional services relating to the Texas Municipal Power Authority; and WHEREAS, there appears to the Council that further professional services must be completed; and the City Manager having recommended to the Council that Supplement to Professional Services Agreement with Cole Schotz, P.C. (hereafter the Supplemenbe authorized to amend such Agreements, with respect to the scope of work and an increase in the payment amount by $150,000; and said fees under the proposed Second Supplement are fair and reasonable, and are consistent with and not higher than the recommended practices and fees published by the professional associations applicable to the p; and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Second Supplement to Professional Services Agreement with Cole Schotz, P.C. (the Second Supplement), in substantially the form that is herewith by reference, which increases the amount of the engagement by and between the City of Denton, Texas and Cole Schotz, P.C., which Agreement is on file in the office of the Purchasing Agent, in the additional amount of $150,000, which amount is hereby approved; and the expenditure of funds therefor is hereby authorized in accordance with said Second Supplement. The total purchase order amount therefore increases to the amount of not-to-exceed $399,500. EXHIBIT 4 SECTION 2. The City Council of the City of Denton, Texas hereby expressly delegates the authority to expend funds and to take any actions that may be required or permitted to be performed by the City of Denton, Texas under File No. 5380, to the City Manager of the City of Denton, Texas, or his designee. SECTION 3. The recitations and statements contained in the preamble hereto are incorporated herewith as a part of this Ordinance for all purposes. SECTION 4.This ordinance shall become effective, and is hereby approvedon this date. PASSED AND APPROVED this the day of ___________, 2016. ________________________________ 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 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-672,Version:1 AGENDA INFORMATION SHEET DEPARTMENT:Materials Management ACM:Bryan Langley AGENDA DATE:June 7, 2016 SUBJECT ConsideradoptionofanordinanceacceptingcompetitiveproposalsandawardingacontractforLandscapeand SodReplacementServicesforvariousCitydepartments;providingfortheexpenditureoffundstherefor;and providinganeffectivedate(RFP6098-awardedtoClassicLandscapes,Inc.inthethree(3)yearnot-to-exceed amount of $500,000). FILE INFORMATION ThisRFPiscontracttosupplylandscapingandsodreplacementservicesforvariousCitydepartments.The servicesareneededtorepairdamagetoyardsandlandscapedareasresultingfromutilityexcavationorother Citycrewactivities.TheCityofDentonStreets,Water,WasteWater,andParksstaffutilizethecontracted vendor to provide replacement sod in a timely manner to complete repair or construction projects. RequestsforProposalsweresentto147prospectivesuppliers.Inaddition,specificationswereplacedonthe MaterialsManagementwebsiteforprospectivesupplierstodownloadandadvertisedinthelocalnewspaper. Twoproposalswerereceivedinresponsetothissolicitation.Theproposalswereevaluatedbasedupon publishedcriteriaincludingprice,deliverytimeframe,compliancewithspecifications,andindicatorsof probableperformance.ClassicLandscapes,Inc.,theCity’scurrentproviderofthisserviceandalocalvendor, was ranked the highest and was determined to be the best value for the City of Denton. RECOMMENDATION Award to Classic Landscapes, Inc., in the three (3) year not-to-exceed amount of $500,000. PRINCIPAL PLACE OF BUSINESS Classic Landscapes, Inc. Denton, TX ESTIMATED SCHEDULE OF PROJECT This is an annual contract with two (2) options to renew through June 7, 2019. City of DentonPage 1 of 2Printed on 6/1/2016 powered by Legistar© File #:ID 16-672,Version:1 FISCAL INFORMATION TheseserviceswillbefundedfromWater,WasteWater,Parks,andStreetsoperatingaccounts.Purchaseorders will be issued on an as needed basis. STRATEGIC PLAN RELATIONSHIP TheCityofDenton’sStrategicPlanisanaction-orientedroadmapthatwillhelptheCityachieveitsvision. Thefoundationfortheplanisthefivelong-termKeyFocusAreas(KFA):OrganizationalExcellence;Public Infrastructure;EconomicDevelopment;Safe,Livable,andFamily-FriendlyCommunity;andSustainabilityand EnvironmentalStewardship.WhileindividualitemsmaysupportmultipleKFAs,thisspecificCityCouncil agenda item contributes most directly to the following KFA and goal: Related Key Focus Area:Organizational Excellence Related Goal:1.4 Achieve high level of customer satisfaction EXHIBITS Exhibit 1: Pricing and Evaluation Sheet Exhibit 2: Ordinance Exhibit 3: Contract Respectfully submitted: Chuck Springer, 349-8260 Director of Finance For information concerning this acquisition, contact: Keith Gabbard at 349-7144. City of DentonPage 2 of 2Printed on 6/1/2016 powered by Legistar© EXHIBIT 2 ORDINANCE NO. 2016-______ AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A CONTRACT FOR LANDSCAPE AND SOD REPLACEMENT SERVICES FOR VARIOUS CITY DEPARTMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 6098AWARDED TO CLASSIC LANDSCAPES, INC. IN THE THREE (3) YEAR NOT-TO-EXCEED AMOUNT OF $500,000). WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for landscape and sod replacement services 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, 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 6098 Classic Landscapes, Inc. $500,000 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. EXHIBIT 2 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. This will be an initial one (1) year contract with options to extend the contract for two (2) additional one (1) year periods with all terms and conditions remaining the same. 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 6098to 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 proposals. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2016. ______________________________ CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:____________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ DocuSign Envelope ID: 170B04B1-8288-4B29-8B68-C8F018BD41AA EXHIBIT 3 CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AN CLASSIC LANDSCAPES, INC. (RFP 6098) THIS CONTRACTis made and entered into this date ______________________, by and between Classic Landscapes, Inc., a corporation, whose address is PO Box 1247, Denton, TX 76202, hereinafter referred to as "Contractor," and the CITY OF DENTON, 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 and/or services in document RFP # 6098 Landscaping and Sod Replacement Services, 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: (a) Special Terms and Conditions (b) Request for Proposal (on File at the Office of the Purchasing Agent); (c) City of Denton Standard Terms and Conditions C; (d) Insurance Requirements D (e) Certificate of Interested Parties Electronic Filing (Exhibit "E"); (f) (Exhibit "F"); 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 Contract # 6098 DocuSign Envelope ID: 170B04B1-8288-4B29-8B68-C8F018BD41AA EXHIBIT 3 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. CONTRACTOR BY: AUTHORIZED SIGNATURE Date: Name: Title: PHONE NUMBER EMAIL ADDRESS TEXAS ETHICS COMMISSION CERTIFICATE NUMBER CITY OF DENTON, TEXAS ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: GEORGE C. CAMPBELL, CITY MANAGER BY: __________________________________ Date: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: __________________________________ Contract # 6098 DocuSign Envelope ID: 170B04B1-8288-4B29-8B68-C8F018BD41AA EXHIBIT 3 Exhibit A Special Terms and Conditions Total Contract Amount The contract total for services shall not exceed $500,000.Pricing shall be per Exhibit F attached. 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 Contract prices forservices 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, Employment Cost Index (ECI) for Total Compensation, Private Industry Construction Workers (CIU2012300000000A) as found at (http://www.bls.gov). The price will be increased or decreased based upon the annual percentage change in the ECI. The maximum escalation will not exceed +/- 8% for any individual year. The escalation will be determined annually at the renewal date. Should the ECI change exceed a minimum threshold value of +/- 1%, then the stated eligible bid prices shall be adjusted in accordance with the ECI change not to exceed the 8% limit per year. The supplier should provide documentation as percentage of each cost associated with the 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. Contractor must also provide supporting documentation as justification for the request. 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 days after 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 days after 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. The request can be sent by e-mail to: purchasing@cityofdenton.com noting the solicitation number. The City of Denton reserves the right to accept, reject, or negotiate the proposed price changes. Contract # 6098 DocuSign Envelope ID: 170B04B1-8288-4B29-8B68-C8F018BD41AA EXHIBIT 3 Exhibit C Standard Purchase Terms and Conditions These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings contracts/purchase orders issued by the City of Denton hereinafter referred to as the City or Buyer and the Seller or respondent herein after referred to as Contractor or Supplier. Any Department and the Supplier. No Terms and Conditions contained in 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. The Contractor 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, 22 and 32 shall apply only to a solicitation to purchase services to be -of-way. 1.. The Contractor shall fully and timely provide all the terms, covenants, and conditions of the Contract and all applicable Federal, State, and local laws, rules, and regulations. 2.EFFECTIVE DATE/TERM. 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. 3.CONTRACTOR TO PACKAGE DELIVERABLES: The Contractor will package deliverables in accordance with good commercial practice and shall include a packing list showing the description of each item, the quantity and unit price unless otherwise provided in the Specifications or Supplemental Terms and Conditions, each shipping container shall be clearly address and purchase order or purchase release number and the price agreement number if applicable, (c) Container number and total number of containers, e.g. box 1 of 4 boxes, and (d) the number of the container bearing the packing list. The Contractor shall bear cost of packaging. Deliverables shall be suitably packed to secure lowest transportation costs and to conform to all the requirements of common carriers and any applicable specification. The City's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 4.SHIPMENT UNDER RESERVATION PROHIBITED: The Contractor is not authorized to ship the deliverables under reservation and no tender of a bill of lading will operate as a tender of deliverables. 5.TITLE & RISK OF LOSS: Title to and risk of loss of the deliverables shall pass to the City only when the City actually receives and accepts the deliverables. Contract # 6098 DocuSign Envelope ID: 170B04B1-8288-4B29-8B68-C8F018BD41AA EXHIBIT 3 6.DELIVERY TERMS AND TRANSPORTATION CHARGES: Deliverables shall be shipped F.O.B. point of delivery unless otherwise specified in the Supplemental Terms and Conditions. Unless otherwise s 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. 7.RIGHT OF INSPECTION AND REJECTION: 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 shall furnish, or cause to be furnished, without additional charge, all reasonable facilities and assistance to the City to facilitate such inspection. 8.NO REPLACEMENT OF DEFECTIVE TENDER: 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 Contractor shall not have the right to substitute a conforming tender; provided, where the time for performance has not yet expired, the Contractor may notify the City of the intention to cure and may then make a conforming tender within the time allotted in the contract. 9.PLACE AND CONDITION OF WORK: The City shall provide the Contractor access to the sites where the Contractor is to perform the services as required in order for the Contractor to perform the services in a timely and efficient manner, in accordance with and subject to the applicable security laws, rules, and regulations. The Contractor acknowledges that it has satisfied 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 Contractor hereby releases and holds the City harmless from and against any liability or claim for damages of any kind or nature if the actual site or service conditions differ from expected conditions. The contractor shall, at all times, exercise reasonable precautions for the safety of their facilities. 10.WORKFORCE A. The Contractor shall employ only orderly and competent workers, skilled in the performance of the services which they will perform under the Contract. B. The Contractor, 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 Contract # 6098 DocuSign Envelope ID: 170B04B1-8288-4B29-8B68-C8F018BD41AA EXHIBIT 3 the job. C. If the City or the City's representative notifies the Contractor that any worker is incompetent, disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the Contractor shall immediately remove such worker from Contract services, and may not employ such worker again on Contract services without the City's prior written consent. Immigration: The Contractor represents and warrants that it shall comply with the requirements of the Immigration Reform and Control Act of 1986 and 1990 regarding employment verification and retention of verification forms for any individuals hired on or after November 6, 1986, who will perform any labor or services under the Contract and the Illegal Immigration 11.COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL REGULATIONS: The Cont 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 Contractor shall indemnify and hold the City harmless from and against all claims, demands, suits, actions, obligations under this paragraph. Environmental Protection: The Respondent shall be in compliance with all applicable standards, orders, or regulations issued pursuant to the mandates of the Clean Air Act (42 U.S.C. §7401et seq.) and the Federal Water Pollution Control Act, as amended, (33 U.S.C. §1251 et seq.). 12.INVOICES: 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. B. Proper Invoices must include a unique invoice number, the purchase order or delivery 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 remittance address and, if applicable, the tax identification number on the invoice must exactly match the infor 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 Contractor shall pass through all Subcontract and other authorized expenses at actual cost without markup. E. Federal excise taxes, State taxes, or City sales taxes must not be included in the invoiced amount. The City will furnish a tax exemption certificate upon request. Contract # 6098 DocuSign Envelope ID: 170B04B1-8288-4B29-8B68-C8F018BD41AA EXHIBIT 3 13.PAYMENT: A. All proper invoices need to be sent to Accounts Payable. Approved invoices will be paid of the invoice being received in Accounts Payable, whichever is later. B. If payment is not timely made, (per paragraph A); interest shall accrue on the unpaid 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; loyees or contractors, which is not covered by insurance required to be provided by the Contractor; 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 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 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. 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. 14.TRAVEL EXPENSES: 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. During the term of this contract, the contractor shall bill and the City shall reimburse contractor for all Contract # 6098 DocuSign Envelope ID: 170B04B1-8288-4B29-8B68-C8F018BD41AA EXHIBIT 3 reasonable and approved out of pocket expenses which are incurred in the connection with the performance of duties hereunder. Notwithstanding the foregoing, expenses for the time spent by the contractor in traveling to and from City facilities shall not be reimbursed, unless otherwise negotiated. 15.FINAL PAYMENT AND CLOSE-OUT: 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 obligations under the Contract, including but not limited to indemnity and warranty obligations, all claims by the Contractor against the City other than those previously asserted in writing and not yet settled. 16.SPECIAL TOOLS & TEST EQUIPMENT: If the price stated on the Offer includes the cost of any special tooling or special test equipment fabricated or required by the Contractor for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the City and shall be identified by the Contractor as such. 17.RIGHT TO AUDIT: 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 the Contractor 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 to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. 18.SUBCONTRACTORS: 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 Contract # 6098 DocuSign Envelope ID: 170B04B1-8288-4B29-8B68-C8F018BD41AA EXHIBIT 3 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 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. The Contractor 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. 19.WARRANTY-PRICE: 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 firm 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. 20.WARRANTY TITLE: The Contractor warrants that it has good and indefeasible title to all deliverables furnished under the Contract, and that the deliverables are free and clear of all liens, claims, security interests and encumbrances. The Contractor shall indemnify and hold the Contract # 6098 DocuSign Envelope ID: 170B04B1-8288-4B29-8B68-C8F018BD41AA EXHIBIT 3 City harmless from and against all adverse title claims to the deliverables. 21.WARRANTY DELIVERABLES: The Contractor warrants and represents that all deliverables sold the City under the Contract shall be free from defects in design, workmanship or manufacture, and conform in all material respects to the specifications, drawings, and descriptions in the Solicitation, to any samples furnished by the Contractor, 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 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. C. Unless otherwise specified in the Contract, the warranty period shall be at least one year from the date of acceptance of the deliverables or from the date of acceptance of any replacement deliverables. If during the warranty period, one or more of the above warranties are breached, the Contractor shall promptly upon receipt of demand either repair the non-conforming deliverables, or replace the non- 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 Contractor. The City shall endeavor to give the Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery of the breach of warranty, but failure to D. If the Contractor is unable or unwilling to repair or replace defective or non-conforming deliverables as required by the City, then in addition to any other available remedy, the City may reduce the quantity of deliverables it may be required to purchase under the Contract from the Contractor, and purchase conforming deliverables from other sources. In such event, the Contractor shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such deliverables from another source. E. If the Contractor is not the manufacturer, and the deliverables are covered by a separate the Contractor shall assist and cooperate with the City to the fullest extent to enforce such manufacture 22.WARRANTY SERVICES: 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 days of discovery this section. Contract # 6098 DocuSign Envelope ID: 170B04B1-8288-4B29-8B68-C8F018BD41AA EXHIBIT 3 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 shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such services from another source. 23.ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES: 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 al 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. 24.RIGHT TO ASSURANCE: Whenever one party to the Contract in good faith has reason to 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. 25.STOP WORK NOTICE: 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. 26.DEFAULT: 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 i by the Contractor to the City. 27.TERMINATION FOR CAUSE: 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 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, ault, including, post-judgment interest at the maximum lawful rate. Additionally, in the event of a default by the Contractor, the City may remove the Contracto 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 Contract # 6098 DocuSign Envelope ID: 170B04B1-8288-4B29-8B68-C8F018BD41AA EXHIBIT 3 provided by law. 28.TERMINATION WITHOUT CAUSE: The City shall have the right to terminate the 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. 29.FRAUD: 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. 30.DELAYS: 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. 31.INDEMNITY: 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 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 sale of defective or non-conforming deliverables, negligence, willful misconduct or a breach of any legally imposed strict liability standard. Contract # 6098 DocuSign Envelope ID: 170B04B1-8288-4B29-8B68-C8F018BD41AA EXHIBIT 3 B. THE CONTRACTOR SHALL DEFEND (AT THE OPTION OF THE CITY), 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 THE CONTRACTOR'S AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE S OBLIGATIONS UNDER THE CONTRACT. NOTHING HEREIN SHALL BE DEEMED TO LIMIT THE RIGHTS OF THE CITY OR THE CONTRACTOR (INCLUDING, BUT NOT LIMITED TO, THE RIGHT TO SEEK CONTRIBUTION) AGAINST ANY THIRD PARTY WHO MAY BE LIABLE FOR AN INDEMNIFIED CLAIM. 32.INSURANCE: The following insurance requirements are applicable, in addition to the specific insurance requirements detailed in Appendix A for services only. The successful firm shall procure and maintain insurance of the types and in the minimum amounts acceptable to the City of Denton. The insurance shall be written by a company licensed to do business in the State of Texas and satisfactory to the City of Denton. A. General Requirements: i. The 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 p 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 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 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. 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.M. Best ratings of A- VII or better. The City 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 Contract # 6098 DocuSign Envelope ID: 170B04B1-8288-4B29-8B68-C8F018BD41AA EXHIBIT 3 Denton, Texas 76209 y 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. 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 notice of erosion of the aggregate limits below occurrence limits for all applicable quirements 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. 33.CLAIMS: 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 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. 34.NOTICES: 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 Contract # 6098 DocuSign Envelope ID: 170B04B1-8288-4B29-8B68-C8F018BD41AA EXHIBIT 3 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 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. 35.RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: 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. 36.NO WARRANTY BY CITY AGAINST INFRINGEMENTS: 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 applicable, license rights, and its use of the deliverables infringes the intellectual property rights of any third 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- way di warranty that the production, development, or delivery of such deliverables will not impact such warranties of Contractor. 37.CONFIDENTIALITY: In order to provide the deliverables to the City, Contractor may inventions, employee information, trade secrets, confidential know-how, confidential business information, and other information which the City or its licensors consider confidential) 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 Contractor uses within its Contract # 6098 DocuSign Envelope ID: 170B04B1-8288-4B29-8B68-C8F018BD41AA EXHIBIT 3 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. 38.OWNERSHIP AND USE OF DELIVERABLES: 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 and to such deliverables, provided however, that nothing in this Para 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 exclusive right, title, and interest in and to the deliverables. The Contra 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. 39.PUBLICATIONS: 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. 40.ADVERTISING consent, the fact that the City has entered into the Contract, except to the extent required by law. Contract # 6098 DocuSign Envelope ID: 170B04B1-8288-4B29-8B68-C8F018BD41AA EXHIBIT 3 41.NO CONTINGENT FEES: 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 deduct from any amounts owed to the Contractor, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. 42.GRATUITIES: 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 of Denton with a view toward securing the Contract or securing favorable treatment with respect to the awarding or amending or the making of any determinations with respect to the performing of such contract. In the event the Contract is canceled by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by the Contractor in providing such gratuities. 43.PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: 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 Interest Questionnaire. 44.INDEPENDENT CONTRACTOR: The Contract shall not be construed as creating an 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 of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, ervision 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 of Denton, Texas, or his designee under this agreement. The contractor is expressly free to advertise and perform services for other parties while performing services for the City. 45.ASSIGNMENT-DELEGATION: 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 Contract # 6098 DocuSign Envelope ID: 170B04B1-8288-4B29-8B68-C8F018BD41AA EXHIBIT 3 the Contract. 46.WAIVER: 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 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. 47.MODIFICATIONS: 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. 48.INTERPRETATION: 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. 49.DISPUTE RESOLUTION: 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 C parties will bear their own costs of participation such as fees for any consultants or attorneys they Contract # 6098 DocuSign Envelope ID: 170B04B1-8288-4B29-8B68-C8F018BD41AA EXHIBIT 3 may utilize to represent them or otherwise assist them in the mediation. 50.JURISDICTION AND VENUE: 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. 51.INVALIDITY: 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. 52.HOLIDAYS: The following holidays are observed by the City: MLK Day Memorial Day 4th of July Labor Day Thanksgiving Day Day After Thanksgiving Christmas Eve (observed) Christmas Day (observed) If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday falls on Sunday, it will be observed on the following Monday. Normal hours of operation shall be between 8:00 am and 4:00 pm, Monday through Friday, excluding City of Denton Holidays. Any scheduled deliveries or work performance not within the normal hours of operation must be approvedby the City Manager of Denton, Texas or his authorized designee. 53.SURVIVABILITY OF OBLIGATIONS: 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. 54.NON-SUSPENSION OR DEBARMENT CERTIFICATION: The City of Denton is prohibited from contracting with or making prime or sub-awards to parties that are suspended or debarred or whose principals are suspended or debarred from Federal, State, or City of Denton Contracts. By accepting a Contract with the City, the Vendor certifies that its firm and its principals are not currently suspended or debarred from doing business with the Federal Government, as indicated by the General Services Administration List of Parties Excluded from Federal Procurement and Non-Procurement Programs, the State of Texas, or the Contract # 6098 DocuSign Envelope ID: 170B04B1-8288-4B29-8B68-C8F018BD41AA EXHIBIT 3 City of Denton. 55.EQUAL OPPORTUNITY A.Equal Employment Opportunity: 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. B. Americans with Disabilities Act (ADA) Compliance: engage in any discriminatory employment practice against individuals with disabilities as defined in the ADA. 56. BUY AMERICAN ACT-SUPPLIES (Applicable to certain federally funded requirements) The following federally funded requirements are applicable. 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 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 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 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 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". 57. RIGHT TO INFORMATION: The City of Denton reserves the right to use any and all information presented in any response to this contract, whether amended or not, except as prohibited by law. Selection of rejection of the submittal does not affect this right. Contract # 6098 DocuSign Envelope ID: 170B04B1-8288-4B29-8B68-C8F018BD41AA EXHIBIT 3 58. LICENSE FEES OR TAXES: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. 59.PREVAILING WAGE RATES: The contractor shall comply with prevailing wage rates as defined by the United States Department of Labor Davis-Bacon Wage Determination at http://www.dol.gov/whd/contracts/dbra.htm and at the Wage Determinations website www.wdol.gov for Denton County, Texas (WD-2509). 60. COMPLIANCE WITH ALL STATE, FEDERAL, AND LOCAL LAWS: 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. 61. FEDERAL, STATE, AND LOCAL REQUIREMENTS: Respondent shall demonstrate on-site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act 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 sta compliance with all federal and State tax laws and withholding requirements. The City of Denton 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 of Denton and shall pay all costs, penalties, or losses resulting from Respondent's omission or breach of this Section. 62. DRUG FREE WORKPLACE: 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. 63. RESPONDENT LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: 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 of Denton Procurement Manager in writing of any such damage within one (1) calendar day. 64. FORCE MAJEURE: The City of Denton, 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 of Denton. In the event of an occurrence under this Section, the Contract # 6098 DocuSign Envelope ID: 170B04B1-8288-4B29-8B68-C8F018BD41AA EXHIBIT 3 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 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. 65. NON-WAIVER OF RIGHTS: 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, fa 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. 66. NO WAIVER OF SOVEREIGN IMMUNITY: 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. 67. RECORDS RETENTION: 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. Should a conflict arise between any of the contract documents, it shall be resolved with the following order of precedence (if applicable). In any event, the final negotiated contract shall take precedence over any and all contract documents to the extent of such conflict. 1.Final negotiated contract 2.RFP/Bid documents 3. 4.Purchase order 5.Supplier terms and conditions Contract # 6098 DocuSign Envelope ID: 170B04B1-8288-4B29-8B68-C8F018BD41AA EXHIBIT 3 Exhibit D INSURANCE REQUIREMENTS AND COMPENSATION REQUIREMENTS Upon contract execution, all insurance requirements shall become contractual obligations, which the successful contractor shall 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 insurance including any applicable addendum or endorsements, containing the contract number and title of the project. Contractor may, upon written request to the Purchasing Department, 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 Texas with an A.M. Best Company rating of at least A or better. 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 Insured the City of Denton, its Officials, Agents, Employees and volunteers. That such insurance is primary to any other insurance available to the Additional Insured with 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. Contract # 6098 DocuSign Envelope ID: 170B04B1-8288-4B29-8B68-C8F018BD41AA EXHIBIT 3 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: \[X\] A. General Liability Insurance: 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. Contract # 6098 DocuSign Envelope ID: 170B04B1-8288-4B29-8B68-C8F018BD41AA EXHIBIT 3 \[X\] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000 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. \[X\] Workers Compensation Insurance 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 Contractor shall 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 Contractor shall 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 company that carries the Contractor's liability insurance. Policy limits will be at least $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 Liability Insurance Professional liability insurance with limits not less than $1,000,000.00 per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. Contract # 6098 DocuSign Envelope ID: 170B04B1-8288-4B29-8B68-C8F018BD41AA EXHIBIT 3 \[ \] 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. \[ \] Environmental Liability Insurance Environmental liability insurance for $1,000,000 to cover all hazards contemplated by this contract. \[ \] Riggers Insurance Said coverage may be Installation Floater covering rigging contractors; or through ISO form IH 00 91 12 11, Said coverage shall mirror the limits provided by the CGL coverage \[ \] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The 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. Contract # 6098 DocuSign Envelope ID: 170B04B1-8288-4B29-8B68-C8F018BD41AA EXHIBIT 3 ATTACHMENT 1 \[X\] 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. Contract # 6098 DocuSign Envelope ID: 170B04B1-8288-4B29-8B68-C8F018BD41AA EXHIBIT 3 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; 4. obtain from each other person with whom it contracts, and provide to the contractor: Contract # 6098 DocuSign Envelope ID: 170B04B1-8288-4B29-8B68-C8F018BD41AA EXHIBIT 3 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. J. By signing this contract or providing or causing to be provided a certificate of 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. K. Th 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. Contract # 6098 DocuSign Envelope ID: 170B04B1-8288-4B29-8B68-C8F018BD41AA EXHIBIT 3 Exhibit E Certificate of Interested Parties Electronic Filing In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that the City may not enter into this contract unless the Contractor submits a disclosure of interested parties (Form 1295) to the City at the time the Contractor submits the signed contract. The Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Commission. Contractor will be required to furnish an original notarized Certificate of Interest Parties before the contract is awarded, in accordance with Government Code 2252.908. The contractor shall: 1. Log onto the State Ethics Commission Website at : https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm 2. Register utilizing the tutorial provided by the State 3. Print a copy of the completed Form 1295 4. Enter the Certificate Number on page 2 of this contract. 5. Sign and notarize the Form 1295 6. Email the notarized form to purchasing@cityofdenton.com with the contract number in the subject line. (EX: Contract 1234 Form 1295) The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics Contract # 6098 DocuSign Envelope ID: 170B04B1-8288-4B29-8B68-C8F018BD41AA CONTRACT 6098 EXHIBIT 3 EXHIBIT F DocuSign Envelope ID: 170B04B1-8288-4B29-8B68-C8F018BD41AA CONTRACT 6098 EXHIBIT 3 EXHIBIT F wCt ЏЉВБ Ώ tƩźĭźƓŭ ŅƚƩ {ǒƦƦƌǤ ƚŅ \[ğƓķƭĭğƦźƓŭΉ{ƚķ wĻƦƌğĭĻƒĻƓƷ {ĻƩǝźĭĻƭ Classics Landscape Proposer's Name: Prinicipal Place of Business: Denton Tx EST. Item #Description ANNUAL QTY UOM Unit Price Bermuda installed to grade with limited ground preparation. Price to 115,000SY include, materials, labor and equipment. $ 4.00 Bermuda installed to grade with minimal ground preparation (less than 23,000SY 2"). Price to include, materials, labor and equipment.$ 4.25 Bermuda installed to grade with minimal ground preparation (less than 31,000SY 2"). Price to include, materials, labor and equipment. $ 4.25 St. Augustine installed to grade with minimal ground preparation (less 415,000SY than 2"). Price to include, materials, labor and equipment.$ 4.50 One gallon perennial installed. Price to include, materials, labor and 525EA equipment. $ 10.00 One gallon shrub installed. Price to include, materials, labor and 625EA equipment.$ 10.00 Three gallon perennial installed. Price to include, materials, labor and 725EA equipment. $ 25.00 Three gallon shrub installed. Price to include, materials, labor and 825EA equipment.$ 25.00 Five gallon perennial installed. Price to include, materials, labor and 925EA equipment. $ 30.00 Five gallon shrub installed. Price to include, materials, labor and 1025EA equipment.$ 30.00 10 gallon perennial installed. Price to include, materials, labor and 1125EA equipment. $ 75.00 10 gallon shrub installed. Price to include, materials, labor and 1225EA equipment.$ 75.00 30 gallon perennial installed. Price to include, materials, labor and 1325EA equipment. $ 175.00 30 gallon shrub installed. Price to include, materials, labor and 1425EA equipment.$ 175.00 1 DocuSign Envelope ID: 170B04B1-8288-4B29-8B68-C8F018BD41AA CONTRACT 6098 EXHIBIT 3 EXHIBIT F DocuSign Envelope ID: 170B04B1-8288-4B29-8B68-C8F018BD41AA CONTRACT 6098 EXHIBIT 3 EXHIBIT F XXXXXXXXXXX DocuSign Envelope ID: 170B04B1-8288-4B29-8B68-C8F018BD41AA CONTRACT 6098 EXHIBIT 3 EXHIBIT F DocuSign Envelope ID: 170B04B1-8288-4B29-8B68-C8F018BD41AA CONTRACT 6098 EXHIBIT 3 EXHIBIT F DocuSign Envelope ID: 170B04B1-8288-4B29-8B68-C8F018BD41AA CONTRACT 6098 EXHIBIT 3 EXHIBIT F XXXXXXXXXXX DocuSign Envelope ID: 170B04B1-8288-4B29-8B68-C8F018BD41AA CONTRACT 6098 EXHIBIT 3 EXHIBIT F XXXXXXXXXXX DocuSign Envelope ID: 170B04B1-8288-4B29-8B68-C8F018BD41AA CONTRACT 6098 EXHIBIT 3 EXHIBIT F DocuSign Envelope ID: 170B04B1-8288-4B29-8B68-C8F018BD41AA CONTRACT 6098 EXHIBIT 3 EXHIBIT F XXXXXXXXXXX DocuSign Envelope ID: 170B04B1-8288-4B29-8B68-C8F018BD41AA CONTRACT 6098 EXHIBIT 3 EXHIBIT F XXXXXXXXXXX DocuSign Envelope ID: 170B04B1-8288-4B29-8B68-C8F018BD41AA CONTRACT 6098 EXHIBIT 3 EXHIBIT F XXXXXXXXXX EXHIBIT 3 Certificate Of Completion Envelope Id: 170B04B182884B298B68C8F018BD41AAStatus: Sent Subject: City Council Docusign Item - 6098 Source Envelope: Document Pages: 43Signatures: 3Envelope Originator: Certificate Pages: 6Initials: 0Karen E. Smith AutoNav: Enabledkaren.smith@cityofdenton.com EnvelopeId Stamping: EnabledIP Address: 129.120.6.150 Time Zone: (UTC-06:00) Central Time (US & Canada) Record Tracking Status: OriginalHolder: Karen E. SmithLocation: DocuSign 5/19/2016 9:54:08 AM karen.smith@cityofdenton.com Signer EventsSignatureTimestamp Karen E. SmithSent: 5/19/2016 10:01:21 AM Completed karen.smith@cityofdenton.comViewed: 5/19/2016 10:01:33 AM Assistant Purchasing ManagerSigned: 5/19/2016 10:01:54 AM Using IP Address: 129.120.6.150 City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Kevin UnderwoodSent: 5/19/2016 10:01:55 AM kunderwood049@aol.comViewed: 5/20/2016 2:36:27 PM Security Level: Email, Account Authentication Signed: 5/20/2016 2:38:00 PM (Optional) Using IP Address: 173.74.227.214 Electronic Record and Signature Disclosure: Accepted: 5/20/2016 2:36:27 PM ID: 2440a0be-6fcb-4a35-9a97-9f4d64630164 John KnightSent: 5/20/2016 2:38:03 PM john.knight@cityofdenton.comViewed: 5/20/2016 3:03:30 PM Deputy City AttorneySigned: 5/20/2016 3:03:42 PM City of Denton Using IP Address: 129.120.6.150 Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Julia WinkleySent: 5/20/2016 3:03:44 PM julia.winkley@cityofdenton.comViewed: 5/20/2016 3:10:53 PM Contracts Administration Supervisor City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: George C. Campbell george.campbell@cityofdenton.com Security Level: Email, Account Authentication (Optional) EXHIBIT 3 Signer EventsSignatureTimestamp Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Jennifer Walters jennifer.walters@cityofdenton.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: In Person Signer EventsSignatureTimestamp Editor Delivery EventsStatusTimestamp Agent Delivery EventsStatusTimestamp Intermediary Delivery EventsStatusTimestamp Certified Delivery EventsStatusTimestamp Carbon Copy EventsStatusTimestamp Julia WinkleySent: 5/20/2016 2:38:02 PM julia.winkley@cityofdenton.com Contracts Administration Supervisor City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Sherri ThurmanSent: 5/20/2016 2:38:02 PM sherri.thurman@cityofdenton.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Robin Fox Robin.fox@cityofdenton.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Accepted: 10/9/2015 1:39:51 PM ID: 04463961-03db-4c4d-9228-d660d6146ed6 Jane Richardson jane.richardson@cityofdenton.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Jennifer Bridges jennifer.bridges@cityofdenton.com Security Level: Email, Account Authentication (Optional) EXHIBIT 3 Carbon Copy EventsStatusTimestamp Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Keith Gabbard keith.gabbard@cityofdenton.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Jane Richardson jane.richardson@cityofdenton.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Notary EventsTimestamp Envelope Summary EventsStatusTimestamps Envelope SentHashed/Encrypted5/20/2016 3:03:44 PM Electronic Record and Signature Disclosure EXHIBIT 3 ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-673,Version:1 AGENDA INFORMATION SHEET DEPARTMENT:Materials Management ACM:Bryan Langley AGENDA DATE:June 7, 2016 SUBJECT Consideradoptionofanordinanceacceptingcompetitiveproposalsandawardingacontractforplumbing servicesforCityofDenton;providingfortheexpenditureoffundstherefor;andprovidinganeffectivedate (RFP 6004-awarded to CBS Mechanical Services, Inc. in a three (3) year amount not to exceed $450,000). RFP INFORMATION ThisRFPistoprovideplumbingservicesforvariousCitybuildingsonanasneededbasistoassisttheCityof Dentonwithrenovations,remodels,andmaintenanceofexistingfacilities.TheCityofDentonFacilities Management Department will oversee the work performed under this contract. RequestforProposalsweresentto219prospectivesuppliers,includinglocalsuppliers.Inaddition, specificationswereplacedontheMaterialsManagementwebsiteforprospectivesupplierstodownload,and advertisedinthelocalnewspaper.One(1)responsiveproposalwasreceivedfromCBSMechanicalServices, Inc.,alocalvendor.Staffdidreceivefeedbackfromothervendorsthattheirstaffwastoosmalltobe responsivetothisvolumeofwork.Theproposalwasevaluatedbaseduponpublishedcriteriaincludingprice, delivery,compliancewithspecifications,andindicatorsofprobableperformance.CBSMechanicalServices, Inc. met the required specifications and was determined to be the best value for the City (Exhibit 1). RECOMMENDATION AwardacontractforelectricalservicesfortheCityofDentontoCBSMechanicalServices,Inc.inathree(3) year amount not to exceed $450,000. PRINCIPAL PLACE OF BUSINESS CBS Mechanical Services, Inc. Denton, TX ESTIMATED SCHEDULE OF PROJECT Thisisaninitialone(1)yearcontractwithoptionstoextendthecontractfortwo(2)additionalone(1)year periods, with all terms and conditions remaining the same. City of DentonPage 1 of 2Printed on 6/1/2016 powered by Legistar© File #:ID 16-673,Version:1 FISCAL INFORMATION Theservicesutilizedthroughthiscontractwillbefundedfromtheusingdepartment’soperatingaccountsor Capital Improvement Plan (CIP) project accounts on an as needed basis. STRATEGIC PLAN RELATIONSHIP TheCityofDenton’sStrategicPlanisanaction-orientedroadmapthatwillhelptheCityachieveitsvision. Thefoundationfortheplanisthefivelong-termKeyFocusAreas(KFA):OrganizationalExcellence;Public Infrastructure;EconomicDevelopment;Safe,Livable,andFamily-FriendlyCommunity;andSustainabilityand EnvironmentalStewardship.WhileindividualitemsmaysupportmultipleKFAs,thisspecificCityCouncil agenda item contributes most directly to the following KFA and goal: Related Key Focus Area:Organizational Excellence Related Goal:1.1 Manage financial resources in a responsible manner EXHIBITS Exhibit 1: Evaluation and Ranking Sheet Exhibit 2: Ordinance Exhibit 3: Contract Respectfully submitted: Chuck Springer, 349-8260 Director of Finance For information concerning this acquisition, contact: Dean Hartley at 349-8243. City of DentonPage 2 of 2Printed on 6/1/2016 powered by Legistar© EXHIBIT 1 RFP 6004 - Pricing Sheet for SUPPLY OF PLUMBING SERVICES Respondent's Business Name:CBS MECHANICAL SVS. Principal Place of Business DENTON, TX Product Proposal Pricing (PRICING SHALL INCLUDE ALL COSTS TO DELIVER GOODS AS SPECIFIED F.O.B DESTINATION): NOTE: The City of Denton Facilities Management selects brands/type of equipment/supplies Bidders should familiarize themselves with the local conditions affecting the cost of the work and the site of the work. Bidders are required to perform, provide and furnish all of the labor, materials, necessary tools, fees, permits and equipment including transportation services necessary to complete the work outlined at the unit prices indicated below. EST. HRLY Item # Description Extended Price UOMUnit Price RATE SECTION A - SERVICE WORK HOURLY RATE: 7 AM - 5 PM / MONDAY THRU FRIDAY 11HR$ 85.00$ 85.00 After Normal Working Hours$ 85.00$ 85.00 21HR Holidays 31HR$ 85.00$ 85.00 $ 255.00 Total for SECTION A SECTION B - EMERGENCY WORK HOURS: 30 MINUTES RESPONSE TIME: 7 AM - 5 PM / MONDAY THRU FRIDAY $ 85.00$ 85.00 41HR After Normal Working Hours 51HR$ 85.00$ 85.00 Holidays $ 85.00$ 85.00 61HR Total for SECTION B$ 255.00 SECTION C - MATERIAL Mark-up: Material mark-up from wholesale rate (%) with back-up documentation 7 30% 30% Total for SECTION C SECTION D - SUB-CONTRACTOR: Rates 20% 81HR Material mark-up from wholesale rate (%) with back-up documentation 9 30% Total for SECTION D Payment TermsDiscount % Invoice Paid in 15 days 0.00% S:\\Materials Management\\PRCH\\Agenda\\Agenda 2015-16\\June 7, 2016\\6004-Plumbing Services\\Exhibit 1 - 6004-1 Pricing Sheet for Plumbing Services EXHIBIT 2 ORDINANCE NO. 2016-______ AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A CONTRACT FOR PLUMBING SERVICES FOR CITY OF DENTON; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 6004-AWARDED TO CBS MECHANICAL SERVICES, INC. IN A THREE (3) YEAR AMOUNT NOT TO EXCEED $450,000). WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for the supply of plumbing services 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, for the 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 6004 CBS Mechanical Services, Inc. $450,000 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 EXHIBIT 2 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. This will be an initial one (1) year contract with options to extend the contract for two (2) additional one (1) year periods with all terms and conditions remaining the same. 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 6004to 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 proposals. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2016. ______________________________ CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:____________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ DocuSign Envelope ID: CC3C56AA-23B5-4E93-BD3D-EBC850859FD7 EXHIBIT 3 CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AN CBS MECHANICAL SERVICES, INC. (RFP # 6004) THIS CONTRACTis made and entered into this date ______________________, by and between CBS Mechanical Services, Inc., a corporation, whose address is 5000 Energy Pl. Bldg. 100, Denton, TX 76207, hereinafter referred to as "Contractor," and the CITY OF DENTON, 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 and/or services in document RFP 6004-Plumbing Services, 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: (a) Special Terms and Conditions (b) Request for Proposal (on File at the Office of the Purchasing Agent); (c) City of Denton Standard Terms and Conditions C; (d) Insurance Requirements D (e) Certificate of Interested Parties Electronic Filing (Exhibit "E"); (f) (Exhibit "F"); (g) Form CIQ Conflict of Interest Questionnaire (Exhibit "G"); 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 RFP # 6004 DocuSign Envelope ID: CC3C56AA-23B5-4E93-BD3D-EBC850859FD7 EXHIBIT 3 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. CONTRACTOR BY: ________________________________ AUTHORIZED SIGNATURE Date:___________________________ Name: __________________________ Title: ___________________________ ___________________________________ PHONE NUMBER ___________________________________ EMAIL ADDRESS ___________________________________ TEXAS ETHICS COMMISSION CERTIFICATE NUMBER CITY OF DENTON, TEXAS ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: GEORGE C. CAMPBELL, CITY MANAGER BY: __________________________________ Date: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: __________________________________ RFP # 6004 DocuSign Envelope ID: CC3C56AA-23B5-4E93-BD3D-EBC850859FD7 EXHIBIT 3 Exhibit A Special Terms and Conditions Total Contract Amount The contract total for services shall not exceed $450,000.Pricing shall be per Exhibit G attached. 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 The City will implement an escalation/de-escalation price adjustment annually. The escalation/de- escalation will be based upon manufacturer published pricing sheets to the vendor. The price will be increased or decreased based upon the annually list. The price adjustment will be determined annually from the award date. Should the change exceed or decrease a minimum threshold value of +/-1%, then the stated eligible bid prices shall be adjusted in accordance with the published price change. It is the supplier or the Cities responsibility to request a price adjustment annually in writing. If no request is made, then it will be assumed that the bid price will be in effect. The supplier must submit or make available the manufacturers pricing sheet used to calculate the bid proposal, to participate in the escalation/de-escalation clause. RFP # 6004 DocuSign Envelope ID: CC3C56AA-23B5-4E93-BD3D-EBC850859FD7 EXHIBIT 3 Exhibit C Standard Purchase Terms and Conditions These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings contracts/purchase orders issued by the City of Denton hereinafter referred to as the City or Buyer and the Seller or respondent herein after referred to as Contractor or Supplier. Any deviations must Supplier. No Terms and Conditions contained in 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. The Contractor 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, 22 and 32 shall apply only to a solicitation to purchase services to be performed -of-way. 1.. The Contractor shall fully and timely provide all the terms, covenants, and conditions of the Contract and all applicable Federal, State, and local laws, rules, and regulations. 2.EFFECTIVE DATE/TERM. 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. 3.CONTRACTOR TO PACKAGE DELIVERABLES: The Contractor will package deliverables in accordance with good commercial practice and shall include a packing list showing the description of each item, the quantity and unit price unless otherwise provided in the Specifications or Supplemental Terms and Conditions, each shipping container shall be clearly address and purchase order or purchase release number and the price agreement number if applicable, (c) Container number and total number of containers, e.g. box 1 of 4 boxes, and (d) the number of the container bearing the packing list. The Contractor shall bear cost of packaging. Deliverables shall be suitably packed to secure lowest transportation costs and to conform to all the requirements of common carriers and any applicable specification. The City's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 4.SHIPMENT UNDER RESERVATION PROHIBITED: The Contractor is not authorized to ship the deliverables under reservation and no tender of a bill of lading will operate as a tender of deliverables. 5.TITLE & RISK OF LOSS: Title to and risk of loss of the deliverables shall pass to the City only when the City actually receives and accepts the deliverables. RFP # 6004 DocuSign Envelope ID: CC3C56AA-23B5-4E93-BD3D-EBC850859FD7 EXHIBIT 3 6.DELIVERY TERMS AND TRANSPORTATION CHARGES: Deliverables shall be shipped F.O.B. point of delivery unless otherwise specified in the Supplemental Terms and Conditions. Unless otherwise stated 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. 7.RIGHT OF INSPECTION AND REJECTION: 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 furnish, or cause to be furnished, without additional charge, all reasonable facilities and assistance to the City to facilitate such inspection. 8.NO REPLACEMENT OF DEFECTIVE TENDER: 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 Contractor shall not have the right to substitute a conforming tender; provided, where the time for performance has not yet expired, the Contractor may notify the City of the intention to cure and may then make a conforming tender within the time allotted in the contract. 9.PLACE AND CONDITION OF WORK: The City shall provide the Contractor access to the sites where the Contractor is to perform the services as required in order for the Contractor to perform the services in a timely and efficient manner, in accordance with and subject to the applicable security laws, rules, and regulations. The Contractor acknowledges that it has satisfied 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 hereby releases and holds the City harmless from and against any liability or claim for damages of any kind or nature if the actual site or service conditions differ from expected conditions. The contractor shall, at all times, exercise reasonable precautions for the safety of their employees, es. 10.WORKFORCE A. The Contractor shall employ only orderly and competent workers, skilled in the performance of the services which they will perform under the Contract. B. The Contractor, 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. RFP # 6004 DocuSign Envelope ID: CC3C56AA-23B5-4E93-BD3D-EBC850859FD7 EXHIBIT 3 C. If the City or the City's representative notifies the Contractor that any worker is incompetent, disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the Contractor shall immediately remove such worker from Contract services, and may not employ such worker again on Contract services without the City's prior written consent. Immigration: The Contractor represents and warrants that it shall comply with the requirements of the Immigration Reform and Control Act of 1986 and 1990 regarding employment verification and retention of verification forms for any individuals hired on or after November 6, 1986, who will perform any labor or services under the Contract and the Illegal Immigration Reform and 11.COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL REGULATIONS 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 Contractor shall indemnify and hold the City harmless from and against all claims, demands, suits, actions, judgments, fines, penalties and liability of every kind arising obligations under this paragraph. Environmental Protection: The Respondent shall be in compliance with all applicable standards, orders, or regulations issued pursuant to the mandates of the Clean Air Act (42 U.S.C. §7401 et seq.) and the Federal Water Pollution Control Act, as amended, (33 U.S.C. §1251 et seq.). 12.INVOICES: 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. B. Proper Invoices must include a unique invoice number, the purchase order or delivery order number and the master agreement number if applicab 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 a address and, if applicable, the tax identification number on the invoice must exactly match the Ci 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 Contractor shall pass through all Subcontract and other authorized expenses at actual cost without markup. E. Federal excise taxes, State taxes, or City sales taxes must not be included in the invoiced amount. The City will furnish a tax exemption certificate upon request. RFP # 6004 DocuSign Envelope ID: CC3C56AA-23B5-4E93-BD3D-EBC850859FD7 EXHIBIT 3 13.PAYMENT: A. All proper invoices need to be sent to Accounts Payable. Approved invoices will be paid within in Accounts Payable, whichever is later. B. If payment is not timely made, (per paragraph A); interest shall accrue on the unpaid 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; which is not covered by insurance required to be provided by the Contractor; 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 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 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 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. 14. TRAVEL EXPENSES: 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. During the term of this contract, the contractor shall bill and the City shall reimburse contractor for all reasonable and approved out of pocket expenses which are incurred in the connection with the performance of duties hereunder. Notwithstanding the foregoing, expenses for the time spent by the contractor in traveling to and from City facilities shall not be reimbursed, unless otherwise negotiated. RFP # 6004 DocuSign Envelope ID: CC3C56AA-23B5-4E93-BD3D-EBC850859FD7 EXHIBIT 3 15.FINAL PAYMENT AND CLOSE-OUT: 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 under the Contract, including but not limited to indemnity and warranty obligations, or (5) arising other than those previously asserted in writing and not yet settled. 16.SPECIAL TOOLS & TEST EQUIPMENT: If the price stated on the Offer includes the cost of any special tooling or special test equipment fabricated or required by the Contractor for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the City and shall be identified by the Contractor as such. 17.RIGHT TO AUDIT: 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 the Contractor 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 ereof. Each of the include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. 18.SUBCONTRACTORS: 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 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. RFP # 6004 DocuSign Envelope ID: CC3C56AA-23B5-4E93-BD3D-EBC850859FD7 EXHIBIT 3 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 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. The Contractor 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. 19.WARRANTY-PRICE: 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 firm 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. 20.WARRANTY TITLE: The Contractor warrants that it has good and indefeasible title to all deliverables furnished under the Contract, and that the deliverables are free and clear of all liens, claims, security interests and encumbrances. The Contractor shall indemnify and hold the City harmless from and against all adverse title claims to the deliverables. 21.WARRANTY DELIVERABLES: The Contractor warrants and represents that all deliverables sold the City under the Contract shall be free from defects in design, workmanship or manufacture, and conform in all material respects to the specifications, drawings, and descriptions in the Solicitation, to any samples furnished by the Contractor, 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. RFP # 6004 DocuSign Envelope ID: CC3C56AA-23B5-4E93-BD3D-EBC850859FD7 EXHIBIT 3 A. Recycled deliverables shall be clearly identified as such. B. 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. C. Unless otherwise specified in the Contract, the warranty period shall be at least one year from the date of acceptance of the deliverables or from the date of acceptance of any replacement deliverables. If during the warranty period, one or more of the above warranties are breached, the Contractor shall promptly upon receipt of demand either repair the non-conforming deliverables, or replace the non-conforming deliver 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 Contractor. The City shall endeavor to give the Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery of the breach of warranty, but failure to give timely notice D. If the Contractor is unable or unwilling to repair or replace defective or non-conforming deliverables as required by the City, then in addition to any other available remedy, the City may reduce the quantity of deliverables it may be required to purchase under the Contract from the Contractor, and purchase conforming deliverables from other sources. In such event, the Contractor shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such deliverables from another source. E. If the Contractor is not the manufacturer, and the deliverables are covered by a separate annot be fully transferred to the City, the Contractor shall assist and cooperate with the City to the fullest extent to enforce such 22.WARRANTY SERVICES: 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 days of discovery this section. 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 shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such services from another source. RFP # 6004 DocuSign Envelope ID: CC3C56AA-23B5-4E93-BD3D-EBC850859FD7 EXHIBIT 3 23.ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES: 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 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. 24.RIGHT TO ASSURANCE: Whenever one party to the Contract in good faith has reason to 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. 25.STOP WORK NOTICE: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. 26.DEFAULT: 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 the City. 27.TERMINATION FOR CAUSE: 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 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, st- judgment interest at the maximum lawful rate. Additionally, in the event of a default by the 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. 28.TERMINATION WITHOUT CAUSE: The City shall have the right to terminate the Contract, in whole or in par 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. RFP # 6004 DocuSign Envelope ID: CC3C56AA-23B5-4E93-BD3D-EBC850859FD7 EXHIBIT 3 29.FRAUD: 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. 30.DELAYS: 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. 31.INDEMNITY: 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 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 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. B. THE CONTRACTOR SHALL DEFEND (AT THE OPTION OF THE CITY), 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 THE CONTRACTOR'S AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE CONTRACT. NOTHING HEREIN SHALL BE DEEMED TO LIMIT THE RIGHTS OF THE CITY OR THE CONTRACTOR (INCLUDING, BUT NOT LIMITED TO, THE RIGHT TO SEEK CONTRIBUTION) AGAINST ANY THIRD PARTY WHO MAY BE LIABLE FOR AN INDEMNIFIED CLAIM. RFP # 6004 DocuSign Envelope ID: CC3C56AA-23B5-4E93-BD3D-EBC850859FD7 EXHIBIT 3 32.INSURANCE: The following insurance requirements are applicable, in addition to the specific insurance requirements detailed in Appendix A for services only. The successful firm shall procure and maintain insurance of the types and in the minimum amounts acceptable to the City of Denton. The insurance shall be written by a company licensed to do business in the State of Texas and satisfactory to the City of Denton. A. General Requirements: i. The 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 provid 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 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 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. 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.M. Best ratings of A- VII or better. The City 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 ity 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. 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. RFP # 6004 DocuSign Envelope ID: CC3C56AA-23B5-4E93-BD3D-EBC850859FD7 EXHIBIT 3 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 provid notice of erosion of the aggregate limits below occurrence limits for all applicable 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. 33.CLAIMS: 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 effect on 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. 34.NOTICES: 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. 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. 35.RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: 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. 36.NO WARRANTY BY CITY AGAINST INFRINGEMENTS: 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 RFP # 6004 DocuSign Envelope ID: CC3C56AA-23B5-4E93-BD3D-EBC850859FD7 EXHIBIT 3 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 cense rights, and its use of the deliverables infringes the intellectual property rights of any third party; or (ii) 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- Contrac the production, development, or delivery of such deliverables will not impact such warranties of Contractor. 37.CONFIDENTIALITY: In order to provide the deliverables to the City, Contractor may inventions, employee information, trade secrets, confidential know-how, confidential business information, and other information which the City or its licensors consider confidential) 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 Contractor uses within its own business to protect its own most valuable information, which protective measures shall under all circumstances be at least reasonable measures to ensure the continued confidentiality of the Confidential Information. 38.OWNERSHIP AND USE OF DELIVERABLES: 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 and to such deliverables, provided ownership of any 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 RFP # 6004 DocuSign Envelope ID: CC3C56AA-23B5-4E93-BD3D-EBC850859FD7 EXHIBIT 3 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 exclusive right, title, 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. 39.PUBLICATIONS: 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. 40.ADVERTISING consent, the fact that the City has entered into the Contract, except to the extent required by law. 41.NO CONTINGENT FEES: 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 deduct from any amounts owed to the Contractor, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. 42.GRATUITIES: 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 of Denton with a view toward securing the Contract or securing favorable treatment with respect to the awarding or amending or the making of any determinations with respect to the performing of such contract. In the event the Contract is canceled by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by the Contractor in providing such gratuities. 43.PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: 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 RFP # 6004 DocuSign Envelope ID: CC3C56AA-23B5-4E93-BD3D-EBC850859FD7 EXHIBIT 3 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 Interest Questionnaire. 44.INDEPENDENT CONTRACTOR: The Contract shall not be construed as creating an employer/e 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 of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, 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 of Denton, Texas, or his designee under this agreement. The contractor is expressly free to advertise and perform services for other parties while performing services for the City. 45.ASSIGNMENT-DELEGATION: 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. 46.WAIVER: 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 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. 47.MODIFICATIONS: 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. 48.INTERPRETATION: 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. 49.DISPUTE RESOLUTION: 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 RFP # 6004 DocuSign Envelope ID: CC3C56AA-23B5-4E93-BD3D-EBC850859FD7 EXHIBIT 3 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 nd 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. 50.JURISDICTION AND VENUE: 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. 51.INVALIDITY: 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. 52.HOLIDAYS: The following holidays are observed by the City: RFP # 6004 DocuSign Envelope ID: CC3C56AA-23B5-4E93-BD3D-EBC850859FD7 EXHIBIT 3 MLK Day Memorial Day 4th of July Labor Day Thanksgiving Day Day After Thanksgiving Christmas Eve (observed) Christmas Day (observed) If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday falls on Sunday, it will be observed on the following Monday. Normal hours of operation shall be between 8:00 am and 4:00 pm, Monday through Friday, excluding City of Denton Holidays. Any scheduled deliveries or work performance not within the normal hours of operation must be approvedby the City Manager of Denton, Texas or his authorized designee. 53.SURVIVABILITY OF OBLIGATIONS: 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. 54.NON-SUSPENSION OR DEBARMENT CERTIFICATION: The City of Denton is prohibited from contracting with or making prime or sub-awards to parties that are suspended or debarred or whose principals are suspended or debarred from Federal, State, or City of Denton Contracts. By accepting a Contract with the City, the Vendor certifies that its firm and its principals are not currently suspended or debarred from doing business with the Federal Government, as indicated by the General Services Administration List of Parties Excluded from Federal Procurement and Non-Procurement Programs, the State of Texas, or the City of Denton. 55.EQUAL OPPORTUNITY A.Equal Employment Opportunity: 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. B. Americans with Disabilities Act (ADA) Compliance: engage in any discriminatory employment practice against individuals with disabilities as defined in the ADA. 56. BUY AMERICAN ACT-SUPPLIES (Applicable to certain federally funded requirements) The following federally funded requirements are applicable. 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 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 RFP # 6004 DocuSign Envelope ID: CC3C56AA-23B5-4E93-BD3D-EBC850859FD7 EXHIBIT 3 (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 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 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". 57. RIGHT TO INFORMATION: The City of Denton reserves the right to use any and all information presented in any response to this contract, whether amended or not, except as prohibited by law. Selection of rejection of the submittal does not affect this right. 58. LICENSE FEES OR TAXES: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. 59.PREVAILING WAGE RATES: The contractor shall comply with prevailing wage rates as defined by the United States Department of Labor Davis-Bacon Wage Determination at http://www.dol.gov/whd/contracts/dbra.htm and at the Wage Determinations website www.wdol.gov for Denton County, Texas (WD-2509). 60. COMPLIANCE WITH ALL STATE, FEDERAL, AND LOCAL LAWS: 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. RFP # 6004 DocuSign Envelope ID: CC3C56AA-23B5-4E93-BD3D-EBC850859FD7 EXHIBIT 3 61. FEDERAL, STATE, AND LOCAL REQUIREMENTS: Respondent shall demonstrate on- site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act 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 all federal and State tax laws and withholding requirements. The City of Denton 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 of Denton and shall pay all costs, penalties, or losses resulting from Respondent's omission or breach of this Section. 62. DRUG FREE WORKPLACE: 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. 63. RESPONDENT LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: 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 of Denton Procurement Manager in writing of any such damage within one (1) calendar day. 64. FORCE MAJEURE: The City of Denton, 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 of Denton. 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 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. 65. NON-WAIVER OF RIGHTS: 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 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. 66. NO WAIVER OF SOVEREIGN IMMUNITY: 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. RFP # 6004 DocuSign Envelope ID: CC3C56AA-23B5-4E93-BD3D-EBC850859FD7 EXHIBIT 3 67. RECORDS RETENTION: 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. Should a conflict arise between any of the contract documents, it shall be resolved with the following order of precedence (if applicable). In any event, the final negotiated contract shall take precedence over any and all contract documents to the extent of such conflict. 1.Final negotiated contract 2.RFP/Bid documents 3.terms and conditions 4.Purchase order 5.Supplier terms and conditions RFP # 6004 DocuSign Envelope ID: CC3C56AA-23B5-4E93-BD3D-EBC850859FD7 EXHIBIT 3 Exhibit D INSURANCE REQUIREMENTS AND Upon contract execution, all insurance requirements shall become contractual obligations, which the successful contractor shall 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 insurance including any applicable addendum or endorsements, containing the contract number and title of the project. Contractor may, upon written request to the Purchasing Department, 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 Texas with an A.M. Best Company rating of at least A or better. 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 Insured the City of Denton, its Officials, Agents, Employees and volunteers. That such insurance is primary to any other insurance available to the Additional Insured with 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. RFP # 6004 DocuSign Envelope ID: CC3C56AA-23B5-4E93-BD3D-EBC850859FD7 EXHIBIT 3 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: \[X\] A. General Liability Insurance: 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. RFP # 6004 DocuSign Envelope ID: CC3C56AA-23B5-4E93-BD3D-EBC850859FD7 EXHIBIT 3 \[X\] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000 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. \[X\] Workers Compensation Insurance 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 Contractor shall 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 Contractor shall 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 that carries the Contractor's liability insurance. Policy limits will be at least $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 Liability Insurance Professional liability insurance with limits not less than $1,000,000.00 per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. RFP # 6004 DocuSign Envelope ID: CC3C56AA-23B5-4E93-BD3D-EBC850859FD7 EXHIBIT 3 \[ \] 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. \[ \] Environmental Liability Insurance Environmental liability insurance for $1,000,000 to cover all hazards contemplated by this contract. \[ \] Riggers Insurance Said coverage may be the existing CGL coverage; through and Installation Floater covering rigging contractors; or through ISO form IH 00 91 12 11, Said coverage shall mirror the limits provided by the CGL coverage \[ \] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity ployees, 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. RFP # 6004 DocuSign Envelope ID: CC3C56AA-23B5-4E93-BD3D-EBC850859FD7 EXHIBIT 3 ATTACHMENT 1 \[X\] 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. RFP # 6004 DocuSign Envelope ID: CC3C56AA-23B5-4E93-BD3D-EBC850859FD7 EXHIBIT 3 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; RFP # 6004 DocuSign Envelope ID: CC3C56AA-23B5-4E93-BD3D-EBC850859FD7 EXHIBIT 3 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. J. By signing this contract or providing or causing to be provided a certificate of 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. K. Th 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. RFP # 6004 DocuSign Envelope ID: CC3C56AA-23B5-4E93-BD3D-EBC850859FD7 EXHIBIT 3 Exhibit E Certificate of Interested Parties Electronic Filing In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that the City may not enter into this contract unless the Contractor submits a disclosure of interested parties (Form 1295) to the City at the time the Contractor submits the signed contract. The Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Commission. Contractor will be required to furnish an original notarized Certificate of Interest Parties before the contract is awarded, in accordance with Government Code 2252.908. The contractor shall: 1. Log onto the State Ethics Commission Website at : https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm 2. Register utilizing the tutorial provided by the State 3. Print a copy of the completed Form 1295 4. Enter the Certificate Number on page 2 of this contract. 5. Sign and notarize the Form 1295 6. Email the notarized form to purchasing@cityofdenton.com with the contract number in the subject line. (EX: Contract 1234 Form 1295) The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics RFP # 6004 DocuSign Envelope ID: CC3C56AA-23B5-4E93-BD3D-EBC850859FD7 EXHIBIT 3 Exhibit CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., RegularSession. This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor 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 vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. Name of vendor 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. th (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7 business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information in this section is being disclosed. Name of Officer This section, (item 3 including subparts A, B, C &D), must be completed for each officer with whom the vendor 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 vendor? YesNo B. Is the vendor 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 one percent or more? YesNo D.Describe each employment or business and family relationship with the local government officer named in this section. 4 I have no Conflict of Interest to disclose. 5 Signature of vendor doing business with the governmental entityDate EXHIBIT 3 Certificate Of Completion Envelope Id: CC3C56AA23B54E93BD3DEBC850859FD7Status: Sent Subject: City Council Docusign Item - 6004 (Plumbing Services) Source Envelope: Document Pages: 32Signatures: 3Envelope Originator: Certificate Pages: 6Initials: 0Jody Word AutoNav: Enabledjody.word@cityofdenton.com EnvelopeId Stamping: EnabledIP Address: 129.120.6.150 Time Zone: (UTC-08:00) Pacific Time (US & Canada) Record Tracking Status: OriginalHolder: Jody WordLocation: DocuSign 5/18/2016 9:44:08 AM jody.word@cityofdenton.com Signer EventsSignatureTimestamp Jody WordSent: 5/18/2016 10:06:42 AM Completed jody.word@cityofdenton.comViewed: 5/18/2016 10:07:04 AM BuyerSigned: 5/18/2016 10:08:30 AM Using IP Address: 129.120.6.150 City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Israel CaballeroSent: 5/18/2016 10:08:32 AM Israel@cbsmechanicalservices.comResent: 5/31/2016 8:12:17 AM OPERATIONS MANAGERViewed: 5/20/2016 10:39:58 AM CBS MECHANICAL SERVICES, INC.Signed: 5/31/2016 8:16:05 AM Using IP Address: 75.140.233.146 Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Accepted: 5/20/2016 10:39:58 AM ID: 03fc1e6b-91fc-471f-a1ca-a00823aa81e2 John KnightSent: 5/31/2016 8:16:09 AM john.knight@cityofdenton.comViewed: 5/31/2016 9:15:43 AM Deputy City AttorneySigned: 5/31/2016 9:31:56 AM City of Denton Using IP Address: 129.120.6.150 Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Julia WinkleySent: 5/31/2016 9:31:59 AM julia.winkley@cityofdenton.comViewed: 6/1/2016 5:51:17 AM Contracts Administration Supervisor City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: George C. Campbell george.campbell@cityofdenton.com Security Level: Email, Account Authentication (Optional) EXHIBIT 3 Signer EventsSignatureTimestamp Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Jennifer Walters jennifer.walters@cityofdenton.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: In Person Signer EventsSignatureTimestamp Editor Delivery EventsStatusTimestamp Agent Delivery EventsStatusTimestamp Intermediary Delivery EventsStatusTimestamp Certified Delivery EventsStatusTimestamp Carbon Copy EventsStatusTimestamp Julia WinkleySent: 5/31/2016 8:16:08 AM julia.winkley@cityofdenton.comViewed: 5/31/2016 8:22:13 AM Contracts Administration Supervisor City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Sherri ThurmanSent: 5/31/2016 8:16:08 AM sherri.thurman@cityofdenton.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Robin Fox Robin.fox@cityofdenton.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Accepted: 10/9/2015 11:39:51 AM ID: 04463961-03db-4c4d-9228-d660d6146ed6 Jane Richardson jane.richardson@cityofdenton.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Jennifer Bridges jennifer.bridges@cityofdenton.com Security Level: Email, Account Authentication (Optional) EXHIBIT 3 Carbon Copy EventsStatusTimestamp Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: David Saltman david.saltsman@cityofdenton.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Jane Richardson jane.richardson@cityofdenton.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Dean Hartley Dean.Hartley@cityofdenton.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Dawn Wilson Dawn.Wilson@cityofdenton.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Notary EventsTimestamp Envelope Summary EventsStatusTimestamps Envelope SentHashed/Encrypted5/31/2016 9:31:59 AM Electronic Record and Signature Disclosure EXHIBIT 3 ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-676,Version:1 AGENDA INFORMATION SHEET DEPARTMENT:Materials Management ACM:Bryan Langley AGENDA DATE:June 7, 2016 SUBJECT ConsideradoptionofanordinanceoftheCityCounciloftheCityofDenton,Texas,authorizingtheCity ManagertoexecuteaProfessionalServicesAgreementforarchitecturaldesignservicesforthedesignofthe CityofDentonRegionalPublicSafetyTrainingFacilityProjectoutsidetrainingfacilityadditionsincludinga burntower,outdoortrainingclassroom,concretepadsfortheFlashChamber,ClassAburnpropsanda propanetanktobelocatedat4201VintageParkway;providingfortheexpenditureoffundstherefor;and providinganeffectivedate(File6140awardedtoPierceGoodwinAlexanderandLinville,Inc.dbaPGALin the not-to-exceed amount of $192,060). FILE INFORMATION ThisitemisfordesignservicesrelatingtotheconstructionofaFireTrainingDrillTower,OutdoorClassroom andrelatedinfrastructureassociatedwiththeDrillTower.TheFireDepartment’soldTrainingTowerhadbeen condemned several years ago and was recently demolished for safety concerns. Withtheapprovalofthisagreement,theFireDepartmentisplanningtodesignaninitialphaseofthisproject whichincludesaMulti-StoryDrillTower,OutdoorClassroom,andInfrastructureatanestimatedcostof$2.7 million.TheCityCouncilhasgiventheCitystaffpriorapprovaltoissueCertificatesofObligationtofundthis project. TheDrillTowerisdesignedtobemulti-facetedandwillmeettrainingrequirementsinseveralareasincluding live-fire,confinedspace,high-riseoperations,roperescue,structuralcollapse,andhazmat.TheDrillTower willalsoassisttheFireDepartmenttomaintaincurrentcertificationasatrainingfacilitybytheTexas CommissiononFireProtection.Inaddition,itisacomponentofanInsuranceServicesOffice(ISO) evaluation. PGALwasselectedtoprovidedesignservicesforthisFireDrillTowerProjectduetotheirpreviousexperience designingtheCity’sRegionalPublicSafetyTrainingFacilitywhichincludedtheFireDrillTower.Duringtheir previousworkontheproject,PGALhaddemonstratedexcellentqualificationsinthedesignofFireTraining Facilities.InaccordancewithTexasLocalGovernmentCode252.022,theprocurementofprofessionalservices isexemptfromtherequirementofcompetitionbasedselection.Therefore,staffrecommendsselectionof PGALwithoutconductingaformalRequestforQualifications(RFQ)procurementprocess,forthedesignof City of DentonPage 1 of 3Printed on 6/3/2016 powered by Legistar© File #:ID 16-676,Version:1 Fire Drill Tower, Outdoor Classroom and Infrastructure Project. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Afteraninitialfeasibilitystudywasconductedin2002,Councilhasapprovedpurchasingthepropertyforthe project(11/2004),initiatedadetailedTrainingFacilityMasterPlanoftheproperty(7/2005),approvedthe conceptualideaofspendingupto$12.6milliondollarsonaTrainingFacility(7/2007),andhiredPGALto designtheentirefacilitythroughallofthephases(11/2007).Asaresultofaneconomicdownturnin2008,the Fire Drill Tower project construction contract was pulled prior to it going before Council. RECOMMENDATION ApproveaProfessionalServicesAgreement(PSA)fordesignoftheCityofDentonRegionalPublicSafety TrainingFacilityProjectoutsidetrainingfacilityadditionswithPierceGoodwinAlexanderandLinville,Inc. dba PGAL in the not-to-exceed amount of $192,060. PRINCIPAL PLACE OF BUSINESS Pierce Goodwin Alexander and Linville, Inc. dba PGAL Dallas, TX ESTIMATED SCHEDULE OF PROJECT ProjectdesignwillbeginuponCityCouncilapproval.Theentireconstructionprojectisanticipatedtotakenine (9) months to complete. FISCAL INFORMATION TheservicestobeperformedunderthiscontractwillbefundedfromFireCapitalProjectaccount 100219409.1365.40100. Requisition Number 128959 has been entered in the Purchasing Software system. STRATEGIC PLAN RELATIONSHIP TheCityofDenton’sStrategicPlanisanaction-orientedroadmapthatwillhelptheCityachieveitsvision. Thefoundationfortheplanisthefivelong-termKeyFocusAreas(KFA):OrganizationalExcellence;Public Infrastructure;EconomicDevelopment;Safe,Livable,andFamily-FriendlyCommunity;andSustainabilityand EnvironmentalStewardship.WhileindividualitemsmaysupportmultipleKFAs,thisspecificCityCouncil agenda item contributes most directly to the following KFA and goal: Related Key Focus Area:Safe, Liveable & Family-Friendly Community Related Goal:4.1 Enhance public safety in the community EXHIBITS Exhibit 1: Ordinance Exhibit 2: Professional Services Agreement Respectfully submitted: City of DentonPage 2 of 3Printed on 6/3/2016 powered by Legistar© File #:ID 16-676,Version:1 Chuck Springer, 349-8260 Director of Finance For information concerning this acquisition, contact: Dean Hartley at 349-8243. City of DentonPage 3 of 3Printed on 6/3/2016 powered by Legistar© EXHIBIT 1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR ARCHITECTURAL DESIGN SERVICES FOR THE DESIGN OF THE CITY OF DENTON REGIONAL PUBLIC SAFETY TRAINING FACILITY PROJECT OUTSIDE TRAINING FACILITY ADDITIONS INCLUDING A BURN TOWER, OUTDOOR TRAINING CLASSROOM, CONCRETE PADS FOR THE FLASH CHAMBER, CLASS A BURN PROPS AND A PROPANE TANK TO BE LOCATED AT 4201 VINTAGE PARKWAY; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 6140 AWARDED TO PIERCE GOODWIN ALEXANDER AND LINVILLE, INC. DBA PGAL IN THE NOT-TO-EXCEED AMOUNT OF $192,060). WHEREAS, entioned in this ordinance is being selected as the most highly qualified on the basis of its demonstrated competence and qualifications to perform the proposed professional services; and WHEREAS, The fees under the proposed contract are fair and reasonable and are consistent with and not higher than the recommended practices and fees published by the professional provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Manager is hereby authorized to enter into a professional service contract with PGAL, to provide professional design services for the City of Denton Regional Public Safety Training Facility Project, a copy of which is attached hereto and incorporated by reference herein. SECTION 2. The City Manager is authorized to expend funds as required by the attached contract. SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under File 6140 to the City Manager of the City of Denton, Texas, or his designee. SECTION 4. The findings in the preamble of this ordinance are incorporated herein by reference. SECTION 5.This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2016. EXHIBIT 1 ______________________________ CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:_________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY:_________________________________ EXHIBIT 2 CONTRACT #6140 PROFESSIONAL SERVICES AGREEMENT FOR ARCHITECT OR ENGINEER THIS AGREEMENT is made and entered into on June 7, 2016, by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney Street, nd PGAL Architecture, Inc, with its corporate office at 3030 LBJ Freeway, Suite 1220, Dallas, Texas 75234, y authorized representatives. In consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: SECTION 1 EMPLOYMENT OF DESIGN PROFESSIONAL The Owner hereby contracts with the Design Professional, a licensed Texas architect or engineer, as an independent contractor. The Design Professional hereby agrees to perform the services as described herein and in the Proposal, the General Conditions, and other attachments to this Agreement that are referenced in Section 3, in connection with the Project. The Project shall include, without limitation, partial implantation of the City of Denton Regional Public Safety Training Facility project, and as further defined within this Contract and Appendix A. This phase shall include the Burn Tower, Outdoor Training Classroom, concrete pads for the Flash Chamber, Class A Burn props and a Propane Tank, the driveways serving these, and a small parking lot as an additional alternate. Phase Task Cost Schedule of Completion Phase 2.1 Construction Documents Phase $91,030 60 Calendar Days 2.1.1 Contract Documents Construction drawings and specifications from the previously approved Contract Documents will be updated to conform to current codes and best practices. Depending on 2.1.2 Construction Cost Estimate The Architect will send the 50% Progress Set to a third party cost estimator for a construction cost estimate. 2.1.3 Permit Application The Architect will submit the construction set for permit. 2.1.4 Deliverables The following deliverables will be provided: Phase 2.2 Bidding and Negotiations Phase $18,206 42 Calendar Days 2.2.1 Pre-Bid Conference and Tour The Architect will administer a conference and tour of the site for prospective bidders. EXHIBIT 2 2.2.2 Addenda The Architect will respond to questions to potential bidders and provide clarification if necessary in the form of Addenda. 2.2.3 Evaluation of Bids - Once bids are received and opened by the City, the Architect will aid in the evaluation of the bidders. Phase 2.3 Construction Administration $72,824 150 =/- Calendar Days Construction AdministrationDesign Professional will attend weekly meetings during construction, and respond in a professional manner as needed during the construction process. Services in this phase are defined in AIA Document B101, 3.6and in AIA Document A201-2007. Excluded Services It is agreed that the following services are not included herein at this time. If required, they may be added as an Additional Service: Changes to the base design of the Regional Public Training Facility as designed in 2008. Re-designs, new designs, meetings and other costs related to significant changes in scope of work or significant changes to approved designs. This includes work and meetings required to incorporate value engineering items. Landscape Architecture. Public water or sewer system improvements beyond service connections and any off-site work. Traffic Impact Studies TxDOT Permits Zoning change requests Retaining wall design Environmental site assessments The design of currently unidentified specialty electrical, lighting or communication systems, including voice and data, audio/visual, security, or other low voltage electronic systems. Junction boxes and conduit for the systems will be shown in the construction documents. Fire alarm and related devices are included. Design of franchise utilities (gas, electric, telephone, and cable television) LEED Certification. As-Constructed Record Drawings Land Survey & Platting Geotechnical Investigation EXHIBIT 2 SECTION 2 COMPENSATION The Owner shall compensate the Design Professional as follows: 2.1 BASIC SERVICES The services shall be billed as follows: PHASE 2.1 - For Basic Services the total compensation shall be $ 91,030.00 PHASE 2.2 - For Basic Services the total compensation shall be $ 18,206.00 PHASE 2.3 - For Basic Services the total compensation shall be $ 72,824.00 TOTAL BASIC SERVICES NOT TO EXCEED $ 182,060.00 REIMBURSABLE EXPENSES (Sec 2.3) shall not exceed $ 10,000.00 TOTAL NOT TO EXCEED CONTRACT VALUE $ 192,060.00 2.1.2 Progress payments for Basic Services shall be paid based upon the Design Professional estimate of the percentage of the work effort that has been completed. 2.2 ADDITIONAL SERVICES 2.2.1 Compensation for Additional Services see Appendix A, which includes the fee/rate schedule 2.3 REIMBURSABLE EXPENSES - Reimbursable Expenses shall be a multiple of 1.1 times the expenses incurred by the Design Professional, the Design Professional's employees and consultants in the interest of the Project as defined in the General Conditions but not to exceed a total of $10,000 without the prior written approval of the Owner. EXHIBIT 2 SECTION 3 ENTIRE AGREEMENT This Agreement includes this executed agreement and the following documents all of which are attached hereto and made a part hereof by reference as if fully set forth herein: 1. City of Denton General Conditions to Agreement for Architectural or Engineering Services. 2. Appendix A - 3. Appendix B Insurance Documentation 4. Appendix C This Agreement is signed by the parties hereto effective as of the date first above written. PGAL ARCHITECTURE, INC. BY: __________________________________ Authorized Signature, Title PHONE NUMBER E-MAIL ADDRESS ATTEST: By: _____________________________ CITY OF DENTON, TEXAS A Texas Municipal Corporation By: _________________________ GEORGE C. CAMPBELL CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY By: _________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: _________________________________ EXHIBIT 2 CITY OF DENTON GENERAL CONDITIONS TO AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES ARTICLE 1. ARCHITECT OR ENGINEER'S RESPONSIBILITIES 1.1 which these General Conditions are attached) performed by employees and consultants as enumerated in Articles 2 and 3 of these General Conditions as modified by the Agreement and Prop 1.2The Design Professional will perform all Services as an independent contractor to the prevailing professional standards consistent with the level of care and skill ordinarily exercised by members of the same profession currently practicing in the same locality under similar conditions, including reasonable, informed judgments Degree of Care necessary for the orderly progress of the Project. Upon request of the Owner, the Design Professional shall submit for the Owner's approval a schedule for the performance of the Services which may be adjusted as the Project proceeds, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule and approved by the Owner shall not, except for reasonable cause, be exceeded by the Design Professional or Owner, and any adjustments to this schedule shall be mutually acceptable to both parties. ARTICLE 2 SCOPE OF BASIC SERVICES 2.1 BASIC SERVICES DEFINED scribed in Sections 2.2 through 2.6 of these General Conditions and include without limitation normal structural, civil, mechanical and electrical engineering services and any other engineering services necessary to produce a complete and accurate set of Construction Documents, as described by and required in Section 2.4. The Basic Services may be modified by the Agreement. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Design Professional, in consultation with the Owner, shall develop a written program for the Project to ascertain Owner's needs and to establish the requirements for the Project. 2.2.2 The Design Professional shall provide a preliminary evaluation of the Owner's program, construction schedule and construction budget requirements, each in terms of the other, subject to the limitations set forth in Subsection 5.2.1. 2.2.3The Design Professional shall review with the Owner alternative approaches to design and construction of the Project. 2.2.4Based on the mutually agreed-upon program, schedule and construction budget requirements, the Design Professional shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. The Schematic Design shall contemplate compliance with all applicable laws, statutes, ordinances, codes and regulations. 2.2.5The Design Professional shall submit to the Owner a preliminary detailed estimate of Construction Cost based on current area, volume or other unit costs and which indicates the cost of each category of work involved in constructing the Project and establishes an elapsed time factor for the period of time from the commencement to the completion of construction. 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Design Professional shall prepare for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate, which shall comply with all applicable laws, statutes, ordinances, codes and regulations. Notwithstanding Owner's approval of the documents, Design Professional represents to the best of his/her information, knowledge and belief, that the Documents and specifications will be sufficient and adequate to fulfill the purposes of the Project. 2.3.2 The Design Professional shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost in a further Detailed Statement as described in Section 2.2.5. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Design Professional shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail requirements for the construction of the Project, which shall comply with current and applicable laws, statutes, ordinances, codes and regulations. 2.4.2The Design Professional shall assist the Owner in the preparation of the necessary bidding or procurement information, bidding or procurement forms, the Conditions of the contract, and the form of Agreement between the Owner and contractor. 2.4.3The Design Professional shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions. EXHIBIT 2 2.4.4The Design Professional shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 2.5 CONSTRUCTION CONTRACT PROCUREMENT 2.5.1 The Design Professional, following the Owner's approval of the Construction Documents and of the latest preliminary detailed estimate of Construction Cost, shall assist the Owner in procuring a construction contract for the Project through any procurement method that is legally applicable to the Project including without limitation, the competitive sealed bidding process. Although the Owner will consider the advice of the Design Professional, the award of the construction contract is in the sole discretion of the Owner. 2.5.2If the construction contract amount for the Project exceeds the total construction cost of the Project as set forth in the approved Detailed Statement of Probable Construction Costs of the Project submitted by the Design Professional, then the Design Professional, at its sole cost and expense, will revise the Construction Documents as may be required by the Owner to reduce or modify the quantity or quality of the work so that the total construction cost of the Project will not exceed the total construction cost set forth in the approved Detailed Statement of Probable Construction Costs. 2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Design Professional's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates at the issuance to the Owner of the final Certificate for Payment, unless extended under the terms of Subsection 8.3.2. 2.6.2The Design Professional shall provide detailed administration of the Contract for Construction as set forth below. For design professionalss the administration shall also be in accordance with AIA document A201, General Conditions of the Contract for Construction, current as of the date of the Agreement as may be amended by the City of Denton special conditions, unless otherwise provided in the Agreement. For engineers the administration shall also be in accordance with the Standard Specifications for Public Works Construction by the North Central Texas Council of Governments, current as of the date of the Agreement, unless otherwise provided in the Agreement. 2.6.3Construction Phase duties, responsibilities and limitations of authority of the Design Professional shall not be restricted, modified or extended without written agreement of the Owner and Design Professional. 2.6.4The Design Professional shall be a representative of and shall advise and consult with the Owner (1) during construction, and (2) at the Owner's direction from time to time during the correction, or warranty period described in the Contract for Construction. The Design Professional shall have authority to act on behalf of the Owner only to the extent provided in the Agreement and these General Conditions, unless otherwise modified by written instrument. 2.6.5 The Design Professional shall observe the construction site at least one time a week, while construction is in progress, and as reasonably necessary while construction is not in progress, to become familiar with the progress and quality of the work completed and to determine if the work is being performed in a manner indicating that the work when completed will be in general accordance with the Contract Documents. Design Professional shall provide Owner a written report subsequent to each on-site visit. On the basis of on-site observations the Design Professional shall keep the Owner informed of the progress and quality of the work, and shall exercise the Degree of Care and diligence in discovering and promptly reporting to the Owner any observable defects or deficiencies in the work of Contractor or any subcontractors. The Design Professional represents that he will follow Degree of Care in performing all Services under the Agreement. The Design Professional shall promptly correct any defective designs or specifications furnished by the Design Professional at no cost to the Owner. The Owner's approval, acceptance, use of or payment for all or any part of the Design Professional's Services hereunder or of the Project itself shall in no way alter the Design Professional's obligations or the Owner's rights hereunder. 2.6.6The Design Professional shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work. The Design Professional shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the Contract Documents except insofar as such failure may result from Design Professional's negligent acts or omissions. The Design Professional shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the work. 2.6.7The Design Professional shall at all times have access to the work wherever it is in preparation or progress. 2.6.8Except as may otherwise be provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall communicate through the Design Professional. Communications by and with the Design Professional's consultants shall be through the Design Professional. 2.6.9Based on the Design Professional's observations at the site of the work and evaluations of the Contractor's Applications for Payment, the Design Professional shall review and certify the amounts due the Contractor. 2.6.10 The Design Professional's certification for payment shall constitute a representation to the Owner, based on the Design Professional 's observations at the site as provided in Subsection 2.6.5 and on the data comprising the Contractor's Application for Payment, that to the best of his information, knowledge and belief, the work has progressed to the point indicated and that the quality of the Work is in general accordance with the Contract Documents. The foregoing representations are subject to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Design Professional. The issuance of a Certificate for Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that the Design Professional has (1) reviewed construction means, methods, techniques, sequences or procedures, or (2) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. EXHIBIT 2 2.6.11The Design Professional shall have the responsibility and authority to reject work which does not conform to the Contract Documents. Whenever the Design Professional considers it necessary or advisable for implementation of the intent of the Contract Documents, the Design Professional will have authority to require additional inspection or testing of the work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Design Professional nor a decision made in good faith either to exercise or not exercise such authority shall give rise to a duty or responsibility of the Design Professional to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons performing portions of the work. 2.6.12 The Design Professional shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples for the purpose of and in general (1) determining compliance with applicable laws, statutes, ordinances and codes; and (2) determining whether or not the work, when completed, will be in compliance with the requirements of the Contract Documents. The Design Professional shall act with such reasonable promptness to cause no delay in the work or in the construction of the Owner or of separate contractors, while allowing sufficient time in the Design Professional's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Contract Documents. The Design Professional's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Design Professional, of con- struction means, methods, techniques, sequences or procedures. The Design Professional's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, the Design Professional shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. 2.6.13The Design Professional shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by the Design Professional as provided in Subsections 3.1.1 and 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. 2.6.14On behalf of the Owner, the Design Professional shall conduct inspections to determine the dates of Substantial Completion and Final Completion, and if requested by the Owner shall issue Certificates of Substantial and Final Completion. The Design Professional will receive and review written guarantees and related documents required by the Contract for Construction to be assembled by the Contractor and shall issue a final certificate for Payment upon compliance with the requirements of the Contract Documents. 2.6.15The Design Professional shall interpret and provide recommendations on matters concerning performance of the Owner and Contractor under the requirements of the Contract Documents on written request of either the Owner or Contractor. The Design Professional's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. 2.6.16Interpretations and decisions of the Design Professional shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Design Professional shall endeavor to secure faithful performance by both Owner and Contractor, and shall not be liable for results or interpretations or decisions so rendered in good faith in accordance with all the provisions of this Agreement and in the absence of negligence. 2.6.17The Design Professional shall render written decisions within a reasonable time on all claims, disputes or other matters in question between the Owner and Contractor relating to the execution or progress of the work as provided in the Contract Documents. 2.6.18The Design Professional (1) shall render services under the Agreement in accordance with the Degree of Care; (2) will reimburse the Owner for all damages caused by the defective designs the Design Professional prepares; and (3) by acknowledging payment by the Owner of any fees due, shall not be released from any rights the Owner may have under the Agreement or diminish any of the Design Professional's obligations thereunder. 2.6.19The Design Professional shall provide the Owner with four sets of reproducible prints showing all significant changes to the Construction Documents during the Construction Phase. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in the Agreement or Proposal, and they shall be paid for by the Owner as provided in the Agreement, in addition to the compensation for Basic Services. The services described under Sections 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Section 3.3 are required due to circumstances beyond the Design Professional's control, the Design Professional shall notify the Owner in writing and shall not commence such additional services until it receives written approval from the Owner to proceed. If the Owner indicates in writing that all or part of such Contingent Additional Services are not required, the Design Professional shall have no obligation to provide those services. Owner will be responsible for compensating the Design Professional for Contingent Additional Services only if they are not required due to the negligence or fault of Design Professional. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than is described in Subsection 2.6.5 is required, the Design Professional shall provide one or more Project Representatives to assist in carrying out such additional on-site responsibilities. 3.2.2Project Representatives shall be selected, employed and directed by the Design Professional, and the Design Professional shall be compensated therefor as agreed by the Owner and Design Professional. EXHIBIT 2 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making material revisions in Drawings, Specifications or other documents when such revisions are: 1. inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; 2. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents, or 3. due to changes required as a result of the Owner's failure to render decision in a timely manner. 3.3.2Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, or the Owner's schedule, except for services required under Subsection 2.5.2. 3.3.3Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connection with Change Orders and Construction Change Directives. 3.3.4Providing consultation concerning replacement of work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such work. 3.3.5Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. 3.3.6Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the work. 3.3.7Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Design Professional is party thereto. 3.3.8Providing services in addition to those required by Article 2 for preparing documents for alternate, separate or sequential bids or providing services in connection with bidding or construction prior to the completion of the Construction Documents Phase. 3.3.9 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The intervening or concurrent negligence of the Owner shall not limit the Design Profes Subsection 3.3.9. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing financial feasibility or other special studies. 3.4.2Providing planning surveys, site evaluations or comparative studies of prospective sites. 3.4.3Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project. 3.4.4Providing services relative to future facilities, systems and equipment. 3.4.5Providing services to investigate existing conditions or facilities or to make measured drawings thereof. 3.4.6Providing services to verify the accuracy of drawings or other information furnished by the Owner. 3.4.7Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of services required in connection with construction performed and equipment supplied by the Owner. 3.4.8Providing detailed quantity surveys or inventories of material, equipment and labor. 3.4.9 Providing analyses of operating and maintenance costs. 3.4.10Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. 3.4.12Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance and consultation during operation. 3.4.13Providing interior design and similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. 3.4.14Providing services other than as provided in Section 2.6.4, after issuance to the Owner of the final Certificate for Payment and expiration of the Warranty period of the Contract for Construction. EXHIBIT 2 3.4.15 Providing services of consultants for other than architectural, civil, structural, mechanical and electrical engineering portions of the Project provided as a part of Basic Services. 3.4.16Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. 3.4.17Preparing a set of reproducible record drawings in addition to those required by Subsection 2.6.19, showing significant changes in the work made during construction based on marked-up prints, drawings and other data furnished by the Contractor to the Design Professional. 3.4.18 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The intervening or concurrent negligence of the Owner shall not Subsection 3.4.18. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1The Owner shall consult with the Design Professional regarding requirements for the Project, including (1) the Owner's objectives, (2) schedule and design constraints and criteria, including space requirements and relationships, flexibility, expendability, special equipment, systems and site requirements, as more specifically described in Subsection 2.2.1. 4.2The Owner shall establish and update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs. 4.3If requested by the Design Professional, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner's obligations under this Agreement. 4.4The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Design Professional in order to avoid unreasonable delay in the orderly and sequential progress of the Design Professional's services. 4.5Where applicable, the Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a project benchmark. 4.6Where applicable, the Owner shall furnish the services of geotechnical engineers when such services are requested by the Design Professional. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tests, including necessary operations for anticipating sub-soil conditions, with reports and appropriate professional recommendations. 4.6.1 The Owner shall furnish the services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Design Professional and are not retained by the Design Professional as part of its Basic Services or Additional Services. 4.7When not a part of the Additional Services, the Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests of hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. 4.9The services, information, surveys and reports required by Owner under Sections 4.5 through 4.8 shall be furnished at the Owner's expense, and the Design Professional shall be entitled to rely upon the accuracy and completeness thereof in the absence of any negligence on the part of the Design Professional. 4.10 The Owner shall give prompt written notice to the Design Professional if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. 4.11Design Professional shall propose language for certificates or certifications to be requested of theDesign Professional or Design Professional's consultants and shall submit such to the Owner for review and approval at least fourteen (14) days prior to execution. The Owner agrees not to request certifications that would require knowledge or services beyond the scope of the Agreement. ARTICLE 5 CONSTRUCTION COST 5.1 CONSTRUCTION COST DEFINED EXHIBIT 2 5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Design Professional. 5.1.2The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Design Professional, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the work during construction. 5.1.3Construction Cost does not include the compensation of the Design Professional and Design Professional's consultants, the costs of the land, rights-of-way, financing or other costs which are the responsibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost prepared by the Design Professional represent the Design Professional's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Design Professional nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding or market conditions. Accordingly, the Design Professional cannot and does not warrant or represent that bids or cost proposals will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Design Professional. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of the Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties thereto. If such a fixed limit has been established, the Design Professional shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3If the Procurement Phase has not commenced within 90 days after the Design Professional submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. ARTICLE 6 OWNERSHIP AND USE OF DOCUMENTS 6.1The Drawings, Specifications and other documents prepared by the Design Professional for this Project are instruments of the Design Professional's service and shall become the property of the Owner upon termination or completion of the Agreement. The Design Professional is entitled to retain copies of all such expense. In the event the Owner uses any of the information or materials developed pursuant to the Agreement in another project or for other purposes than are specified in the Agreement, the Design Professional is released from any and all liability relating to their use in that project 6.2Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the Design Professional's reserved rights. ARTICLE 7 TERMINATION, SUSPENSION OR ABANDONMENT 7.1 The Design Professional may terminate the Agreement upon not less than thirty days written notice should the Owner fail substantially to perform in accordance with the terms of the Agreement through no fault of the Design Professional. Owner may terminate the Agreement or any phase thereof with or without cause upon thirty (30) days prior written notice to the Design Professional. All work and labor being performed under the Agreement shall cease immediately upon Design wner for all work it satisfactorily perform- ed prior to the receipt of such notice. No amount shall be due for lost or anticipated profits. All plans, field surveys, and other data related to the Project shall become property of the Owner upon termination of the Agreement and shall be promptly delivered to the Owner in a reasonably organized form. Should Owner subsequently contract with a new Design Professional for continuation of services on the Project, Design Professional shall cooperate in providing information. 7.2If the Project is suspended by the Owner for more than 30 consecutive days, the Design Professional shall be compensated for services satisfactorily performed prior to notice of such suspension. When the Project is resumed, the Design Professional's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Design Professional's services. 7.3The Agreement may be terminated by the Owner upon not less than seven days written notice to the Design Professional in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Design Professional or the Owner may terminate the Agreement by giving written notice. 7.4Failure of the Owner to make payments to the Design Professional for work satisfactorily completed in accordance with the Agreement shall be considered substantial nonperformance and cause for termination. 7.5If the Owner fails to make payment to Design Professional within thirty (30) days of receipt of a statement for services properly and satisfactorily performed, the Design Professional may, upon seven days written notice to the Owner, suspend performance of services under the Agreement. 7.6In the event of termination not the fault of the Design Professional, the Design Professional shall be compensated for services properly and satisfactorily performed prior to termination. EXHIBIT 2 ARTICLE 8 PAYMENTS TO THE DESIGN PROFESSIONAL 8.1 DIRECT PERSONNEL EXPENSE 8.1.1 Direct Personnel Expense is defined as the direct salaries of the Design Professional's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. 8.2 REIMBURSABLE EXPENSES 8.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Design Professional and Design Professional's employees and consultants in the interest of the Project, as identified in the following Clauses. 8.2.1.1 Expense of transportation in connection with the Project; expenses in connection with authorized out-of-town travel; long-distance communications; and fees paid for securing approval of authorities having jurisdiction over the Project. 8.2.1.2Expense of reproductions (except the reproduction of the sets of documents referenced in Subsection 2.6.19), postage and handling of Drawings, Specifications and other documents. 8.2.1.3If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. 8.2.1.4Expense of renderings, models and mock-ups requested by the Owner. 8.2.1.5Expense of computer-aided design and drafting equipment time when used in connection with the Project. 8.2.1.6Other expenses that are approved in advance in writing by the Owner. 8.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 8.3.1 Payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the basis set forth in Section 2 of the Agreement and the schedule of work. 8.3.2If and to the extent that the time initially established in the Agreement is exceeded or extended through no fault of the Design Professional, compensation for any services rendered during the additional period of time shall be computed in the manner set forth in Section 2 of the Agreement. 8.3.3When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 2 of the Agreement based on (1) the lowest bona fide bid or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such portions of the Project. 8.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 8.4.1 Payments on account of the Design Professional's Additional Services and for Reimbursable Expenses shall be made monthly within 30 days after the presentation to the Owner of the Design Professional's statement of services rendered or expenses incurred. 8.5 PAYMENTS WITHHELD No deductions shall be made from the Design Professional's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the work other than those for which the Design Professional is responsible. 8.6 DESIGN PROFESSIONAL'S ACCOUNTING RECORDS Design Professional shall make available to Owner or Owner's authorized representative records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense for inspection and copying during regular business hours for three years after the date of the final Certificate of Payment, or until any litigation related to the Project is final, whichever date is later. ARTICLE 9 INDEMNITY 9.1 The Design Professional shall indemnify and save and hold harmless the Owner and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the Owner, and including, without limitation, damages for bodily and personal injury, death and property damage, to the extent resulting from the negligent acts or omissions of the Design Professional or its officers, shareholders, agents, or employees in the performance of the Agreement. 9.2 Nothing herein shall be construed to create a liability to any person who is not a party to the Agreement, and nothing herein shall waive any of the laim, cause of action, or litigation filed by anyone not a party to the Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE 10INSURANCE During the performance of the Services under the Agreement, Design Professional shall maintain the following insurance with an insurance company licensed or authorized to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: 10.1 Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $2,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $250,000 in the aggregate. EXHIBIT 2 10.2 Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident, and with property damage limits of not less than $100,000 for each accident. 10.3 not less than $100,000 for each accident including occupational disease. 10.4 Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. 10.5 The Design Professional shall furnish insurance certificates or insurance policies to the Owner evidencing insurance in compliance with this Article 10 at the time of the execution of the Agreement. The General Liability and Automobile Liability insurance policies shall name the Owner as an additional contain a provision that such In such event, the Design Professional shall, prior to the effective date of the change or cancellation, furnish Owner with substitute certificates of insurance meeting the requirements of this Article 10. ARTICLE 11 MISCELLANEOUS PROVISIONS 11.1 The Agreement shall be governed by the laws of the State of Texas. Venue of any suit or cause of action under the Agreement shall lie exclusively in Denton County, Texas. 11.2The Owner and Design Professional, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. The Design Professional shall not assign its interests in the Agreement without the written consent of the Owner. 11.3The term Agreement as used herein includes the executed Agreement, the Proposal, these General Conditions and other attachments referenced in Section 3 of the Agreement which together represent the entire and integrated agreement between the Owner and Design Professional and supersedes all prior negotiations, representations or agreements, either written or oral. The Agreement may be amended only by written instrument signed by both Owner and Design Professional. When interpreting the Agreement the executed Agreement, Proposal, these General Conditions and the other attachments referenced in Section 3 of the Agreement shall to the extent that is reasonably possible be read so as to harmonize the provisions. However, should the provisions of these documents be in conflict so that they can not be reasonably harmonized, such documents shall be given priority in the following order: 1. The executed Agreement 2. Attachments referenced in Section 3 of the Agreement other than the Proposal 3. These General Provisions 4. The Proposal 11.4Nothing contained in the Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Design Professional. 11.5Upon receipt of prior written approval of Owner, the Design Professional shall have the right to include representations of the design of the Project, including photographs of the exteaterials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Design Professional in writing of the specific information con- sidered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Design Professional on the construction sign and in the promotional materials for the Project. 11.6 Approval by the Owner shall not constitute, nor be deemed a release of the responsibility and liability of the Design Professional, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the Owner for any defect in the design or other work prepared by the Design Professional, its employees, subcontractors, agents, and consultants. 11.7All notices, communications, and reports required or permitted under the Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below signature block on the Agreement, certified mail, return receipt requested, unless otherwise specified herein. All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days after mailing. 11.8If any provision of the Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of the Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform the Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. 11.9The Design Professional shall comply with current and applicable federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended during the term of this Agreement. 11.10 In performing the Services required hereunder, the Design Professional shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. 11.11 The captions of the Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of the Agreement. EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 April 29, 2016 Letter of Proposal for Professional Architectural Services for the CITY OF DENTON REGIONAL PUBLIC SAFETY TRAINING FACILITY This Letter of Proposal is for professional architectural services by PGAL (the Architect) for the City of Denton (the City and Owner) for the Regional Public Safety Training Facility Initial Implementation (the Project). 1.0 PROJECT SCOPE 1.1 The Project scope includes partial implementation of the City of Denton Regional Public Safety Training Facility project, originally designed in 2008 by the Architect. This phase shall include the Burn Tower; Outdoor Training Classroom; concrete pads for the Flash Chamber, Class A Burn props and Propane Tank; the driveways serving these; and a small parking lot as an add alternate 1.2 The Architects subconsultants include the following: Walter P. Moore Structural Engineer for Outdoor Classroom AG&E Structural Engineer for Burn Tower Foundation Purdy-McGuire, Inc. Plumbing & Electrical Engineer: Elliott, LeBoeuf & McElwain Fire Training Specialist RLG Consulting Engineers Civil Engineer Riddle & Goodnight Cost Estimator 1.3 Due to the atypical nature of this project which does not include any regularly occupied buildings, the application of the LEED Rating System to this project will be of no substantive benefit to the City of Denton or its citizens. However, to provide for the appropriate degree of sustainability and energy efficiency, the Architect will include the following strategies that conform to the intent of the relevant LEED prerequisites: 1.3.1 Construction Activity Pollution Prevention: Design documents will require the Contractor to implement a Stormwater Pollution Prevention Plan (SWPPP). 1.3.2 Water Efficiency: A high efficiency toilet and low flow lavatory faucet will be used in the Outdoor Classroom Restroom. 1.3.3 Energy Efficiency: Energy efficient lighting will be specified throughout. EXHIBIT 2 2.0ARCHITECTURAL SERVICES The Architect shall collaborate with the City as needed to provide the following professional services: 2.1.Construction Documents Phase 2.1.1 Contract Documents Construction drawings and specifications from the previously approved Contract Documents will be updated to conform to current codes and best practices. Depending on timing and/or the Owners wishes, separate Permit and Construction Sets can be provided. 2.1.2 Construction Cost Estimate The Architect will send the 50% Progress Set to a third party cost estimator for a construction cost estimate. 2.1.3 Permit Application The Architect will submit the construction set for permit. 2.1.4 Deliverables The following deliverables will be provided: 50% Progress Set 90% Progress Set Construction Cost Estimate Construction Set 2.1.5 Estimated Completion Time 60 days 2.2.Bidding and Negotiations Phase 2.2.1 Pre-Bid Conference and Tour The Architect will administer a conference and tour of the site for prospective bidders. 2.2.2 Addenda The Architect will respond to questions to potential bidders and provide clarification if necessary in the form of Addenda. 2.2.3 Evaluation of Bids - Once bids are received and opened by the City, the Architect will aid in the evaluation of the bidders. 2.2.4 Estimated Completion Time 42 days 2.3.Construction Administration The Architect will attend bi-weekly meetings during construction, produce Field Observation reports, review submittals, produce responses to Request for Interpretations, and respond in a professional manner as needed during the construction process. Services in this phase are defined in AIA Document B101, 3.6 and in AIA Document A201-2007 3.0EXCLUDED SERVICES It is agreed that the following services are not included herein at this time. If required, they may be added as an Additional Service: Changes to the base design of the Regional Public Training Facility as designed in 2008. EXHIBIT 2 Re-designs, new designs, meetings and other costs related to significant changes in scope of work or significant changes to approved designs. This includes work and meetings required to incorporate value engineering items. Landscape Architecture. Public water or sewer system improvements beyond service connections and any off-site work. Traffic Impact Studies TxDOT Permits Zoning change requests Retaining wall design Environmental site assessments The design of currently unidentified specialty electrical, lighting or communication systems, including voice and data, audio/visual, security, or other low voltage electronic systems. Junction boxes and conduit for the systems will be shown in the construction documents. Fire alarm and related devices are included. Design of franchise utilities (gas, electric, telephone, and cable television) LEED Certification. As-Constructed Record Drawings Land Survey & Platting Geotechnical Investigation 4.0 PROFESSIONAL FEES Client shall compensate the Architect as follows: 4.1.Construction Documents Phase = $91,030.00 4.2.Bidding and Negotiations Phase = $18,206.00 4.3.Construction Administration Phase = $72,824.00 Total Professional Fees = $182,060.00 5.0 REIMBURSABLE EXPENSES 5.1.Client shall reimburse the Architect for actual expenditures made by the Architect in the interest of the Project. Compensation for Reimbursable Expenses shall be computed as a multiple of one and one tenth (1.10) times the actual expense incurred, and shall not exceed $10,000 without prior written approval. Reimbursable expenses shall include: 5.1.1.Transportation to and from the Project location including automobile mileage at prevailing rates, tolls and parking costs. 5.1.2.Reproductions, plots, reprographic services, standard form documents, postage, courier or express mail services required for the delivery of Instruments of Service. 5.1.3.Telecommunications expenses related to online or video conferences such as GoToMeetings or WebEx. EXHIBIT 2 6.0 ADDITIONAL SERVICES 6.1 Additional Services: Following prior written authorization and approval of Client, Architect shall make revisions in drawings, specifications or other documents when such revisions are: necessitated by inconsistencies with approvals or instructions previously given by the Client, including revisions made necessary by adjustments in the Clients program or Project budget; required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; necessitated because of significant changes in the Project and authorized by written Change Orders including, but not limited to, size, quality, complexity, the Clients schedule, or the method of bidding or negotiating and contracting for construction; providing any other services not included herein or not customarily furnished in accordance with generally accepted architectural practice. 6.2 Compensation for Additional Services: Compensation for Additional Services are stated below: Principal: $245/hour Project Manager: $225/hour Technical Staff: $135/hour 7.0 STATEMENT OF JURISDICTION In accordance with requirements of the Texas Board of Architectural Examiners (TBAE), the Architect makes the following Statement of Jurisdiction: "The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the professional practices of persons registered as architects in Texas". The Board may be contacted as follows: 1) By mail: Texas Board of Architectural Examiners, P.O. Box 12337 Austin, TX 78711-2337; 2) In person: 333 Guadalupe, Suite 2-350 Austin, TX 78701-3942; 3) By telephone: 512/305-9000; 4) By fax: 512/305-8900; or 5) Via website: . www.tbae.state.tx.us EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-681,Version:1 Agenda Information Sheet DEPARTMENT:Department of Development Services CM/ ACM:Jon Fortune Date:June 7, 2016 SUBJECT ConsideradoptionofanordinanceoftheCityofDenton,TexasapprovingasecondamendmenttoaNon- AnnexationAgreementbetweentheCityofDenton,JeanAnnBakerandRyanCapitalPartners,Ltd.;and providing an effective date. BACKGROUND OnMarch3,2015,theCityCounciladoptedOrdinance2015-072,acceptingaNon-AnnexationAgreementfor agricultural,wildlifemanagement,ortimberlandusepropertieswithinanareaoflandgenerallylocatedonthe northandsouthsidesofRyanRoad,consistingofapproximately85acres(“NAA”).TheNAAwasscheduled toterminateonMarch1,2016.However,thepropertyowner(s)intimatedthattherewasapotentialmulti-use ofthesubjectproperty,andtheowner(s)consequentlyrequestedanextensionoftheNAAtoallowenoughtime forstafftocreateaPre-AnnexationDevelopmentAgreement(PADA)pursuanttotheLocalGovernmentCode. WiththeadoptionofOrdinance2016-0179,attheMarch1,2016meeting,theCityCouncilextendedtheNAA for 120 days to afford staff and potential developers the opportunity to author a PADA, or until June 29, 2016. th Staffpreviouslypresented,attheFebruary16worksession,ananalysisoutliningtheintentofaPADAand associatedadvantagesofcreatingacomprehensivedevelopmentagreementforthesubjectsite.Thepropertyis slatedtobedevelopedwithasinglefamilysubdivision,theexpansionofGoodSamaritan,aswellasasingle familyhome.ThedevelopmentstandardscreatedwillbecomparativelymoreelevatedthanthecurrentDDC requirementsandwillallowtheCitytosecureacomprehensivelyplanned,high-qualitydevelopmentinsteadof aconventionaldevelopmentpatternmeetingtheminimumrequirements.Theanalysishingedontheimportance of creating: ACohesiveCharacter:Elementsthatdefinethespaceandcreateasenseofplace.Thisincludes,butis not limited to, architectural details, building materials, landscape design and tree canopy. Connectivity:Pedestrian,bicycleandvehicularpathswithinthecommunityandassociatedconnectivity with adjacent communities and the transportation network. Sustainability:Protectionforfuturegenerations.Thisincludesthenaturalenvironment,economic growth and social systems. Open Space: This includes active and passive recreation areas for the entire community. Durability: Neighborhoods should be long lasting legacies for the City of Denton Maintainingtheintegrity,tothegreatestextentpossible,oftheexistingEnvironmentallySensitiveArea (ESA) and floodplain that traverses the southern portion of the site. City of DentonPage 1 of 3Printed on 6/3/2016 powered by Legistar© File #:ID 16-681,Version:1 Inanefforttoensuretheaforementionedelementsarerealized,Staffisintheprocessofreviewingassociated detailed plans which would memorialize the following; Permitted land uses in each tract and associated zoning at the time of annexation An annexation phasing plan Maximum lot count Minimum lots sizes Minimum dwelling unit sizes Building pad orientation Open space (passive and active) Entry features Perimeter screening mechanisms Hardscape and landscape features Tree preservation and mitigation requirements Building material requirements Infrastructure obligations Retaining the integrity of the ESA DuetotheextensiveworkassociatedwithcreatingaPADA,StaffisrequestingtheexistingNAAbeextended foranadditionalninety(90)daystoensuretheprojectdetailsarevettedwithallpertinentstakeholdersand sufficienttimeisaffordedforthereviewprocess.Unlessextendedbymutualagreementofthepartiesinvolved, thisNAAwillterminateonJune29,2016.StaffisrecommendingthattheNAAbeextendedforaperiodofat least 90 days. OPTIONS 1.Approve as submitted. 2.Approve subject to conditions. 3.Deny. 4.Postpone consideration. 5.Table item. RECOMMENDATION StaffrecommendsapprovalofanOrdinanceacceptingaSecondAmendmenttotheChapter212TexasLocal GovernmentCodeNon-annexationAgreementbetweentheCity,JeanAnnBaker,andRyanCapitalPartners, Ltd., which shall extend the First Amendment NAA for an additional 90 days. PRIOR ACTION/REVIEW (Council, Boards, Commissions) OnMarch1,2016,theCityCounciladoptedOrdinance2016-0179,extendingtheNAAfor120days,expiring th June 29, 2016. STRATEGIC PLAN RELATIONSHIP TheCityofDenton’sStrategicPlanisanaction-orientedroadmapthatwillhelptheCityachieveitsvision. City of DentonPage 2 of 3Printed on 6/3/2016 powered by Legistar© File #:ID 16-681,Version:1 Thefoundationfortheplanisthefivelong-termKeyFocusAreas(KFA):OrganizationalExcellence;Public Infrastructure;EconomicDevelopment;Safe,Livable,andFamily-FriendlyCommunity;andSustainabilityand EnvironmentalStewardship.WhileindividualitemsmaysupportmultipleKFAs,thisspecificCityCouncil agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Safe, Liveable & Family-Friendly Community Related Goal: 5.4 Manage land use and preserve open/natural spaces EXHIBITS 1.Ordinance 2016-0179 nd 2.Proposed 2 Amendment (90 day extension) 3.Location Map Respectfully submitted: Munal Mauladad, Deputy Director Development Services City of DentonPage 3 of 3Printed on 6/3/2016 powered by Legistar© Location Map PUBLIC ALLEY COD COD ETJ ETJ HICKORY CREEK RD NAA 8/1/20 NAA 8/1/20 ¶ City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-697,Version:1 Agenda Information Sheet DEPARTMENT:Technology Services CM/ ACM:Bryan Langley Date:June 7, 2016 SUBJECT ConsideradoptionofanordinanceapprovinganagreementbetweentheCityofDentonandDallasMTA,L.P. d/b/aVerizonWirelessregardinganinbuildingwirelessinstallationat608E.HickorySt.,Suite128(“Rail Yard Business Incubator Project”); and providing an effective date. BACKGROUND TheCityofDentonhasestablishedabusinessincubatorprojectat608E.HickorySt.,Suite128.Thislocation isknownastheRailYardandisacrossthestreetfromthePoliceDepartment.VerizonWirelesswillinstall smallcellstoprimarilyenhancelocalizedcapacityandcoverage,wherethereisconcentratedtrafficattheRail Yard.Verizonsmallcellsarefullyfeatured,shortrangemobilephonebasestationsusedtocomplement Verizonmobilephoneservicefromtheirlargermacrocelltowers.VerizonWirelesshasagreedtoinstallthe facilities necessary for the availability of Verizon wireless service at no cost to the City. OPTIONS Deny; Table; Approve. RECOMMENDATION Staff recommends approval of the Ordinance. ESTIMATED SCHEDULE OF PROJECT Work shall commence within 30 days of the execution of the agreement. FISCAL INFORMATION Contract does not obligate the City financially. STRATEGIC PLAN RELATIONSHIP TheCityofDenton’sStrategicPlanisanaction-orientedroadmapthatwillhelptheCityachieveitsvision. City of DentonPage 1 of 2Printed on 6/3/2016 powered by Legistar© File #:ID 16-697,Version:1 Thefoundationfortheplanisthefivelong-termKeyFocusAreas(KFA):OrganizationalExcellence;Public Infrastructure;EconomicDevelopment;Safe,Livable,andFamily-FriendlyCommunity;andSustainabilityand EnvironmentalStewardship.WhileindividualitemsmaysupportmultipleKFAs,thisspecificCityCouncil agenda item contributes most directly to the following KFA and goal: Related Key Focus Area:Economic Development Related Goal:3.3 Promote a business-friendly environment EXHIBITS 1.Ordinance Respectfully submitted: Melissa Kraft Chief Technology Officer City of DentonPage 2 of 2Printed on 6/3/2016 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-472,Version:1 AGENDA INFORMATION SHEET DEPARTMENT:Department of Development Services ACM:Jon Fortune DATE:June 7, 2016 SUBJECT ConsideradoptionofanordinanceoftheCityofDenton,Texas,onsecondreadingtoinvoluntarilyannex approximately2.1021acresofland,containedinone(1)ofthefifteen(15)annexationareas,specificallyland locatedwithinDH14;providingforapenaltyinthemaximumamountof$2000.00forviolationsthereof, severability and an effective date. BACKGROUND TheDentonPlan,adoptedin1999,calledforanaggressiveannexationpolicy.Followingthispolicy,theCity ofDentoninstitutedanumberofannexations.In2009,FreeseandNicholswashiredtoperformanannexation study.Asaresult,approximately9,035acresoflandwithintheCityofDentonExtraterritorialJurisdiction (ETJ) was initiated for annexation in 2010. Aspartoftheaggressiveannexationin2010,theCityCouncilapprovedseveralordinancesforNon AnnexationAgreements(NAAs)inannexationareasreferredtoas DH1,DH2,DH3,DH4,DH5,DH11,DH14, PAA1,PAA2,PAA3,andPAA4.Theagreementswereapprovedforfiveyearsandhadacessationdatefor February9,2015andMarch2,2015.In2014,CityCouncildirectedstafftoofferaoneyearextensiontothe originalagreement.TheproposedannexationsinvolvethosepropertiesthatreceivedaNon-Annexation Agreementin2015,anddonotcomplywiththeexemptionrequirementsintheTexasLocalGovernmentCode Section 43.035 or did not execute a Non-Annexation Extension Agreement. ConsistentwiththeTexasLocalGovernmentCodeSection43.063andtheCity’sCharterSection1.03, annexingpropertiesintotheCity’scorporateboundariesrequirestwopublichearingsandtwopublicreadings. Generally,apublichearinginvolvesanadvertisedandnoticedmeetingthatthegeneralpublichasthe opportunitytocommentandparticipate.ThefirstpublicreadingconsistofreadingtheordinanceandCity Councilconsidersinstitutingtheannexationproceedings.Thesecondpublicreadingconsistofreadingthe ordinance and City Council taking action. The annexation schedule is as follows: March 1, 2016City Council First Public Hearing March 3, 2016City Council Second Public Hearing st April 5, 20161 Reading of the Annexation Ordinance April 12, 2016Publication of the Annexation Ordinance in the Denton Record Chronicle City of DentonPage 1 of 3Printed on 6/3/2016 powered by Legistar© File #:ID 16-472,Version:1 nd June 7, 20162 Reading and Adoption of the Annexation Ordinance Priortoannexation,pertheTexasLocalGovernmentCodeSection43.065,acitymustmakeprovisionsto providemunicipalservices,alsoknownasaServicePlan,fortheproposedannexationareasnolaterthantwo and one-half years (2½) years after the effective date of the annexation unless: (1)The City cannot reasonably provide certain services within that period; and (2)TheCityproposesascheduleforprovidingtheservicesthatextendsnotlongerthanfourandone-half (4½) years after the effective date of the annexation. Id. at §43.056(b). OntheeffectivedateoftheannexationtheCityisrequiredtoprovidethefollowingservicestotheproposed areas: (1)Police protection; (2)Fire protection; (3)Emergency medical services; (4)Solidwastecollection,exceptasprovidedbysubsection(o).Subsection(o)providesthata municipalityisnotrequiredtoprovidecollectionservicetoapersonwhocontinuestousethecollection services of a privately owned collection service; (5)Operationandmaintenanceofwaterandwastewaterfacilitiesintheannexedareathatarenotwithinthe service area of another water or wastewater utility; (6)Operation and maintenance of roads and streets, including road and street lighting; (7)Operation and maintenance of parks; and (8)Operation and maintenance of any other publicly owned facility, building or service. In the same manner, a Service Plan has inherent limitations. A Service Plan may not: (1)Require the creation of another political subdivision; (2)Requirealandownerintheareatofundthecapitalimprovementsnecessarytoprovidemunicipal services in a manner inconsistent with Chapter 395 unless otherwise agreed to by the landowner; or (3)Provideservicesintheareainamannerthatwouldhavetheeffectofreducingbymorethana negligibleamounttheleveloffireandpoliceprotectionandemergencymedicalservicesprovided within the corporate boundaries of the municipality before annexation. Id. at §43.056(f) Beforethesecond(2nd)anniversaryofthedateanareaisincludedwithinthecorporateboundariesoftheCity by annexation, the City may not: (1)Prohibitthecollectionofsolidwasteintheareabyaprivatelyownedsolidwastemanagementservice provider; or (2)Imposeafeeforsolidwastemanagementservicesonapersonwhocontinuestousetheservicesofa privately owned solid waste management service provider. Id. at §43.056(n) TheCityisnotrequiredtoprovidesolidwastecollectionservicestoapersonwhocontinuestouseaprivately ownedsolidwastemanagementserviceprovider.Privatesolidwastecollectionserviceprovidersoperatingin theaffectedareaimmediatelypriortoannexationandcurrentlyprovidingcustomerswithservicemaycontinue to provide their existing service for up to 2 years in accordance with Texas Local Government Code. City of DentonPage 2 of 3Printed on 6/3/2016 powered by Legistar© File #:ID 16-472,Version:1 OPTIONS 1.Proceed with the annexation. 2.Discontinue annexation. 3.Amend the Service Plan. 4.Table this item. PRIOR ACTION/REVIEW (Council, Boards, Commissions) OnFebruary9,2010,theCityCouncilapprovedNAAsforthesubjectpropertiesthroughFebruary9,2015or March 2, 2015 with terms that the property remain in agricultural use or be subject to immediate annexation. On March 3, 2015, the City Council approved NAAs for the subject properties through March 1, 2016. OnFebruary2,2016,theCityCouncilapprovedanordinanceestablishingpublichearingdatesandauthorizing the City Secretary to publish notice for the annexation of the subject properties. On March 1, 2016, the first public hearing was held. On March 3, 2016, the second public hearing was held. On April 5, 2016, the City Council instituted the annexation proceedings. STRATEGIC PLAN RELATIONSHIP TheCityofDenton’sStrategicPlanisanaction-orientedroadmapthatwillhelptheCityachieveitsvision. Thefoundationfortheplanisthefivelong-termKeyFocusAreas(KFA):OrganizationalExcellence;Public Infrastructure;EconomicDevelopment;Safe,Livable,andFamily-FriendlyCommunity;andSustainabilityand EnvironmentalStewardship.WhileindividualitemsmaysupportmultipleKFAs,thisspecificCityCouncil agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Economic Development Related Goal: 3.4 Encourage development, redevelopment, recruitment, and retention EXHIBITS 1.DH14 Annexation Ordinance Respectfully submitted: Aimee Bissett Director of Development Services Prepared by: Ron Menguita, AICP Long Range Planning Administrator City of DentonPage 3 of 3Printed on 6/3/2016 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-675,Version:1 AGENDA INFORMATION SHEET DEPARTMENT:Department of Development Services ACM:Jon Fortune DATE:June 7, 2016 SUBJECT ConsideradoptionofanordinanceoftheCityofDenton,Texas,onsecondreadingtoinvoluntarilyannex approximately712acresofland,containedinone(1)ofthefifteen(15)annexationareas,specificallyland locatedwithinPAA4;providingforapenaltyinthemaximumamountof$2000.00forviolationsthereof, severability and an effective date. BACKGROUND TheDentonPlan,adoptedin1999,calledforanaggressiveannexationpolicy.Followingthispolicy,theCity ofDentoninstitutedanumberofannexations.In2009,FreeseandNicholswashiredtoperformanannexation study.Asaresult,approximately9,035acresoflandwithintheCityofDentonExtraterritorialJurisdiction (ETJ) was initiated for annexation in 2010. Aspartoftheaggressiveannexationin2010,theCityCouncilapprovedseveralordinancesforNon AnnexationAgreements(NAAs)inannexationareasreferredtoas DH1,DH2,DH3,DH4,DH5,DH11,DH14, PAA1,PAA2,PAA3,andPAA4.Theagreementswereapprovedforfiveyearsandhadacessationdatefor February9,2015andMarch2,2015.In2014,CityCouncildirectedstafftoofferaoneyearextensiontothe originalagreement.TheproposedannexationsinvolvethosepropertiesthatreceivedaNon-Annexation Agreementin2015,anddonotcomplywiththeexemptionrequirementsintheTexasLocalGovernmentCode Section 43.035 or did not execute a Non-Annexation Extension Agreement. ConsistentwiththeTexasLocalGovernmentCodeSection43.063andtheCity’sCharterSection1.03, annexingpropertiesintotheCity’scorporateboundariesrequirestwopublichearingsandtwopublicreadings. Generally,apublichearinginvolvesanadvertisedandnoticedmeetingthatthegeneralpublichasthe opportunitytocommentandparticipate.ThefirstpublicreadingconsistofreadingtheordinanceandCity Councilconsidersinstitutingtheannexationproceedings.Thesecondpublicreadingconsistofreadingthe ordinance and City Council taking action. The annexation schedule is as follows: March 1, 2016City Council First Public Hearing March 3, 2016City Council Second Public Hearing st April 5, 20161 Reading of the Annexation Ordinance April 12, 2016Publication of the Annexation Ordinance in the Denton Record Chronicle City of DentonPage 1 of 3Printed on 6/3/2016 powered by Legistar© File #:ID 16-675,Version:1 nd June 7, 20162 Reading and Adoption of the Annexation Ordinance Priortoannexation,pertheTexasLocalGovernmentCodeSection43.065,acitymustmakeprovisionsto providemunicipalservices,alsoknownasaServicePlan,fortheproposedannexationareasnolaterthantwo and one-half years (2½) years after the effective date of the annexation unless: (1)The City cannot reasonably provide certain services within that period; and (2)TheCityproposesascheduleforprovidingtheservicesthatextendsnotlongerthanfourandone-half (4½) years after the effective date of the annexation. Id. at §43.056(b). OntheeffectivedateoftheannexationtheCityisrequiredtoprovidethefollowingservicestotheproposed areas: (1)Police protection; (2)Fire protection; (3)Emergency medical services; (4)Solidwastecollection,exceptasprovidedbysubsection(o).Subsection(o)providesthata municipalityisnotrequiredtoprovidecollectionservicetoapersonwhocontinuestousethecollection services of a privately owned collection service; (5)Operationandmaintenanceofwaterandwastewaterfacilitiesintheannexedareathatarenotwithinthe service area of another water or wastewater utility; (6)Operation and maintenance of roads and streets, including road and street lighting; (7)Operation and maintenance of parks; and (8)Operation and maintenance of any other publicly owned facility, building or service. In the same manner, a Service Plan has inherent limitations. A Service Plan may not: (1)Require the creation of another political subdivision; (2)Requirealandownerintheareatofundthecapitalimprovementsnecessarytoprovidemunicipal services in a manner inconsistent with Chapter 395 unless otherwise agreed to by the landowner; or (3)Provideservicesintheareainamannerthatwouldhavetheeffectofreducingbymorethana negligibleamounttheleveloffireandpoliceprotectionandemergencymedicalservicesprovided within the corporate boundaries of the municipality before annexation. Id. at §43.056(f) Beforethesecond(2nd)anniversaryofthedateanareaisincludedwithinthecorporateboundariesoftheCity by annexation, the City may not: (1)Prohibitthecollectionofsolidwasteintheareabyaprivatelyownedsolidwastemanagementservice provider; or (2)Imposeafeeforsolidwastemanagementservicesonapersonwhocontinuestousetheservicesofa privately owned solid waste management service provider. Id. at §43.056(n) TheCityisnotrequiredtoprovidesolidwastecollectionservicestoapersonwhocontinuestouseaprivately ownedsolidwastemanagementserviceprovider.Privatesolidwastecollectionserviceprovidersoperatingin theaffectedareaimmediatelypriortoannexationandcurrentlyprovidingcustomerswithservicemaycontinue to provide their existing service for up to 2 years in accordance with Texas Local Government Code. OPTIONS City of DentonPage 2 of 3Printed on 6/3/2016 powered by Legistar© File #:ID 16-675,Version:1 1.Proceed with the annexation. 2.Discontinue annexation. 3.Amend the Service Plan. 4.Table this item. PRIOR ACTION/REVIEW (Council, Boards, Commissions) OnFebruary9,2010,theCityCouncilapprovedNAAsforthesubjectpropertiesthroughFebruary9,2015or March 2, 2015 with terms that the property remain in agricultural use or be subject to immediate annexation. On March 3, 2015, the City Council approved NAAs for the subject properties through March 1, 2016. OnFebruary2,2016,theCityCouncilapprovedanordinanceestablishingpublichearingdatesandauthorizing the City Secretary to publish notice for the annexation of the subject properties. On March 1, 2016, the first public hearing was held. On March 3, 2016, the second public hearing was held. On April 5, 2016, the City Council instituted the annexation proceedings. STRATEGIC PLAN RELATIONSHIP TheCityofDenton’sStrategicPlanisanaction-orientedroadmapthatwillhelptheCityachieveitsvision. Thefoundationfortheplanisthefivelong-termKeyFocusAreas(KFA):OrganizationalExcellence;Public Infrastructure;EconomicDevelopment;Safe,Livable,andFamily-FriendlyCommunity;andSustainabilityand EnvironmentalStewardship.WhileindividualitemsmaysupportmultipleKFAs,thisspecificCityCouncil agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Economic Development Related Goal: 3.4 Encourage development, redevelopment, recruitment, and retention EXHIBITS 1.PAA4 Annexation Ordinance Respectfully submitted: Aimee Bissett Director of Development Services Prepared by: Ron Menguita, AICP Long Range Planning Administrator City of DentonPage 3 of 3Printed on 6/3/2016 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-688,Version:1 Agenda Information Sheet DEPARTMENT:City Manager’s Office CM/ ACM:Bryan Langley Date:June 7, 2016 SUBJECT Consider nominations/appointments to the City’s Boards and Commissions: Parks, Recreation and Beautification Board; Public Art Committee; and Zoning Board of Adjustment. BACKGROUND BelowisalistofoutstandingBoardsandCommissionsnominationsandtheCouncilMemberresponsiblefor the nomination: Parks,RecreationandBeautificationBoard-AlexLiebanhasmovedoutofstate.Thisisanominationfor Council Member Gregory. PublicArtCommittee-JimClementhasmovedoutofstate.ThisisanominationforCouncilMember Bagheri.GlenFarrishasresigned.ThisisanominationforCouncilMemberRoden.GeorgeNealhas resigned. This is a nomination for Council Member Briggs. ZoningBoardofAdjustment-SaraBagherihasresigned.ThisisanominationforCouncilMemberWazny. CouncilMemberWaznyhasnominatedDavidHiggins.Also,CathyMcMullenhasmovedoutofstate.Thisis anAlternatepositionwhichisanominationforanyCouncilMember.PleasenotethatMarshallSurratt currently serves in an Alternate position and is interested in becoming a regular member. NominationscouldbemadeandvotedonatthismeetingshouldtheCouncildesire.Approvalwouldbe contingent on completion of the confirmation process. The annual Boards and Commissions process will begin in a few weeks with the following timeline: June 17 Vacancy information provided to Council July 25 Nominations due to City Secretary August 2 Work Session to discuss nominations; confirm nominations in Regular Session August 16 Additional meeting to complete nominations, if necessary If you require any further information, please let me know. City of DentonPage 1 of 2Printed on 6/3/2016 powered by Legistar© File #:ID 16-688,Version:1 Respectfully submitted: Jennifer Walters City Secretary City of DentonPage 2 of 2Printed on 6/3/2016 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-429,Version:1 Agenda Information Sheet DEPARTMENT:Parks and Recreation CM/ACM:John Cabrales Jr. DATE:June 7, 2016 SUBJECT Holdapublichearingandconsideradoptionofanordinancegrantingapproval,inaccordancewithChapter26 oftheTexasParksandWildlifeCode,ofthenon-parkuseofapartofNorthLakesParkforthepurposeof installingandmaintaininganelectrictransmission,distribution,andcommunicationlinefortheCity’sElectric UtilityInfrastructureUpgradeProject;providingforanoticebytheCityofDenton,Texasofnon-parkusefor installationandmaintenanceofelectrictransmission,distribution,andcommunicationlineandreservationof easementintheeventofsaleofpark;andprovidinganeffectivedate.TheParks,RecreationandBeautification Board recommends approval (5-0). BACKGROUND DentonMunicipalElectrichasrequestedaneasementinNorthLakesParktoupgradepowerlines.Theareais notedinExhibit“A”oftheproposedordinanceandrepresentsacombinedareaof3.678acresalongBonnie BraeRoad.Thepurposeofthiseasementistoensurethatfuture,tallerutilitypoleswillnotcausea“blowout” orstrayingofthecablefromtheexistingeasementtoanareathatisnotconfinedwithintheeasement.The existingwoodenpolesonBonnieBraefromRayzorRanchtoFireStationNumber5atWindsorwillbe replacedwithsteelpoles.Staffhasdeterminedthatthisfurtherencumbrancewouldequatetoavalueof $35,106.00. StatelawasdefinedinChapter26,ProtectionofPublicParksandRecreationalLands,oftheTexasParksand Wildlife Code requires that: (a)amunicipalityofthisstatemaynotapproveanyprogramorprojectthatrequirestheuseor takingofanypubliclanddesignatedandusedpriortothearrangementoftheprogramorprojectasa parkunlessthemunicipality,actingthroughitsdulyauthorizedgoverningbodyorofficer, determines that: (1)there is no feasible and prudent alternative to the use or taking of such land; and (2)Theprogramorprojectincludesallreasonableplanningtominimizeharmtotheland, as a park, resulting from the use or taking. (b) A finding may be made only after notice and a hearing as required by this chapter. OPTIONS Grant approval. Deny approval. RECOMMENDATION City of DentonPage 1 of 2Printed on 6/3/2016 powered by Legistar© File #:ID 16-429,Version:1 TheParksandRecreationDepartmenthassatisfiedpublicationrequirementssetforthinChapter26ofthe TexasParksandWildlifeCode,investigatedallotheralternativesanddeterminedtherewouldbenomajor impacttoparkoperationsorprograms.Staffrecommendsthegrantingofthis3.678acreelectrical transmission,distribution,andcommunicationeasement,barringpublicobjectionattheChapter26hearing andpendingtheapprovaloftheCityCouncil,theTexasParksandWildlifeDepartment,andtheNational Park Service. ESTIMATED SCHEDULE OF PROJECT This project is scheduled from October 3, 2016, through April 28, 2017. PRIOR ACTION/REVIEW (Council, Boards, Commissions) TheParks,Recreation,andBeautificationBoardreviewedandrecommendedunanimousapprovalonMay2, 2016, by a vote of (5-0). FISCAL INFORMATION DentonMunicipalElectricwilltransferthesumof$35,106.00totheParksandRecreationDepartmentin consideration for this easement. These funds will be available to spend at any City of Denton Park property. EXHIBITS Exhibit 1 - Excerpt of Parks, Recreation and Beautification Board Minutes of May 2, 2016 Exhibit 2 - Ordinance North Lakes Park - Denton Municipal Electric Respectfully submitted: Emerson Vorel Jr., Director Parks and Recreation Prepared by:James M. Mays Superintendent of Planning and Construct City of DentonPage 2 of 2Printed on 6/3/2016 powered by Legistar© EXHIBIT 1 EXCERPT ofDRAFT MINUTES PARKS, RECREATION AND BEAUTIFICATION BOARD May 2, 2016 Civic Center Community Room After determining that a quorum of the City of Denton, Texas, Parks, Recreation and Beautification Board is present, the Chair of the Board thereafter convened into an open meeting on Monday, May 2, 2016, at 5:33 p.m. in the Denton Civic Center, 321 E. McKinney Street, Denton, Texas. Members Present: Russ Stukel, Alex Lieban, Maria Renner, Frances Punch and Gary Barber Members Absent: Paul Leslie, Tara Hartford Staff present: Emerson Vorel, Julie Leal, John Schubert, Christine Taylor, Jim Mays; Galen Gillum and Brent Heath of Denton Municipal Electric OPEN MEETING ACTION ITEM: Consider making a recommendation to the Denton City Council regarding the following item: Chapter 26: Texas Parks and Wildlife Chapter 26 Hearing: New Use – Electric Transmission, Distribution, and Communication on Existing Subsurface Water Easement in North Lakes Park. Galen Gillum, Executive Manager of Administrative Services with Denton Municipal Electric explained DME’s need to request a parkland easement to reroute lines within the boundaries of North Lakes Park. The area is 3.678 acres or 160,214 square foot of property that extends along the east side Bonnie Brae Road from the southern boundary of the park to Windsor Road. The purpose of the enhanced easement is to insure that taller replacement utility poles will continue to confine the utility lines and not cause a “blowout” or straying of the cable from the easement. Brent Heath, Executive Manager of Energy Delivery, answered a variety of questions regarding the particulars to the satisfaction of the Board: Member Barber made a motion to recommend approval of DME’s request, Member Lieban seconded, and the motion passed with a vote of 5-0. There being no further deliberation regarding this matter, the Board advanced to the next agenda item. EXHIBIT 1 DME representatives fielded a variety of questions and Member Leslie made a recommendation to advance to City Council l; Member Shelton seconded; and the motion passed 5-0. There being no further deliberation on this matter, the Board advanced to the next Item. EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-650,Version:1 Agenda Information Sheet DEPARTMENT:Parks and Recreation CM/ACM:John Cabrales Jr. DATE:June 7, 2016 SUBJECT Holdapublichearingandconsideradoptionofanordinancegrantingapproval,inaccordancewithChapter26 oftheTexasParksandWildlifeCode,ofthenon-parkuseofapartofNorthpointeParkforthepurposeof installingandmaintaininganelectrictransmission,distribution,andcommunicationlinefortheCity’sElectric UtilityInfrastructureUpgradeProject;providingforanoticebytheCityofDenton,Texasofnon-parkusefor installationandmaintenanceofelectricaltransmission,distribution,andcommunicationlineandreservationof easementintheeventofsaleofpark;andprovidinganeffectivedate.TheParks,RecreationandBeautification Board recommends approval (5-0). BACKGROUND DentonMunicipalElectrichasrequestedaneasementinNorthpointePark(alsoreferredtoasNorthPointe Park)inordertoupgradepowerlines.TheareaisnotedintheproposedordinanceasExhibit“A”and representsacombinedareaof0.792acresnorthofHerculesRoad.Thepurposeofthiseasementistoprovide connectivitywithpresentandfutureelectricalinfrastructure.Staffhasdeterminedthatthisencumbrancewould equate to a value of $11,864.00. StatelawasdefinedinChapter26,ProtectionofPublicParksandRecreationalLands,oftheTexasParksand Wildlife Code requires that: (a)amunicipalityofthisstatemaynotapproveanyprogramorprojectthatrequirestheuseor takingofanypubliclanddesignatedandusedpriortothearrangementoftheprogramorprojectasa parkunlessthemunicipality,actingthroughitsdulyauthorizedgoverningbodyorofficer, determines that: (1)there is no feasible and prudent alternative to the use or taking of such land; and (2)Theprogramorprojectincludesallreasonableplanningtominimizeharmtotheland, as a park, resulting from the use or taking. (b) A finding may be made only after notice and a hearing as required by this chapter. OPTIONS Grant approval. Deny approval. RECOMMENDATION City of DentonPage 1 of 2Printed on 6/3/2016 powered by Legistar© File #:ID 16-650,Version:1 TheParksandRecreationDepartmenthassatisfiedpublicationrequirementssetforthinChapter26ofthe TexasParksandWildlifeCodeandconfirmstheyhaveinvestigatedallalternativesanddeterminedthere wouldbenomajorimpacttoparkoperationsorprograms.Staffrecommendsthegrantingofthis0.792acre electricaltransmission,distribution,andcommunicationeasement,barringpublicobjectionattheChapter26 hearingandpendingtheapprovaloftheCityCouncil,theTexasParksandWildlifeDepartment,andthe National Park Service. ESTIMATED SCHEDULE OF PROJECT This project is scheduled to last from October 3, 2016, through April 28, 2017. PRIOR ACTION/REVIEW (Council, Boards, Commissions) ThePark,Recreation,andBeautificationBoardreviewedandrecommendedunanimousapprovalonMay2, 2016, by a vote of (5-0). FISCAL INFORMATION DentonMunicipalElectricwilltransferthesumof$11,864.00totheParksandRecreationDepartmentin consideration for this easement. These funds will be available to spend at any City of Denton Park property. EXHIBITS Exhibit 1 - Excerpt of Parks, Recreation and Beautification Board Minutes of May 2, 2016 Exhibit 2 - Ordinance Northpointe Park - Denton Municipal Electric Hercules Respectfully submitted: Emerson Vorel Jr., Director Parks and Recreation Prepared by:James M. Mays Superintendent of Planning and Construct City of DentonPage 2 of 2Printed on 6/3/2016 powered by Legistar© EXHIBIT 1 EXCERPT DRAFT MINUTES PARKS, RECREATION AND BEAUTIFICATION BOARD Parks, Recreation and Beautification Board Members Present Members Absent Staff present OPEN MEETING ACTION ITEM: Chapter 26 Texas Parks and Wildlife Chapter 26 Hearing: New Use – Electric Transmission, Distribution, and Communication on Existing Subsurface Water Easement in Northpointe Park City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:Z16-0003a,Version:1 AGENDA INFORMATION SHEET DEPARTMENT:Department of Development Services ACM:Jon Fortune DATE:June 7, 2016 SUBJECT HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,regardingarezoning requestfromNeighborhoodResidential3District(NR-3)toNeighborhoodResidential6District(NR-6)on approximately0.6acres,locatedonthenortheastcornerofNorthBellAvenueandEastWindsorDrive;and providingforapenaltyinthemaximumamountof$2,000.00forviolationsthereof;providingaseverability clause and an effective date. The Planning and Zoning Commission recommends approval 4-2. (Z16-0003). BACKGROUND TheapplicantisrequestingtorezonethesubjectpropertyfromNeighborhoodResidential3(NR-3)Districtto NeighborhoodResidential6(NR-6)Districtinordertodevelopthesitewithtwoduplexesontwolots,totaling four units. ThelocationofthesubjectpropertyonthecornerofNorthBellAvenueandEastWindsorDriveisagateway andphysicalpresencetoanexisting,establishedsingle-familyneighborhood,whichhasanapproximate density of 3.9 dwelling units per acre and is built out. Theproposedrezoningdoesnotconformtothesubjectproperty’sFutureLandUsedesignationofLowDensity ResidentialasspecifiedbyDentonPlan2030.LowDensityResidentialencouragessuburban-typesingle- familydevelopmentwitheitherlargelotsorclusteredhomesandpreservedopenspaceforuptofourdwelling unitsperacre.Furthermore,developmentcriteriaforLowDensityResidentialLandUsestatesthatwithin establishedresidentialareas,newdevelopmentshouldrespondtoexistingdevelopmentpatternsanddesign standards.ThedevelopmentpatternassociatedwithNR-6Districtdoesnotcorrespondwiththeexistingblock- leveldevelopmentpatternandintroducesdenserdevelopmentwithinanestablishedsingle-familyresidential neighborhood. WhenarezoningrequestdoesnotconformtotheFutureLandUseDesignation,Section35.3.3.B.3ofthe DentonDevelopmentCode(DDC)requiresthattherequestbefurtherevaluatedunderadditionalfactorsto balancetheinterestinpromotingthepublichealth,safety,morals,orgeneralwelfareagainsttherighttotheuse oftheproperty.Theadditionalfactorstoconsiderincludetheexistinglandusepattern,thecreationofan isolatedzoningdistrict,adequateinfrastructure,impactstoexistinggovernmentservices,reasonswhya propertycouldnotbedevelopedundercurrentzoning,andcharacterofthedistrict.Staff’sanalysisofthe requestindicatesthattheproposedNR-6District’ssmallerlots,higherdensity,andnewlandusesarenot complementarywiththenearbypropertiesandzoning,anditcouldpotentiallyaltertheexistingthelanduse City of DentonPage 1 of 3Printed on 6/3/2016 powered by Legistar© File #:Z16-0003a,Version:1 patternwithinalow-density,single-familyneighborhood.Furthermore,theproposedrezoningwouldnot conformtotheexistingcharacterofitsneighborhoodandwouldintroduceanewhousingtypewithinan established single-family block. Staff’s full analysis of the request is attached as Exhibit 1. OPTIONS 1.Approve as submitted. 2.Approve subject to conditions. 3.Deny. 4.Postpone consideration. 5.Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval of this request (4-2). TheDevelopmentReviewCommitteerecommendsdenialofthisrequest,asitisincompatiblewiththeadjacent developed properties and is inconsistent with the goals and objectives of the Denton Plan 2030, in particular: 1.ThepermitteddensityinNR-6DistrictdoesnotconformtotheFutureLandUsedesignationofLow DensityResidential,whichrequiresamaximumdensityoffourdwellingunitsperacreand development patterns consistent with existing neighborhoods. 2.ThemaximumdensityandexpandedresidentialusesinNR-6Districtwouldnotbecomplementaryto the existing adjacent NR-3 District and established single-family neighborhood. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On May 11, 2016, the Planning and Zoning Commission recommended approval of the rezoning request (4-2). STRATEGIC PLAN RELATIONSHIP TheCityofDenton’sStrategicPlanisanaction-orientedroadmapthatwillhelptheCityachieveitsvision. Thefoundationfortheplanisthefivelong-termKeyFocusAreas(KFA):OrganizationalExcellence;Public Infrastructure;EconomicDevelopment;Safe,Livable,andFamily-FriendlyCommunity;andSustainabilityand EnvironmentalStewardship.WhileindividualitemsmaysupportmultipleKFAs,thisspecificCityCouncil agenda item contributes most directly to the following KFA and goal: Related Key Focus Area:Economic Development Related Goal:3.4 Encourage development, redevelopment, recruitment, and retention EXHIBITS 1.Staff Analysis 2.Site Location/Aerial Map 3.Zoning Map 4.Future Land Use Map 5.Permitted Uses in Neighborhood Residential 3 City of DentonPage 2 of 3Printed on 6/3/2016 powered by Legistar© File #:Z16-0003a,Version:1 6.Permitted Uses in Neighborhood Residential 6 7.Public Notification Map and Responses 8.Draft Planning and Zoning Commission Meeting Minutes 9.Draft Ordinance Respectfully submitted: Aimee Bissett Director of Development Services Prepared by: Julie Wyatt Senior Planner City of DentonPage 3 of 3Printed on 6/3/2016 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:Z16-0003,Version:1 Planning Report Z16-0003 / Bell Avenue Duplex City Council District 2 Planning & Zoning Commission May 11, 2016 REQUEST: Hold a public hearing and consider making a recommendation to City Council regarding a rezoning request from Neighborhood Residential 3 (NR-3) District to Neighborhood Residential 6 (NR-6) District on approximately 0.6 acres, located on the northeast corner of North Bell Avenue and East Windsor Drive. (Z16- 0003, Bell Avenue Duplex, Julie Wyatt) OWNER: Tim A. Beaty, Tim Beaty Builders, Inc. APPLICANT: Yolanda Vela Vorel BACKGROUND: TheapplicantisrequestingtorezonethesubjectpropertyfromNeighborhoodResidential3(NR-3)Districtto NeighborhoodResidential6(NR-6)Districtinordertodevelopthesitewithtwoduplexesontwolots,totaling four units. Originallypartofthe127acre,horizontallymixed-usePlannedDevelopment72(PD-72)District,thesubject propertyandsurroundingneighborhoodwereinitiallyintendedtobedevelopedwithduplexes,four-plexes,and gardenhomes.WithinthePDConceptPlan,thesehigher-densityuseswereseparatedfromplannedsingle- familydwellingstothenorthby10acresofopenspace.Multi-familyandneighborhoodserviceswerealso proposedontheedgeofthePD,nearNorthLocustStreetandEastWindsorDrive.AsthedevelopmentofPD- 72Districtprogressed,thegardenhomesandmuchoftheacreagededicatedtotheproposedduplexesandfour- plexeswerechangedtolow-densitysingle-familyusesthroughPlannedDevelopmentAmendmentsand rezoning.Thesingle-familydwellingsandmulti-familydwellingsweredevelopedasproposed,andthearea designatedforneighborhoodservicesisnowtheNorthBranchLibrary.In2002,aspartoftheCity-wide rezoning,PD-72Districtwasrepealed,andthesubjectpropertywasrezonedtoNR-3District.Thesubject property is the only site from the original PD-72 District which remains undeveloped. SITE DATA: Thesubjectpropertyisapproximately0.6acres,locatedonthenortheastcornerofNorthBellAvenueandEast WindsorDrive.Itisplattedintotwoapproximately0.3acrelots,witheachlotconformingtothelotdimension requirements for the NR-3 District. The subject property is undeveloped. USE OF PROPERTY UNDER CURRENT ZONING: City of DentonPage 1 of 5Printed on 5/6/2016 powered by Legistar© File #:Z16-0003,Version:1 TheNeighborhoodResidential3(NR-3)Districtisintendedforsingle-familyuseswithaminimumlotwidthof 60feet,aminimumlotdepthof80feet,andaminimumlotsizeof10,000squarefeet.Forsubdivisionsover2 acres,amaximumdensityof3.5dwellingunitsperacrecanbesubstitutedforminimumlotdimensions. Duplexesarenotpermitted;however,AttachedSingle-FamilyDwellings,AccessoryDwellingUnits,Daycares andElementarySchoolsarepermittedwithaSpecificUsePermit(SUP).Parks,openspace,andreligious institutions are permitted by right. A schedule of permitted uses is attached for reference. SURROUNDING ZONING AND LAND USES: North:PropertiestothenortharezonedNR-3Districtandaredevelopedwithsinglefamilydwellingswithan average density of 3.9 dwelling units per acre. East:PropertiesimmediatelytotheeastarezonedNR-6Districtanddevelopedwithfour-plexes.Property furthereastiszonedNeighborhoodResidentialMixedUse12(NRMU-12)Districtanddevelopedwith multi-family dwellings. South:PropertiestothesouthacrossEastWindsorDrivearezonedNeighborhoodResidential2(NR-2) District and NR-6 District and developed with a school and 4-plex multi-family dwellings. West:PropertiestothewestarezonedNR-3Districtandisdevelopedwithsinglefamilydwellings.Furtherto the east, properties are zoned NR-6 District and developed with duplexes. COMPATABILITY OF REQUEST WITH SURROUNDING ZONING AND LAND USES: ThepurposeoftheNeighborhoodResidentiallandusedesignationistopreserveandprotectexisting neighborhoodsandtoensurethatanynewdevelopmentiscompatiblewithexistinglanduses,patterns,and design standards. TheproposedNR-6Districtisintendedforsingle-familyuseswithaminimumlotwidthof50feet,aminimum lotdepthof80feet,andaminimumlotsizeof6,000squarefeet.Forsubdivisionsover2acres,amaximum densityof6dwellingunitsperacrecanbesubstitutedforminimumlotdimensions.Single-familyDwellings, AttachedSingle-FamilyDwellings,andDuplexesarepermittedbyright.AccessoryDwellingUnits,Daycares, ElementarySchools,andElderlyHousingarepermittedwithaSpecificUsePermit(SUP).Parks,openspace, and religious institutions are permitted by right. A schedule of permitted uses is attached for reference. ThelocationofthesubjectpropertyatthenortheastcornerofNorthBellAvenueandEastWindsorDrive createsagatewayandphysicalpresencetotheexisting,establishedsingle-familyneighborhood,whichhasan approximatedensityof3.9dwellingunitsperacreandisbuiltout.Assuch,theadditionallandusesand increaseindensityassociatedwithNR-6Districtcoulddiminishtheintegrityoftheneighborhoodand introduce a new land development pattern at the block level, potentially creating incompatibility. COMPREHENSIVE PLAN: PertheFutureLandUseMapinDentonPlan2030,thesubjectpropertyisdesignatedasLowDensity Residential.LowDensityResidentialincludespredominatelysingle-familyneighborhoods,withlotsizes rangingfromoneacreormoreinruralfringeareasuptofourunitsperacregrossdensitythroughoutmanyof theCity’ssuburbansubdivisions.TheproposedNR-6Districtdoesnotconformtothisdesignation,asthe maximumdensityforNR-6Districtexceedsfourdwellingunitsperacre.Furthermore,developmentcriteriafor LowDensityResidentialLandUsestatesthatwithinestablishedresidentialareas,newdevelopmentshould respondtoexistingdevelopmentpatternsanddesignstandards.ThedevelopmentpatternassociatedwithNR-6 Districtdoesnotcorrespondwiththeexistingdevelopmentpatternandintroducesdenserdevelopmentwithin an established single-family residential neighborhood. CONSIDERATIONS: City of DentonPage 2 of 5Printed on 5/6/2016 powered by Legistar© File #:Z16-0003,Version:1 1.The applicant is requesting a zoning change from NR-3 District to NR-6 District and has indicated that the site would be developed with two duplexes on two lots, totaling four units. 2.TheproposedrezoningdoesnotconformtotheFutureLandUsedesignationoftheDentonPlan 2030.LowDensityResidentialencouragessuburban-typesingle-familydevelopmentwitheither large lots or clustered homes and preserved open space for up to four dwelling units per acre. Furthermore,NR-6Districtpermitsavarietyofhousingtypes,includingduplexesandsingle-family attacheddwellingson6,000square-footlots(6dwellingunitperacreinsubdivisionsover2acres), and; therefore, does not meet the intent of Low Density Residential. 3.Per Section 35.3.4.B of the DDC, the following criteria for approval shall be considered for a rezoning request: a.The proposed rezoning conforms to the Future Land Use element of the Denton Plan 2030 b.The proposed rezoning facilitates the adequate provision of transportation, water, sewers, schools, parks, and other public requirements and public convenience. 4.However,asinthiscase,whentheproposedrezoningdoesnotconformtotheFutureLandUse elementintheDentonPlan2030,perSection35.3.3.B.3,therequestisbefurtherevaluatedunder thefollowingfactorstobalancetheinterestinpromotingthepublichealth,safety,morals,orgeneral welfare against the right to the use of the property in issue: a.The existing land use pattern surrounding the property and the possible impact on existing or future development or uses that are in accordance with existing regulations; Theanalysisoftherequestconsiderednotonlythecontextofthesurroundingarea,which includesavarietyofuses,housingtypes,anddensities,butalsofocusedontheeffectofthe proposedzoningdistrictattheblocklevel.Nearbydevelopmentcomprisesofduplexesand four-plexes;however,theseusesareseparatedfromthesubjectpropertywithavarietyof physicalmechanisms,includingamaturetreeline,analley,andanarterialroad(East WindsorDrive).Thesubjectpropertyservesasagatewayforanestablishedsingle-family neighborhoodthathasazoningdesignationofNR-3andanaveragedensityof3.9dwelling unitsperacre.Thisneighborhoodofsingle-familydwellings,particularlythoseacrossNorth BellAvenueandnexttothesubjectproperty,demonstratethatinspiteofthesurrounding densities,theblock-levelandneighborhooddevelopmentisconsistentwiththeexistingNR-3 Districtzoning,bothinuseanddensity.Inthefinalanalysis,Staffaimedtobalancetheneed forinfilldevelopmentwiththeprotectionofexistingneighborhoods.TheintroductionofNR- 6District’ssmallerlots,higherdensity,andnewlandusesisnotcomplementarywiththe nearbypropertiesandzoning,asitcouldpotentiallyaltertheexistingthelandusepattern within a low-density, single-family neighborhood. b.The possible creation of an isolated district unrelated to adjacent and nearby districts; DuetotheadjacentNR-6District,theproposedrezoningdoesnotcreateanisolatedzoning district;however,theintroductionofahigherdensityzoningdistrictandnewresidential usesonthesubjectpropertycouldestablishanewdevelopmentandcharacterinan established single-family neighborhood. c.Thepopulationdensityinordertofacilitatetheadequateprovisionoftransportation, water, sewer, schools, parks, public convenience, and other public requirements; Therequestwouldnotsubstantiallyimpacttheprovisionofpublicinfrastructureandother public requirements. d.ThecosttotheCityandothergovernmentalentitiesinproviding,improving,increasing or maintaining public utilities, schools, streets and other public safety measures. The request would not substantially impact the cost to the City in providing services. City of DentonPage 3 of 5Printed on 5/6/2016 powered by Legistar© File #:Z16-0003,Version:1 e.Thepossibleimpactontheenvironment,includingbutnotlimitedto,drainage,soil erosion and sedimentation, flooding, air quality and water quantity; The request would not substantially impact the environment. f.Whethertherearesubstantialreasonswhythepropertycannotbeusedinaccordance with existing zoning or that proposed by the Future Land Use Map; and Thesubjectpropertycouldbedevelopedwithsingle-familyhomeswhichmeettheNR-3 District and Site Design requirements outlined in the DDC. g.Theactionshallbemadewithreasonableconsiderationofthecharacterofthedistrict anditspeculiarsuitabilityforparticularuses,andwithaviewofconservingthevalueof buildings and encouraging the most appropriate use of land throughout the City Althoughtheoriginalconceptforthesurroundingareaincludedamixofhousingtypesand densities,theneighborhoodthatthesubjectpropertyissituatedinwaseventuallyzonedand developedwithalow-density,single-familycharacter.Theproposedrezoningwouldnot conformtotheexistingcharacterofitsneighborhoodandwouldintroduceanewhousing type within an established single-family block. STAFF RECOMMENDATION: Staffrecommendsdenialoftherequestasitisincompatiblewiththeadjacentdevelopedpropertiesandis inconsistent with the goals and objectives of the Denton Plan 2030, in particular: 1.ThepermitteddensityinNR-6DistrictdoesnotconformtotheFutureLandUsedesignationof LowDensityResidential,whichrequiresamaximumdensityoffourdwellingunitsperacreand development patterns consistent with existing neighborhoods. 2.ThemaximumdensityandexpandedresidentialusesinNR-6Districtwouldnotbe complementary to the existing adjacent NR-3 District and established single-family neighborhood. OPTIONS: 1. Recommend approval as submitted. 2. Recommend approval subject to conditions. 3. Recommend denial. 4. Table the item. PUBLIC NOTIFICATION: Tocomplywiththepublichearingnoticerequirements,24noticesweresenttopropertyownerswithin200feet ofthesubjectproperty,96courtesynoticesweresenttophysicaladdresseswithin500feetofthesubject property,anoticewaspublishedintheDentonRecordChronicle,andsignswereplacedontheproperty.The applicant also held a neighborhood meeting that was attended by two people. PROJECT TIMELINE: Application Received:March 10, 2016 st 1 Submittal Sent to DRC Members:March 10, 2016 Comments Released to Applicant:March 24, 2016 DRC Meeting with Staff:None Business Days under DRC Review:10 Business Day out to Applicant:0 Total Business Days:10 EXHIBITS: City of DentonPage 4 of 5Printed on 5/6/2016 powered by Legistar© File #:Z16-0003,Version:1 Aerial Map Zoning Map Future Land Use Map Permitted Uses in Neighborhood Residential 3 Permitted Uses in Neighborhood Residential 6 Notification Map Respectfully submitted: Munal Mauladad Deputy Director, Development Services Prepared by: Julie Wyatt Senior Planner City of DentonPage 5 of 5Printed on 5/6/2016 powered by Legistar© Z16-0003 Site Location 04080160 Feet SITE µ Parcels Roads 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 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 possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Z16-0003 Zoning Map NR-6 NR-3 NRMU-12 NR-2 NR-4 04080160 Feet SITENR-2NR-6 µ NR-3NRMU-12 Parcels NR-4 Roads 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 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 possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Neighborhood Residential 3 Permitted Uses RESIDENTIAL: PAgriculture,Single-family Dwellings,Community Homes for the Disabled L(1), SUPAccessory Dwelling Units L(7)Livestock SUPAttached Single-family Dwellings COMMERCIAL: PHome Occupation,Outdoor Recreation L(38)Temporary Uses INDUSTRIAL: L(27), SUPGas Wells INSTITUTIONAL: PParks and Open Space, Churches L(25)Basic Utilities SUPSemi-Public Halls, Clubs, and Lodges, Adult or Child Day Care, Kindergarten, Elementary Schools, WECS P = Permitted, L(#) = Permitted with a Limitation, SUP = Specific Use Permit LIMITATIONS: L(1) Subject to the following criteria: 1.The proposal must conform with the overall maximum lot coverage and setbacks requirements of the underlying zone. 2.The maximum number of accessory dwelling units shall not exceed one per lot. 3.The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, and shall not exceed 1,000 square feet GHFA unless the lot meets the requirements of L(1).5. 4.One additional parking space shall be provided that conforms to the off-street parking provisions of the DDC. 5.The maximum GHFA of the accessory residential structure shall not exceed 50%of the GHFA of the primary residence on the lot, where the lot size is equal to or greater than 10 acres in size. An SUP is not required for such an accessory residential structure where the lot size is equal to or greater than 10 acres. L(7) Limited to two animals on parcels one to three acres in size. Additional animals may be added at a rate of one per each acre over three acres. L(25) If proposed use is within 200 feet of a residential zone, approval is subject to an SUP. L(27) Must comply with the provisions of Subchapter 22, Gas Well Drilling and Production L(38) Must meet the requirements of Section 35.12.9. Neighborhood Residential 6 Permitted Uses RESIDENTIAL: PAgriculture,Single-family Dwellings,Attached Single-family Dwellings, Duplexes,Community Homes for the Disabled L(1), SUPAccessory Dwelling Units L(7)Livestock L(16)Live/Work Units SUPManufactured Housing Developments COMMERCIAL: PHome Occupation, Outdoor Recreation L(38)Temporary Uses INDUSTRIAL: L(27), SUPGas Wells INSTITUTIONAL: PParks and Open Space, Churches L(25)Basic Utilities SUPSemi-Public Halls, Clubs, andLodges, Adult or Child Day Care, Kindergarten, Elementary Schools, Elderly Housing, WECS P = Permitted, L(#) = Permitted with a Limitation, SUP = Specific Use Permit LIMITATIONS: L(1) Subject to the following criteria: 1.The proposal must conform with the overall maximum lot coverage and setbacks requirements of the underlying zone. 2.The maximum number of accessory dwelling units shall not exceed one per lot. 3.The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, and shall not exceed 1,000 square feet GHFA unless the lot meets the requirements of L(1).5. 4.One additional parking space shall be provided that conforms to the off-street parking provisions of the DDC. 5.The maximum GHFA of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, where the lot size is equal to or greater than 10 acres in size. An SUP is not required for such an accessory residential structure where the lot size is equal to or greater than 10 acres. L(7) Limited to two animals on parcels one to three acres in size. Additional animals may be added at a rate of one per each acre over three acres. L(16) Uses are limited to no more than 1,500 square feet of gross floor area per lot. L(25) If proposed use is within 200 feet of a residential zone, approval is subject to an SUP. L(27) Must comply with the provisions of Subchapter 22, Gas Well Drilling and Production L(38) Must meet the requirements of Section 35.12.9. Z16-0003 Notification Map 200ft Buffer 500ft Buffer 075150300 Feet SITE µ Parcels Roads 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 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 possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. 3. PUBLIC HEARINGS A. Hold a public hearing and consider making a recommendation to City Council regarding a rezoning request from Neighborhood Residential 3 (NR-3) District to Neighborhood Residential 6 (NR-6) District on approximately 0.6 acres, located on the northeast corner of North Bell Avenue and East Windsor Drive. (Z16-0003, Bell Avenue Duplex, Julie Wyatt) Chair Strange opened the Public Hearing. Applicant, Yolanda Vorel, 2201 Geneva Circle, Denton, Texas, provided the presentation for this request. Vorel provided a map identifying the percentages of multi-family development within the area of the subject site. She provided a plan which identified the proposed building layout and amenities. input on the traffic would provide much of a traffic impact in the area. Julie Wyatt, Associate Planner, provided the staff summary for this request. She stated Neighborhood Residential-6 (NR-6) District does not conform to the Future Land Use designation of Low Density Residential. The maximum density and expanded residential uses in NR-6 District would not be complementary to the existing adjacent NR-3 District and established single-family neighborhood. Wyatt stated staff recommends denial of this request. Commissioner Briggle questioned if this Commission has any impact on the lot layout to minimize the visual impact. She questioned if a site plan would be provided in the future. Wyatt stated a site plan would not be provided unless the request did not meet the requirements of Subchapter 13 of the Denton Development Code. Commissioner Taylor questioned the width of the lot. Wyatt stated it is approximately 180 feet wide. Commissioner Taylor questioned if the applicant chose to develop townhomes the site would allow for three 50 foot wide developments. Wyatt confirmed. The following individuals spoke during the Public Hearing: Emily McClendon, 3108 N. Bell Avenue, Denton, Texas. McClendon spoke in opposition of this request. She would like to see the neighborhood kept as single-family residence. Tim Beaty, property owner, 2409 Blackjack Road, Aubrey, Texas. Beaty stated he has owned the subject site for approximately 10 years. He stated he understands the concerns of the neighbors. He stated a majority of the traffic in the area is commuters rather than residents. Chair Strange read two (2) emails into the record received from citizens in opposition. Nona McCaleb, 3113 N. Bell Avenue, Denton, Texas. Opposed to this request. Weldon Church, 3136 Lido Way, Denton, Texas. Opposed to this request. Commissioner Rozell questioned if Beaty has considered replatting the site to be more conducive for single-family development. Beaty stated this site is a problem site, it would be too small for three (3) single-family homes. Commissioner Rozell questioned the length of the tenant lease. Beaty stated they have not gotten that far into the process, however, they would be a minimum of a one (1) year lease. There was no one else to speak. Chair Strange closed the Public Hearing. Commissioner Hudspeth stated the current zoning of Neighborhood Residential-3 would allow for community homes for disabled, he questioned the appearance of those homes. Wyatt stated they would be developed like a standard single-family residence. Commissioner Briggle stated she is in favor of infill development, however there are clear barriers where single-family residential and multi-family development should be located. She stated she cannot support this request. Commissioner Briggle motioned for denial of this request. Commissioner Hudspeth stated the property owner is vested in Denton, which is good accountability for this project. Chair Strange stated the street renderings of the site with a shared driveway give it the appearance of a single-family development. He stated he cannot support the motion to deny this request. Commissioner Taylor stated there is a lot of moderate density in the area. There has been single- family development here for years. He stated he feels this is a cohesive single-family residential area. He stated although there are duplexes in the area, he will support the motion to deny this request. Commissioner Amber Briggle motioned, Commissioner Devin Taylor seconded to deny this request. Motion denied (2-4). Commissioner Devin Taylor "aye", and Commissioner Amber Briggle "aye". Chair Jim Strange "nay", Commissioner Larry Beck "nay", Commissioner Gerard Hudspeth "nay", and Commissioner Andrew Rozell "nay". Commissioner Andrew Rozell motioned, Commissioner Larry Beck seconded to approve this request. Motion carried (4-2). Chair Jim Strange "aye", Commissioner Larry Beck "aye", Commissioner Gerard Hudspeth "aye", and Commissioner Andrew Rozell "aye". Commissioner Devin Taylor "nay", and Commissioner Amber Briggle "nay". City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-661,Version:1 Agenda Information Sheet SUBJECT William Jones regarding trespassing by Code Enforcement and Environmental Services personnel. City of DentonPage 1 of 1Printed on 6/3/2016 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-629,Version:1 Agenda Information Sheet SUBJECT WillieHudspethregardingthelackofhiringblackfirefighters,theethicsordinance,andthehiringofacity auditor. City of DentonPage 1 of 1Printed on 6/3/2016 powered by Legistar©