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2016-08-16 Agenda with Backup
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CE4BLQ^!LFU4LBE,!L\[!BEl_EA E,!4 !dE4A !T`!CP_BA!LQ!4,h4Q"E!P\[! CE! A"CE,_dE,!FEE LQ^<!!UdE4AE!"4dd! CE!"L \\!AE"BE 4B\\rA!P\[\[L"E!4 !;TXR`;9X!PB! _AE! EdE"PFF_QL"4 LPQA!,EhL"EA!\[PB! CE!,E4\[!M ,,N!V\\!"4ddLQ^!6R`99 RBEd4\\R i!AP! C4 !4!AL^Q!d4Q^_4^E!LQ EBUBE EB!"4Q!VE!A"CE,_dE,! CBP_^C! CE!"L \\!AE"BE 4B\\WA!P\[\[L"E< +, -)./)0#$ .$' (#)*:)'1,$ #2).$)34*5456*7 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-974,Version:1 Agenda Information Sheet DEPARTMENT:Development Services/Economic Development Division CM/ ACM:Jon Fortune Date:August 16, 2016 SUBJECT Receive a report, hold a discussion, and give staff direction regarding Ordinance No. 2015-074, relating to the Economic Development Partnership Board and its members’ qualifications and tenure. BACKGROUND The City of Denton and Denton Chamber of Commerce first entered into an economic development partnership agreement in 1986. At that time, the City initially created its Office of Economic Development, and the Denton Chamber created the position of Vice President for Economic Development. Since then, the City has funded the operating budget of the Chamber’s economic development program from both General Fund and Utility Fund, and the Chamber solicits private sector funding to support other activities. In 2003, an economic development retreat was held; it was facilitated by TIP Strategies and included representatives from the City, Chamber, University of North Texas, Texas Woman’s University, North Central Texas College, Denton Independent School District, and Denton County. A commitment to proactive economic development and a financial partnership resulted from that meeting, and one of TIP’s recommendations was forming a board to oversee economic development activities - thus the creation of the Economic Development Partnership (EDP) Board. TIP’s recommendations were reported to City Council at the May 20, 2003, meeting. The Council adopted the ordinance creating the EDP Board in August 2003 and appointed its charter members in September. The first meeting of the EDP Board took place in October 2003. The original ordinance (2003-258) established the EDP Board with seven voting members (two City Council members, two Chamber Board of Directors members, two members from the top 20 City of Denton ad valorem or sales tax payers, and the President of UNT) and the Denton City Manager and Chamber President as ex- officio members. It has been amended three times: 2011-042 - added two members, one with general aviation knowledge or experience and an at-large position with specific knowledge, skills, and abilities to assist in the functions and responsibilities of the board; 2014-009 - added the Denton Independent School District Superintendent as an ad-hoc non-voting member; 2015-074 - added two members, one nominated by the Denton Black Chamber of Commerce and one nominated by the Denton Hispanic Chamber of Commerce. The EDP Board now has 11 voting and three non-voting members. All voting members except the President of City of DentonPage 1 of 2Printed on 8/12/2016 powered by Legistar© File #:ID 16-974,Version:1 UNT can serve up to three two-year terms; the President of UNT can serve unlimited terms but must be re- nominated upon the expiration of each two-year term. Since the adoption of the original ordinance, both City Council and Chamber Board appointees to the EDP Board may serve out all three terms even if they are no longer members of the City Council or Chamber Board after their original appointment, as long as they continuously serve throughout the three terms. During its July 2016 meeting, the EDP Board voted unanimously to add a seat to the Board for the Texas Woman’s University President and Chancellor under the same terms of service as the President of the University of North Texas. This will require an amendment to the ordinance, which will be brought to Council at a future date. 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:3.1 Develop targeted policies and incentives to achieve desired economic growth EXHIBITS Exhibit 1 - Ordinance No. 2003-258 Exhibit 2 - Ordinance No. 2011-042 Exhibit 3 - Ordinance No. 2014-009 Exhibit 4 - Ordinance No. 2015-074 Exhibit 5 - Presentation Respectfully submitted: Aimee Bissett Director of Development Services Prepared by: Caroline Booth Assistant Director for Economic Development City of DentonPage 2 of 2Printed on 8/12/2016 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-990,Version:1 AGENDA INFORMATION SHEET DEPARTMENT:Department of Development Services ACM:Jon Fortune DATE:August 16, 2016 SUBJECT Receiveareport,holdadiscussionandprovidestaffdirectionregardingthePlanningandZoningCommission Rezoning Subcommittee. BACKGROUND OnOctober21,2015,thePlanningandZoningCommissionnominatedandappointedthreemembersofthe PlanningandZoningCommissiontotheRezoningSubcommittee.ThecurrentmembersareDevinTaylor (chair),FrankDudowicz(vicechair),andAndrewRozell.TheprimaryroleofthisRezoningSubcommitteeis toreceivereports,holddiscussionsandmakerecommendationstothePlanningandZoningCommission regardingtheproposedrezonings.ThePlanningandZoningCommissionwouldthenforwardtheir recommendations to the City Council for consideration. OnMarch2,2016,thePlanningandZoningCommissionRezoningSubcommitteehelditsfirstmeeting.The RezoningSubcommitteewascreatedtoassistinthecityinitiatedrezoningsfortworeasons.Thefirstreasonis toimplementthePoliciesandActionsoftheDentonPlan2030.SpecificallyPolicy2.2andActions2.2.1, 2.2.2, and 2.2.3. 2.2 Utilize the FLUM (Future Land Use Map) to guide all development review and re-zoning actions within the plan horizon. 2.2.1 Revise procedures for re-zoning decisions to require consistency with the FLUM. 2.2.2 Revise zoning districts for consistency with future land use designations. 2.2.3 Revise the Zoning Map for consistency with the Future Land Use Map. Involve the affected property owners and general public in this effort. Property owners will be properly notified before any action is taken. WhentheCityCounciladoptedtheDentonPlan2030inFebruary2016,italsoadoptedtheFutureLandUse Map(FLUM).PerSubsection211.004oftheTexasLocalGovernmentCode,zoningregulationsmustbein accordancewiththemunicipality’scomprehensiveplan.Tocomplywiththisrequirement,thePlanning DivisionreviewedtheCity’sexistingZoningDistrictdesignationsandZoningMapandcompareditagainstthe FutureLandUsedesignationsandFLUM.Asaresultofthisreview,staffhasnotedseveralinconsistencies City of DentonPage 1 of 3Printed on 8/12/2016 powered by Legistar© File #:ID 16-990,Version:1 andisproposingcityinitiatedrezoningstoensureconsistencywiththeFLUMintermsofpotentiallanduses, intensity, character and overall development. ThesecondreasontheRezoningSubcommitteewascreatedwastobeproactivewhenconsideringrezoningand initialzoningrequestsinaspecificarea.Inthepast,thePlanningandZoningCommissionwouldconsidera rezoningrequestforasinglepropertyandthencomebackinafuturemeetingandconsiderarezoningrequest foranotherpropertythatisimmediatelyabuttingorincloseproximityoftheinitialproperty.Thepastrequests werealwaysappliedforbypropertyownersandwhenstaffrecommendedthatalargerareabeincludedinthe rezoningorinitialzoningrequest,thesurroundingpropertyownerswerenotalwayspreparedtoparticipate. Mostofthetimetherequestwouldmoveforwardwiththeinitialpropertybecauseoftheirtimeline.Withthe implementationoftheLongRangePlanningSection,thereisnowadedicatedteamtobemoreproactivein identifyinginconsistenciesinzoningdesignationsandtoworkcloselywithpropertyownerstocooperatively rezone or zone their properties concurrently. InanefforttoensureconsistencywiththeFLUMandtoproactivelyworkwithpropertyowners,theLong RangePlanningteamhasdevelopedacriteriaforidentifyingpropertiesforproposecityinitiatedrezonings. The criteria for identifying properties for city initiated rezonings are as follows: 1.PropertiesthatareinconsistentwiththeFutureLandUseMap.TheFutureLandUseMapisan importantcomponentoftheLandUseElementandservesasaguideinmakingdevelopmentand rezoning decisions. 2.Propertiesthatwereincorrectlyzonedin2002.Anexampleiswhereanestablishedresidential community was zoned for non-residential uses (e.g. EC-C or EC-I). 3.Properties that were annexed into the City and were never zoned (i.e. RD-5X). 4.Propertiesthatneedtoberezonedduetounforeseencircumstances.Areaswheretherehasbeena significantchangeofaphysicalnaturewhichwasnotanticipatedwhenthepropertywaszonedin2002. An example is where a new roadway is constructed or widened. 5.Propertiesthatneedtoberezonedduetoplanningforamajorpublicfacility,amajorsourceof employment, or an economic development opportunity. 6.Properties that need to be rezoned as recommended by a Small Area Plan or Corridor Plan. 7.Properties that need to be rezoned to protect environmentally sensitive areas. SincetheirfirstmeetinginMarch,thePlanningandZoningCommissionRezoningSubcommitteehasmet severaltimesandhasrecommendedapprovaltothreeproposedcityinitiatedrezonings.Attachedforyour review are the staff reports associated with the proposed rezonings. OPTIONS 1.DirectstafftoproceedwithholdingPlanningandZoningCommissionRezoningSubcommittee meetings. 2.DirectstafftodiscontinueholdingPlanningandZoningCommissionRezoningSubcommittee meetings. 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: City of DentonPage 2 of 3Printed on 8/12/2016 powered by Legistar© File #:ID 16-990,Version:1 Related Key Focus Area:Economic Development Related Goal:3.4 Encourage development, redevelopment, recruitment, and retention EXHIBITS 1.Future Land Use Map 2.Future Land Use Designation Descriptions 3.Zoning Map 4.Zoning District Descriptions 5.Rezoning Subcommittee Staff Report #1 6.Rezoning Subcommittee Staff Report #2 7.Rezoning Subcommittee Staff Report #3 Respectfully submitted: Aimee Bissett Director of Development Services Prepared by: Ron Menguita, AICP Long Range Planning Administrator City of DentonPage 3 of 3Printed on 8/12/2016 powered by Legistar© FUTURE LAND USE MAP See North Denton Lake Ray Roberts Sanger Area Inset Rural North Denton Area Aubrey Inset 2164 ") I35 §¦¨ 428 ") Parks / Open Space Krum Commercial FM 1173 77 288 £ ¤ ! ( Business Innovation 288 2164 ! ( " ) 428 380 " ) 77 £ ¤ £ ¤ 380 University Transition £ ¤ 380 £ ¤ I35 § ¨¦ Downtown 426 " ) Rural Lake Industrial Commerce Lewisville Downtown Transition I35E §¦¨ 1515 77 ") 377 £ ¤ £ ¤ Institutional I35W 426 § ¨¦ 288 " ) ! ( Regional Mixed Use Government Neighborhood Mixed Use I35E §¦¨ Community Mixed Use 2449 " ) Shady Shores I35W 377 § ¨¦ £ ¤ Mod Residential Low Residential 1830 ") 2181 " ) I35E § ¨¦ Corinth I35W §¦¨ High Residential FM 2181 Northlake Argyle Hickory Creek Lake Lewisville Copper Canyon Highland Village Source: City of Denton, November 3, 2014 Legend Ordinance No: 2015-026 Future Land Use DesignationsNon-Residential Major RoadsDowntown Compatibility Area Residential Commercial Future RoadwayRegional Mixed-Use Rural Areas Industrial Commerce Proposed Lakeview - Post Oak Community Mixed-Use Low Residential Government / Institutional Municipal Boundary Neighborhood Mixed-Use Moderate Residential Parks / Open Space Surrounding Municipalities Neighborhood / University Compatibility Area Mixed Use ETJ Business Innovation Downtown Denton 00.512 Miles MPC Boundary ¯ DevelopmentServicesDepartment 221N.ElmStreet,Denton,TX76201 *Phone(940)3498541*FAX(940)3497707 FutureLandUseDesignations RuralAreas(1unitper5acres) Thiscategoryincludesfarmsandranchesasthepredominantusealongwith rural(verylowdensity) residentialandruralcommercial includingfeedstores,farmequipment,etc.Thislandusemayallow lots assmallasoneacreunderthegrossdensityprovisiontoallowforconservationdevelopment which clusterssmallerlotswhilepermanentlyprotectingscenicruralopenspace.Thislandusemayalsoinclude singlefamilyhomesonlargelots,whichissuitedforareasontheperipheryofthecitythatcomplement amoresuburbantypeofdevelopment.Developmentinthisfuturelandusecategorywillcontinuethe presentcharacteroftheruralareasofDentonwith lowprofilehomes ofnogreaterthantwostories, generouslotsandsetbacks,and materialsthatcomplementthenaturalsurroundingsandranch heritage. ResidentialΑLowDensity(upto4dwellingunitsperacre) ThiscategoryincludestheĭźƷǤƭpredominantly singlefamilyneighborhoods,withlotsizesranging from 1(one)acreormoreinruralfringeareasuptofourunitsperacre grossdensitythroughoutmanyofthe ĭźƷǤƭsuburbansubdivisions.Dwellingsinthislandusedistrictaregenerally onetotwostorieswith privatedrivewaysandopenspace,consistingofprivatelymaintainedtreecanopyandfront,backand sideyards.Buildinganddrivewayorientation,thelocationsofprivategarages,buildingmaterial,andthe presenceofsidewalksvarybyneighborhoodandtheeraofneighborhooddevelopment.Generallythese typesofsinglefamilyneighborhoodsaredevelopedas distinctsubdivisions thatarelinkedbyinternal circulationsystemswith limitedaccesstolocalandconnectorroads. ResidentialΑModerateDensity(412dwellingunitsperacre) Thiscategoryaccommodates singlefamilydetachedhousingonsmalllots,typicalof5ĻƓƷƚƓƭmore compact,establishedsinglefamilyneighborhoods and lowrisemultifamilydwellingsandtownhomes. Thislanduseappliestoareas withinthecentralareasofDentonandtransitionareas between establishedsinglefamilyneighborhoodsandmixeduseorcommercialareasthatcanaccommodate greaterdensity,oradjacenttokeycorridors.Dwellingsinthisfuturelandusecategory varyinscaleand style andmaycontainagreatdealofdiversitybyeachstreetandblock.Mostareasarecharacterizedby rectilinearlotswithmodestfrontyards.Moststreetsarelinedbysidewalks,butthisisnotprevailing throughout.Developmentislinkedbylocalstreetsandismostcommonly accessedbymultiple intersectionsandpointsofaccess.Whilethelanduseprimarilyincludessinglefamilydwellings,multi familydwellings,andtownhomesmaybelocatedinthislanduseaswell.Whilethequalityofmultifamily dwellingsandtownhomescurrentlyvaries,inthecaseoffuture infilldevelopment,theyshould maintain ascale,style,andbuildingorientation inorderto complementtheprevailingcharacter ofits surroundings. Page1 DowntownDenton Thisdesignationallowsfor moderateandhighdensityresidential,commercial,office,entertainment, andotherusesexceptindustrial,tailoredtoencourageagreaterlevelof activityinDowntown,while protectingthescaleandstrengtheningthecharacterofDowntown and5ĻƓƷƚƓƭhistoriccore. DowntownDentonisfocusedonthe blockssurroundingtheSquare andwillincludedevelopmentthat complementsandisorientedtothishistoricgridpatternofthisarea.AsDowntownDentonis characterizedbyaparticularscaleandcharacter,itisimportantthatthisbemaintainedinfuture development.However,as theculturalheartofDenton,itisalsoappropriatetoallowfora varietyof usesthatcanhelpfostertheeconomicviability andevolutionofDowntowntoservetheĭƚƒƒǒƓźƷǤƭ currentpreferencesandneeds.AssignificantinfillopportunitiesexistinDowntown,developmentis encouraged. DowntownCompatibilityArea Thisdesignationappliesto residentialandcommercialareasadjacenttotheDowntowncore thatare affectedbytheirproximitytoDowntown.Thisdesignationservestocreate compatibleformandusesfor theareasthatservetostrengthenboththeDowntownandadjacentneighborhoods.Developmentin thisareacurrentlyisamixofcommercial,residentialandsomeindustrialuses.Duetoalackofoverriding character,achievingadistinctivecharacterinthisareaisagoal ratherthananattributetomaintain. Significant infillopportunities existinthisarea,and developmentisencouraged tohelpfillinandsoften thistransitionareabetweenDowntownandadjacentresidentialneighborhoods. RegionalMixeduse Thisdesignationappliesto areasthatserveasregionaldestinations withinDenton.Developmentmay include moderateandhighdensityresidential,commercial,office,entertainmentandotheruses except industrial,atthe highestlevelsofscaleanddensity withinthecity.Uniquedevelopmentstandardsare proposedtocreatethe walkableurbancharacter and dayandnighttimeactivity ofanurbancenter. Majormedicalandhealthcareinstitutionsandtheareasofinfluencearoundthemareincludedinthis futurelandusedesignation.Thisdesignationislocatedprimarily alongI35interchangesandalong primaryarterials toencouragethegreatestregionalaccessibility.FuturedevelopmentinRegionalMixed useareaswill complementandembraceexisting,viableuses,andraisethestandardofdesigntoincrease theirregionaldraw,accommodategreater connectivity andmobilityoptions,andcreatea senseofplace. FocusareasintheRegionalMixedusecategorymaybethesubjectofSmallAreaPlans. Page2 CommunityMixeduse Thisdesignationisintendedto promoteamixofuses,ofwhichvarious commercialusesremain predominant,butwhere residential,service,andotherusesarecomplementary.Thislanduseapplies toexistingandfuturecommercialareasinthecity,whereredevelopmenttomixeduseisdesirable.The intentisto encourageinfillandredevelopment foramorediverseandattractivemixofusesovertime. Examplesincluderesidentialunitsovercommercialusesorawiderarrayofeconomicallyviableusesto replaceobsoleteuses suchasformercarsaleslotsandvacatedbigboxstores.Suchareasalsomay representopportunitiesfortheintroductionof higherdensityandmixedhousingtypes,without impacting,nearbysinglefamilyneighborhoods.FuturedevelopmentinCommunityMixeduseareaswill complementandembraceexisting,viableuses,andraisethestandardofdesigntoincreasetheir economicviability,accommodategreater connectivity andmobilityoptions,andcreatea senseofplace toservethelocal community.FocusareasintheCommunityMixedusecategorymaybethesubjectof SmallAreaPlans. NeighborhoodMixedUse Thisdesignationappliestoneighborhoodsordistrictswherethe predominantuseisresidential,butwith a mixofcompatiblehousingtypesanddensities alongwith localserving,nonresidentialretailand serviceuses.Suchusemixesaretypicallyfoundinestablished neighborhoodsintheĭźƷǤƭcore that accommodatelocalservices.Thisdesignationisalsoappliedinareasoffuturedevelopmentsuited primarilytosinglefamilydevelopment,butwhereneighborhoodservingretailandservicesarecriticalto achievingbalanced,accessibleneighborhoods.Attheselocations,adiversemixofhousingtypesand densitiesmayalsobeaccommodated.Ensuringthatbuildingsareofthe appropriatescaleandintensity tocomplementthesurroundingneighborhoodandenvironmentiscritical.Futuredevelopmentin NeighborhoodMixeduseareaswill complementandembraceexisting,viableuses,andraisethe standardofdesigntoincrease connectivity andmobilityoptions,andcreatea senseofplace toservethe neighborhood.FocusareasintheNeighborhoodMixedusecategorymaybethesubjectofSmallArea Plans. BusinessInnovation Thisdesignationisintendedfor largetractsofland thatareappropriateforwellplanned,largerscale officeandemploymentparks withsupportingusessuchas retail,hotels,andresidential.Primaryuses include office,researchanddevelopment,andlightmanufacturing.Theprimaryusesshouldbe developedina campuslikeorcorporateparksetting thatmayincludegenerous,linkedopenspaceto maximizevalueandtopromote visualqualityandcompatibility withthesurroundingarea.This designationisproposedthroughoutthecityinareasthatarein closeproximitytocommercialuseareas andemploymenthubs inthecity,sothatfuturedevelopmentmaybuildfromthisproximityandcreatea criticalmassfor economicdevelopment.The mixeduse natureoftheseareaswillensurethat employmentareaswillbebenefitfromcomplementaryretailandservicesthroughouttheday. Page3 Neighborhood/UniversityCompatibilityArea Thislandusedesignationappliesto residentialandcommercialareasadjacenttoUniversityofNorth Texas(UNT)andTexasƚƒğƓƭUniversity(TWU)thatareaffectedbytheirproximitytotheuniversity. Currentlytheseareasarecharacterizedbyuniversitybuildingsabutting,inmanycases,singlefamily neighborhoods.Astheuniversitiesareprojectedtoincreaseinenrollment,whichwillrequireadditional facilitiesandstudenthousing,thisdesignationistocreate compatibleformandlandusesfortheareas thatserveboththeestablishedneighborhoodsandtheuniversities. Commercial Thisdesignationappliestoconcentrationsof commercialuses,including regional,community,and neighborhoodshopping centers.Suchpropertiesmaynotbeexpectedtoundergoredevelopmentora changeinuseoverthePlanhorizon,andtheimmediateareasinwhichtheyarelocatedmay notbe suitablefortheintroductionofmixeduses.Whilesomenewcommercialcentersareanticipated,in generalnewretailandcommercialserviceusesareencouragedwithinmorediversifiedmixeduse centers.Futurecommercialareasaremaintainedtoaccommodateexisting viablecommercialuses,as wellascommercialusesthatmaynotbeappropriatetobelocatedinamixeduseformat,suchas auto orienteduses,andstandalonecommercialuses toserveoutlyingareasofthecity. Government/Institutional Thisdesignationappliesto governmentownedland,universityandcollegecampuses,andsimilar largescaleinstitutionalactivitycenters.Developmentintheselanduseareasistypicallysubjectto particularguidelinesandtherefore outsideoftheoversightofdevelopmentreview.Itisimportant, however,that transitions toadjacentlandusesareconsideredinthedevelopmentoffuturegovernment andinstitutionalrelateduses.Inthecaseofuniversities,theseareaddressedwithintheNeighborhood/ UniversityCompatibilityAreafuturelandusedistrict.Coordinationonfuturedevelopmentwillensure thatthese landusesareappropriatelydesigned.Besidestheirfunctionindeliveringgovernmental service,governmentandinstitutionaluseincludestructurethatoftenbecome architecturalandvisual landmarks whichaddstotheĭƚƒƒǒƓźƷǤƭsenseofplaceandidentity.Consequentlydevelopmentof futuregovernmentalandinstitutionsusesshouldrecognizeprinciplesofplacemaking. IndustrialCommerce Thisdesignationappliestoareaswherethepredominantuseincludeboth lightandheavyindustrialuses, suchas manufacturing,assembly,fabrication,andwholesalinganddistribution maybeintroducedto replaceunderutilized,heavyindustrialuses orhousefutureindustrialdevelopment.Thisdesignationis locatedprimarilyw estofI35WneartheDentonMunicipalAirport.Itisimportantinfuturedevelopment that transitions toadjacentsensitivelandusesareconsidered. Page4 ParksandOpenSpace Thisdesignationappliestoexisting largescaleparksandprotectedopenspacesofcitywidesignificance whichareexpectedtoremainasopenspaceinperpetuity.TheseareillustratedonFigure5.1:Parks. Potentialfuturelargescaleparkacquisitions,aswellassmallerneighborhoodparksandrecreationaluses, arenotillustrated,astheymaybeincludedinavarietyoffuturelandusedistrictsasallowableuses.The Parks,Conservation,andEnvironmentElementcontainsguidelinespertainingtoparksandopenspaces. Page5 ZONING MAP CITY OF DENTON September 2014 Downtown Historical PR 6636 Landmark HAYNES Inset 2 32 22 North Craver PECAN 37 12 84 3814 34 1646 Ranch Area FM 428 North Craver 1 See Inset Ranch Area 753 36101193350 156 21 Inset 35 30 17 RC MILAM RD W 3 UV 26 UV HIGH MEADOWS DR SUNSET DR NUMBERDESIGNATIONOWNER NAMEADDRESSPROPERTY 1 H-1BOYD, RANDALL S.123 N ELM STR184774 2 H-4BARNETT, KATHLEEN S & WILLIAM K607 PEARL STR32640 3 H-5LAVENDER, LINDA609 W OAK STR30927 2 4 H-6RAMSEY, ANNETTA J & HUNT, RANDY A722 W OAK STR35610 UV SANTA FE TRL 5 H-7ROSS, JADIE-ANNE MCCLUNG705 W OAK STR30940 6 H-8VANN, JERRY DON811 W OAK STR30964 RD-5X 2164 7 H-9REIKOFSKI, ROGER D723 W OAK STR30946 ") 8 H-10PENNINGTON, MICHAEL D812 OAK STR35628 9 H-11 RISHEL, WALTER G & JOANN P1003 W OAK STR34996§¦¨ 10 H-12BOYD, RANDALL-ATTORNEY1023 W OAK STR35024 11 H-13SALE, RICHARD B, JR1015 W OAK STR35025 428 ") 12 H-14COCHRAN, MIKE & LINDA LAVENDER610 W OAK STR35548 13 H-151819 N BELL AVE 14 H-16BENNETT, JOHN G818 W OAK STR35623 15 H-17HAYES, RICHARD D819 W OAK STR30969 CRYSTAL LAKE AVE 16 H-18WATT, HOWARD E & MARGARET A1004 W OAK STR28657 MEADOW LN 17 H-19DIVERSIFIED CONCEPTS INC119 W HICKORYR32768 18 H-21MCNEILS218 N LOCUST ST 19 H-22OAKWOOD CEMETERY 20 H-23FICKEY FAMILY PROPERTIES, FLP1314 N LOCUST STR33588 21 H-24DENTON, COUNTY OF110 W HICKORY STR167557 22 H-25DENTON, CITY OF 221 N ELM STR184086 BARTHOLD RD 23 H-26RICHARDSON, ROBERT L & ANN1555 LINDSAY ST 24 H-27TAYLOR, SANDRA L 703 BOLIVAR STR33276 25 H-28TEXAS WOMANS UNIVERSITY619 GROVE STR24938 26 H-29CENTER FOR VISUAL ARTS400 E HICKORY E MCCART ST 77 27 H-30 CENTRAL FIRE STATIONBELL AND HICKORY (SEC) £¤288 AME DR !( RCC-N 28 H-33DAVE & DAVE LTD CO217 E OAK STR32695 29 H-35BRADLEY, KENNY H805 BOLIVAR STR28443 BEALL ST WITHERS WAY 30 H-36 928 W HICKORY ST 31 H-37118-120 N LOCUST NR-6 TOTEM POLE WAY 32 91-001MORRISON, BRIAN J305 MOUNTS STR35616 RCC-D 33 92-002CAPPS, ROBERT E LEE JR & PEGGY915 W OAK STR35004 34 93-001OLUFSEN, BEBE120-122 1/2 W OAK STR32887 35 93-002GREATER DENTON ARTS COUNCIL214 W HICKORY 36 94-001MASTERS, MICHAEL D1035 W OAK STR239545 ACLUD 37 94-002WATT, HOWARD E & MARGARET A1004 W OAK STR28657 NRMU-12 19 UV 38 94-003STAFFORD, CHARLES R1018 W OAK STR28661 Area 2 39 95-001DONOVITZ, JAMES A1513 N LOCUST STR26484 40 98-001MORRIS, JOHN H AND DONNA815 N LOCUST STR28650 MILLER RD 41 98-002MAGNOLIA INN INC821 N LOCUST STR33850 288 !( 2164 42 99-315MARTINO, DAVID C100 N LOCUST STR32704 GABLE CT ") 43 99-313421 E HICKORY ST FISHTRAP RD JOHN DR 44 99-314610 OAKLAND ST CORONADO DR 45 99-316SHIVER, JOHN D520 AUSTIN STR28519 6 UV 46 2006-285HARRISON MORRIS, JOHN & DONNA LEE LIVING TRUST918 W OAK STR163052 HAMPTON RD HERITAGE LN 47 2007-2012044 W OAK ST 428 ") 380 £ ¤ 77 25 48 2008-065AMERICAN ALUMINUM RECYCLING122 N LOCUST STR32725 £¤UV TIESZEN ST 49 2010-113RODEN, KEVIN322 TEXAS STR28729 MOHICAN AVE 23 50 2012-189EVANS, LUKE & KERI903 W OAK STR35006 UV 22 UV 2 UV 13 15 UV 380 £¤ CM-G WICKER WAY 380 £¤3 UV LIBRARY 39 A NR-2 25 20 8 UV 16 UV NRMU MEADOW OAK DR NR-3 DANA LN 49 18 41 UV 29 40 24 RUSSELL NEWMAN BLVD I35 §¦¨ 544 27 UV UV 45 10 UV 31 UV EC-I 332 322 UV 3 UV UV 37 47402218 12 381430 426 MF-13428 48 E OAK ST UV" 84) 1 31 3693 15675 21 2043 35 UV 1 42 30 UV 26 17 10 3350427 11 UV E MULBERRY ST TROY H LAGRONE DR 5 W SYCAMORE STW SYCAMORE ST UV E SYCAMORE ST CHESTNUT ST 2 19 UV IC-E DR-2 CM-E MORSE ST IC-G ACLUD §¦¨ 12 UV 5 UV BOARDWALK LN DR-1 Area 1 DC-N EC-C 1515 ") 77 £¤ 377 £¤ T N SKILES RD DC-G I35W 23 §¦¨ 426 " ) 288 !( 6 UV 1 UV 7 UV 12 UV RCR-1 1 UV 2 UV NR-4 1 11 UV UV 10 UV RICH ST ROSELAWN CIR 4 UV RCR-2 §¦¨ 11 UV ABBOT'S LN 7 UV 9 UV 2449 ") OAKHURST ST 24 UV RD-5 17 UV EL CIELITO ST 8 UV I35W 28 §¦¨ UV 377 £¤ 29 UV 14 UV YALE SEABORN RD ROBINSON RD 1830 ") 2181 4") UV ANDALUSIAN DR KERRY CT WALTON DR LUCK HOLE DR NR-1 MPC I35E §¦¨ NUMBEROVERLAY TYPEORDINANCECASE NOACRESDATE WHITE DOVE LNMORNING GLORY DR ZONING 1 1NR-42004-382Z04-00396.6747/12/2004 UV LIGHTHOUSE DR 4 UV ACORN BND 2 LAKE SHARON DR NRMU2005-025Z04-004512.5008/1/2005 2 UV MONTECITO DR 3NRMU2006-008Z05-00272.6303/1/2006 3 UV WARWICK DR PD HUDSON DR 4NR-42006-126Z06-000658.2582/5/2006 4 UV NUMBEROVERLAY TYPEORDINANCECASE NOACRESDATE 5RCC-D2006-124Z06-00075.7402/5/2007 5 UV HISTORICAL DISTRICTS 6 6 NR-32007-032Z06-001430.0002/6/2007 UV 1 1 FRY STREET2010-182Z10-000912.4207/21/2010 UV I35W §¦¨ 7 7NRMU2006-360Z06-00243.50012/19/2006 UV 2 2 BELL AVENUE CONSERVATION DISTRICT2005-099SI04-004211.6003/22/2005 UV GREENMEADOW DR 8RCC-D2010-158Z10-001087.00012/8/2008 8 UV MEADOWGLEN DRBOIS D'ARC LN 3WEST OAK AREA HISTORIC DISTRICT2008-136HL08-000252.0106/17/2008 3 UV 9 9NRMU2007-048Z06-003810.2002/20/2007 UV 4OAK-HICKORY HISTORIC DISTRICT87-22423.70012/8/1987 4 UV 9 ETJ UV 10NR-62007-075Z07-00045.2804/3/2007 10 UV 5DENTON MUNICIPAL AIRPORT OVERLAY DISTRICT94-156A3507.6809/13/1994 5 UV 11RCC-D2008-157Z08-000638.4457/15/2008 11 UV COUNTRY LAKES BLVD 12DC-G2007-106Z07-00083.3195/15/2007 UV 12 MASTER PLANNED COMMUNITIES ROBSON RANCH RD 1 14 4 NRMU2006-302Z06-00205.61010/17/2006 UV PALACE CT 1 1 COLE RANCH2006-303MP07-00023256.92011/17/2006 UV 1 15 5 NRMU2008-284Z06-00290.00010/28/2008 UV 2 2 HILLS OF DENTON2007-150Z06-00262120.6217/17/2007 UV 16RCCD2007-068Z06-0029181.9003/27/2007 16 UV 3 3HILLS OF DENTON NORTH2008-262MPC07-0003484.84010/21/2008 UV 17NRMU-122006-139Z06-001047.0005/16/2006 17 UV 4HUNTER RANCH2008-286MPC07-00013331.00011/4/2008 4 UV 1 18 8 NRMU2009-102Z09-00012.0004/21/2009 UV 19NRMU-122010-077Z08-001615.2003/2/2010 19 UV SPECIAL SIGN DISTRICTS 2 20 0 DC-G2009-303Z09-00081.76012/1/2009 UV 1 UV 1Granit Point2005-143SD05-000194.2005/24/2005 2 22 2 NRMU2009-324Z09-000919.85812/15/2009 UV 2 UV 2Denton Town Crossing2005-081SD04-000443.77010/3/2005 2 23 3 NRMU-122011-066Z10-00076.8394/19/2011 3 UV 3TRIAD/Presbytarian Hospital2005-068SD04-000347.0002/22/2005 UV 24NR-42011-116Z11-000330.4427/19/2011 24 4 UV UV 4Brinker Rd (Southern Hills Partner)2003-061SD02-00036.7102/18/2003 EVELYN LN 25NRMU-122012-238Z11-00263.3309/18/2012 525 UV 5First United Methodist Church2012-317SD12-00014.14111/6/2012 UV 26RC2011-246Z11-000737.00012/6/2011 26 6 6Denton Park 35 Addition2002-150SD02-00017.5205/14/2002 UV UV 27RCCD2011-225Z11-00174.10011/1/2011 27 7 7Denton Crossing2002-246SD02-000254.1306/10/2002 UV UV 2 28 8 NRMU-122014-168Z14-00022.9806/3/2014 8Unicorn Lake2004-204SD04-00020.0237/20/2004 UV 8 KNIGHT ST UV MITCHELL CT 2 29 9 NR-62014-075Z13-001030.5603/4/2014 9Unicorn Lake2004-126SD04-0001133.5004/20/2004 UV 9 UV 30NRMU2014-239Z14-00181.4048/5/2014 1 1 0 0Signature Assisted Living2012-156SD11-00067.1007/17/2010 30 UV UV 31NR-62014-239Z14-00183.1258/5/2014 11BioLife Plasma Center2011-171SD11-00043.5009/20/2011 31 11 UV UV 32NRMU-122014-239Z14-0182.1848/5/2014 12Del Taco2011-029SD10-00010.5002/17/2001 32 12 UVUV The City of Denton has prepared maps for ZONING CATEGORIES Legend departmental use. These are not official maps of the City of Denton and should not be used for legal, Zoning OverlayADR-2MF-1NR-6RCR-1 engineering or surveying purposes but rather for reference purposes. These maps are the property of CM-EEC-CMPCNRMURCR-2 the City of Denton and have been made available to Parcels the public based on the Public Information Act. The CM-GEC-INR-1NRMU-12RD-5 City of Denton makes every effort to produce and Special Sign District publish the most current and accurate information DC-GETJNR-2PDRD-5X Denton Municipal Airport possible. No warranties, expressed or implied, are µ provided for the data herein, its use, or its DC-NIC-ENR-3RCC-D interpretation. Utilization of this map indicates 02,1504,3008,600 Historical Date: 9/11/2014 3 understanding and acceptance of this statement. DR-1IC-GNR-4RCC-N Feet Path: S:\\Planning\\GIS Data\\MAPS\\Zoning Map\\ZoningMapSept11_2014_1100.mxd Designation DevelopmentServicesDepartment 221N.ElmStreet,Denton,TX76201 *Phone(940)3498541*FAX(940)3497707 ZoningDistricts (CME)CommunityMixedUseEmployment Theseareaswillprovidethenecessary services,employmentandinstitutionalfacilitiesthatarerequiredandsupportedby thesurroundingcommunity.Thisusecategorywillcontainbuildingsrangingfromone tothreestorieswithatleast20%ofpropertybeinglandscaped.Theseareasmaycontain locationsfornewofficeblocksandcampusstyleofficedevelopment. (CMG)CommunityMixedUseGeneral Theseareasprovidethenecessaryshopping, services,recreation,employmentandinstitutionalfacilitiesthatarerequiredand supportedbythesurroundingcommunity.Thisusecategorycontainsbuildings fromonetothreestorieswithatleast20%ofeachpropertybeinglandscaped. ranging (DCG)DowntownCommercialGeneral ThisisthecentralcoreofdowntownDenton. Thesettingisurbanwithmuchactivity.Withbroadsidewalksandbuildingsoriented tothestreet,allthedowntownlandusecategorieswillhelptocreateandenhancean invitingurbanenvironment.Intheseareasbuildingsmayreachuptoeightstoriesin height. (DCN)DowntownCommercialNeighborhood Theseareas,slightlylessintensethan theDowntownCommercialGeneral,arealsoanurbansettingcontainingamixofjobs andhousing.Intheseareasbuildingsmayreachuptofivestoriesinheight. (DR1)DowntownResidential1 Theseareasrepresentthetraditionallyresidential portionsofdowntown.Inthefutureexpecttoseemorenewresidentialprojects. (DR2)DowntownResidential2 Theseareasrepresentthetraditionallyresidential portionsofdowntown.Inthefutureexpecttoseemorenewresidentialprojectswith slightlyhigherdensitystandards.Intheseareasbuildingsmayreachuptothreeorfour storiesinheight. (ECC)EmploymentCenterCommercial Theseareareasthatprovidelocationsfor abroadvarietyofworkplacesandcomplimentaryuses.Ingeneralthereisafocuson officeandprofessionalbusinessesinthislandusecategory. (ECI)EmploymentCenterIndustrial Thepurposeoftheseareasistoprovide locationsforavarietyofworkplacesandcomplimentaryuses.Ingeneraltherewillbe slightlymorelightmanufacturingandlowimpactindustrialusesinthislanduse categorythanECC. Page1 (ICE)IndustrialCenterEmployment Thishasmanyofthesameworkprocesses andemploymenttypesasIndustrialCenterGeneralsuchasmanufacturing, warehousinganddistributing,indoorandoutdoorstorage,andawiderangeof commercialandindustrialoperationswithinclusionofmoreamenitiesaddedwhich includehotels,motelsandrecreationfacilities. (ICG)IndustrialCenterGeneral Theseareascanbecharacterizedascontaininga varietyofworkprocessesandemploymentsuchasmanufacturing,warehousingand distributing,indoorandoutdoorstorage,andawiderangeofcommercialand industrialoperations. (NR1)NeighborhoodResidential1 TheseareasareaprominentfeatureofDenton's newestneighborhoodswhileprotectingexistingneighborhoods.Residentialdensities intheseareasaverageonehomeperacre. (NR2)NeighborhoodResidential2 Primarilyresidentialdevelopment.Residential densitiesintheseareaswillaveragetwohomesperacre. (NR3)NeighborhoodResidential3 Thepredominantzoningcategoryofresidential developmentinDenton.Residentialdensitiesintheseareaswillaveragethreehomes peracre. (NR4)NeighborhoodResidential4 Primarilyresidentialwithsomeallowancesfor duplexstyledevelopment.Residentialdensitiesintheseareaswillaveragefour homesperacre. (NR6)NeighborhoodCenterResidential6 Theseareaswillbeaprominentfeature ofDenton'snewestneighborhoodswhileprotectingexistingneighborhoods.They focusontheheartoftheneighborhoodandencourageanappropriatemixofhousing typeswithsomesupportivecommercialuses.Typicallyexpecttoseeaboutsixhouses peracreofland. (NRMU)NeighborhoodResidentialMixedUse TheheartoftheNeighborhood Center.Appropriatelydesignedneighborhoodorientedretail,officeandservice developmentwithallowancesfortownhomes,civicusesandlimitedmultistory apartments.Thiscategorywillbehometomoderateandhigherintensitymultifamily housing. (NRMU12)NeighborhoodResidentialMixedUse12 Mixedusedevelopment intendedtopreserveandprotectexistingneighborhoodsandtoensurethatanynew infilldevelopmentiscompatiblewithexistinglandusespatternsanddesign standards.Thiscategoryallowslowtomoderateintensitymultifamilyhousing. Residentialdensitiesintheseareasaveragetwelveunitsperacre. Page2 (PD)PlannedDevelopment Thesearemasterplanneddevelopmentsthathaveto meethigherstandardsofscrutinythroughthedevelopmentprocess.Detailsof developmentswithinPDdistrictswillgobeforetheP&ZCommissionandtheCity Council. (RC)RuralCommercial Theseareasarethelocationsofsmallruralcommercial operationssuchasgeneralstores,established "FruitStands"andplaceswheresomehandmadegoodscanbepurchased. (RCCD)RegionalCenterCommercialDowntown Thesecenterswillserveasmajor commercialhubsforDenton.Theseareasofmuchcommercialactivitywillservethe entireregion.Intheseareasbuildingsmayreachuptoeightstoriesinheight.Asinthe otherRegionalCenterareashereyouwillfindactivitiesincludingshopping,services, recreation,employmentandinstitutionalfacilities. (RCCN)RegionalCenterCommercialNeighborhood Thistypeofregionalcenter stressestheimportanceofneighborhoodscaleretailandcommercialuses.Asinthe otherRegionalCenterareashereyouwillfindactivitiesincludingshopping,services, recreation,employmentandinstitutionalfacilities.Intheseareasbuildingsmayreach uptofivestories. (RCR1)RegionalCenterResidential1 Theseregionalcentersaredesignedtocreate focalpointofcommunityactivityincludingshopping,services,recreation, employmentandinstitutionalfacilities.Theremoreintenseresidentialareaswill containawealthofsupportiveshopsandservices.Theyareanimportantcomponent forthelocalneighborhoodaswellasanentireregion. (RCR2)RegionalCenterResidential2 Theseregionalcentersaredesignedtocreate focalpointofcommunityactivityincludingshopping,services,recreation, employmentandinstitutionalfacilities.Thesettinginthisareaisurbanand containingamixofjobswithinthesamebuildingsandnearbywithafocusonmulti familyhousing.Intheseareasbuildingsmayreachuptofourstoriesinheight. (RD5)RuralResidential Theseareareasofverylowdensityresidentialdevelopment andagriculturallands. (RD5X)RuralResidential Recentlyannexedproperties. (MF1)MultiFamily1 MultifamilydistrictdesignatedasaholdoverbyCouncilaction February5,2002. (A)Agriculture RecentlyannexedpropertyintothecitylimitsofDenton.Current zoningisdesignatedasAgriculturalpendingfuturezon1ngcase. Page3 Item #1 Planning Report Planning & Zoning Commission Rezoning Subcommittee April 6, 2016 REQUEST: Receive a report and hold a discussion regarding a proposed staff-initiated rezoning of approximately 44.5 acres of land from the Industrial Center Employment (IC-E) District to the Regional Center Commercial Downtown (RCC-D) District; generally located south of University Drive (U.S. 380), north of West Oak Street, west of I-35, and east of the railroad line. BACKGROUND: Per the 1999 Denton Plan, the future land use designation of the subject area was Industrial Centers. As a result, the subject area was rezoned from Light Industrial (LI) to Industrial Center Employment (IC-E) during the 2002 citywide rezoning. In 2015, the future land use designation of the site was changed to Regional Mixed Use as part of the Denton Plan 2030 Future Land Use Map (FLUM) update. Since the site was rezoned in 2002, development on the subject site consists of the construction of a Quick Trip gas station and convenience store located at the intersection of W. University Drive and I-35. A pre-application request in 2013 explored redeveloping an office/warehouse complex located at 3801 N I-35 for retail and restaurant uses, however per Section 35.5.7.2 of the Denton Development Code, the IC-E district does not permit retail uses except in conjunction with a gas station convenience store. Recently in 2015 a pre-application to develop a Cavenders Boot City location was reviewed for a parcel within the subject area. During the review of the pre-application staff determined that assessment rezoning of the subject project was in order.. SITE DATA: The subject site consists of 9.5624 acres of platted land and 34.9174 acres of unplatted land, for a total of 47.4163 acres. Approximately 9.5624 acres of the site are developed with office and warehouse uses and a Quick Trip gas station/convenience store. The remainder of the site is undeveloped. USE OF PROPERTY UNDER CURRENT ZONING: The purpose of the IC-E zoning district is to provide locations for a variety of workplaces and complimentary uses. Permitted uses include Vehicle Repair, Administrative or Research facilities, Auto and RV Sales, Major Event Entertainment, Light Manufacturing, Distribution Center/Warehouse, Wholesale Sales, and Self Service Storage. Compressor Stations, Retail Warehouse, and Conference/Convention Centers are permitted with a Specific Use Permit (SUP). Uses permitted with a Limitation include Live/Work Units, Bar, Retail Sales and Service, and Distribution Center. The permitted schedule of uses is attached for reference. SURROUNDING ZONING AND LAND USES: North: Property to the north is zoned with Regional Center Commercial Downtown (RCC-D). The area is developed with a mixture of offices, vehicle repair facilities, hotel/motels, and restaurants. East: Property to the east, across I-35 is zoned as Regional Center Commercial Downtown (RCC-D) and is planned to be developed as Rayzor Ranch Town Center. South: Property to the south, across West Oak Street is zoned as Industrial Center Employment (IC-E) and is developed as distribution center. West: Property to the west, across railroad tracks is zoned as Industrial Center Employment (IC- E) and is undeveloped. COMPATIBILITY OF REQUEST WITH SURROUNDING ZONING AND LAND USES: The RCC-D district is one of the most intense zoning districts in the Regional Mixed Use future land category and the City of Denton as a whole. It is intended to promote mixed use development with an urban character and businesses with a highly regional customer base to attract visitors to the city. Moderate to high density residential uses with a maximum density of 100 units per acre are permitted including townhomes and apartments associated with a mixed-use development. All commercial and institutional uses are permitted with the exception of the sale of products grown on site, motels, equestrian facilities, outdoor recreation, sexually oriented businesses, elementary schools, and cemeteries. Most industrial uses are either limited or not permitted. Refer to the attached list of permitted uses in the RCC-D district for further detail. This rezoning will be an extension of the existing RCC-D zoning located to both the north, across West University Drive and to the east, across I-35. Due to the constraint of the railroad line located along the western edge of the site, all traffic generated by the new development will be limited to the I-35 frontage road, West Oak Street, and U.S. 380. COMPREHENSIVE PLAN: Per the Future Land Use Map in Denton Plan 2030, the subject site is designated as . Denton. Development may include moderate and high density residential, commercial, office, entertainment and other uses except industrial, at the highest levels of scale and density within the city. Unique development standards are proposed to create the walkable urban character and day and nighttime activity of an urban center. This designation is located primarily along I-35 interchanges and primary arterials to encourage the greatest regional accessibility. Future development in Regional Mixed Use areas will complement and embrace existing, viable uses, and raise the standard of design to increase their regional draw, accommodate greater connectivity and mobility options, and create a sense of place. Development criteria of the Regional Mixed Use future land use designation include: a) A regional activity center is considerably larger and more diverse in its land uses than any other activity center. It includes vertically integrated uses where different use may occur on each floor of the building. b) Allowable uses may include national retailers, employment, restaurants and entertainment venues, and high-density housing. c) Uses should create destinations and augment the regional draw and image of Denton. Planning Report Staff Initiated Rezoning Page 2 of 4 d) Commercial uses should be programmed to serve a regional market and to be compatible with adjacent land uses. e) Diverse uses should be located in close proximity to one another so that all users are accessible from a single stop or by walking or bicycling. f) Development should be sited accessible to transit services. g) Places of worship, schools, and parks and open space are allowed by right. h) The character of this area should be maintained by ensuring that new development is sensitive to the surrounding built and natural context in scale and form as described above. i) Proposals should be presented and reviewed according to the degree to which they achieve the goals of the Regional Mixed Use land use and may be the subject of Small Area Plans when significant developments are proposed. CONSIDERATIONS: 1. Per Subchapter 35.3.4.B of the Denton Development Code, the following criteria for approval shall be considered for a rezoning request: The proposed rezoning conforms to the Future Land Use element of Denton Plan 2030. The Future Land Use Map designates the subject site as Regional Mixed Use. This area, located adjacent to both I-35 and U.S. 380, and in close proximity to Rayzor Ranch Town Center, affords an excellent opportunity to extend the regional activity represented by Rayzor Ranch to the western side of the freeway, using U.S. 380 as the connection. The proposed rezoning facilitate the adequate provision of transportation, water, sewers, schools, parks, other public requirements and public convenience. Water lines are located along the entire I-35 frontage. Sewer lines are available to those developed properties in the site, and would have to be extended to serve the undeveloped properties upon platting. 2. The southern portion of the site is encumbered by ESA stream buffers which will have to be evaluated by staff prior to development on the site. STAFF RECOMMENDATION: Staff recommends that this staff initiated rezoning be forwarded to the Planning and Zoning Commission to consider that the subject area be rezoned from the Industrial Center Employment (IC-E) District to the Regional Center Commercial Downtown (RCC-D) District. OPTIONS: 1. Recommend that the staff initiated rezoning be forwarded to the Planning and Zoning Commission for consideration. 2. Recommend staff complete further study of the subject area. 3. Recommend the site zoning remain as is. ATTACHMENTS: Zoning Map Planning Report Staff Initiated Rezoning Page 3 of 4 Future Land Use Map IC-E Permitted Uses RCC-D permitted Uses Prepared By: Reviewed By: _________________________________ Ron Menguita, AICP ________________________________ Development Review Committee Administrator Cindy Jackson, AICP Date: 4/1/2016 Senior Planner Date: 4/1/2016 Planning Report Staff Initiated Rezoning Page 4 of 4 Subject Site Zoning Map EC-I CM-G NR-2 RCC-D NRMU IC-E I35 IC-G DC-G DR-2 0215430860 Feet SITECM-GEC-INR-2 µ DC-GIC-ENRMU Parcels DR-2IC-GRCC-D 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. Subject Site Future Land Use Map Business Innovation Regional Mixed Use Industrial Commerce I35 Low Residential Neighborhood / University Compatibility Area 0215430860 SITENeighborhood / University Compatibility Area Feet Future Land Use Low ResidentialBusiness Innovation Parcels µ Industrial Commerce Regional Mixed Use 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. Industrial Center Employment Permitted Uses RESIDENTIAL: P Agriculture L(7) Live/Work Units COMMERCIAL Administrative or Research Facilities, Auto and RV Sales, Broadcasting or Production Studio, Commercial Parking Lots, P Hotels, Indoor Recreation, Laundry Facilities, Major Event Entertainment, Motels, Professional Services and Offices, Quick Vehicle Servicing, Vehicle Repair. L(14) Bar, Drive-through Facility, Private Club, L(18) Retail Sales and Service L(38) Temporary Uses INDUSTRIAL Construction Materials Sales, Craft Alcohol Production, P Distribution Center/Warehouse General, Light Manufacturing, Self Service Storage, Wholesale Nurseries, Wholesale Sales Bakeries, Manufacture of Non-odoriferous Foods, L(25) Printing/Publishing L(27) Gas Wells L(29) Wrecker Services and Impound Lots SUP Compressor Stations, Warehouse, Retail INSTITUTIONAL Basic Utilities, business/Trade School, Churches, Colleges, P Community Service, Mortuaries, Parks and Open Space, Semi- public Halls, Clubs, and Lodges L(19) Adult or Child Daycare Conference/Convention Centers, WECS (Building Mounted and SUP Free-Standing Monopole Support Structure) P = Permitted, L(#) = Permitted with a Limitation, SUP = Specific Use Permit Limitations: L(7) = Limited to two (2) animals on parcels one (1) to three (3) acres in size. Additional animals may be added at a rate of one per each acre over three. L(14) = Uses are limited to no more than 10,000 square feet of gross floor area. L(18) = Uses are permitted only in association with Gas Stations and are limited to no more than 5,000 square feet of gross floor area except adjacent to I-35 then uses are limited to 10,000 square feet of gross floor area. L(19) = Allowed as an accessory use to the primary business(es) within the same structure. The accessory use is limited to those employees or owners of the business or businesses within the same structure. L(25) = If proposed use is within 200 feet of a residential zone, approval is subject to a Specific Use Permit. L(27) = Must comply with the provisions of Subchapter 89, Gas Well Drilling and Production. L(29) = Wrecker Services and Impound Lots must comply with the following provisions: 1. The subject lot shall comply with the provisions of the Texas Administrative Code, regarding Vehicle Storage Facilities. 2. Lot Screening: All stored vehicles shall be opaquely screened from all rights-of-way and residential uses and zoning districts. 3. Parking and vehicle storage areas associated with wrecker services and impound lots activities are not allowed within undeveloped floodplain, water-related habitat, and riparian buffer environmentally sensitive areas (ESA). 4. Best management practices addressing storm water quality must be implemented and maintained on site. Management practices must attain the pollutant removal capabilities recommended for parking areas in the Integrated Storm Water Management (iSWM) manual, as published by the North Central Texas Council of Governments, or similar practices consistent with low impact development (LID) approaches. L (38) = Must meet the requirements of Section 35.12.9. Regional Center Commercial Downtown Permitted Uses RESIDENTIAL: Agriculture, Attached Single-family Dwellings, Dwellings Above P Businesses, Live/Work Units, Community Homes for the Disabled L(7) Livestock L(6) & L(4) Multi-Family Dwellings SUP Group Homes COMMERCIAL: Home Occupation, Hotels, Bed and Breakfast, Retail Sales and Service, Movie Theaters, Restaurant, Private Club, Bar, Drive-through Facility, Professional Services and Offices, Quick Vehicle Servicing, Vehicle P Repair, Auto and RV Sales, Laundry Services, Indoor Recreation, Commercial Parking Lots, Administrative or Research Facilities, Broadcasting or Production Studio L(38) Temporary Uses SUP Major Event Entertainment INDUSTRIAL: P Bakeries, Veterinary Clinics L(23) Light Manufacturing L(13) Warehouse, Retail L(27) Gas Wells INSTITUTIONAL: Community Service, Parks and Open Space, Churches, Semi-Public Halls, Clubs, and Lodges, Business/Trade School, Adult or Child Day P Care, Middle School, High School, Colleges, Conference/Convention Centers, Hospital, Elderly Housing, Medical Centers, Mortuaries SUP Basic Utilities, WECS (Free-standing Monopole Support Structure), WECS (Building Mounted) P = Permitted, L(#) = Permitted with a Limitation, SUP = Specific Use Permit LIMITATIONS: L(4) = Multi-family is permitted only: 1. With a Specific Use Permit; or 2. As part of a Mixed-Use Development; or 3. As part of a Master Plan Development, Existing; or 4. If the development received zoning approval allowing multi-family use within one (1) year prior to the effective date of Ordinance No. 2005-224; or 5. If allowed by a City Council approved neighborhood (small area) plan. L(6) = Permitted only on second (2nd) story and above, when an office, retail, or other permitted commercial use is on the ground floor along any avenue, collector, or arterial street, otherwise office or retail uses are not required. 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(13) = Uses are limited to no more than fifty-five thousand (55,000) square feet of gross floor area per lot. L(23) = Light manufacturing of products sold on site permitted, area of manufacture not to exceed five thousand (5,000) square feet. 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. Item #1 Planning Report Planning & Zoning Commission Rezoning Subcommittee July 6, 2016 REQUEST: Receive a report and hold a discussion regarding a staff-initiated rezoning of approximately 42.69 acres of land from Neighborhood Residential Mixed Use (NRMU) Zoning District to a Commercial Mixed Use General (CM-G) Zoning District, generally located west of Carroll Boulevard, east of Hinkle Street, and north of Denton Center. BACKGROUND: During the May 4, 2016 meeting of the Planning and Zoning Commission Rezoning Subcommittee, staff presented several sites for rezoning consideration. This site was included in the list of proposed rezoning sites. One of the tracts included in this request is the 21-acre site where the annual North Texas State Fair is held. According to the North Texas State Fair Association, they are planning to relocate the fair within the next ten years. Due to this proposed relocation, there is an opportunity to evaluate the current zoning designation of NRMU and determine if the zoning is appropriate for the location once the site is vacated. The adjacent property located west of the Fairgrounds and properties east of North Carroll Boulevard are also included in this proposal. Two of properties are vacant and the other is developed with a small retail center. Considering these properties at this time will give the City and the property owners the opportunity to plan how this area will develop in the future, and lead to a more cohesive development pattern as outlined in the Denton Plan 2030 Land Use Element and Community Character and Urban Design Element. SITE DATA: The subject site consists of two large tracts of land located between North Carroll Boulevard and Hinkle Drive, and two properties located east of North Carroll Boulevard. The 21 acre tract located on the west side of North Carroll Boulevard is the current location of the North Texas State Fair. The 19.8454 acre tract which fronts onto Hinkle Drive is undeveloped, and a stream traverses the site. Future development on both tracts of land will have significant constraints in the form of Zone X and Zone AE Floodplain, with associated Stream Buffers and Flood Plain Environmentally Sensitive Areas (ESA) encumbering much of the site. The two properties which are located at the northwest corner of the intersection of West Sherman Drive and North Carroll Boulevard, one site located at the intersection of Sherman Drive and North Carroll Boulevard is developed with a small retail center, while the remaining lot, platted as Lot 2R, Block 3 of the Fry Addition, is vacant. USE OF PROPERTY UNDER CURRENT ZONING: The purpose of the NRMU District is to encourage a mix-use activity center with light retail, office, and institutional uses that support surrounding neighborhoods or to transition from non-residential zoning districts to single-family neighborhoods. The maximum density is 30 units per acre, except townhomes which are limited to 12 units per acre. Apartments are only permitted as part of mixed- use development or with approval of an SUP. The NRMU District permits many commercial and institutional uses with limitations or an SUP. Refer to the attached list of permitted use in the NRMU District for further detail. SURROUNDING ZONING AND LAND USES: North: Property to the north, located between North Carroll Boulevard and Hinkle Drive is zoned Neighborhood Residential 3 (NR-3), and Neighborhood Residential Mixed Use 12 (NRMU-12). The area zoned NRMU-12 consists of the Good Samaritan Assisted Living Center, and an undeveloped tract. The property zoned NR-3 is the location of Central Baptist Church. Property located to the north, and at the northeast corner of the intersection of North Carroll Boulevard and Ross Street is zoned Neighborhood Residential Mixed Use (NRMU) and is the location of Carroll Courts Apartments. East: Property to the east is zoned Neighborhood Residential 3 (NR-3) and is developed single family residences. South: Property to the south is zoned Community Mixed Use General (CM-G) and is developed as Denton Center. West: Property to the west is zoned Neighborhood Residential 3 (NR-3) and is developed single family residences, and Neighborhood Residential Mixed Use 12 (NRMU-12) that is developed with an office. COMPATIBILITY OF PROPOSED ZONING DISTRICT WITH SURROUNDING ZONING AND LAND USES: The CM-G district is the less intense of the two zoning districts in the Community Mixed Use Centers zoning category and is intended to provide necessary shopping, services, recreation and institutional facilities that would be required and supported by the surrounding community. Permitted commercial uses include hotels/motels, retail sales and service, restaurants, offices, and vehicle repair. Major Event Centers and movie theaters would require a Specific Use Permit (SUP). Multifamily development is permitted in the district with limitations, however, there is no maximum residential density noted in the DDC for this zoning district. The minimum lot size in the CM-G district is 2,500 square feet, the maximum building height is 65 feet, the maximum Floor Area Ratio (FAR) is 1.5 and the maximum lot coverage is 80%. Please refer to the attached schedule of permitted uses and limitation for further reference. The location site is adjacent to one of the major commercial corridors in the City. The Denton Plan 2030 has specific policies for this area with the express goal of establishing an identifiable center and corridor through the creation of specific design standards. The site is surrounded on two sides by single family residential development and Denton Center to the south. This could potentially foster the extension of Denton Center to the north and possibly trigger the redevelopment of Planning Report Staff Initiated Rezoning Page 2 of 4 Denton Center to incorporate both the additional area and with the required enhanced design standards. COMPREHENSIVE PLAN: Per the Future Land Use Map in Denton Plan 2030, the subject site is designated as Community Mixed Use. The intersection of North Carroll Boulevard and West University Drive is also , and a on the Focus Areas Concept Map (Figure 4.1, page 118). Community Mixed Use remain predominant, but where residential, service, and other uses are complimentary. This land use applies to existing and future commercial areas in the city, where redevelopment to mixed-use is desirable. The intent is to encourage a more diverse and attractive mix of uses over time. Future development in Community Mixed Use areas will complement and embrace existing, viable uses, and raise the standard of design to increase their economic viability, accommodate greater connectivity and mobility options, and create a sense of place to serve the local community. Development criteria of the Community Mixed Use future land use designation include: a) Typical types of development may include a supermarket, drug store, specialty shops, service stations, midsize offices, employers, and high-to-moderate density housing. b) Places of worship, schools, and parks and open space are allowed by right. c) Diverse uses shall be located in close proximity to one another so that all uses are accessible from a single stop by walking or bicycling. d) Vertical and horizontal mixed-use is encouraged. e) Development should be accessible from transit routes. f) Commercial uses should be programmed appropriately to serve the local Denton community and to be compatible with adjacent land uses. g) The character of this area should be maintained by ensuring that new development is sensitive to the surrounding built and natural context in scale and form as described above. h) Proposals should be presented and reviewed according to the degree to which they achieve the goals of the Community Mixed Use land use and may be the subject of Small Area Plans, when significant developments are proposed. Focus Areas The Denton Plan 2030 provides for the creation of specific focus areas as shown on the Focus Areas Map. Specifically, Goal CC-4 states that the City should achieve exemplary urban design in centers, and land uses. Through the creation of an Urban Design Plan, specific design regulations should be developed for specific visually distinct areas, key centers and corridors which are identified based on the location of important community identifiers, a concentration of employment or community hubs, with opportunities for densifications, public realm improvements, and infill development. These regulations can be established though the preparation of a Small Area Plan with unique recommendations for land use, urban design, circulation, and public realm improvements which would then be implemented through the adoption of corresponding Overlay Districts, unique to each area. Planning Report Staff Initiated Rezoning Page 3 of 4 CONSIDERATIONS: 1. The proposed CM-G zoning district is an extension of the existing adjacent CM-G zoning to the south. As noted in this report, the existing developments located to the east and west of the subject site are single family residences. An assisted living facility, undeveloped land, and church located to the north of the site. Good planning practice advocates an approach to zoning which would buffer or separate residential uses and districts from higher intensity commercial and industrial districts. Typically, a transitional zoning district located between the higher intensity district and a residential district is used to buffer the residential district from any adverse impacts from the higher intensity zoning district. 2. The residences to the west are separated from the subject area by Hinkle Drive, and the residences to the east are separated from the subject area by Carroll Boulevard. 3. The intersection of North Carroll Boulevard and West University Drive is designated as a Center Focus Area, a Branding Station and a Corridor Focus Area. The area within and around Denton Center is a key focus area in the City. As such, unique development standards will be required for this area in order to create a recognizable center. To create this overall vision, these standards should be applied to the entire area. 4. The subject area has significant constraints to development in the form of Zone X and Zone AE Floodplain, and associated Stream Buffers and Flood Plain Environmentally Sensitive Areas encumbering much of the site. 5. The site is bounded by Hinkle Drive and North Carroll Boulevard on the west and east side, both of which are classified as Collectors on the City of Denton Mobility Plan. ATTACHMENTS: Aerial Map Zoning Map Future Land Use Map Mobility Plan Map Denton Plan 2030 Focus Areas Concept Map NRMU Permitted Uses CM-G Permitted Uses Prepared By: Reviewed By: Cindy Jackson, AICP Ron Menguita, AICP Senior Planner Long Range Planning Administrator Planning Report Staff Initiated Rezoning Page 4 of 4 Fairgrounds Rezoning Aerial Map Site Location 0125250500 Feet SITE µ Parcels Roads Date: 6/30/2016 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. Fairgrounds Rezoning Zoning Map Site Location NR-2 NR-3 NR-4 NRMU-12 NR-6 NRMU CM-G 0125250500 Feet SITECM-GNR-6 µ NR-2NRMU Parcels NR-3NRMU-12 Roads NR-4 Date: 6/29/2016 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. Fairgrounds Rezoning Future Land Use Map Low Residential Moderate Residential Community Mixed Use Commercial 0125250500 Feet SITEDowntown Compatibility Area Future Land Use µ Community Mixed Use Low Residential Parcels Commercial Moderate Residential Roads Date: 6/29/2016 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. Fairgrounds Rezoning Mobility Plan Map Mobility Map 0125250500 Freeway Feet SITE Primary Arterial µ Secondary Arterial !! Collector Parcels Future Primary Arterial !! Future Collector Roads Railroad Date: 6/30/2016 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. DENTON PLAN 2030 4 FIGURE 4.1: Focus Areas Concept page 118 118 Neighborhood Residential Mixed Use (NRMU) Permitted Uses RESIDENTIAL: P Dwellings Above Businesses, Live/Work Units, Community Homes for the Disabled L(7) Livestock L(40) Attached Single-Family Dwellings L(4), SUP Multi-Family Dwellings SUP Group Homes SUP Fraternity or Sorority House SUP Dormitory COMMERCIAL: P Home Occupation, Hotels, Bed & Breakfast, Laundry Facility L(17) Retail Sales and Service, Professional Services and Offices L(11) Restaurant or Private Club L(14) Administrative or Research Facilities, Broadcasting or Production Studio L(38) Temporary Uses SUP Drive-through Facility, Quick Vehicle Servicing, Outdoor Recreation INDUSTRIAL: P Veterinary Clinics L(21) Bakeries L(27), SUP Gas Wells INSTITUTIONAL: P Community Service, Parks and Open Space, Churches, Semi-Public Halls, Clubs, and Lodges, Adult or Child Day Care, Kindergarten, Elementary School, Middle School, Elderly Housing, Medical Centers L(25) Basic Utilities L(14) Business/Trade School SUP High School, WECS (Free-standing Monopole Support Structure), WECS (Building Mounted) P = Permitted, L(#) = Permitted with a Limitation, SUP = Specific Use Permit LIMITATIONS: L(4) Multi-Family is permitted only: 1. With a Specific Use Permit (SUP), 2. As part of a Mixed-Use Development; or 3. As part of a Master Plan Development, Existing; or 4. If the development received zoning approval allowing multi-family use with one (1) year prior to the effective date of Ordinance No. 2005-224; or, 5. If allowed by a City Council approved neighborhood (small area) plan. 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(11) Limited to sit down only, and no drive up service permitted. Limited to no more than one hundred (100) seats and no more than four thousand (4,000) square feet of restaurant area. L(14) Uses are limited to no more than ten thousand (10,000) square feet of gross floor area. L(17) Uses that exceed twenty-five thousand (25,000) square feet of gross floor area per use require approval of a SUP. L(21) Baking and Bottling areas not to exceed two thousand five-hundred (2,500) square feet. Sales on premise of products produced required in the same zone. 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 Community Mixed Use General (CM-G) Permitted Uses RESIDENTIAL: PAgriculture,Dwellings Above Businesses, Live/Work Units, Community Homes for the Disabled, L(4) & L(6)Multifamily L(7)Livestock COMMERCIAL: PHotels, Motels, Bed and Breakfast, Retail Sales and Service, Restaurant, Private Club, Bar, Drive-through Facility, Professional Services and Offices, Quick Vehicle Servicing, Vehicle Repair, Auto and RV Sales, Laundry Facilities, Outdoor Recreation, Indoor Recreation, Commercial Parking Lots, Administrative or Research Facilities, Broadcasting of Production Studio L(38)Temporary Uses SUPMovie Theaters, Major Event Entertainment INDUSTRIAL: PPrinting/Publishing, Bakeries, Veterinary Clinics L(27), SUPGas Wells INSTITUTIONAL: PCommunity Service, Parks and Open Space, Churches, Semi-public Halls, Clubs, and Lodges, Business/Trade School, Adult or Child Day Care, Kindergarten, Elementary School, Middle School, High School, Colleges, Conference/Convention Centers, Medical Centers, Mortuaries SUPBasic Utilities, WECS P = Permitted, L(#) = Permitted with a Limitation, SUP = Specific Use Permit LIMITATIONS: L(4)Multifamily is permitted only: 1.With a Specific Use Permit; or 2.As part of a Mixed-Use Development; or 3.As part of Master Planned Community, Existing; or 4.If the development received approval allowing multifamily use within one year prior to the effective date of Ordinance No. 2005-224; or 5.If allowed by a City Council approved neighborhood (small area) plan. nd L(6) Permitted only on 2story and above, when an office, retail, or other permitted commercial use is on the ground floor along any avenue, collector, or arterial street, otherwise office or retail uses are not required. 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(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. Item #2 Planning Report Planning & Zoning Commission Rezoning Subcommittee July 6, 2016 REQUEST: Receive a report and hold a discussion regarding a staff-initiated initial zoning of approximately 118.7 acres of land, generally located west and east of Swisher Road and north of Pockrus Page Road and the rezoning of approximately 4.5 acres of land currently zoned Neighborhood Residential Mixed Use (NRMU), generally located north of Pockrus Page Road and approximately 700 feet west of Swisher Road. BACKGROUND: During the May 4, 2016 meeting of the Planning and Zoning Commission Rezoning Subcommittee, staff presented several sites for rezoning consideration. This site was included in the list of proposed rezoning sites. The Commission recommended that staff expand the study area of this site to encompass all recently annexed land in the vicinity. The original site encompassed approximately 32.702 acres of land. The site has been expanded to include a total of approximately 123.21 acres of land as shown on the attached zoning map. Approximately 118.7 acres of land was annexed into the City on April 17, 2013 (Ord. No. 2013-096) and was given a zoning designation of RD-5X. Newly annexed property is given a zoning designation of RD-5X as policy. The annexed property is restricted to the permitted uses and development standards of the Rural Residential 5 (RD-5) zoning district until the property owner decides to develop the property and have it zoned appropriately. Included in the proposal are 4.5 acres of land currently zoned Neighborhood Residential Mixed Use (NRMU) district. This area was formerly part of a larger NRMU district approximately 24.5 acres in area. All but these remaining 4.5 acres were rezoned in 2015 to the current designation of Neighborhood Residential 6 (NR-6) for the purpose of extending the residential portion of the Villages of Carmel (Z15-0010). The future land use designations of the subject area are Low Density Residential east of Swisher Road and Medium Density Residential and Neighborhood Mixed Use west of Swisher Road. SITE DATA: A majority of the land in the subject area had been developed as single family residential homes, mobile homes, and agricultural uses prior to annexation. The subject area consists of 16.528 acres of platted land and 106.68 acres of un-platted land. Located in the northern portion of the subject area east of Swisher Road is a 50 lot mobile home park, platted as Green Tree Estates. On the southwest corner of the intersection of Edwards Road and Swisher Road is currently undeveloped but serves several functions. Approximately 2.4 acres of property serves as ESA mitigation for the Villages of Carmel and approximately 1.2 acres of property has been dedicated as a future city park location. The City has also purchased approximately 6.4 acres for a tree park. The breakdown of existing land uses are as follows: Land Use Acreage Percentage of Land Single Family 33.97 27.6% Mobile Home 30.95 25.12% Farm/Ranch 24.2 19.63% Undeveloped 12.5 10.15% Agricultural 9.16 7.43% Storage Yard 8.76 7.1% Religious 3.5 2.83% Roadways 0.17 0.14% 123.21 100.00% USE OF PROPERTY UNDER CURRENT ZONING: Newly annexed property is given a zoning designation of RD-5X as policy. The annexed property is restricted to the permitted uses and development standards of the Rural Residential 5 (RD-5) zoning district until the property owner decides to develop the property and have it zoned appropriately. The City has received several inquiries regarding platting some properties located on the east side for Swisher Road for residential use, however the proposed lots do not comply with the RD-5 district minimum lot requirement of 5 acres, thus necessitating the need to have the area zoned to a more appropriate zoning district. SURROUNDING ZONING AND LAND USES: North: Property to the north is zoned Neighborhood Residential 6 (NR-6) and Neighborhood Residential Mixed Use 12 (NRMU-12). There are also property still in the county, Extra- Territorial Jurisdiction (ETJ). The area zoned NRMU-12 is an equestrian training center and horse breeder. The property zoned NR-6 is undeveloped. East: Property to the east is zoned PD-132 and is developed as the Preserve at Pecan Creek. The uses include single family residences and an elementary school. South: Property to the south is zoned PD-132 and is developed as the Preserve at Pecan Creek. West: Property to the west is zoned Neighborhood Residential 6 (NR-6), and Neighborhood Residential Mixed Use 12 (NRMU-12). The property zoned NR-6 is a future residential development, Villages of Carmel. COMPREHENSIVE PLAN: Per the Future Land Use Map (FLUM) in Denton Plan 2030, the subject area is divided into three separate land use designations. The land located on the east side of Swisher Road is designated Low Density Residential. The property located on the west side of Swisher Road is designated Moderate Density Residential and the property located at the northwest corner of the intersection of Pockrus Page Road and Swisher Road is designated Neighborhood Mixed Use. Additionally, Planning Report Staff Initiated Rezoning Page 2 of 6 the in Denton Plan 2030. Low Density Residential Per the Future Land Use Map in Denton Plan 2030, the land located on the east side of Swisher Road neighborhoods located in rural fringe areas. Lot sizes range from one acre or more with an average gross density of four units per acre. Development consists of one to two story residences with private driveways, and open space consisting of privately-maintained tree canopy and yards. Building and driveway orientation, as well as building materials and garage locations vary by neighborhood or subdivision. Typically, these neighborhoods are linked by internal circulation systems with limited access to local and connector roads. Development criteria of the Low Density Residential Land Use include: a. Development may include single-family residential development of up to quarter acre (10,890 square feet) lots. b. Development should be contiguous with existing developed areas of the city and consistent with the Preferred Growth Concept. c. A variety of housing styles, types and prices with large, newly developed neighborhoods is encouraged. d. Within established residential areas, new development should respond to existing development patterns, and design standards. e. New residential development should be organized to promote walkability, access to parks, open space, and recreation amenities and ideally should locate all residences within a five to ten minute walking distance from neighborhood-serving retail and other amenities such as parks and school facilities. f. Compact developments that include clustered, small lots with substantial retained open space are encouraged. g. Urban agriculture is encouraged. h. Places of worship, parks, and open space are allowed by right. i. The character of this area should be maintained by ensuring that new development is sensitive to the surrounding built and natural context in scale and form as described above. Moderate Residential: Per the Future Land Use Map in Denton Plan 2030, the land located to the west of Swisher Road - -family neighborhoods. The density of Moderate Residential should range between four to twelve units per acre. Low-rise multifamily dwellings and townhomes may also be located in these areas so long as they maintain a scale, style, and building orientation complementary of the prevailing character of the area. This designation typically applies to areas within the central areas of Denton as a transition between established single-family neighborhoods and mixed-use or commercial areas that can accommodate greater density. Development Criteria of the Moderate Density future land use designation include: Planning Report Staff Initiated Rezoning Page 3 of 6 a. Development may include single-family development on small lots, duplexes, townhomes, and low-density multifamily dwellings. b. consistent with the Preferred Growth Concept. c. Residential development with a variety of housing styles, types, and prices that is compatible with adjacent development is encouraged. d. Infill development should respond to existing development with compatible patterns and design standards. e. New residential development should be organized to promote walkability, including sidewalks, and ideally should locate all residences within a five to ten minute walk from neighborhood-serving retail, parks, and schools. f. Urban agriculture is encouraged. g. Places of worship, parks, and open space are allowed by right. h. The character of this area should be maintained by ensuring new development is sensitive to the surrounding built and natural context in scale and form. Neighborhood Mixed Use The Neighborhood Mixed Use designation applies in areas of future development suited primarily to single-family development, but where neighborhood-serving retail and services are critical to achieving balanced, accessible neighborhoods. At these locations, a diverse mix of housing types and densities may also be accommodated. Ensuring that buildings are of the appropriate scale and intensity to complement the surrounding neighborhood and environment is critical. Future development in Neighborhood Mixed Use areas will complement and embrace existing, viable uses, and raise the standard of design to increase connectivity and mobility options, and create a sense of place to serve the neighborhood. Per Denton Plan 2030, development criteria of the Neighborhood Mixed Use designation include: a. The focus area of a neighborhood center contains facilities vital to the day-to-day activity of the neighborhood. A neighborhood center might contain a convenience store, small restaurant, personal service shops, daycare, and small offices. b. Development should be located close to existing or proposed residential development at a scale that can promote walking and bicycling. c. Vertical and horizontal mixed-use is encouraged. d. Moderate to high density residential use is allowed. e. Commercial uses should be programmed appropriately to serve a neighborhood-serving market and to be compatible with adjacent land uses. f. Development should be sited accessible to transit routes. g. Places of worship, schools, and parks and open space are allowed by right. h. The character of this area should be maintained by ensuring that new development is sensitive to the surrounding built and natural context in scale and form as described above. i. Proposals should be presented and reviewed according to the degree to which they achieve the goals of the Neighborhood Mixed Use future land use designation and may be the subject of Small Area Plans, where necessary. Planning Report Staff Initiated Rezoning Page 4 of 6 Focus Areas The Denton Plan 2030 provides for the creation of specific focus areas as shown on the Focus Areas Map. Specifically, Goal CC-4 states that the City should achieve exemplary urban design in centers, and land uses. Through the creation of an Urban Design Plan, specific design regulations should be developed for specific visually distinct areas. These regulations can be established though the preparation of a Small Area Plan with unique recommendations for land use, urban design, circulation, and public realm improvements which would then be implemented through the adoption of corresponding Overlay Districts, unique to each area. CONSIDERATIONS: 1. Post Oak is designated as a primary arterial roadway and Edwards Road is designated as a collector street on the City of Denton Mobility Plan. The future extension of Post Oak along western edge of subject site will intersect with Edwards Road. 2. The existing roadway system is not constructed to city standards. As such, the future development of the Village of Carmel may affect traffic on the surrounding street system, most notably along Edwards Road and Swisher Road until the planned extension of Post Oak Road is completed. 3. The Villages of Carmel ESA Mitigation area and a proposed city park and a tree park are located at southwest corner of Edwards Road and Swisher Road, along with an existing equestrian center are located within an identified Center Focus Area. 4. Denton Plan 2030 states that Focus Areas will require specific urban design standards to create a visually distinctive community hub. 5. Environmentally Sensitive Areas (ESA) are present on the site located at the southwest corner of the intersection of Edwards Road and Swisher Road, and the large tract of land located at the northwest corner of the intersection of Edwards Road and Swisher Road. Stream buffer ESA is also shown to be located on the southern edge of the platted mobile home park. An ESA assessment and possible mitigation would be required prior to the development of any of these properties. 6. Water is currently available along Swisher Road, south of Edwards Road. Sewer is not available at this time. 7. The majority of the tracts located on either side of Swisher Road are developed. This development is mainly comprised of single family residences and mobile homes, with some agricultural uses such as an equestrian center/horse stable and open pasture. Some of the undeveloped tracts are being used as storage yards. ATTACHMENTS: Zoning Map Future Land Use Map Mobility Plan Map Planning Report Staff Initiated Rezoning Page 5 of 6 Denton Plan 2030 Focus Areas Concept Map Final Plat of Villages of Carmel, Phase 5B (FP16-0002) Neighborhood Residential 1 (NR-1) Permitted Uses Neighborhood Residential 4 (NR-4) Permitted Uses Neighborhood Residential Mixed Use (NRMU) Permitted Uses Prepared By: Reviewed By: Cindy Jackson, AICP Ron Menguita, AICP Senior Planner Long Range Planning Administrator Planning Report Staff Initiated Rezoning Page 6 of 6 Swisher Road Rezoning Zoning Map Site Location IC-G NRMU-12 NR-4 ETJ RD-5X NR-6 PD NRMU 0205410820 Feet SITEETJNR-6PD µ IC-GNRMURD-5X Parcels NR-4NRMU-12 Roads Date: 6/27/2016 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. Swisher Road Rezoning Future Land Use Map Future Land Use Map Government / Institutional Moderate Residential Neighborhood Mixed Use Low Residential Parks / Open Space 0205410820 Feet SITECommunity Mixed Use Future Land Use µ Neighborhood Mixed Use Low Residential Parcels Government / Institutional Moderate Residential Roads Parks / Open Space Regional Mixed Use Date: 6/22/2016 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. Swisher Road Rezoning Mobility Plan Map Mobility Map ! CHAPARRAL 0230460920 Freeway Feet SITE Primary Arterial µ Secondary Arterial Collector !! Roads Future Primary Arterial Future Collector !! Parcels Railroad Date: 6/30/2016 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. DENTON PLAN 2030 4 FIGURE 4.1: Focus Areas Concept page 118 118 Neighborhood Residential 1 Permitted Uses RESIDENTIAL: P Agriculture, Single-family Dwellings, Community Homes for the Disabled L(7) Livestock L(1), SUP Accessory Dwelling Units COMMERCIAL: P Home Occupation, Outdoor Recreation L(38) Temporary Uses SUP Equestrian Facilities INDUSTRIAL: L(14) Veterinary Clinics L(27) Gas Wells L(37) Kennels INSTITUTIONAL: P Parks and Open Space, Churches L(25) Basic Utilities L(41) WECS (Free Standing Monopole Structure) L(42) WECS (Building Mounted 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(14) Uses are limited to no more than 10,000 square feet of gross floor area. 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(37) Five acre minimum land area required and no more than 25 kennels per acre allowed, included indoor and outdoor runs. A natural buffer stil is required adjacent to any residential use. L(38) Must meet the requirements of Section 35.12.9. L(41) Lots where the proposed WECS will be located shall have a minimum lot area of two acres. A maximum of one WECS is permitted by right. Multiple WECS are permitted only with approval of an SUP. L(42) Building mounted WECS may not extend higher than 10 feet above where the WECS is mounted on the building. The height shall be measured from the base of the WECS where it is mounted on the building to the highest point of the arc of the the building to the highest point of the WECS. Neighborhood Residential 4 Permitted Uses RESIDENTIAL: P Agriculture, Single-family Dwellings, Community Homes for the Disabled L(1), SUP Accessory Dwelling Units L(3) Duplexes L(7) Livestock SUP Attached Single-family Dwellings COMMERCIAL: P Home Occupation, Outdoor Recreation L(38) Temporary Uses INDUSTRIAL: L(27), SUP Gas Wells INSTITUTIONAL: P Parks and Open Space, Churches L(25) Basic Utilities SUP Semi-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(3) In a subdivision of two acres or more, up to two units may be attached by a common wall if the lots which contain the attached structure do not abut the perimeter lot lines of a subdivision, the individual common wall units are on separate lots designed to be sold individually, and the comply with Subchapter 13. Additionally, units must have the appearance of a single- family residence from the street. 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 Mixed Use (NRMU) Permitted Uses RESIDENTIAL: P Dwellings Above Businesses, Live/Work Units, Community Homes for the Disabled L(7) Livestock L(40) Attached Single-Family Dwellings L(4), SUP Multi-Family Dwellings SUP Group Homes SUP Fraternity or Sorority House SUP Dormitory COMMERCIAL: P Home Occupation, Hotels, Bed & Breakfast, Laundry Facility L(17) Retail Sales and Service, Professional Services and Offices L(11) Restaurant or Private Club L(14) Administrative or Research Facilities, Broadcasting or Production Studio L(38) Temporary Uses SUP Drive-through Facility, Quick Vehicle Servicing, Outdoor Recreation INDUSTRIAL: P Veterinary Clinics L(21) Bakeries L(27), SUP Gas Wells INSTITUTIONAL: P Community Service, Parks and Open Space, Churches, Semi-Public Halls, Clubs, and Lodges, Adult or Child Day Care, Kindergarten, Elementary School, Middle School, Elderly Housing, Medical Centers L(25) Basic Utilities L(14) Business/Trade School SUP High School, WECS (Free-standing Monopole Support Structure), WECS (Building Mounted) P = Permitted, L(#) = Permitted with a Limitation, SUP = Specific Use Permit LIMITATIONS: L(4) Multi-Family is permitted only: 1. With a Specific Use Permit (SUP), 2. As part of a Mixed-Use Development; or 3. As part of a Master Plan Development, Existing; or 4. If the development received zoning approval allowing multi-family use with one (1) year prior to the effective date of Ordinance No. 2005-224; or, 5. If allowed by a City Council approved neighborhood (small area) plan. 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(11) Limited to sit down only, and no drive up service permitted. Limited to no more than one hundred (100) seats and no more than four thousand (4,000) square feet of restaurant area. L(14) Uses are limited to no more than ten thousand (10,000) square feet of gross floor area. L(17) Uses that exceed twenty-five thousand (25,000) square feet of gross floor area per use require approval of a SUP. L(21) Baking and Bottling areas not to exceed two thousand five-hundred (2,500) square feet. Sales on premise of products produced required in the same zone. 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 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-1059,Version:1 Agenda Information Sheet DEPARTMENT:Finance ACM:Bryan Langley Date:August 16, 2016 SUBJECT Receiveareport;holdadiscussion,andgivestaffdirectionregardingtheFY2016-17CityManager’s Proposed Budget, Capital Improvement Program, and Five-Year Financial Forecast. BACKGROUND TheFY2016-17CityManager’sProposedBudgetwassubmittedtotheCouncilonJuly29,2016.Staff providedtheCityCouncilwithacomprehensiveoverviewoftheproposedbudgetataBudgetWorkSessionon August4,2016.Inaddition,theCityCouncilheldaworksessionontheproposedbudgetonAugust9,2016. Duringthesemeetings,theCityCouncilaskedanumberofquestionsandrequestedavarietyofinformation concerningtheproposedbudget.ThepurposeofthisagendaitemistoprovidetheCityCouncilwithanswersto thesediscussionsregardingtheproposedbudgetandallowadditionalopportunityforquestionsanddialogue. Amemorandumthatsummarizestherequestswereceivedandtheresponsesthatwehavebeenabletocompile are attached along with a brief presentation. Below is the schedule we will follow to adopt the budget and tax rate: st August 231Public Hearing on Tax Rate nd September 132 Public Hearing on Tax Rate Public Hearing on Proposed Budget September 20City Council Adopts Budget and Tax Rate Ilookforwardtodiscussingthebudgetmaterialsindetailwithyou.Ifyouhaveanyquestions,orneed additional information, please let me know. 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: City of DentonPage 1 of 2Printed on 8/12/2016 powered by Legistar© File #:ID 16-1059,Version:1 Related Key Focus Area:Organizational Excellence Related Goal:1.1 Manage financial resources in a responsible manner EXHIBITS Exhibit 1- Memorandum of Responses Exhibit 2- Presentation Respectfully submitted: Chuck Springer, 349-8260 Director of Finance City of DentonPage 2 of 2Printed on 8/12/2016 powered by Legistar© Finance Department * 215 E. McKinney * Denton, TX 76201 (940) 349-8224 * DFW Metro (972) 434-2259 * Fax (940) 349-7206 MEMORANDUM DATE: Aug 16, 2016 TO: Honorable Mayor and Members of the City Council FROM: Chuck Springer, Director of Finance SUBJECT: CityCouncil Budget Questionsand Responses Information regarding the FY 2016-17Proposed Budget and Five Year Forecast was presented to th the City Council on August 4. Below is a summary of the questions and requests, from the City Council as I understand them, and the responses compiled to date. For the items that require further research, we will provide additional information at a future City Council meeting. 1. Please provide a breakout of Convention and Visitors Bureau hotel occupancy tax funding request and recommended funding. Please also provide guidelines for the use of hotel occupancy taxes. On August 2, 2016, the Hotel Occupancy Tax Committee recommended total funding for increase in funding of $167,600 from the prior recommendation to afford the CVB the flexibility to allocate the proposed increase between General Advertising and Convention & Group Sales & Servicing. The Committee further recommended that there be no increase to the Welcome Center funding. The Welcome Center funding is to remain at $200,000. Attachment 1 and HOT Committee Recommendation for FY 2016-17. s is in Attachment 2. 2. Please provide information regarding the liability for early cancelation of the Red Light Camera contract. The City of Denton is under contract with Redflex Traffic Systems for the operation of the Red Light Camera program through May 2019. The City pays a flat monthly fee of $4,870 for each camera. There are currently 13 cameras in operation in the City, resulting in a monthly expenditure of $63,310. In addition, 50% of the annual revenues, less allowable expenses, are remitted to the State per State law. In FY 2014-2015, the City remitted approximately $660,000 to the State. 1 Question and Answer Memorandum Aug 16, 2016 Page 2 of 9 Under the provisions of the red light camera contract, if the State legislature passes a law that removes the ability of the City to operate a red light camera program, there is no obligation to the City to continue paying for any remaining months of the contract. Similarly, if a Court were to make a ruling that the red light camera program (or Chapter 707 of the Transportation Code) was unconstitutional, the City has no obligation to pay for any remaining months of the contract. Outside of these two provisions, the City is responsible for the terms of the contract. Of primary concern would be the potential for a legislative action that required individual cities to hold a referendum election in order to operate a red light camera program. In similar referendums in several cities previously, voters have rejected the use of the camera systems. In this scenario, a referendum vote would likely occur in November of 2017. If the voters decided to end the program, there would be approximately eighteen (18) months remaining on the contract at a total cost of just under $1,140,000. The fund balance is projected to be $1.236 million on September 30, 2017. 3. Please provide financial projections for the Airport Fund. Attachment 3 includes a five-) based on the City -17 Proposed Budget and a five- assumes no changes to the Airport Fund. As reflected in the Status Quo forecast, the Airport Fund would deplete its fund balance by the end of FY 2018-19 based on revenue -17 Proposed Budget (approximately $450,000 for FY 2016- 17) be paid by the General Debt Service Fund. In addition, the Airport Fund would also (approximately $60,000 annually). With these changes and as reflected in the Proposed Budget forecast, the Airport Fund should continue to remain financially sustainable through FY 2020- 21. 4. Please provide information on the replacement of the Development Plan Line fund reserves for the Water and Wastewater Funds in a single year versus over four years. In FY 2015-16, the entire $1,000,000 balance in the development plan line reserve for the Water Fund and approximately $865,000 of the $1,000,000 balance in the development plan line reserve for the Wastewater Fund were appropriated as part of a reimbursement grant with the Denton - Tarrant PRW, LLC (Winco / Ranger One). Details of this grant agreement are specified in Ordinance 2015-170. Resolution R91-008 (Attachment 4) establishes specific parameters for the allocation and accumulation of development plan line reserves. Specifically, the Funding Policy section of the R91-008 states that: During its annual review of the Utility Department's Capital Improvements Plan (CIP), the Public Utilities Board shall consider the allocation of up to $500,000 annually to 2 Question and Answer Memorandum Aug 16, 2016 Page 3 of 9 finance the construction of infrastructure water or sewer lines. This allocation shall consist of $250,000 from the Water CIP and $250,000 from the Wastewater CIP. That portion of each annual allocation that remains unobligated at close of the fiscal year shall carry forward into the following fiscal year. However, the cumulative total of said unobligated five-year Capital Improvements Plans (CIP) are presented to the Public Utilities Board during several budget meetings that occur during May through June each year. During the presentations this year, staff brought forward a recommendation to fund the development plan line reserves at the maximum amount allowed by Resolution R91-008 for the Water Fund ($250,000 per year) and a recommendation to fund the Wastewater Fund at $200,000 per year. The goal of both recommendations is to rebuilding both development plan line reserves to the previous levels of $1,000,000 each over the course of four fiscal years. The Public Utilities Board unanimously recommended approval of this approach as a part of the overall recommendation for the CIP and Budget approval on June 27, 2016. 5. Please provide fencing alternatives for the Police parking lot and options for road closures in proximity to this parking lot. In order to increase security for personal and police fleet vehicles in the parking lot adjacent to East Oak Street and Frame Street, security fencing with controlled access, lighting and camera monitoring have been researched. City code does not allow the use of chain link fencing, so wood cedar and wrought iron fencing were explored. Masonry was not considered due to cost at $210 per linear foot. The cost for these enhancements to the parking lot is estimated at $90,000 and would provide a good short-term security solution. A longer-term solution would involve restricting access, to the general public, to the back area of the police department. This could be accomplished through a road closure of Oak St. between Exposition and Frame St. However, there could be an impact to access to adjacent property owners and reduction in mobility circulation around City Hall East. Staff will continue to research the options, costs and impacts for security enhancements for this area. 6. Please provide information on the competitiveness of the City of Denton health plan. Information on the competitiveness of the City of Denton health plans is included in Attachment5andAttachment 6. 7. Please provide information on outsourcing versus City staffing of the Water Park concession stand. The Denton Water Works Park operates the Pineapple Delight concession stand during the 89 operating days of the season. Concessions are a vital part of the experience at Denton Water Works, in addition to being the second largest revenue stream behind admissions. 3 Question and Answer Memorandum Aug 16, 2016 Page 4 of 9 Concessions revenue has consistently exceeded operating expenses each fiscal year to produce a net profit of at least 34% of revenue. Prior Denton Water Works Park outsourcing Tropical Sno which provided a net profit of 15% - 25% of revenue. In addition to higher net profit, maintaining in-house concession operations allows for tighter financial controls, quality control of products,and service. WATER PARK CONCESSIONS STAND 5 YEAR REVENUE AND EXPENSE HISTORY 9ǣƦĻƓƭĻƭwĻǝĻƓǒĻ υЊЊЎͲЌЍЎ υЊЋЉͲЉЉЉ υЊЉЉͲЉЉЉ υБЎͲЏЎЍ υБЊͲЌЌЍ υАВͲЍЎЋ υАЎͲВЎВ υБЉͲЉЉЉ υЏЊͲАБВ υЎЍͲЊЊЍ υЎЋͲВВЉ υЎЊͲЋЌЌ υЏЉͲЉЉЉ υЌЌͲЏЌЉ υЍЉͲЉЉЉ υЋЉͲЉЉЉ υЉ ЋЉЊЊЋЉЊЋЋЉЊЌЋЉЊЍЋЉЊЎ 8. Please provide information on the impacts of a rate increase lower than five percent in the Water Fund for FY 2016-17. It is important to understand some of the issues that are driving rate increases in the Water Utility when considering this request. These issues are being experienced by water and wastewater utilities across the United States, and are resulting in national trends of increasing rates and utilities implementing various strategies to improve resiliency. Denton Utilities have adopted strategies to meet with these challenges, as outlined in the staff has included the Utilities Financial Strategies document, a summary of challenges being faced by water and wastewater utilities across the nation, a brief summary of the recently completed Water Utilities Rate Study, and the comparisons between Denton and other Water Utilities that is provided to the Public Utility Board as a part of the budget discussions each year. The last section of the response discusses the results of various options for reducing the proposed 5% rate increase for the Water fund. Utilities Financial Strategies The City of Denton Utilities have developed financial strategies to help guide budget decisions. Some financial strategies are common among all utilities, and some are specific to a particular utility. These details are outlined in the Utilities Financial Strategies 4 Question and Answer Memorandum Aug 16, 2016 Page 5 of 9 document, which is reviewed with the Public Utilities Board in February each year at the beginning of the budget process. The Board has an opportunity to suggest any changes to the document, and the document is brought back to the Board for formal approval as a part of the budget process later in the year. Staff performs research each year to ensure that the document reflects the current challenges that Denton utilities and utilities across the nation are facing. Examples of these challenges include aging infrastructure, managing operational and capital costs, aging workforce, increasing regulations, erosion of buying power due to inflation pressures, and the impacts of declining per capita water consumption. Most of these challenges produce upwards rate pressure, and due to the relatively large proportion of fixed costs associated with providing water service, there are only a few adjustments that can be made to the budgets to address these upwards pressures. Adjustments potentially include planned use of reserves, debt funding capital projects instead of revenue funding, choosing to defer necessary capital projects, or foregoing maintenance activities. The Utilities Financial Strategies document includes specific recommendations for the Water fund regarding reserve funding targets, targets for revenue funding versus debt funding capital, and specific targets for minimum debt coverage ratios (ratio of net income to total debt service). A copy of the current Financial Strategies document has been provided as a part of this response in Attachment 7. Water rate increases are part of a national trend wastewater utilities across the United States. These trends are due to a variety of factors, including declining per capita water consumption, aging infrastructure, increased regulations, and system growth. Staff has provided a recent articles (Attachment 8) that describes these trends in more detail. Analyses of national statistical data can also provide some insight. For example, the consumer price index (CPI) is often used to get a sense of average price increases being faced by the consumer on a national basis. However, the CPI representsall goods and services purchased for consumption by the reference population. Expenditures that make up the CPI are representative of more than 200 unique expenditure categories or series, arranged into eight major groups. Thus, to get a sense of national trends for a specific consumer cost, expenditures from the appropriate series should be analyzed. For Water and Sewer expenditures, the Water and Sewer Maintenance Series of the CPI is the appropriate metric. Analyses of the Water and Sewer Maintenance Series of the CPI indicates that water and sewer costs across the United States have been increasing at an average rate of approximately 4.1 to 6.4 percent per year since 2011, with an overall average increase from 2011 to 2015 being approximately 5.3% annually. These trends were featured in the recently completed (June 2015) City of Denton Water Utilities Cost of Service and Rate Design Study conducted by Burton and Associates. Attachment 9 shows the rate increases of Water and Wastewater funds compared to the Water and Sewer Maintenance Series from 1990 to 2015 (actual values) with trend lines showing the anticipated increases for each line in the future. As seen in the graph, Water increases were generally in line with the Water and Sewer CPI series from 1990 to 1994. However, from 1995 through 2006 (12 fiscal years) Water had no (0%) rate increases. This caused a large departure over time from the Water and Sewer Maintenance series CPI, and eroded the financial resources of the Water department. The small rate 5 Question and Answer Memorandum Aug 16, 2016 Page 6 of 9 increases in 2007 (2%), 2008 (3%), 2009 (3%), and 2010 (0%) were not enough to substantially change this trend. Ultimately, this situation resulted in the need for large rate increases over multiple years as follows: 2011(9%), 2012 (9.5%), and 2013 (8%). Staff then proposed more moderate rate increases in 2014 (4%) and 2015 (3%). These increases have helped the situation, but Water still remains substantially below the Water and Sewer Maintenance Series for this time period. Wastewater has a similar situation, although relatively recent increases in Wastewater rates have moved Wastewater closer to the Water and Sewer maintenance series level. Wastewater has gone through three cycles of zero rate increases, which occurred in 1985-1990 (not visible on the graph), 1997-2003, and 2007-2011. All three zero rate cycles were also followed by periods where substantial rate increases were needed. Water and Wastewater staff are currently managing the budget so that moderate but consistent annual rate increases occur. This approach ensures that these utilities will be able to keep up with rising costs, but minimizes the need to have large single (or multi-year) rate increases. This concept is included as part of the financial objectiv incrementally adjusted to achieve revenue targets over multi-year periods in order to Recommendations of rate consultant and staff responses As a procedural requirement, Water and Wastewater Utilities cost of service and rates are reviewed annually by staff. An external consultant performs a Cost of Service and Rate Design Study at approximate five year intervals. As stated above, Burton and Associates completed the Water Utilities Cost of Service and Rate Design Study in June 2015. As a part of this study, Burton and Associates provided presentations to the Public Utility Board concerning the study results and recommendations during the 2015-16 budget process. The rate options recommended by Burton and Associates included the following increases for Water Utilities: FY16FY17FY18FY19FY20FY21 7.0%7.0%7.0%2.0%2.0%2.0% Burton and Associate included a second option for rate increases which decreased the proposed yearly rate increases, but required a larger rate increase in FY19 when compared to their proposed recommendation. FY16FY17FY18FY19FY20FY21 5.75%5.75%5.75%5.75%2.0%2.0% The decrease in initial rates in this second option required shifting some Capital Improvement Plan funding from revenue funding to debt funding, which increased debt expenditures in the long term and resulted in Denton not progressing towards the revenue funded capital goals outlined in the financial strategies document. Staff analyzed the recommendations and modeling information from the rate consultant and attempted to reduce the magnitude of rate increases as directed by the Public Utility 6 Question and Answer Memorandum Aug 16, 2016 Page 7 of 9 proposed (FY17-21) rates are: FY16FY17FY18FY19FY20FY21 5.0%5.0%4.0%3.0%2.0%3.0% by the rate consultant, will provide the resources necessary to meet the operational requirements of the Water Utility and maintain the financial goals of the Utility as listed in the Financial Strategies document. It should be noted, however, that the ability to accurately predict expenses generally decreases with longer forecasting timeframes. Since it is impossible to predict future weather patterns, staff uses an providing forecasts. Since both future expenses and future weather patterns will influence the Water budget, the rate increase estimates provided in the forecast should be considered for planning purposes only. However, staff presents the previously estimated rate increase and the currently proposed rate increase to the Public Utility Board as a part of the budget presentations during each budget cycle. If differences exist between the previously estimated and proposed rate increases, staff provides information to Board as to why these differences exist. This information in turn becomes a component of the decision making Comparisons with local and regional utilities During each budget cycle (usually in July), Water utilities provides the Public Utility Board rates local and regional water utilities. Comparisons are provided using the cost for the average residential and commercial customers. During late fall (usually November), staff provides a similar comparison using the adopted Denton rate and the adopted rates of all other utilities. For fall 2015 (FY16), the average increase for the residential customers for those utilities that increased rates was 5.4%. For the entire group (those that increased rates and those that did not), the average was 2.5%. Denton water utilities has maintained its same general location on this graph for the last 5 years, with slight deviations on a yearly basis. This indicates that the rate increases adopted by Denton are similar to the rate increases adopted by the comparison group. An example of the 2015 comparison graphs are provided as Attachment 10and Attachment 11. Modification of the recommended Water rate increase Because a large amount of Water expenses are fixed expenses, there are limited adjustments that can be made to the budget to decrease the proposed 5% rate increase for FY17. For the purpose of this analysis, staff assumes that there will be no modifications to the operating budget. Staff is making this assumption because the operating budget uses an average year for planning purposes. As a result, when consumption patterns result in lower water usage than planned (due to weather and declining water use) reserves are used to cover any budget shortfalls. Annual or multiple year revenue losses due to weather can be significant. For example, during the timeframe from 2002 to 2015, the largest 7 Question and Answer Memorandum Aug 16, 2016 Page 8 of 9 annual loss for Water was $3,920,999 and the largest 2 year loss was $7,142,046. Conversely, when consumption patterns exceed estimates (as can occur during a dry year), reserve levels are increased. Under this assumption, the revenue shortfall associated with the action of reducing the proposed FY17 rate increase will have to be covered by either the reserve fund, decreases in the revenue funding component of capital projects, or deferring planned capital projects. The use of reserve funds is contrary to reserve fund policies outlined in the Financial Strategies, which state that that reserves can be used for decreasing rates only when the reserve balance has exceeded the target level and is projected to continue above the target level for the next two to three years. Decreasing the revenue funding component of capital projects can result in short term rate relief, but will result in larger longer term upwards rate impacts due to the compounding interest associated with the incurred debt. The revenue funded goals for the Water fund is 100% of annual transmission and distribution infrastructure replacement costs, and 25% of annual plant replacement costs. The Water fund is currently meeting the goal for plant replacement costs, but has not met the goals for transmission and distribution infrastructure (see Attachment 12, FY16-20 CIP series). The refunding of outstanding Utility System Revenue Bonds and the associated bond covenant obligated cash (approximately $7.5 for the Water fund) have helped this situation (see Attachment 12, FY17-21 CIP series). However, revenue funded capital goals are not being met even with these one-time funds, and any decreases in the revenue funded component of the capital improvement program will move the Water Utility further away from meeting these goals. Deferring planned capital projects can also provide rate relief in the short term, but can have longer term rate implications in the form of increased debt or emergency cash funding for a large unplanned capital expenditure. It is important to point out that staff has already analyzed future capital needs and has used the approach of deferring capital projects as a means of decreasing the proposed Water rates below the recommendations of the rate consultant. Staff feels that the choices already made to defer capital projects represents a prudent balance between defer additional capital projects as a future rate reduction strategy is minimal without increasing risks to the system. It is possible to maintain all aspects of the 5 year budget as currently planned and decrease the proposed rate increase of 5% for the upcoming fiscal year. The approach would allow the Water Utility to continue to work towards meeting financial objectives and would maintain the current level of system risks. However, this approach is only possible by having larger rate increases in future fiscal years. The following table provides an analyses comparing the upcoming fiscal year proposed rate increase of 5% (and associated rate increases in the 5 year pro forma) to a proposed rate increase of 3% and the associated future rate increases that are needed to generate sufficient revenue to cover projected expenses (referred to as Option 2). It should be noted that there are many rate increase iterations possible for this scenario, and staff has chosen to program a larger rate increase earlier in the 5 year cycle to minimize the need for even larger rate increases in subsequent years. As can be seen in the table, this approach results in a lower rate increase for the first year, but larger rate increases in FY18 and FY20. The net increase over the entire 5 8 Question and Answer Memorandum Aug 16, 2016 Page 9 of 9 year period is approximately 1.13% larger under Option 2 compared to the currently proposed approach. FY17FY18FY19FY20FY21Net Avg. IncreaseIncrease Option 1:Proposed5.0%4.0%3.0%2.0%3.0%18.17%3.4% Option 2: Lower increase inFY173.0%6.0%3.0%3.0%3.0%19.30%3.6% 9 Attachment 1 Back Denton Chamber of Commerce Convention and Visitors Bureau Program Year 2017 Budget HOT Committee AdoptedRequestedRecommended FY 2015-16FY 2016-17FY 2016-17 Advertising General Administration: Salaries & Benefits$ 162,000 $ 165,000$ 162,000 Liability Insurance 800 800 800 Travel & Training 16,000 10,000 16,000 Memberships & Subscriptions 8,000 9,000 8,000 Computer Equipment 30,000 35,000 30,000 Copy Machine 5,000 6,000 5,000 Office Supplies 3,500 5,800 3,500 Telephones 15,000 17,000 15,000 Postage 6,000 6,500 6,000 Office Rent (Increase) 15,150 16,155 15,150 261,450 271,255 261,450 Program Disbursements: Print Advertising $ 50,000$ 85,000$ 50,000 DentonRadio.Com 12,000 12,000 12,000 Internet Marketing 30,000 40,000 30,000 Tourism Promotional Material 10,000 10,000 10,000 Brochures 10,000 15,000 10,000 Travel & Trade Shows 20,000 24,000 33,000 Tourism & PR Services 7,000 9,000 7,000 Event Magazine 60,345 65,000 60,345 Event Magazine Distribution 3,500 12,000 3,500 202,845 272,000 215,845 Communications & Social Media Salaries & Benefits$ 180,000 $ 180,000$ 180,000 Memberships & Professional Development 10,000 12,000 10,000 Website (maintenance, updates, 3 new apps) 10,000 15,000 10,000 Communications (eNewsletter, email outreach) 2,500 2,400 2,500 76,000 92,000 76,000 278,500 301,400 278,500 Convention & Group Sales & Servicing Salaries and Benefits 111,000 175,000$ 196,600 Travel & Training 10,500 10,000 10,500 Electronic Advertising 8,000 41,900 8,000 Sales & Marketing Missions 1,000 34,000 16,500 Trade Shows & Conferences 7,500 34,500 7,500 Research, Mining, Lead Gen & Tracking 6,000 27,100 14,100 Site Visits & Fam Tours 1,000 8,000 1,000 Servicing 1,000 2,500 1,000 Bid Fees 500 20,000 20,500 Memberships & Professional Development 2,000 1,650 2,000 148,500 354,650 277,700 Group Tour Marketing: Electronic Advertising$ 4,500$ 5,500$ 29,900 Sales & Marketing Missions 5,000 6,000 5,000 Trade Shows & Conferences 12,000 12,000 12,000 Site Visits & Fam Tours 1,500 3,000 1,500 Servicing 1,000 1,000 1,000 Memberships & Professional Development 2,100 2,050 2,100 26,100 29,550 51,500 10 Attachment 1 Denton Chamber of Commerce Convention and Visitors Bureau Program Year 2017 Budget HOT Committee AdoptedRequestedRecommended FY 2015-16FY 2016-17FY 2016-17 Downtown Welcome Center & Denton Store: Lease$ 57,500$ 57,500$ 57,500 Computer Equipment 6,000 8,000 6,000 Operations & Maintenance 12,000 15,000 12,000 Insurance 5,000 7,500 5,000 Office Supplies 6,000 6,000 6,000 F/T Manager 60,000 66,000 60,000 Professional Development 4,000 - P/T Assistant & Paid Interns 30,000 84,000 30,000 Beginning Merchandise 23,500 - 23,500 200,000 248,000 200,000 Total 1,117,395 1,476,855 1,284,995 11 Attachment 2 Back CITY OF DENTON Hotel Occupancy Tax Program 2017 I.PURPOSE To actively promote Denton as a tourist destination. II.ELIGIBILITY A. Must be based in the City of Denton. Must present, perform, exhibit, conduct workshops or provide services and other activities that promote tourism and the hotel and convention industry. B. Must be a governmental entity or a non-profit Texas corporation, federally tax-exempt under the Internal Revenue Code. C. Must demonstrate corporate good standing with the state of Texas at time of application. D. Must have a history of continuous, stable programming prior to the application date. E. Must have an active governing body. F. Must have programming, administrative practices and board membership that does not discriminate on the basis of race, color, national origin, sex, or handicap. G. If previously funded, applicant must have successfully fulfilled all prior contracts. III.USE OF HOTEL FUNDS There is a two-part test that every expenditure of local hotel occupancy tax must pass to be valid. First, the revenue derived from the tax authorized by Tax Code 351.101(a) shall be expended in a manner directly enhancing and promoting tourism and the convention and hotel industry as permitted by Subsection (a). That revenue may not be used for the general revenue purposes or general governmental operations of a municipality. The second part of the test is that all expenditures must clearly fit into one of the eight statutorily provided categories for expenditures of local hotel occupancy tax revenues. These six categories are as follows: 12 Page 1 of 6 Attachment 2 A. Convention & Visitor Information Centers - Funding theacquisition of sites for and the construction, improvement, enlarging, equipping, repairing, operation, and maintenance of convention center facilities or visitor information centers, or both. B. Conventions - Funding the furnishings of facilities, personnel, and materials for the registration of convention delegates or registrants. C. Advertising - Funding for advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity. D. Arts - Funding for the encouragement, promotion, improvement, and application of the arts, including instrumental and vocal music, dance, drama, folk art, creative writing, architecture, design and allied fields, painting, sculpture, photography, graphic and craft arts, motion pictures, radio, television, tape and sound recording, and other arts related to the presentation, performance, execution, and exhibition of these major art forms. E. Historical - Funding for historical restoration and preservation projects or activities or advertising and conducting solicitations and promotional programs to encourage tourists and convention delegates to visit preserved historic sites or museums 1) at or in the immediate vicinity of convention center facilities or visitor information centers, or 2) located elsewhere in the municipality or its vicinity that would be frequented by tourists and convention delegates. F. Sporting Events - Funding for a municipality located in a county with a population of 1,000,000 or less, expenses, including promotion expenses, directly related to a sporting event in which the majority of participants are tourists who substantially increase economic activity at hotels and motels within the municipality or its vicinity. G. Sports Facility/Fields - Funding the enhancement or upgrading of existing sports facilities or sports fields (baseball, softball, soccer and flag football). The municipality must own the sporting facility, meet specific population criteria and the field/facility must have been used a combined total of more than 10 times for district, state, regional, or national sports tournament in the preceding calendar year. Does not apply to the City of Denton. H. Transportation - Funding transportation systems for tourists. A municipality of any size may cover the costs for transporting tourists from hotels to nearby tourism venues. The transportation system must be owned by and operated by the city, or financed in part by the city. IV.ADDITIONAL USES OF HOTEL FUNDS Expenditures listed below are allowable for organizations, to the extent that such expenditures are used exclusively to attract tourists and convention delegates or registrants to the municipality or its vicinity as governed by the State Tax Code 351.101 (a). These special allowance expenditures may not be used for the benefit of local businesses or individuals, and the benefit to tourism may not be indirect or incidental, but must be direct or purposeful. A. Administrative Expenses - Hotel occupancy tax revenue spent for the purpose authorized by Tax Code 351.l01 may be spent for day-to-day operations, supplies, salaries, office rental, travel expenses, and other administrative costs only if those administrative costs are incurred directly in the promotion and servicing expenditures authorized under Section 351.101 (a). If a municipality or other public or private entity that conducts an activity authorized under section 351.l01 (a) conducts other activities that are not authorized under 351.101 (a), the portion of the total administrative costs of the entity for which local occupancy tax revenue may be used may not exceed the portion of those administrative costs actually incurred in conducting the authorized activities. 13 Page 2 of 6 Attachment 2 For Example: Organization A has a total operating budget of $500,000 which consists of $250,000 for administrative expenses, $100,000 for advertising, and $150,000 for stages, lighting, and artists. Under this example, 50% ($250,000/$500,000) is their eligible proportion for administrative expenses, only if at least 50% is devoted to the event and promotes tourism and the hotel and convention industry. Therefore, assuming the committee approves a $100,000 budget from Hotel Occupancy Tax Funds, $50,000 ($100,000 X 50%) of this budget may be spent for administrative expenses. The following expenses may be incurred, but may not exceed the eligible proportion, as authorized under 351.101 (e): salaries, supplies, equipment, fixed assets, utilities, event insurance, communications, technology, office space, janitorial maintenance & supplies, non-local printed matter such as newsletters, applications, and entry forms, etc. Requests for administrative expenses, including the purchase of fixed assets and equipment, mus t be provided in detail to the committee for consideration during the application process. B. Promotion Expenses - Expenditures for food and beverages for meetings and special events and promotional items may be funded if the focus of that event or meeting directly promotes and services expenditures authorized under Section 351.101 (a). If a municipality or other public or private entity that conducts an activity authorized under section 351.l01 (a) conducts other activities that are not authorized under 351.101 (a), the portion of the total costs of the entity for which local occupancy tax revenue may be used may not exceed the portion of those costs actually incurred in conducting the authorized activities. Each entity that is ultimately funded by the tax shall, before making such expenditure, specify in a list each scheduled activity, program, or event that 1) is directly funded by the tax or has its administrative costs funded in whole or in part by the tax; and 2) is directly enhancing and promoting tourism and the convention and hotel industry. The listing of meetings and special events (and purpose) where expenses for food, beverages, or promotional items will be incurred must be provided in detail to the committee for consideration during the application process. V. LIMITATIONS OF HOTEL FUNDS Recipients are responsible for assuring compliance with all statutory, and other legal requirements applicable to receipt, use, expenditure and accounting of hotel tax revenues. No provision, restrictions, or lack thereof, in these guidelines shall excuse the failure of a recipient to comply with all such requirements. Hotel funds may not be used for the following: A. Funding to individuals; B. Reduction of deficits from, or expenditures related to, activities of previous or future fiscal, calendar, or program years; C. Capital improvements, except for those funded by the City through bonds or are historical restoration or preservation projects; 14 Page 3 of 6 Attachment 2 D. Contracted auditing, accounting, or bookkeeping fees; E. Landscaping; F. Travel for a person to attend an event or conduct an activity the primary purpose of which is not directly related to the promotion of tourism and the convention and hotel industry or the ent and professional manner; or G. Advertising materials that will be distributed inside the city limits of Denton. VI.RECIPIENT REQUIREMENTS A. In all publications (e.g., flyers, programs, brochures, press releases, advertisements, annual reports and all other mailing pieces), recipient shall acknowledge in some meaningful way that their organization is funded in part by the City of Denton. Such acknowledgement might take the form of inclusion on a donors list for particular events. Recipients are advised that usage of the official City logo is restricted by policy (505.02) and ordinance. Any use of the City logo must be coordinated with and approved by the appropriate City representatives, to ensure compliance with these standards. Written authorization must be obtained from the City Manager or their designee. B. An organization with whom a municipality contracts to conduct an activity authorized by section 351.101 (a) shall maintain complete and accurate financial records of each expenditure of hotel occupancy tax revenue made by the organization and, on request of the governing body of the municipality or other person, shall make the records available for inspection and review to the governing body or other person. All financial records and any other records relating to the contracts shall be subject to the requirements of the Public Information Act. Organizations must maintain and account for revenue provided from the tax authorized by section 351.101 (a) within one of the two forms of accounting listed below: 1. Maintain hotel occupancy tax funds in a separate checking account established for that sole purpose and may not commingle with any other money or in any other bank account or 2. Maintain segregated fund accounting, whereby the accounting of HOT revenues and expenditures may not be commingled with any other revenues and expenditures. The funds may be maintained in the same bank account. However, if the HOT funds are invested in an interest bearing account then a separate account must be established for that sole purpose and may not commingle with any other money. All interest earned on the invested account will be considered restricted Hotel Occupancy Tax funds. C. Payments to approved recipients will be made quarterly. The quarterly payments will be equal to 25% of the fixed contract amount unless the annual base revenue is less than originally estimated for the fiscal year. In this case, the fourth quarter payment will be adjusted accordingly. Payments th will be disbursed to recipients by the 25of the next month following the quarter end. Payment will not be made until the reports are completed and approved by the Finance Department. If during the program year the city finds that revenue receipts will not meet the estimated budget, fourth quarter allocations will be reduced for contracted recipients. Internal recipients will be required to reduce their expenditures as necessary during the last quarter of the fiscal year. The quarterly reports should include the following: 15 Page 4 of 6 Attachment 2 1. Complete financial report. 2. Copies of all HOT paid invoices OR listing of invoices including check number, vendor names, budget category, expenditure description and amount paid. (If a listing of invoices is provided, an audit may be performed on randomly requested invoices to determine program eligibility. 3. Front and back copies of all cleared HOT checks written for above invoices OR bank statements. D. Provide the Finance Department advance notice of local Board of Directors meeting schedule. E. Return any unused or ineligible monies to the City of Denton at the end of each contract period. F. Each required organization must have insurance coverage prior to the event. A copy must be filed with the Finance Department at least one week prior to the event. G.New applicants must attend a training session in the Finance Department prior to the beginning of the program year. VII.CONTRACT TERM The program period will commence on January 1 of the program year and terminate at midnight on December 31 of the same year. However, the contract period will commence on January 1 of the program year and terminate at midnight on January 31 of the following year. A thirty-day grace period is provided which allows recipients to finalize their reporting of expenditures. Either party may terminate the contract by virtue of sixty days written notice. Intra-city organizations that receive program funds will operate on a fiscal year that will commence on October 1 and terminate at midnight on September 30 of the program year. All Hotel Occupancy Tax expenditures must be completely incurred before the midnight deadline. VIII.COMMITTEE AND APPLICATION OVERVIEW The Hotel Occupancy Tax Committee is a sub-committee of the City Council. The Council will determine membership of the sub-committee. The following city staff serves as liaisons:the Assistant City Manager, Director of Finance, Assistant Director of Finance, Deputy City Attorney, and Treasury Services Specialist. The application process is summarized below. A. Applications are distributed to all current and past recipients and to other organizations requesting Hotel Occupancy Tax funding. B. All applications must include: a proposed budget which details the plan for expending all monies requested, financial statements from at least two previous years, letter of determination certifying tax-exempt status under the Internal Revenue Code, current W-9, poof of current status as a non- profit Texas corporation, a list of local Board of Directors, Officers, or Governing Body and schedule of meetings, constitutions and/or by-laws, a list of all prior year donations made by the organization, and a notice of events/schedules for which the hotel funds will be spent. If an organization is a current recipient during the application phase, the submission of the tax-exempt status letter and constitution and/or by-laws are required only if changes occurred since the last contract period. All applicants must provide a current W-9. C. All applications will be reviewed by staff for completeness and adherence to hotel occupancy tax state laws and program eligibility. 16 Page 5 of 6 Attachment 2 D. Applications are presented to the Hotel Occupancy Tax Committee for review. Any application that is late will be forwarded to the committee for review, but the committee has the discretion to reduce or deny funding of the requesting organization. E. An additional Hotel Occupancy Tax Committee meeting is tentatively scheduled for recipient presentations, if needed. F. The Hotel Occupancy Tax Committee approves or declines all or part of the requests for funding. G. ature. H. The contracts will be approved by the City Council at a regularly scheduled meeting in October. 17 Page 6 of 6 Attachment 3 Back AIRPORTFUND FiveYearForecast(inmillions) ProposedBudget 201516201617201718201819201920202021 EstimateProposedProposedProposedProposedProposed BEGINNINGFUNDBALANCE $3.40$2.45$2.37$2.15$1.74$1.16 REVENUES$1.22$1.47$1.48$1.39$1.33$1.28 TOTALAVAILABLERESOURCES$4.62$3.92$3.85$3.54$3.07$2.44 TOTALEXPENDITURES$2.17$1.55$1.70$1.80$1.91$2.03 NETINCOME(LOSS)($0.95)($0.08)($0.22)($0.41)($0.58)($0.75) ENDINGFUNDBALANCE $2.45$2.37$2.15$1.74$1.16$0.41 18 Attachment 3 AIRPORTFUND FiveYearForecast(inmillions) StatusQuo 201516201617201718201819201920202021 EstimateProposedProposedProposedProposedProposed BEGINNINGFUNDBALANCE $3.40$2.45$1.84$1.10$0.11$1.47 REVENUES$1.22$1.47$1.48$1.39$1.33$1.28 TOTALAVAILABLERESOURCES$4.62$3.92$3.32$2.49$1.22$0.19 TOTALEXPENDITURES$2.17$2.08$2.22$2.60$2.69$2.90 NETINCOME(LOSS)($0.95)($0.61)($0.74)($1.21)($1.36)($1.62) ENDINGFUNDBALANCE $2.45$1.84$1.10$0.11$1.47$3.09 19 Attachment 4 Back 20 Attachment 4 21 Attachment 4 22 Attachment 4 23 Attachment 4 24 Attachment 4 25 Attachment 4 26 Attachment 4 27 Attachment 4 28 Attachment 5 Back EXECUTIVE SUMMARY Staff reviewed information provided through the Metroplex Survey which consists of data from 12 cities. The City of Denton currently has two plans: Gold and Silver. Simply stated, the Gold plan has better benefits (lower deductibles, copayments, coinsurance percentage) with higher monthly premiums when compared to the Silver plan. Of the information provided in the survey, 12 cities had comparable plans Silver plan. (i.e. a fixed dollar copayment versus a percentage copayment since depending on the cost of the service, GOLD PLAN COMPARISON: Individual Deductible: This is the out-of-pocket amount that each individual on the plan would have to meet before the plan begins to pay a portion of the eligible expenses. $750. Of the plans compared: Lower individual deductible 3 Higher individual deductible - 8 Same individual deductible - 1 Family Deductible: -of-pocket expenses equaled would mean that all family members would have met their deductible for the year (even if an individual(s) had not done so). Of the plans compared: Lower family deductible 2 Higher family deductible 8 Same family deductible - 2 Employee Coinsurance: This is the percentage that the employee pays of eligible expenses after the deductible has been met. The employee coinsurance on the Gold plan is 10%. Of the plans compared: Lower coinsurance percentage 0 Higher coinsurance percentage 9 Same coinsurance percentage - 3 Individual Out-of-Pocket Maximum (OOP Max): Once this amount is met during the year, the plan begins to pay 100% of eligible charges. All out-of- pocket expenses accumulate toward this amount, including deductibles, coinsurance, office visit copayments, and prescription drug copayments. individual OOP Max on the Gold plan is $3,000. Of the plans compared: 1 29 Attachment 5 Lower individual OOP Max 1 Higher individual OOP Max 8 Same individual OOP Max 3 Family Out-of-Pocket Maximum (OOP Max): This benefit works just like the individual OOP Max, and like the family deductible it is cumulative for the entire family. Once the family OOP Max has been met the plan pays at 100% for the entire family. The Of the plans compared: Lower family OOP Max 1 Higher family OOP Max 8 Same family OOP Max - 3 Out-of-Network Benefits: This describes how the plan pays for services rendered by medical providers and facilities that are not in -of-network benefits beginning in 2016. Of the plans compared: Provide some level of benefit coverage for out-of-network providers and facilities 8 Eliminated out-of-network benefits - 4 Primary Care Physician (PCP) Office Visit Copayment: This is the amount an individual pays to see a PCP and is not subject to the deductible. copayment on the Gold plan is $15 for a United Healthcare Tier 1 physician and $25 for all others. Of the plans compared: Lower PCP copayment 0 Higher PCP copayment 8 Same PCP copayment - 4 Specialty Care Physician (SCP) Copayment: This is the amount an individual pays to see a SCP (orthopedic, neurologist, podiatrist, dermatologist, etc.) and is not subject to the deductible. SCP copayment on the Gold plan is $25 for a United Healthcare Tier 1 physician and $35 for all others. Of the plans compared: Lower SCP copayment 0 Higher SCP copayment 11 Same SCP copayment - 1 Urgent Care Copayment: This is the amount an individual p (CareNow, DRMC Urgent Care at Razor Ranch, etc.) and is not subject to the deductible. Typically the rgency Room. urgent care copayment on the Gold plan is $75. Of the plans compared: 2 30 Attachment 5 Lower urgent care copayment 7 Higher urgent care copayment 4 Same urgent care copayment 1 Emergency Room (ER): This is the amount an individual pays to access care at an ER (hospital and many free-standing ) and is not subject to the deductible. Typically this is the most expensive setting in which to receive care. In many situations, if the individual is admitted to the hospital from the ER, the copayment is waived. The ER copayment on the Gold plan is $300. Of the plans compared: Lower ER copayment 6 Higher ER copayment 5 Same ER copayment - 1 Out-Patient Surgery Coinsurance: This is the percentage that an employee pays of eligible expenses after the deductible has been met for surgery performed in an out-patient setting (typically less than 23 hours). -patient surgery coinsurance on the Gold plan is 10%. Of the plans compared: Lower out-patient surgery coinsurance percentage 4 Higher out-patient surgery coinsurance percentage 5 Same out-patient surgery coinsurance percentage - 3 Prescription Drug Deductible: This is the out-of-pocket amount that each individual on the plan would have to meet for prescription drugs before the plan begins to pay a portion of the eligible expenses. This is a separate deductible from the individual deductible and applies only to prescription drugs on Tiers 2, 3, and 4. The Ci prescription drug deductible on the Gold plan is $50. Of the plans compared: Lower prescription drug deductible 6 Higher prescription drug deductible 5 Same prescription drug deductible - 1 Prescription Drug Copayments (Retail): This is the amount an individual pays for a 30 day supply of a prescription drug at a retail pharmacy. formulary name brand (Tier 2), non-formulary name brand (Tier 3) or specialty medications (Tier 4). Of the plans compared: Tier 1 drugs - $10): o Lower prescription drug copayment 0 o Higher prescription drug copayment 3 o Not comparable 2 o Same prescription drug copayment 7 3 31 Attachment 5 Tier 2 drugs plan - $40): o Lower prescription drug copayment 6 o Higher prescription drug copayment 3 o Not comparable 2 o Same prescription drug copayment 1 Tier 3 drugs - $60): o Lower prescription drug copayment 5 o Higher prescription drug copayment 4 o Not comparable 2 o Same prescription drug copayment 1 Tier 4 (specialty) drugs the lesser of $125 or 20%): o Lower prescription drug copayment 7 o Higher prescription drug copayment 5 o Not comparable 0 o Same prescription drug copayment - 0 Prescription Drug Copayments (Mail Order): ions (blood pressure, hormones, etc.) that a person takes for an extended period of time. Like the 30-day supply at a retail name brand (Tier 2), non-formulary name brand (Tier 3) or specialty medications (Tier 4). Of the plans compared: Tier 1 drugs through mail order - $20): o Lower prescription drug copayment 0 o Higher prescription drug copayment 5 o Not comparable 2 o Same prescription drug copayment 5 Tier 2 drugs through mail order - $100): o Lower prescription drug copayment - 8 o Higher prescription drug copayment 1 o Not comparable 2 o Same prescription drug copayment 1 Tier 3 drugs through mail order - $150): o Lower prescription drug copayment 6 o Higher prescription drug copayment - 4 o Not comparable 2 o Same prescription drug copayment - 0 4 32 Attachment 5 Monthly Employee Premiums: This is the amount that is paid by an employee for healthcare coverage. The amount paid depends on the type of coverage the employee chooses, based on the status of dependents covered under the health plan. The City has four types of coverage available under the Gold plan: employee only (EO); employee + spouse (ES); employee + child or children (EC); and employee + family (EF). Of the plans compared: Employee Only Coverage - $84): o Lower monthly premium 8 o Higher monthly premium 3 o Same monthly premium 1 Employee + Spouse Coverage ld plan - $373): o Lower monthly premium 0 o Higher monthly premium 12 o Same premium 0 Employee + Child/Children Coverage - $302): o Lower monthly premium 5 o Higher monthly premium 7 o Same premium 0 Employee + Family Coverage - $532): o Lower monthly premium 2 o Higher monthly premium 10 o Same premium 0 SILVER PLAN COMPARISON: Individual Deductible: This is the out-of-pocket amount that each individual on the plan would have to meet before the plan begins $1,500. Of the plans compared: Lower individual deductible 4 Higher individual deductible - 4 Same individual deductible - 2 Family Deductible: This is -of-pocket expenses equaled would mean that all family members would have met their deductible for the year (even if an Silver plan is $3,000. Of the plans compared: 5 33 Attachment 5 Lower family deductible 2 Higher family deductible 6 Same family deductible - 2 Employee Coinsurance: This is the percentage that the employee pays of eligible expenses after the deductible has been met. Silver plan is 20%. Of the plans compared: Lower coinsurance percentage 3 Higher coinsurance percentage 2 Same coinsurance percentage - 5 Individual Out-of-Pocket Maximum (OOP Max): Once this amount is met during the year, the plan begins to pay 100% of eligible charges. All out-of- pocket expenses accumulate toward this amount, including deductibles, coinsurance, office visit ax on the Silver plan is $6,000. Of the plans compared: Lower individual OOP Max 6 Higher individual OOP Max 3 Same individual OOP Max 1 Family Out-of-Pocket Maximum (OOP Max): This benefit works just like the individual OOP Max, and like the family deductible it is cumulative for the entire family. Once the family OOP Max has been met the plan pays at 100% for the entire family. The n the Silver plan is $12,000. Of the plans compared: Lower family OOP Max 6 Higher family OOP Max 3 Same family OOP Max - 1 Out-of-Network Benefits: This describes how the plan pays for services rendered by medical providers and facilities that are not in As with the Gold plan, the City eliminated out-of-network benefits beginning in 2016. Of the plans compared: Provide some level of benefit coverage for out-of-network providers and facilities 6 Eliminated out-of-network benefits - 4 Primary Care Physician (PCP) Office Visit Copayment: This is the amount an individual pays to see a PCP and is not subject to the deduc copayment on the Silver plan is $25 for a United Healthcare Tier 1 physician and $35 for all others. Of the plans compared: 6 34 Attachment 5 Lower PCP copayment 4 Higher PCP copayment 2 Not comparable - 3 Same PCP copayment 1 Specialty Care Physician (SCP) Copayment: This is the amount an individual pays to see an SCP (orthopedic, neurologist, podiatrist, dermatologist, SCP copayment on the Silver plan is $35 for a United Healthcare Tier 1 physician and $45 for all others. Of the plans compared: Lower SCP copayment 2 Higher SCP copayment 3 Not comparable - 4 Same SCP copayment - 1 Urgent Care Copayment: (CareNow, DRMC Urgent Care at Razor Ranch, etc.) and is not subject to the deductible. Typically the cost of these services are greater than in a PCP urgent care copayment on the Silver plan is $75 (same as Gold plan). Of the plans compared: Lower urgent care copayment 4 Higher urgent care copayment 3 Not comparable - 1 Same urgent care copayment 2 Emergency Room (ER): This is the amount an individual pays to access care at an ER (hospital and many free-standing ) and is not subject to the deductible. Typically this is the most expensive setting in which to receive care. In many situations, if the individual is admitted to the hospital from the ER, the copayment is waived. The ER copayment on the Silver plan is $300 (same as Gold plan). Of the plans compared: Lower ER copayment 3 Higher ER copayment 0 Not comparable - 7 Same ER copayment - 0 Out-Patient Surgery Coinsurance: This is the percentage that an employee pays of eligible expenses after the deductible has been met for surgery performed in an out--patient surgery coinsurance on the Silver plan is 20%. Of the plans compared: Lower out-patient surgery coinsurance percentage 3 Higher out-patient surgery coinsurance percentage 3 Same out-patient surgery coinsurance percentage - 4 7 35 Attachment 5 Prescription Drug Deductible: This is the out-of-pocket amount that each individual on the plan would have to meet for prescription drugs before the plan begins to pay a portion of the eligible expenses. This is a separate deductible from the individual deductible and applies only to prescription drugs on Tiers 2, 3, and 4. The prescription drug deductible on the Silver plan is $50 (same as Gold plan). Of the plans compared: Lower prescription drug deductible 7 Higher prescription drug deductible 3 Same prescription drug deductible - 0 Prescription Drug Copayments (Retail): This is the amount an individual pays for a 30 day supply of a prescription drug at a retail pharmacy. formulary name brand (Tier 2), non-formulary name brand (Tier 3) or specialty medications (Tier 4). The copayments on the Silver plan are the same as those on the Gold plan. Of the plans compared: Silver plan - $10): o Lower prescription drug copayment 0 o Higher prescription drug copayment 1 o Not comparable 3 o Same prescription drug copayment 6 Silver plan - $40): o Lower prescription drug copayment 6 o Higher prescription drug copayment 1 o Not comparable 3 o Same prescription drug copayment 0 Silver plan - $60): o Lower prescription drug copayment 5 o Higher prescription drug copayment 1 o Not comparable 3 o Same prescription drug copayment 1 Silver plan the lesser of $125 or 20%): o Lower prescription drug copayment 5 o Higher prescription drug copayment 1 o Not comparable 4 o Same prescription drug copayment - 0 Prescription Drug Copayments (Mail Order): hormones, etc.) that a person takes for an extended period of time. Like the 30-day supply at a retail name brand (Tier 2), non-formulary name brand (Tier 3) or specialty medications (Tier 4). The copayments on the Silver plan are the same as those on the Gold plan. Of the plans compared: 8 36 Attachment 5 Silver plan - $20): o Lower prescription drug copayment 0 o Higher prescription drug copayment 2 o Not comparable 3 o Same prescription drug copayment 5 Silver plan - $100): o Lower prescription drug copayment - 6 o Higher prescription drug copayment 0 o Not comparable 3 o Same prescription drug copayment 1 Silver plan - $150): o Lower prescription drug copayment 6 o Higher prescription drug copayment - 1 o Not comparable 3 o Same prescription drug copayment - 0 Monthly Employee Premiums: This is the amount that is paid by an employee for healthcare coverage. The amount paid depends on the type of coverage the employee chooses, based on the status of dependents covered under the health plan. The City has four types of coverage available under the Silver plan: employee only (EO); employee + spouse (ES); employee + child/children (EC); and employee + family (EF). Of the plans compared: Silver plan - $40): o Lower monthly premium 6 o Higher monthly premium 4 o Same monthly premium 0 Silver plan - $130): o Lower monthly premium 1 o Higher monthly premium 9 o Same premium 0 Silver plan - $160): o Lower monthly premium 2 o Higher monthly premium 8 o Same premium 0 Silver plan - $216): o Lower monthly premium 1 o Higher monthly premium 9 o Same premium 0 9 37 Attachment 5 Attached is a detailed spreadsheet showing all the various benefit components from each of the survey cities. The first tab (Gold Plan Comp) compares the Gold equivalent plans and the second tab (Silver Plan Comp) compares the Silver equivalent plans. components with a lower co with a higher difficult to compare and the fields with no color show benefit components that are the same as the END REPORT 10 38 Attachment 6 page 1 Back Gold Health Plan Comparison Denton Gold PlanAllen Plan 1Arlington 1Ft. Worth Plan 1Frisco Plan 1Garland Plan 1Grand Prairie Plan 1 In-Network Benefits Deductible - Individual$750$500$1,500 $950$1,000$1,000$500 Deductible - Family$1,500$1000$3,000 $1,900$2,000$2,000$1,500 15% Tier 1 Preferred Providers/35% In-Network Coinsurance-Employee Portion10%10%20%20%10% / 20%10% Providers/ 20% Facility Out-of-Pocket Max - Ind$3,000$3,000$6,000$4,000$3,000$6,350$3,000 Out-of-Pocket Max - Family$6,000$6,000$12,000$8,000$6,000$12,700$6,000 Out of Network Benefits No out-of-network No out-of-network No out-of-network Deductible - IndividualNo out-of-network coverage$1,500$2,000$2,000 coveragecoveragecoverage Deductible - FamilyN/A$3,000N/AN/AUnlimited$4,000N/A Coinsurance-Employee PortionN/A30%N/AN/A40%40%N/A Out-of-Pocket Max - IndN/A$7,500N/AN/AUnlimited$12,700N/A Out-of-Pocket Max - FamilyN/A$14,000N/AN/AUnlimited$25,400N/A Employee's Copay/Coinsurance (i.e. 10%, 20% etc) by Type of Visit Primary Care Physician$15 Tier 1 / $25$25 INN, 30% OON20% after deductible met$25/$45/$10 at USMD$20/$40$35$25 Specialist$25 Tier 1 / $35$50 INN, 30% OON20% after deductible met$35/$55$30/$60$55$35 Urgent Care$75 $50 INN, 30% OON$50 $60 $60 $100 $65 $150 WAIVED IF Emergency Room$300 Waived if admitted$250 $125 waived if admitted$200 $500 + 20%10% after deductible ADMITTED 20% after deductible Outpatient Surgery10% after deductible10% INN, 30% OON20% after deductible metfacility/15% Tier 1 Deductible + 20%20% after deductible10% after deductible provider/35% In-Network Lab Benefits (Employee Portion) Lab 0%, X-rays 10% ded 0 if preferred lab, other Basic Coins/Copay (X-Rays, Lab)10%20% after deductible met0%$0 IN / 40% OON10% after deductible waivedlabs at 20% Advanced Coins/Copay (MRI, CT, etc)10% after deductible10%20% after deductible met20% after deductibleDed + 20% IN 40% OONDed + coinsurance10% after deductible Prescription Benefits $50 in Network -$150 Out $100 on all except generic Deductible (if separate from reg ded)$50 N/ACoinsurance OnlyN/A$100 individual/$300 family of NetworkRx 30-day/Local Pharmacy Copay Generic/Tier 1$10 $10 15%$10 in network $15 $10 $10 Copay Preferred Brand/Tier 2$40 $25 25%$30 in network $25 $45 $30 Copay Non-Preferred/Tier 3$60 $50 40%$50 in network$50 $90 $50 $125 or 20% coinsurance; No special copay; covered Copay Specialty Drug$50 50%N/A$200 $100 whichever is lessat tier level 90-day/Mail-Order Copay Generic/Tier 1$20 $25 15%$25 in network$30 $20 $20 Copay Preferred Brand/Tier 2$100 $62.50 25%$75 in network$50 $90 $60 Copay Non-Preferred/Tier 3$150 $125 40%$125 in network$100 $180 $100 No special copay; covered Copay Specialty DrugN/A$125 50%N/A$200 $100 at tier level Premiums - Active Employee Contribution (Full Time) 238 EE's / 608 Total Total # enrolled on plan 76545548903271215235 Member EE Only$100$96$58$71$33$72$148 EE + 1/Spouse$220$423$247$446$346$281$415 EE + Child$280$389$146$385$338$244$326 EE + Family$408$468$347$602$626$398$672 Above rates are for those If C2W Base completed $100 premium Reimbursements for FT employees that $20 monthly savings on "incentive" added on achievements as one-time complete the wellness standard rate; $480 annual savings if unless complete a payment in Nov to offset program (health Is there any Wellness Program If C2W Plus completed employee meets all Healthy member health benchmarks are premiums. Total avail. to NoneNone Premium Reduction? (amount (s) & $30 monthly savings; If Incentives Program (HIP) assesment, receive completed by end of FY); spouse $525; to EE: rule to get premium subsidy) requirements.NONE completed physical & sign tobacco Employees not $725. See comments for affidavit or do tobacco additional $20 cost participating, pay a achievements & amounts. education program. above standard rate. $32.50/mo penalty LEGEND: Better benefit than Denton Plan Unable to compare benefits Worse benefit than Denton Plan Denton Plan 39 Page 1 of 4 Updated January 2016 Gold Plan Comp Attachment 6 page 2 Gold Health Plan Comparison Richardson 1AVERAGE Denton Gold PlanIrving Plan 1Lewisville Plan 1McKinney Plan 1Mesquite Plan 1Plano Plan 1 In-Network Benefits Deductible - Individual$750$1,000$2,000$500$2,000$1,250$750 $1,132 Deductible - Family$1,500$3,000$4,000$1,000$4,000$2,500$1,500 $2,400 20% Coinsurance-Employee Portion10%20%20%20%20%20%17.73% $6600 (includes annual Out-of-Pocket Max - Ind$3,000$4,500$4,000$2,500$6,500$6,600 ded, copays, co-ins, $4,495 prescrip drugs) Out-of-Pocket Max - Family$6,000$13,500$8,000$5,000$13,000$13,200$13,200 $9,717 Out of Network Benefits No out-of-network Deductible - IndividualNo out-of-network coverage$2,000$1,000$4,500$1,500 $2,550 coverage $5,900 Deductible - FamilyN/A$6,000$2,000$9,000N/A$3,000$5,543 $11,800 Coinsurance-Employee PortionN/A40%50%40%N/A40%41% 50% Out-of-Pocket Max - IndN/A$7,500$10,000$12,000N/A$13,200$10,343 $9,500 Out-of-Pocket Max - FamilyN/A$22,500$20,000$24,000N/A$26,400$21,614 $19,000 Employee's Copay/Coinsurance (i.e. 10%, 20% etc) by Type of Visit *After deductible is met* $30$23.35 Primary Care Physician$15 Tier 1 / $25$25 20%$25 20% - after deductible$25 $60$41.27 Specialist$25 Tier 1 / $35$40 20%$40 20% - after deductible$40 $75$65.50 Urgent Care$75 20%20%$50 $80 $50 Emergency Room$300 Waived if admitted20%20%$100 + 20%$500 $200 20% after ded$217.86 10% - after deductible if part of BCBS high Performance Facility 20% after ded 15.00% Outpatient Surgery10% after deductible20%20%$300 + 20%20% network; 20% - after deductible for all other in- network facilities Lab Benefits (Employee Portion) Lab 0%, X-rays 10% ded 0 if preferred lab, other Basic Coins/Copay (X-Rays, Lab)20%20%$0 100% after deductibleCoinsurance after ded 13.50% waivedlabs are 20% Coinsurance after ded 20.56% Advanced Coins/Copay (MRI, CT, etc)10% after deductible20%20%20% after deductible20% after deductible20% after deductible Indv. Prescription Benefits $100 Indiv / $200 Fam$83 Deductible (if separate from reg ded)$50 N/AN/AN/A$150 $100 Over the Counter (OTC) Medications $5 per 30-day/Local Pharmacy prescription for a 34 day supply. Copay Generic/Tier 1$10 $10deductible then 10%$10 $15 15% $6 min, $15 max$10$11.00 deductible then 30%; up to Copay Preferred Brand/Tier 2$40 $30$150 maximum per $30 $40 25% $30 min, $40 max$50$33.89 prescription deductible then 40%; up to $85$62.78 Copay Non-Preferred/Tier 3$60 $50$150 maximum per $60 $80 40% $45 min, $60 max prescription $125 or 20% coinsurance; Copay Specialty Drug$50 N/A10%50% with $200 capNA$150$92.87 whichever is less 90-day/Mail-Order $20$23.33 Copay Generic/Tier 1$20 $20deductible then 10%$20 $30 15% $12 min, $30 max deductible then 25%; up to $100$70.83 Copay Preferred Brand/Tier 2$100 $60$60 $80 25% $60 min, $90 max $300 max / prescript deductible then 40%; up to Copay Non-Preferred/Tier 3$150 $100$120 $160 40% $90 min, $120 max$170$131.11 $300 max / prescript Copay Specialty DrugN/A$100 N/A$120$160 N/A$300$157.86 Premiums - Active Employee Contribution (Full Time) 954 Total # enrolled on plan227 7658352124112000 291 $103$84 EE Only$100$163$100$74$54 $36 $580$373 EE + 1/Spouse$220$410$370$360$268 $330 $470$302 EE + Child$280$397$330$189$168 $240 $694$532 EE + Family$408$650$510$429$422 $561 These rates are the lowest Employees can receive a premiums offered. The City offers a $50/mo discount if they either get a Employees and covered If employee achieves $480 annual savings if incentive to employees Is there any Wellness Program physical or take the spouses must complete wellness objective, employee meets all Healthy who fulfill the biometric test along with None.None. Premium Reduction? (amount (s) & Yes - 6 their bio-metric screening Incentives Program (HIP) receives $25/month Connect4Health Premium doing the HRA. The rule to get premium subsidy) at Wellness Works Health requirements. Incentive Reqs. See premium subsidy. amounts vary by plan and Center to avoid a $25/mo comments for Reqs. tier. surcharge. LEGEND: Better benefit than Denton Plan Unable to compare benefits Worse benefit than Denton Plan Denton Plan 40 Page 2 of 4 Updated January 2016 Gold Plan Comp Attachment 6 page 3 Silver Health Plan Comparison Denton Silver PlanAllen Plan 2Arlington 2Ft. Worth Plan 2Frisco Plan 2Grand Prairie Plan 2 In-Network Benefits Deductible - Individual$1,500$1,000$1,500 $2,000$1,000 $2,000 Deductible - Family$3,000$2,000$4,000 $3,000 $4,000$3,000 15% Tier 1 Preferred Coinsurance-Employee Portion20%20%10%Providers/35% In-Network 20% after deductible15% Providers/ 20% Facility Out-of-Pocket Max - Ind$6,000$4,000$6,000$4,750$4,000$4,000 Out-of-Pocket Max - Family$12,000$8,000$12,000$7,125$8,000$8,000 Out of Network Benefits Deductible - IndividualNo out-of-network coverage$3,000No out-of-network coverageNo out-of-network coverageUnlimitedNo out-of-network coverage Deductible - FamilyN/A$6,000N/AN/AUnlimitedN/A Coinsurance-Employee PortionN/A40%N/AN/AUnlimitedN/A Out-of-Pocket Max - IndN/A$10,000N/AN/AUnlimitedN/A Out-of-Pocket Max - FamilyN/A$20,000N/AN/AUnlimitedN/A Employee's Copay/Coinsurance (i.e. 10%, 20% etc) by Type of Visit *After deductible is met* 15% Premium Tier 1 Providers/35% In-Network $20-$20 network/non-network Primary Care Physician$25 Tier 1 / $35$25 INN, 40% OON10% after deductible met$30 Providers/15% USMD Provider is not covered after deductible 15% Premium Tier 1 $30-$60 network/non-network Specialist$35 Tier 1 / $45$50 INN, 40% OON10% after deductible metProviders/35% In-Network $40 is not covered Providers after deductible Urgent Care$75 $50 INN, 40% OON$50 after deductible met20% after deductible$60 copay$70 $150 copay then 20% facility/15% Premium Tier Emergency Room$300 waived if admitteddeductible and coins, $250 after deductible met1 Provider/35% In-Network $200 copay15% after deductible copay waived if admittedProvider after deductible 20% facility/15% Premium Tier 20% coinsurance after Outpatient Surgery20% after deductible10% INN, 30% OON10% after deductible met1 Provider/35% In-Network 15% after deductible deductible Provider after deductible Lab Benefits (Employee Portion) Basic Coins/Copay (X-Rays, Lab)Lab 0%, X-rays 20% ded waived20%10% after deductible met20% after deductibleNo Charge15% after deductible Advanced Coins/Copay (MRI, CT, 20% after deductible20%10% after deductible met20% after deductible20% co-ins after ded15% after deductible etc) Prescription Benefits Deductible (if separate from reg ded)$50 N/AIncluded in MedicalPart of Reg DedN/A$100 individual/$300 family 30-day/Local Pharmacy Copay Generic/Tier 1$10 $10 10%20% after deductible$15$10 Copay Preferred Brand/Tier 2$40 $25 10%20% after deductible$25$30 Copay Non-Preferred/Tier 3$60 $50 10%20% after deductible$50$50 $125 or 20% coinsurance; $100 Copay Specialty Drug$50 10%20% after deductibleN/A whichever is less 90-day/Mail-Order Copay Generic/Tier 1$20 $25 10%20% after deductible$30$20 Copay Preferred Brand/Tier 2$100 $62.50 10%20% after deductible$50$60 Copay Non-Preferred/Tier 3$150 $125 10%20% after deductible$100$100 Copay Specialty DrugN/A$125 10%20% after deductibleN/A$100 Premiums - Employee Contribution (Full Time Actives) 313 EE's / 883 Total Total # enrolled on plan 463166083597432 Members $0 EE Only$40$32$26$6$72 $266 EE + 1/Spouse$130$304$111$145$241 $251 EE + Child$160$269$44$168$190 $376 EE + Family$216$336$156$366$413 Reimbursements for Above rates are for those FT $100 premium "incentive" achievements as one-time employees that complete the added on unless complete a payment in Nov to offset wellness program (health Is there any Wellness Program $480 annual savings if employee member health assesment, benchmarks are completed by premiums. Total avail. to NoneNone Premium Reduction? (amount (s) & meets all Healthy Incentives receive physical & sign tobacco end of FY); Employees not Program (HIP) requirements.spouse $525; to EE: rule to get premium subsidy) affidavit or do tobacco education participating, pay a $725. See comments for program. achievements & amounts.$32.50/mo penalty. LEGEND: Better benefit than Denton Plan Unable to compare benefits Worse benefit than Denton Plan Denton Plan 41 Page 3 of 4 Updated January 2016 Silver Plan Comp Attachment 6 page 4 Silver Health Plan Comparison Denton Silver PlanGrand Prairie Plan 3Irving Plan 2Irving Plan 3McKinney Plan 2Richardson 2AVERAGE In-Network Benefits Deductible - Individual$1,500$1,500$1,250$2,000$1,200$1,750 $1,578 Deductible - Family$3,000$4,500$3,750$6,000$2,400$3,500 $3,794 Coinsurance-Employee Portion20%20%30%20%20%30% 21.00% Out-of-Pocket Max - Ind$6,000$5,000$6,600$6,500$4,000$6,600 $5,459 Out-of-Pocket Max - Family$12,000$10,000$13,200$13,000$8,000$13,200$10,281 Out of Network Benefits Deductible - IndividualNo out-of-network coverageNo out-of-network coverage$2,500$4,000$2,400$3,500$3,100 Deductible - FamilyN/AN/A$7,500$12,000$4,800$7,000$7,825 Coinsurance-Employee PortionN/AN/A50%50%50%60%53% Out-of-Pocket Max - IndN/AN/A$10,500$13,000$10,000$13,200$11,675 Out-of-Pocket Max - FamilyN/AN/A$31,500$26,000$20,000$26,400$25,975 Employee's Copay/Coinsurance (i.e. 10%, 20% etc) by Type of Visit Primary Care Physician$25 Tier 1 / $35$35 $45 20%$25 $30 $31 Specialist$35 Tier 1 / $45$45 $60 20%$40 $60$48 Urgent Care$75 $75 30%20%$50 $75 $63 Emergency Room$300 waived if admitted20% after deductible30%20%$100 + 20%30% after ded$200 Outpatient Surgery20% after deductible20% after deductible30%20%$300 + 20% 30% after ded 23.64% Lab Benefits (Employee Portion) Basic Coins/Copay (X-Rays, Lab)Lab 0%, X-rays 20% ded waived20% after deductible30%20%$0 Coinsurance after ded 19.00% Advanced Coins/Copay (MRI, CT, 20% after deductible20% after deductible30%20%20% after deductibleCoinsurance after ded 23.33% etc) Prescription Benefits Deductible (if separate from reg ded)$50 $100 individual/$300 familyN/APart of Reg ded.n/a$100 Indv / $200 Family See indv cities Over the Counter (OTC) Medications $5 per prescription for 30-day/Local Pharmacy a 34 day supply. Copay Generic/Tier 1$10 $10 $1020%$10 $10$11.11 Copay Preferred Brand/Tier 2$40 $35 $3030%$30 $50 $35.00 Copay Non-Preferred/Tier 3$60 $50 $5050%$60 $85 $59.67 $125 or 20% coinsurance; Copay Specialty Drug$50$5050%10%$150$83.33 whichever is less 90-day/Mail-Order Copay Generic/Tier 1$20 $20 $2020%$20 $20$22.63 Copay Preferred Brand/Tier 2$100 $70 $6030%$60 $100$74.38 Copay Non-Preferred/Tier 3$150 $100 $10050%$120 $170$125.63 Copay Specialty DrugN/A$100$100$100$120 $300 $146.67 Premiums - Employee Contribution (Full Time Actives) Total # enrolled on plan 463423585634614581 201 EE Only$40$128$35$69$49 $34$71 EE + 1/Spouse$130$326$260$379$232 $171$192 EE + Child$160$315$220$325$200 $112$175 EE + Family$216$518$360$447$355 $270$290 Employees can receive a Employees can receive a discount if they either get discount if they either get a If employee achieves wellness Is there any Wellness Program a physical or take the physical or take the $480 annual savings if employee Nonebiometric test along with biometric test along with None.objective, receives $25/month Premium Reduction? (amount (s) & meets all Healthy Incentives Yes - 8 doing the HRA. The doing the HRA. The Program (HIP) requirements.premium subsidy. rule to get premium subsidy) amounts vary by plan and amounts vary by plan and tier.tier. LEGEND: Better benefit than Denton Plan Unable to compare benefits Worse benefit than Denton Plan Denton Plan 42 Page 4 of 4 Updated January 2016 Silver Plan Comp Attachment 7 Back UTILITIES FINANCIAL STRATEGIES FY 2016-2017 PURPOSE The goal of this document is to establish the financial strategies for the Denton Municipal Electric Fund (DME), Water Fund, Wastewater Fund (collectively referred to in this document ) and the Solid Waste & Recycling Fund . As a provider of municipal electric, water, wastewater, and solid waste services, the City of Denton must keep pace with demands, effectively manage escalating capital and operational costs, meet all infrastructure needs, and have the resiliency to recover quickly from unanticipated impacts. ThisFinancial Strategies document addressesthese goals by describing the challenges faced by Utilities and establishing strategies to manage these challenges while maintaining financial stability and resiliency. Establishing, routinely evaluating, and implementing financial strategies will help Denton to continue to provide the excellent level of reliable service expected by our customers. The strategies included in this document should be used as guidelines for policy and management decisions. Since issues and challenges change through time, the strategies should be reviewed periodically and modified as appropriate. In general, strategies should address objectives that support and strengthen the financial health of each Fund.Strategies in this document are based in part on Government Finance Officers Association (GFOA) best practices, various utility industry financial policies and practices, and objectives specific to each Fund. CURRENT CHALLENGES Black and Veatch recently released 5Strategic Directions: U.S. Water Industry ReportThis report surveyed both Water and Wastewater Utilities in the United States with the intention of determining major challenges that Utilities are currently facing or anticipate facing in the near future. The report also compared Utility responses to questions asked in the 2012 Strategic Directions survey to responses to similar questions in 2015. The most important financial challenges reported by industry respondents in order of importance were: aging infrastructure, managing operational costs, managing capital costs, aging workforce, and increasing regulations. It is interesting to note that aging infrastructure, managing capital costs, and increasing regulations were also in the top five responses in 2012. However, the degree of importance attributed to managing capital costs and increasing regulations decreased from 2012 to 2015. Aging infrastructure and an aging workforce increased from 2012 to 2015, with Њ 43 Attachment 7 concerns about aging workforce representing the largest increase in importance over the three year time period between surveys. Denton is facing challenges similar to those faced by many utilities in the United States. Aging infrastructure and growth related infrastructure needs are concerns that require sustained, long term commitments to fully address. Increasingly stringent regulations and regulatory responsibilities, cost escalations, and the erosion of buying power due to inflation are also major challenges. Less obvious issues such as an aging workforce, succession planning, trends towards decreasing per capita consumption, changing trends in waste generation and disposal, improving technologies, and continued progress of optimization efforts also influence financial strategies and overall management. Reliability of electricity generation and distribution, and the associated regulatory compliance and infrastructure needs, continue to be major issues. The rapid growth of the City also presents challenges, and will have a large influence on future operating and capital budgets. Recent economic downturns have resultedin more stringent financial due diligence standards. As a result, rating agencies and institutional investors are requiring increasingly detailed information about operating and financial conditions, and are now beginning to request and evaluate more detailed reports on regulatory management, local economic conditions, and sustainability efforts as a part of municipal rating analyses. Rating agencies are also giving more scrutiny to reserve levels, capital demands versus debt service, and similar measures that gauge the resiliency of utilities and local governments. The issue of resiliency is particularly important, and was chosen as a key focus topic for the 2015 Black and Veatch study. Because these issues are constantly evolving, the Financial Strategies document should be regularly reviewed and revised to ensure strategies are effectively addressing challenges. OBJECTIVES One of the primary objectives of the Financial Strategies document is to summarize approaches needed to maintain financial stability and resiliency. Financial stability is, by definition, the proper balance between revenues and expenditures. Revenues must be sufficient to meet the operational requirements and bond covenants. While reserve funds may be available to help meet financial obligations on either a planned or emergency basis, stable and adequate rate revenues remain the cornerstone of both short and long term financial stability and resiliency. It is important to distinguish between the goals of financial stability and resiliency. Although a balanced budget represents a system that is financially stable, if the system is not resilient an unanticipated external shock could unbalance the system and potentially lead to collapse. Local utilities face significant external challenges, including both short and long term economic fluctuations, cost escalations, unfavorable weather patterns, natural disasters, unanticipated capital expenditures, and policy changes from federal, state, and local levels of government. Ћ 44 Attachment 7 The Financial Objectives outlined below are designed to address both financial stability and improve resiliency. Financial Objectives Each Fund should operate as a self-supporting business operation (enterprise fund) through balanced revenues and expenditures. Rates are generally based on cost of service and other financial and pricing objectives, are reviewed annually by staff, and are supplemented by external consultant studies at approximate five year intervals. To the greatest extent possible, rates should be incrementally adjusted to achieve revenues targets over multi-year periods in order to minimize the need to have large annual rate increases / rate spikes. Financial policies will ensure to the greatest extent possible that inter-rate class subsidies are minimized or eliminated. Rates should be competitive and competitiveness should be routinely assessed as part of the budget process. Each Fund will maintain prudent reserve levels, with targets specific to the objectives of the Fund,to ensureFunds are both balanced and resilient. Water and Wastewater should each maintain a development plan line reserve to not exceed $1 million each to facilitate local economic growth in accordance with the City Council infrastructure financing policy Resolution R91-008. Water and Wastewater should maintain a separate impact fee reserve fund and use this fund to offset debt service payments on impact fee eligible capital projects. Each utility should strive to maintain the impact fee reserve level at not less than $1 million. Solid Waste & Recycling should continue funding the Landfill Closure & Post-closure Fund to meet Texas Commission of Environmental Quality financial assurance requirements. Solid Waste and Recycling should continue to strategically usethe Vehicle Replacement Fundto increase cash funding of collection trucks and reduce the Funds use of debt financing. P RESERVE FUNDS Reserves serve multiple functions. For example, reserves can be used to address variability and timing of expenditures and receipts, and to accommodate occasional disruptions in activities, costs, or revenues. The use of reserves can help limit exposure to revenue shortfalls, meet long term capital obligations, and help reduce the potential for defaults. Reserve funds are established to provide financial stability and are a key component of resiliency. Typically, reserve fund target levels are expressed as a percentage of annual operating Ќ 45 Attachment 7 expenses, or as a given number of days of operating expenses. Targets in this document are provided as the number of days of operating expenses that could be sustained with the given reserve amount. Reserve fund targets are generally based on average expenses, analyses of cash flows, volatility of revenues and expenditures, estimates of total fixed asset costs, replacement costs for critical system assets, and industry best practices. Targets are expressed as ranges that are appropriate for the unique operating characteristics of each Fund. Factors that affect the target reserve levels include revenue stability, expense volatility, infrastructure age, debt levels, unforeseen expenditures, and management plans for reserve use. Reserve funding amounts are derived from the appropriable fund balance calculations made at the end of each fiscal year, and do not include funds that are restricted, designated, or otherwise committed for specific purposes. Since reserves are established to stabilize and strengthen Fund finances, reserves should not normally be used for recurring expenses. Reserves should be thought of as containing at least two components: aworking capital reserve target as well as an operating reserve target. While these components can overlap, itis important to understand the purpose and designated uses of each component. Theworking capital component of each reserve funds (provides a minimum unrestricted fund balance to provide the liquidity needed to allow regular management of payables and payment cycles. This includes both anticipated issues such as billing and receipt cycles and payroll, as well as small scale unanticipated changes. WChelps meet the fixed cost of doing business when short term cash deficiencies occur due to the timing of revenues and expenditures. As a general guideline, the WCtarget level for each Fund is established as 30 days of average total expenses (8%). The undesignated balance of each Fund will first be used to fund theWCreserves to the target level. Once the target WC reserve level is achieved, excess funds shall be applied to the operating reserve. The operating reserve component provides a means of managing expense and demand volatility, ensure that funding is available for emergencies such as equipment or infrastructure failure, and serve to improve overall resiliency. Funds are vulnerable to both short term and seasonal changes in demand and expenses due to weather patterns, regulatory compliance issues, unanticipated price increases for purchasing operational commodities, economic growth, fuel price spikes, market prices for recyclable commodities sold, and other similar budgetary impacts. Appropriate reserve levels can accommodate these changes without negatively impacting rates. Operating Reserves also serve as a buffer in case of large capital needs due to unanticipated infrastructure failures or catastrophe. Operating Reserves therefore help minimize the need for large rate increases from year-to-year and decrease the likelihood of requiring unanticipated actions such as mid-year rate adjustments. In addition, the various Funds may maintain specific Ѝ 46 Attachment 7 additional reserve components in order to maintain financial stability, resiliency, and the requirements of Federal and State Law. In general, Funds with more stable revenue collection can consider lower ORtargets. However, Funds with greater volatility should establish higher targets to provide some protection against large scale fluctuations in revenues and expenditures. Funds should review and adjust reserve targets over time, and as necessary, to protect against potential losses and to maintain overall stability. The reserve should be reviewed and recalibrated through the normal annual budget and rate-setting process. Since expenses typically increase over time, the actual dollar amount of the reserve will increase proportionally with increases in expenditures. Working Capital and Operating Reserve targets for each Fund, expressed as a percent of expenses, are: Electric*WaterWastewaterSolid Waste& Recycling 8%8%8%8% Working Capital 8-12%25-42%20-31%6-10% Operating Reserves 16-20%33-50%28-39%14-18% Total (60-75 days)(120-180days)(100-140days)(52-66days) Operating Days *does not include Texas Municipal Power Agency (TMPA) Debt payments It should be noted that the Drainage Division maintains a specific Drainage Reserve fund of one million dollars that is separate from the Wastewater Reserve fund. The Drainage Reserve fund is reserved for emergency responses and repairs during and after catastrophic weather events. It is also important to note that Denton Municipal Electric (DME) has enacted a strategy for addressing the debt obligation to the Texas Municipal Power Agency (TMPA). The specifics of this debt reduction strategy are unique to DME and are beyond the scope of this Financial Strategies document. However, the TMPA debt strategy is important to discuss within the context of the reserves because funds accumulated and applied towards the debt are a component of the reserves for DME. As a result, the total DME reserve amount will at times exceed the reserve targets outlined in the table above. The reserve funds in excess of the target range will be applied to the TMPA debt, and the overall TMPA debt strategy and status will be reviewed and discussed with the Public Utilities Board as a part of the annual budget process. Operating Reserve Liquidation If operating reserves exceed the target range, they may be brought back to the target range through a sequential decision making process that will be at least partially contingent on the amount of surplus remaining. While the decision making process is going to be somewhat unique to a given budget year, there are common issues to consider. In general, actions for Ў 47 Attachment 7 operating reserves that exceed the target level should only be considered if the reserve is projected to continue above the target level for the next two to three years. If this is the case, the excess funds could be considered for optional uses. Optional uses include, but are not limited to: Additional debt management through debt reduction payments Transfer excess funding to specific Fundproject(s) (typically one -time capital outlay). The funding of capital assets using cash funding versus debt service. Retain reserves as a potential long term rate stability strategy. This option increases reserves, which would allow reserves to be available in future years to either delay or reduce rate increases or for capital and debt management. In general, this approach is a way to plan for revenue smoothing for anticipated future costs, where funds will be used to mitigate the size of a rate increase in a given (future) year. Use for rate reduction by reducing current proposed rates, if it is projected that the rate reduction can be sustained for a specific period of time. SYSTEM CAPITAL AND REINVESTMENT POLICIES The funding of capital assets should be based on the type of asset, cost, and expected life. Generally, major new infrastructure, funded via debt,should be financed with a payment schedule equal to or less than the expected asset life. Existing infrastructure strategies are more complex since existing assets lose value each year of service as the assets moves through use cycles towards eventual replacement. This decrease in value is generally reported as an annual depreciation expense, which is based on the original cost of the asset over its anticipated useful life. While this expense reflects the consumption of the existing asset and the original investment, the replacement of the asset is likely to cost more when considering adjustments for inflation and the current construction market. Thus, it is likely that the annual replacement liability may be substantially greater than annual depreciation expense. The issue of true replacement costs becomes particularly important when considering debt funding versus rate revenue funding for existing infrastructure replacement. Debt funding existing asset replacement can have long term negative financial consequences due to the compounding issues of true replacement costs and debt interest. To ensure that utilities systems are sustainable over time, the replacement of existing assets should be financed from current revenues to the greatest extent possible. As a future goal, the target level of current revenue infrastructure replacement funding should be generally based on annual depreciation expenses, adjusted for major assets replaced at long intervals and that are too expensive to fund with current revenues. However, analyses should also include the current versus original asset cost to account for the effects of inflation and other cost escalation factors. The current revenue funded capital target for infrastructure replacement for Water and Wastewater is based on estimates of the average annual replacement costs for major infrastructure components. For the Water Department, the target is 100% of annual transmission and distribution infrastructure replacement costs, and 25% of annual plant replacement costs. Wastewater targets are 100% of Џ 48 Attachment 7 the annual interceptor and collector infrastructure replacement costs, and 25% of annual plant replacement costs. Average annual replacement costs should be evaluated, adjusted and implemented on a regular basis, preferably annually and at aminimum of every 3 years. DEBT MANAGEMENT Debt management strategies establish acceptable outstanding debt levels, outline debt repayment, and address total debt coverage targets. Strategies for debt related to vehicles and equipment replacements are also included in this section. Debt management strategies are as follows: Generally, debt financing should only be considered for projects involving new capacity. If practical, debt repayment schedules should be based on level annual payments over the payment life. Bond covenants have been established to define the minimum debt coverage ratio as a means of protecting against non-payment. The Utility systems (Electric/Water/Wastewater) must maintain a debt coverage ratio of 1.25 or greater by covenant, calculated as a ratio of the most recently completed prior fiscal year net revenues divided by the projected debt service costs the first fiscal year after the current fiscal year bond sale. The goal of the Solid Waste Fund isto maintain the same debt coverage ratio of 1.25 or greater. It should be noted that the calculation outlined above is slightly different than the calculation method outlined in the Debt Service Management Policy (Policy No. 430.07). If needed, operating reserve funds may be used to supplement the net revenues required to achieve the utility system 1.25 debt coverage ratio per Ordinance 2002- 318. In general, vehicles and associated equipment should be financed with a vehicle replacement fund that is self-sustaining. After vehicles or associated equipment assets are purchased, annual payments should be made into a vehicle replacement fund so that subsequent replacement of vehicles/equipment is financed from that fund. Expensive vehicles and equipment may be financed with short term debt if needed. Specialized equipment with an asset life of approximately 10 or more years may be purchased with bond funds of a term appropriate to the specific item. Less expensive equipment should be financed from current revenue to the maximum extent possible. А 49 Attachment 7 PROFORMA AND FORECAST DOCUMENTS Five year pro forma documents should be prepared annually for each Fund. Pro formas should include projections of commodity use/volumes, revenues, expenses, rate changes, and reserve balances. Pro formas serve as a five year financial planning summary document. Pro formas also identify and highlight future financial issues that must be addressed through revenue increases, cost reductions, changes in capital financing options, or rate changes. Each Fund should also prepare an annual forecast document, covering a period not less than 20 years, that projects customer growth, production/treatment volumes, customer billings, billed usage/volumes, and other data that supports the development of budget and capital plans and similar planning documents. CONCLUSIONS The financial strategies outlined in this document are intended to guide policy and management decisions. In doing so, the strategies will help Denton continue to provide reliable service at competitive rates, while accommodating financial variability, population growth, and infrastructure needs. The strategies will also ensure a balanced, sustainable and resilient budget. The financial strategies document will be reviewed each year with the Public Utility Board prior to the beginning of the budget cycle. Б 50 Attachment 7 ADDENDUM PERFORMANCE METRICS This section presents performance metrics that may be used for benchmarking Utility performance over time, or that may be used to compare against other utilities. For some Water and Wastewater metrics, the American Water Works AssociWABenchmarking Survey provides a comprehensive, defensible means of benchmarking for on a regional and national basis. The Fitch Ratings U.S. Water and Sewer Revenue Bond Rating Criteria, September 3, 2015also provides some qualitative metric attributes that may be useful for Water and Wastewater. Similar benchmarking surveys are available for Denton Municipal Electric through the American Public Power Annual Directory and Statistical Report. Additional sources may be identified through future research efforts. When considering these performance metrics, it is important to note that each Utility is unique, specific characteristics in mind. However, comparisons among utilities are becoming increasingly sophisticated, and measures of utility performance from studies by utility-specific professional organizations and via programs used by financial rating agencies are generally becoming more comparable over time. The metrics included below are designed to assess and track the financial performance of the respective utilities. However, it is important to note that some performance metrics related to personnel and operational issues are also included. While these metrics may not be directly related to financial performance, the issues conveyed by the metrics have the ability impact budgets and therefore may ultimately influence financial performance. For this budget cycle, the concept of Performance Metrics is being proposed and discussed with the PUB, and is therefore currently considered an addendum to the Financial Strategies document. However, if the approach is deemed beneficial, staff proposes to make the Performance Metrics section a permanent part of the Financial Strategies document at some point in the future. The current list of performance metrics should be evaluated on a routine basis, and additional metrics should be added as needed. Performance metrics are intended to be reviewed as a part of the budget presentations provided to the Public Utility Board, particularly with regards to evaluating trends over time. By reviewing performance metrics on a regular basis, tracking trends, and assessing metrics against benchmarks, Denton Utilities will be able to make more informed management decisions. The following table summarizes the proposed performance metrics. В 51 Attachment 7 Table 1. Performance metrics and benchmark sources. Performance MetricUtilitiesBenchmark Cash ReservesW,WW,DME, SW Year over year 13 AWWA, Fitch(W/WW) Current RatioSW Year over year Customer accounts per employeeW,WW, DME, SW Year over year 1 AWWA, 2 APPA(DME) Debt Ratio W, WW, DME Year over year 1 AWWA(W/WW) 2 APPA(DME) Debt Service Coverage Ratio W,WW, SW Year over year 13 AWWA, Fitch(W/WW) Employee TurnoverW,WW,DME, SW Year over year 1 AWWA(all) O&M cost per accountW,WW, DME, SW Year over year 1 AWWA,(W/WW) 2 APPA(DME O&M cost per mile of pipe (W,WW) W,WW, DME Year over year 1 or transmission distribution lines AWWA, 2 (DME) APPA(DME) Retirement eligibilityW,WW,DME, SW Year over year 1 AWWA(all) Top 10 customers as a % of operating W,WW,DME, SW Year over year 3 revenue Fitch (W = Water; WW = Wastewater; DME = Denton Municipal Electric; SW = Solid Waste) 1 American Water Works Association Benchmarking Performance Indicators for Water and Wastewater Utilities Survey and Analyses Report, 2014. 2 American Public Power Annual Directory and Statistical Report 3 Fitch Ratings U.S. Water and Sewer Revenue Bond Rating Criteria, July 31, 2013. ЊЉ 52 Attachment 7 Cash Reserves (days): Calculated as the amount of undesignated cash reserves ÷ total expenditures. This metric measures the available liquid resources to meet near term Current ratio: Calculated as current assets ÷current liabilities. This metric summarizes liquidity and the ability to pay short-term liabilities (debt and payables) with short-term assets (cash, inventory, receivables). Customer accounts per employee: Calculated as the number of active accounts ÷ the total number of Full Time Employees (FTEs). The total number of FTEs does not include Customer Service, Utility Administration, or Drainage. Debt Ratio: Calculated as total liabilities ÷ total assets of indebtedness by providing a measure of the extent to which assets are finances through borrowing. Debt Service Coverage Ratio: calculated as the previous fiscal years net operating revenues ÷ upcoming fiscal year debt service obligations (principal and interest) to give the current fiscal year Debt Service Coverage Ratio. This metric summarizes the amount of cash flow available to meet interest, principal, and sinking fund payments. Employee Turnover. Calculated as the number of employees leaving the organization during the prior fiscal year ÷ total number of FTEs. The total number of employees excludes Customer Service and Utility Administration, or Drainage. O&M cost per account. Calculated as total operation and maintenance costs ÷ total number of accounts. Higher ratios may indicate inefficiency or may be the result of aging infrastructure. Depreciation is not included in the total operation and maintenance costs. O&M cost per mile of pipe (W,WW) or transmission distribution lines (DME). Calculated as the total operations and maintenance costs ÷ the total miles of distribution system piping (W), collector piping (WW), or transmission and distribution lines (DME). Higher ratios may indicate inefficiency or may be the result of aging infrastructure. Depreciation is not included in the total operation and maintenance costs. Retirement eligibility.Calculated as the number of employees eligible for retirement in the next 5 years ÷ total number of FTEs. The total number of employees excludes Customer Service, Utility Administration, and Drainage. Top 10 customers as a percent of operating revenue.Calculated as the annual revenue from the top ten customers of each utility ÷ total annual revenue. This metric reflects volatility risks from customer concentration. ЊЊ 53 How To Evolve With Rising Water PricesPage 1of 3 Attachment 8 Back From The Editor| July 1, 2016 How To Evolve With Rising Water Prices By Peter Chawaga, Associate Editor, Water Online With each new regulation that is passed and source of funding thatÓs stretched, water utilities are being asked to do more with less. While consumers demand plentiful, convenient, and remarkably clean water in their homes, they bristle at the idea of increased costs for the service. Unfortunately, continued increases in water pricing are all but inevitable. In its annual survey of 30 major U.S. cities, Circle of Blue, a collective of journalists and scientists reporting on the condition of the worldÓs natural resources, found thatthe price of water rose 5 percent last year and that the average price of water has risen 48 percent since 2010. The survey was conducted by Brett Walton, a Circle of Blue reporter who asked utilities in each city for usage data and calculated the monthly cost of water in each city for three levels of consumption: 6,000 gallons per month, 12,000 gallons per month, and 18,000 gallons per month. A combination of trends is converging at this moment to drive water prices up, Walton said, none of which promise to recede in the near future. 54 http://www.wateronline.com/doc/how-to-evolve-with-rising-water-prices-0001?vm_tId=19...7/26/2016 How To Evolve With Rising Water PricesPage 2of 3 Attachment 8 ÐThere are a number of factors contributing to the rising cost of water,Ñ said Walton. ÐThe need to repair old pipes, the need to address regulatory requirements, and, in some cases, the need to expand systems to accommodate growing populations or to build new facilities.Ñ These changes are being called for at a time when climate change has affected the abundance of water and technologies are requiring less of it to do more. To keep up, utilities have been forced to adapt. Circle of BlueÓs survey found that many are restructuring rates as a response. For instance, the municipality for Fort Worth, TX, altered its block rate system to cover the first 600 cubic feet of consumed water in its lowest price tier, down from 800 cubic feet. This was done to adapt to better conservation by consumers, according to Circle of Blue. ÐUtilities are expanding the range of services they offer and they are becoming more efficient,Ñ said Walton. ÐSome, like DC Water, are pulling nutrients out of the wastewater and selling them as fertilizer. Others, like Portland, OR, are generating hydropower from flowing water by installing small turbines in city pipes. An ongoing challenge is responding to declining water sales as residents use less water and to shifts in the weather, both of which cut revenue. One way to do this is to reexamine the water rate structure and gain more revenue from fixed charges that do not fluctuate with water use.Ñ Of course, restructuring rates to ensure enough revenue is coming in may not sit well with the public. While ratepayers are being asked to conserve water, it needs to be made clear to them that this cannot lead to cuts in funding for water services. Walton points to a national Value of Water Coalition surveyin which 71 percent of respondents acknowledged the importance of modernizing water infrastructure and a majority indicated a willingness to pay more for water after learning about the systemÓs needs. ÐOne of the things we have to do is educate people about the challenges that their water systems are dealing with right now,Ñ said Abigail Gardner, communications director for the Value of Water Coalition. ÐMany utilities need to raise rates because these challenges come with price tagsÈ Definitely the majority of Americans are open to the idea that these challenges require higher rates from what we could tell from our survey.Ñ Many of the utilities grappling with rate increases have reached out to their communities to positive effect. 55 http://www.wateronline.com/doc/how-to-evolve-with-rising-water-prices-0001?vm_tId=19...7/26/2016 How To Evolve With Rising Water PricesPage 3of 3 Attachment 8 ÐA little education goes a long way,Ñ Walton said. ÐWater utilities have been more active in public education because of this, sending out mascots to public events and operating Twitter and Facebook accounts. There will always be angry people at city council or board meetings when a rate increase is announced, but most people will understand if the needs are explained and the money is not wasted.Ñ With rates set to keep rising, interaction with the public will have to follow suit. Image credit: "Wet Change," Jared Kruger © 2006, used under an Attribution 2.0 Generic license: https://creativecommons.org/licenses/by/2.0/ 56 http://www.wateronline.com/doc/how-to-evolve-with-rising-water-prices-0001?vm_tId=19...7/26/2016 ЋЉЋЊ ЋЉЋЉ ЋЉЊВ ЋЉЊБ ЋЉЊА ЋЉЊЏ ЋЉЊЎ ЋЉЊЍ ЋЉЊЌ ЋЉЊЋ ЋЉЊЊ ЋЉЊЉ ЋЉЉВ ЋЉЉБ ЋЉЉА ЋЉЉЏ ЋЉЉЎ 57 ЋЉЉЍ ЋЉЉЌ ЋЉЉЋ ЋЉЉЊ ЋЉЉЉ ЊВВВ ЊВВБ ЊВВА ЊВВЏ ЊВВЎ ЊВВЍ ЊВВЌ ЊВВЋ ЊВВЊ ЊВВЉ /ǒƒǒƌğƷźǝĻ LƓĭƩĻğƭĻ 58 59 Attachment 12 Back 9ǣŷźĬźƷ БΏЏ͵ C ЋЉЊЏΏЋЉЋЉ ğƓķ C ЋЉЊАΏЋЉЋЊ /Lt ƭĻƩźĻƭ ğĬƌĻ Њ͵ C ЋЉЊЏ ЋЉЋЉ /Lt {ĻƩźĻƭ C ЋЉЊЏ Ώ ЋЉЋЉ /Lt wĻǝĻƓǒĻ ğƷĻƩ wĻǝĻƓǒĻ CǒƓķĻķ wĻƦƌğĭĻƒĻƓƷ Ў ĻğƩ ƚƷğƌ CǒƓķĻķ wĻǝĻƓǒĻ .ƚƓķ CǒƓķźƓŭ Dƚğƌ tƌğƓƷ ЋЎ͵Бі АЍ͵Ћі υ ЋЌͲЎВЉͲЉЉЉ ЋЎі 5źƭƷƩźĬǒƷźƚƓ ЌА͵Њі ЏЋ͵Ві υ ЍЋͲЉЍЌͲЊЍЏ ЊЉЉі ƩğƓƭƒźƭƭźƚƓ ЏЎ͵Ћі ЌЍ͵Бі υ ЊЊͲЎЉЉͲЉЉЉ ЊЉЉі ğĬƌĻ Ћ͵ C ЋЉЊАΏЋЉЋЊ /Lt ƭĻƩźĻƭͲ źƓĭƌǒķźƓŭ ĬƚƓķ ĭƚǝĻƓğƓƷ ƚĬƌźŭğƷĻķ ĭğƭŷ ŅƩƚƒ ƩĻǝĻƓǒĻ ĬƚƓķ ƩĻŅǒƓķźƓŭ͵ C ЋЉЊА Ώ ЋЉЋЊ /Lt wĻǝĻƓǒĻ ğƷĻƩ wĻǝĻƓǒĻ CǒƓķĻķ wĻƦƌğĭĻƒĻƓƷ Ў ĻğƩ ƚƷğƌ CǒƓķĻķ wĻǝĻƓǒĻ .ƚƓķ CǒƓķźƓŭ Dƚğƌ tƌğƓƷ ЋЌ͵Ўі АЏ͵Ўі υ ЋЋͲБВЉͲЉЉЉ ЋЎі 5źƭƷƩźĬǒƷźƚƓ АА͵Џі ЋЋ͵Ѝі υ ЋБͲЍЍЉͲЍЊЌ ЊЉЉі ƩğƓƭƒźƭƭźƚƓ ВЋ͵Аі А͵Ќі υ ЋЊͲБЎЉͲЉЉЉ ЊЉЉі 60 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-1008,Version:1 Agenda Information Sheet SUBJECT DeliberationsRegardingCertainPublicPowerUtilities:CompetitiveMatters-UnderTexasGovernmentCode Section 551.086. ReceiveapresentationfromstaffregardingpublicpowercompetitiveandfinancialmattersrelatedtotheCity’s participationin,andtheoveralloperationalandfinancialaspectsof,theTexasMunicipalPowerAgency; discuss and deliberate strategies regarding same; discuss, deliberate and provide staff with direction. City of DentonPage 1 of 1Printed on 8/12/2016 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-1070,Version:1 Agenda Information Sheet SUBJECT DeliberationsregardingRealProperty-UnderTexasGovernmentCodeSection551.072;Consultationwith Attorneys - Under Texas Government Code Section 551.071. Receiveinformationfromstaff,discuss,deliberate,andprovidestaffwithdirectionpertainingtothepotential acquisitionofrealpropertyinterestsintheA.HillSurvey,AbstractNo.623,theS.HiramSurvey,Abstract 616,theW.DanielSurvey,Abstract378,theA.HickmanSurvey,Abstract521andtheB.B.B&C.R.R. Survey,Abstract196,CityandCountyofDenton,Texas,andgenerallylocatedalongU.S.Highway377(Fort WorthDrive)thelimitsofwhichbeingboundedtothenorthbyInterstateHighway35Eastandtothesouthby FM1830(CountryClubRoad).ConsultationwiththeCity’sattorneysregardinglegalissuesassociatedwith thepotentialacquisitionorcondemnationoftherealpropertyinterestsdescribedabovewhereapublic discussionoftheselegalmatterswouldconflictwiththedutyoftheCity’sattorneystotheCityofDentonand theDentonCityCouncilundertheTexasDisciplinaryRulesofProfessionalConductoftheStateBarofTexas, orwouldjeopardizetheCity’slegalpositioninanyadministrativeproceedingorpotentiallitigation.(Fort Worth Drive Utility Relocations project) \[ID 16-1075\] City of DentonPage 1 of 1Printed on 8/12/2016 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-1061,Version:1 Agenda Information Sheet SUBJECT Deliberations regarding Personnel Matters - Under Texas Government Code Section 551.074. Deliberateanddiscusstheappointmentanddutiesofpublicofficerstoboardsorcommissionsexercising discretionaryorrulemakingpowerasopposedtopurelyadvisorypowers,whichincludeswithoutlimitation the Health and Building Standards Commission and the Zoning Board of Adjustment. \[ID 16-1046\] City of DentonPage 1 of 1Printed on 8/12/2016 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-710,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 8/12/2016 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-850,Version:1 Agenda Information Sheet SUBJECT DeliberationsregardingRealProperty-UnderTexasGovernmentCodeSection551.072;Consultationwith Attorneys - Under Texas Government Code Section 551.071. Receiveinformationfromstaffanddiscuss,deliberate,andprovidestaffwithdirectionregardingthepotential acquisitionofrealpropertyinterestslocatedintheMaryAustinSurvey,AbstractNo.4,CityandCountyof Denton,Texas;discussionhad,deliberation,anddirectiongivenbytheDentonCityCouncilinanopen meetingwouldhaveadetrimentaleffectonthepositionofthegovernmentalbodyinnegotiationswithathird party.ConsultationwiththeCity’sattorneysregardinglegalissuesassociatedwiththeacquisitionofthereal propertyinterestsdescribedabove;discussionoftheselegalmattersinanopenmeetingwouldconflictwiththe dutyoftheCity’sattorneystotheCityofDentonandtheDentonCityCouncilundertheTexasDisciplinary RulesofProfessionalConductoftheStateBarofTexas,orwouldjeopardizetheCity’slegalpositioninany administrative proceeding or potential litigation. (Brinker SS and TL) \[ID 16-851\] City of DentonPage 1 of 1Printed on 8/12/2016 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-962,Version:1 Agenda Information Sheet SUBJECT Consultation with Attorneys - Under Texas Government Code, Section 551.071. Consultation,discussion,deliberationandreceiptofinformationfromtheCity’sattorneysinvolvinglegal mattersrelatingtotheannexationorextension/renewalofnon-annexationagreementsforeligibleproperties, andtoprovidetheCity’sattorneyswithdirection,whereapublicdiscussionoftheselegalmatterswould clearlyconflictwiththedutyoftheCity’sattorneystotheCityofDentonandtheDentonCityCouncilunder the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. City of DentonPage 1 of 1Printed on 8/12/2016 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-971,Version:1 Agenda Information Sheet SUBJECT DeliberationsRegardingCertainPublicPowerUtilities:CompetitiveMatters-UnderTexasGovernmentCode Section 551.086. ReceiveapresentationfromDentonMunicipalElectricstaff(“DME”)regardingpublicpowercompetitiveand financialmatterspertainingtoplans,strategies,opportunities,anddevelopmentsforgenerationimprovements totheDMEsystem;discussanddeliberatestrategiesregardingsame;discussanddeliberateopportunitiesand strategiesfortheCitytoacquirepurchasedpowerandenterintoagreementsregardingthesame,inorderto meet its future energy needs. Discuss, deliberate and provide Staff with direction. City of DentonPage 1 of 1Printed on 8/12/2016 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-989,Version:1 Agenda Information Sheet SUBJECT Consultation with Attorneys - Under Texas Government Code Section 551.071. ConsultwithCity’sattorneys,holdadiscussion,andgivestaffdirectionregardingpolicyconsiderationswith regardtothecityinitiatedrezoningrecommendationsofthePlanningandZoningCommissionRezoning Subcommittee,whereapublicdiscussionofthismatterwouldconflictwiththedutyoftheCity’sattorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. City of DentonPage 1 of 1Printed on 8/12/2016 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-1055,Version:1 Agenda Information Sheet SUBJECT Certain Public Power Utilities: Competitive Matters --- Under Texas Government Code, Section 551.086. Receivecompetitivepublicpowercompetitiveinformationandfinancialinformationfromstaffregardingthe proposedFY2016-2017operatingbudgetforDentonMunicipalElectric(“DME”)includingwithout limitation,proposedratesforDMEforFY2016-2017,expectedrevenues,expenses,commodityvolumes,and financial commitments of DME; discuss, deliberate and provide staff with direction. City of DentonPage 1 of 1Printed on 8/12/2016 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-1047,Version:1 Agenda Information Sheet SUBJECT Shirley Johnson and Shirley Martin regarding a property tax freeze for seniors and the disabled. City of DentonPage 1 of 1Printed on 8/12/2016 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-1076,Version:1 Agenda Information Sheet SUBJECT Lavona Duryea regarding internet service. City of DentonPage 1 of 1Printed on 8/12/2016 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-1077,Version:1 Agenda Information Sheet SUBJECT Frank Kluge regarding internet service. City of DentonPage 1 of 1Printed on 8/12/2016 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-1078,Version:1 Agenda Information Sheet SUBJECT John McComack/Danny McComack regarding TMPA power lines. City of DentonPage 1 of 1Printed on 8/12/2016 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-858,Version:1 AGENDA INFORMATION SHEET DEPARTMENT:Materials Management ACM:Bryan Langley AGENDA DATE:August 16, 2016 SUBJECT ConsideradoptionofanOrdinanceoftheCityofDenton,TexasauthorizingtheCityManagertoexecutea professionalservicesagreementbetweentheCityofDentonandFocusedAdvocacy,LLCtoassisttheCityof DentoninadvancingitsStateLegislativeProgram,assistCouncilandstaffinaddressingproposedlegislation, andmaketheCityawareofanylegislativeoradministrativeinitiativesbelievedtobedetrimentaltothe interestsoftheCity;authorizingtheexpenditureoffunds;andprovidinganeffectivedate(File6182-inthe annual not-to-exceed amount of $166,000 for a four (4) year total not-to-exceed $664,000). BACKGROUND: th Asweprepareforthe85TexasLegislature,staffhasbeenworkingwithourtwolegislativeconsultants- FocusedAdvocacy,LLCandSolutionsforLocalControl,LLCduringtheinterimperiod.Recenttrendsofthe TexasLegislaturehavebeenthateachnewsessionbringsanincreasednumberofcity-relatedbillsfiled,with themajorityproposingimpedimentstotheabilityofcitiestogovernfromalocalperspective.Forthelast severalsessions,legislativeleadershavecontinuedtofileandsupportbillsthatwouldlowerorbroadenthe currentcaponannualincreasesinpropertytaxappraisals,imposealocalrevenuecap,enactcostlyunfunded mandates,orerodemunicipalauthoritytoconductlocalaffairs.AsDentoncontinuestogrow,ourlegislative exposurecontinuestoincreasewithpotentiallygreaternegativeimpactstoourbudget,andmoreimportantly, th onourabilitytodeliverservicesinthebestinterestofourcitizens.Forthe84RegularSessionoftheTexas Legislature (2015), legislators filed 6,476 bills, and more than 1,600 were city-related. Stafffeelsthatnow,morethanever,itisimportanttocontinueourrelationshipwithprovenlegislative consultantsaspartofourlegislativestrategy.Giventhehistoryofbadpolicybillsthatourconsultantshave helpedusdefeatormitigate,wefeelthatthebenefitsofcontractingwithsuchaprofessionalserviceoutweigh thecosts(Exhibit1).TheCityofDentonbeganusinglegislativeconsultantstoassistwithgeneralgovernment th issuesduringthe80RegularSessionoftheTexasLegislature(2007).Priortothat,onlyDentonMunicipal Electric(DME)hadusedalegislativeconsultanttoassistthemwithutilityissues.Severalareacitiesalso currently utilize the services of Focused Advocacy, LLC for legislative consulting (Exhibit 2). Also,DentonhasbeenactivelyinvolvedwiththeTexasMunicipalLeague’s(TML)BigCityLobbygroup since2003.ThisgroupbringstogetherrepresentativesfromTMLandmajorTexascitiestoworktogetheron legislativestrategyandcoordinatesupportofbeneficiallegislationandoppositiontodetrimentallegislationto cities.However,duetotheuniquecharacteristicsofeachcity,Dentonsometimesfounditselfwithoutallieson City of DentonPage 1 of 4Printed on 8/12/2016 powered by Legistar© File #:ID 16-858,Version:1 proposedlegislation,suchasonthecollegetextbooksalestaxexemptionbills,orasthetargetofpolitically- motivated members as with the gas well legislation, HB 40. Itisdifficulttoplaceadollaramounttothecostavoidanceforthedefeatofbadpolicybillsduringtheprevious sessions,buttheamountcaneasilyrunintoseveralmilliondollarseachsession.Lookingattherevenuecap issuein2015,forexample,thelegislatureattemptedtopassSB182,abillthatwouldhavedecreasedthe currenteightpercentcapandputahardfourpercentcaponpropertytaxincreasesbyrequiringamandatory citizenelectiontoraisetaxes.Hadthispassed,theCityofDentonalonestoodtolose$1.2millionannuallyor $48millioncumulativelyoveraten(10)yearperiod.Finally,thelegislaturefrequentlyfilesmultiplebills restrictingreasonableeminentdomainandannexationauthority,theauthorityofwhichiscriticaltoour managed growth plans. FocusedAdvocacyalsotrackednearly300separatebillswhichhadthepotentialtoimpactpublicpower systems,includingDME.Inparticular,theyhelpedopposeanddefeatlegislationthatwouldhavederegulated AustinEnergy.DeregulationproposalsaimedatAustinhavesignificantimplicationsforallmunicipal-owned utilities(MOUs)statewide,includingDME.TheMOUderegulationissuewilllikelyresurfaceinthe2017 session.TheyalsohelpedusandourpartnersdefeatlegislationthatwouldhavecappedtheAustinEnergy generalfundtransfer.LegislativemandatesimpactingthefinancialrelationshipbetweenMOUsandtheircities havesignificantimplicationsforpublicpower,whetheraimedatasinglesystemornot.FocusedAdvocacywas alsoinstrumentalingettingpriorityTMPAlegislationpassedthataddressedthestructureandefficiencyofthe agency. Throughtheeffortsofourconsultants,citiesmaintainedauthoritytoexerciseeminentdomainandannexation, preventedfurthererosionofourtaxbasebyhelpingtodefeatSB182,andhelpeddefeatlegislationthatwould have extended further exemptions to utility fees, among many other legislative efforts. th Duringthe85TexasLegislature’sInterimSession,numerousinterimchargesweregiventothelegislatureby theSpeakeroftheHouseandtheLt.GovernortostudyandreportbacktotheHouseandSenatemembers. Typically,thesestudiesidentifypossiblelegislativeactionsandoftenresultinthefilingofbillsinthenext regularlegislativesession.SomeoftheseinterimchargesmayhaveanimpactontheCityofDenton.For example,theSenateSubcommitteeonRevenueandFinancehasbeentouringthestateinanattempttoshoreup supportfortheLt.Governor’spriorityissueofimposingrevenuecapsonmunicipalities,therebyrestricting governing bodies’ ability to set policy and raise revenues appropriate to their communities. Asaresult,staffrecommendsthattheCityandDMEcontinuetohavelegislativeconsultingassistanceto th addresstheseissuesandhopefullyminimizeoreliminateanynegativeimpactsofthe85LegislativeSession. InOctober2010,staffenteredintoatwo(2)yearcontractwithFocusedAdvocacy,LLCforlegislativeservices forgeneralgovernmentissuesandDMEelectricissues.Thetwo(2)yearcontractamountwas$258,000,plusa two(2)yearnot-to-exceedamountof$7,000forreimbursableexpenses.Thecontractwasrenewedin2012 witha$10,000increaseto$268,000andnochangetothenot-to-exceedreimbursableexpenses.Thecurrent contractwasrenewedin2014witha10%increaseforatotalof$294,800plusreimbursableexpenses.This contractexpiresonSeptember30,2016.ThecostofthecontracthasbeensharedbetweentheGeneralFund andtheElectricFundduringthistimeperiod..Theattachedproposedcontract(Exhibit4)containsa10% increase,foratotaltwo(2)yearcontractcostof$324,000plus$8,000fornot-to-exceedreimbursable expenses.Thecontractalsocontainsanoptiontorenewforanadditionaltwo(2)yeartimeperiodwithnoprice increase. Thoughnotpartofthiscontract,theCityalsoplanstorenewthecontractwithSolutionsforLocalControl, City of DentonPage 2 of 4Printed on 8/12/2016 powered by Legistar© File #:ID 16-858,Version:1 LLC,runbyformerStateRepresentativeFredHill.Thecurrentcontractcontainsaprovisionthatallowsthe citytoextendtheagreementforanadditionaltwo-yearterm.Citystaffhasbeenmorethanpleasedwiththe st servicesMr.Hillprovidedundercontract,startinginthe81InterimSession,regardingissuesspecifictosales tax,appraisal/revenuecaps,andcommunitydevelopmentandhousing.Hisknowledgeofcriticalfinanceissues ofinteresttotheCityandhisrelationshipwithcurrentmembersofthelegislatureandleadershipmakehiman invaluableconsultant,particularlyinanupcominglegislativeenvironmentwhichweanticipatewillbehostile tomunicipalrevenuebases.TheLt.GovernorhasmadeappointmentstokeySenatecommitteesthatarenot wellknownforadvocatingonbehalfoflocalgovernmentrevenuesources.Consequently,itisallthemore importantwecontinuetodrawontherespectedandunparalleledexperienceFredHillbringstothetable.The SolutionsforLocalControl,LLCagreementforlegislativeservicesforgeneralgovernmentwillbebroughtto City Council at a later date. RECOMMENDATION AwardaProfessionalServicesAgreementtoFocusedAdvocacy,LLCinthefour(4)yearnot-to-exceed amount of $664,000. PRINCIPAL PLACE OF BUSINESS Focused Advocacy, LLC Austin, TX ESTIMATED SCHEDULE OF PROJECT Thisisatwo(2)yearagreementwiththeoptiontorenewforanadditionaltwo(2)yearperiod.Thecontract will begin October 1, 2016. FISCAL INFORMATION Thefundingforthiscontractwillbesplitbetweengeneralfundoperatingaccount160099.7850andDME DentonMunicipalElectricaccount600001.7854.9210A.Apurchaseorderforthe2016-17fiscalyearwill issued in October. 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:1.3 Promote effective internal and external communication EXHIBITS City of DentonPage 3 of 4Printed on 8/12/2016 powered by Legistar© File #:ID 16-858,Version:1 Exhibit 1: Staff Memo Exhibit 2: List of Municipal Clients Exhibit 3: Ordinance Exhibit 4: Contract Respectfully submitted: Chuck Springer, 349-8260 Director of Finance For information concerning this acquisition, contact: Lindsey Baker at 349-8234. City of DentonPage 4 of 4Printed on 8/12/2016 powered by Legistar© EXHIBIT 1 1659 Spencer Road, Denton, TX 76205 Date: July6, 2016 To: Elton Brock, Purchasing Manager From: Lindsey Baker, Intergovernmental Relations/Public Information Officer Subject: Business Justification for Single-Sourcing (non-competitive) specialized legislative consulting services for General Government and Denton Municipal Electric th would like to single-source legislative consulting services for the 85Texas Legislative session. Considering their in-depth knowledge of the City and DME policies and operations, staff would like to continue the consulting relationship with Focused Advocacy Partners, LLC, for the following reasons: Selected for the same services in the original contract and provided excellent results for both general government and electric issues. Extensive experience providing these services during previous legislative sessions serving Denton and other highly complex municipal clients. Excellent long-standing relationship with the City. Focused Advocacy provides a highly specialized skillset that can address the most critical issues facing the general government side of operations and those facing our electric utility. th It is anticipated that the 85Legislative session will require significant, focused resources for general government and municipal-owned utility issues. Focused Advocacy has proven time and again they are the most skilled consu effectively. I am proposing a two-year professional services contract for $332,000, a 10% increase. The proposed contract specifically calls out the known tasks, but is not limited to those specific tasks, including communications expectations with staff and City Council. This document and any attachments thereto may contain information that is confidential, commercially- sensitive, proprietary, and/or public power utility competitive and financial information in accordance with the provisions of Texas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure. EXHIBIT 2 FOCUSED ADVOCACY TEXAS CITY CLIENT LIST City of Celina City of Corpus Christi City of Denton City of El Paso City of Fort Worth City of Galveston City of Georgetown City of Grand Prairie City of Irving City of Pflugerville City of San Antonio City of Southlake City of Sugar Land City of Tyler City of West Lake Hills EXHIBIT 3 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND FOCUSED ADVOCACY, LLC TO ASSIST THE CITY OF DENTON IN ADVANCING ITS STATE LEGISLATIVE PROGRAM, ASSIST COUNCIL AND STAFF IN ADDRESSING PROPOSED LEGISLATION, AND MAKE THE CITY AWARE OF ANY LEGISLATIVE OR ADMINISTRATIVE INITIATIVES BELIEVED TO BE DETRIMENTAL TO THE INTERESTS OF THE CITY; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE (FILE 6182-IN THE ANNUAL NOT-TO-EXCEED AMOUNT OF $166,000 FOR A FOUR (4) YEAR TOTAL NOT-TO-EXCEED $664,000). WHEREAS, 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 fees do not exceed the maximum 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 Focused Advocacy, LLC, to provide legislative consulting services for the City of Denton, 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 6182 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 3 ______________________________ CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:_________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY:_________________________________ EXHIBIT 4 DocuSign Envelope ID: 5391AD32-03C7-4F60-8A48-5871B48791F0 EXHIBIT 4 DocuSign Envelope ID: 5391AD32-03C7-4F60-8A48-5871B48791F0 EXHIBIT 4 DocuSign Envelope ID: 5391AD32-03C7-4F60-8A48-5871B48791F0 EXHIBIT 4 DocuSign Envelope ID: 5391AD32-03C7-4F60-8A48-5871B48791F0 EXHIBIT 4 DocuSign Envelope ID: 5391AD32-03C7-4F60-8A48-5871B48791F0 EXHIBIT 4 DocuSign Envelope ID: 5391AD32-03C7-4F60-8A48-5871B48791F0 EXHIBIT 4 DocuSign Envelope ID: 5391AD32-03C7-4F60-8A48-5871B48791F0 EXHIBIT 4 DocuSign Envelope ID: 5391AD32-03C7-4F60-8A48-5871B48791F0 EXHIBIT 4 DocuSign Envelope ID: 5391AD32-03C7-4F60-8A48-5871B48791F0 EXHIBIT 4 DocuSign Envelope ID: 5391AD32-03C7-4F60-8A48-5871B48791F0 EXHIBIT 4 DocuSign Envelope ID: 5391AD32-03C7-4F60-8A48-5871B48791F0 EXHIBIT 4 DocuSign Envelope ID: 5391AD32-03C7-4F60-8A48-5871B48791F0 EXHIBIT 4 DocuSign Envelope ID: 5391AD32-03C7-4F60-8A48-5871B48791F0 EXHIBIT 4 DocuSign Envelope ID: 5391AD32-03C7-4F60-8A48-5871B48791F0 EXHIBIT 4 DocuSign Envelope ID: 5391AD32-03C7-4F60-8A48-5871B48791F0 EXHIBIT 4 DocuSign Envelope ID: 5391AD32-03C7-4F60-8A48-5871B48791F0 EXHIBIT 4 DocuSign Envelope ID: 5391AD32-03C7-4F60-8A48-5871B48791F0 EXHIBIT 4 DocuSign Envelope ID: 5391AD32-03C7-4F60-8A48-5871B48791F0 EXHIBIT 4 5ƚĭǒƭźŭƓ /źƷǤ /ƚǒƓĭźƌ ƩğƓƭƒźƷƷğƌ /ƚǝĻƩƭŷĻĻƷ CźƌĻ bğƒĻ tǒƩĭŷğƭźƓŭ /ƚƓƷğĭƷ /źƷǤ /ƚǒƓĭźƌ ğƩŭĻƷ 5ğƷĻ DƩğƓźĭǒƭ ϔ hƩķźƓğƓĭĻ ϔ EXHIBIT 4 Certificate Of Completion Envelope Id: 5391AD3203C74F608A485871B48791F0Status: Sent Subject: Please DocuSign: 6182 Focused Advocacy.pdf Source Envelope: Document Pages: 19Signatures: 2Envelope Originator: Certificate Pages: 6Initials: 0Elton Brock AutoNav: Enabledelton.brock@cityofdenton.com EnvelopeId Stamping: EnabledIP Address: 129.120.6.150 Time Zone: (UTC-08:00) Pacific Time (US & Canada) Record Tracking Status: OriginalHolder: Elton BrockLocation: DocuSign 8/4/2016 12:35:45 PM elton.brock@cityofdenton.com Signer EventsSignatureTimestamp Elton BrockSent: 8/4/2016 12:49:06 PM Completed elton.brock@cityofdenton.comViewed: 8/4/2016 12:50:44 PM Purchasing ManagerSigned: 8/4/2016 12:51:43 PM 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: Brandon Todd AghamalianSent: 8/4/2016 12:51:45 PM brandon@focusedadvocacy.comResent: 8/9/2016 10:33:07 AM Security Level: Email, Account Authentication Viewed: 8/9/2016 12:48:38 PM (Optional) Signed: 8/9/2016 12:49:40 PM Using IP Address: 216.16.194.235 Electronic Record and Signature Disclosure: Accepted: 8/9/2016 12:48:38 PM ID: e19d8934-c850-4dc5-ac5f-8c1a230b0783 John KnightSent: 8/9/2016 12:49:44 PM john.knight@cityofdenton.comResent: 8/9/2016 12:56:30 PM Deputy City AttorneyViewed: 8/9/2016 1:23:56 PM City of DentonSigned: 8/9/2016 1:24:10 PM 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: 8/9/2016 1:24:12 PM julia.winkley@cityofdenton.comViewed: 8/9/2016 1:37:25 PM Contracts Administration Supervisor City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Howard Martin howard.martin@cityofdenton.com Security Level: Email, Account Authentication (Optional) EXHIBIT 4 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: 8/9/2016 12:49:42 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: 8/9/2016 12:49:43 PM sherri.thurman@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: 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 Jennifer Bridges jennifer.bridges@cityofdenton.com Security Level: Email, Account Authentication (Optional) EXHIBIT 4 Carbon Copy EventsStatusTimestamp 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: Lindsey Baker, Intergovernmental Relationsns lindsey.baker@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/Encrypted8/9/2016 1:24:12 PM Electronic Record and Signature Disclosure EXHIBIT 4 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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Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign Express user account to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. EXHIBIT 4 How to contact City of Denton: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: kevin.gunn@cityofdenton.com To advise City of Denton of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at kevin.gunn@cityofdenton.com and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address.. 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EXHIBIT 4 Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the 'I agree' button below. By checking the 'I Agree' box, I confirm that: I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and Until or unless I notify City of Denton as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by City of Denton during the course of my relationship with you. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-894,Version:1 Agenda Information Sheet DEPARTMENT:Development Services/Economic Development Division CM/ ACM:Jon Fortune Date:August 16, 2016 SUBJECT ConsiderarequestforanexceptiontotheNoiseOrdinanceforthepurposeoftheOaktopiaMusicFestival. LivemusicwillbeplayedatLSABurger’sOpen-AirPatioat113E.Hickory;theDentonCountyHistoric CourthouseLawnat110W.HickorySt.;Travelsteadat209-211E.HickorySt.;andtheparkinglot(Second Stage)at126E.OakSt.PerformanceswillbeginonThursday,September22,2016,from5:00p.m.to midnightatLSABurger’sOpen-AirPatioandTravelsteadStage.TheywillcontinueonFriday,September23, 2016,5:00p.m.tomidnightatDentonCountyHistoricCourthouseLawn,Travelsteadstage,andSecondStage locations.ThelastdayofeventsisSaturday,September24,2016,from5:00p.m.tomidnightatDenton CountyHistoricCourthouseLawn,Travelsteadstage,andSecondStagelocations.Anexceptionisspecifically requestedtoincreasesoundlevelsfrom70to75decibelsandforanextensionofhoursfrom5p.m.to midnight. BACKGROUND TheOaktopiaFestivalwillfeaturelivemusicbymorethan20nationalandapproximately80localbands.This isanoutdoorlivemusic,art,andentertainmenteventthatwillbeheldonCitypropertyinthe100-200blockof E.OakSt.,theDentonCountyHistoricCourthouseLawn,theprivatepropertyknownasTravelsteadlocatedat 209-211E.Hickory,andaparkinglotat126E.OakreferredtoastheSecondStage.Additionally,thefestival hasleasedtheE.Oak/E.McKinneyStreetsparkinglottouseasstaging,specialreservedparking,andevent attendeeoverflowparking.MattBattaglia,Co-Founderofthefestival,submittedarequest(Exhibit1)foran exception to the Noise Ordinance for the purpose of the Oaktopia Music Festival. TheOaktopiaFestivalcreatesHotelOccupancyTaxbybringingmorethan20nationallyrecognizedmusical artistsalongwiththeirbandsandtechnicalcrewstoDentontostayinourhotels.Forthe2015festival, Oaktopiapaidfor100roomnights.Forthe2016festival,thatnumberwilldoublefor200roomnightsata calculatedrateof$140perperson.Theeventattractsmorethan7,000peopletoDowntown,whichincreases alcoholandfoodsalesatexistingbusinesses;andgeneratesfurtherinterestinDentonasalivemusicfestival venue and destination. Nowintheirfourthyear,eventorganizershavesomecreativesolutionsforpreviouschallenges.OnThursday, September22,theNorthTexasDayofGiving(NTDG)willalsobehostingtheireventontheHistoricCounty CourthouseontheSquare.OaktopiaandNTDGhavejoinedforcestocrosspromoteeachother’seventsand encourageeventattendeestoexplorebotheventsasifitwereasingleevent.Additionally,Oaktopiawill City of DentonPage 1 of 3Printed on 8/12/2016 powered by Legistar© File #:ID 16-894,Version:1 providethePAsystemforannouncementandbackgroundmusicforNTDGfromthesecondstoryopen-air patioofLSABurger.Oaktopia,whichhasafoodtruckeventplanned,hasnowpledgedtodonateallproceeds fromThursdaynight’seventtotheGreaterDentonArtsCouncilandtheTexasMusicProject.Bothgroupsare verypleasedwiththisarrangementandarelookingforwardtotheirjointfoodtruck-DayofGivingevent.Itis estimatedthatlastyearapproximately500peopleattendedtheNTDGandabout6,000peopleattendedthePre- Topia food truck event, which were held on different days. OaktopiaiscommittedtoreducingDowntownparkingcongestionandimprovingoverallflowfortheirevent. HavinglesstrafficDowntownandorganizingtheflowofpedestriantrafficmeansasmoother-runningevent andincreasedsafetyforallparticipants.Incentivizingtheirattendeesforridingbikesthroughgiveaways, discountedrideswithUber,andutilizingtheLuckyLou’sBustoshuttleattendeesfromUNTtoDowntownfor freearejustafewofthewaystheeventisworkingtoreduceeventrelatedparkinginDowntown.Event organizersexpectatotalattendanceofapproximately5,000paidattendeesduringthethreedaysofthe Oaktopia Festival. OaktopiaorganizersandCitystaffheldseveralstrategymeetingstodiscusslogistics(PoliceandFirewere included)toachievethedesiredeventfootprintandtomeetfireandsafetystandards.MelroseApartmentswill bewithinthestreetclosureboundaries.Eventorganizersmetwithtenantsatthecomplexandwereabletooffer acompensationpackagefortheirinconvenienceduetotheevent.Thepackageincludesbutisnotlimitedto; reservedparking,adedicatedshuttlefromthecomplextotheparkinglot,andweekendpassestotheeventfor tenants. FestivalorganizershavemadeapplicationtotheCityCouncilforanexceptiontotheprovisionofSection17- 20oftheCoderestrictingtheoperationofamplifiedloudspeakersinconnectionwiththeOaktopiaannualevent heldatLSABurger’sOpen-AirPatioat113E.Hickory,theDentonCountyHistoricCourthouseLawnat110 W.HickorySt.,Travelsteadat209-211E.HickorySt.,andparkinglot(SecondStage)at126E.OakSt.,andin connection with said request, has requested the exception to be granted as follows: Thursday,September22,2016,5:00p.m.tomidnight,LSABurger’sOpen-AirPatioandTravelstead Stage, Friday,September23,2016,5:00p.m.tomidnight,DentonCountyHistoricCourthouseLawn, Travelstead stage, and Second Stage location, Saturday,September24,2016,5:00p.m.tomidnight,DentonCountyHistoricCourthouseLawn, Travelstead stage, and Second Stage location, This request is consistent with other outdoor festivals held in the Downtown. Duringthe2015Oaktopiamusicfestival,DentonPolicereceivedasinglecomplaintaboutthenoiselevel duringonebandinparticular,howeverbythetimethePoliceDepartmentwasnotified,thatmusicianhad finished their performance. TheAidetotheCommissionersCourthasapprovedtherequesttousetheDentonCountyHistoricCourthouse Lawn by the Oaktopia Festival during the days and times noted above. PRIOR ACTION/REVIEW (Council, Boards, Commissions) CityCouncilapprovedtherequestforanexceptiontothenoiseordinanceandtoincreasethedecibelsfrom70 to 75 for the 2013, 2014, and 2015 Oaktopia Festivals. City of DentonPage 2 of 3Printed on 8/12/2016 powered by Legistar© File #:ID 16-894,Version:1 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:3.2 Make Denton a destination for visitors EXHIBITS Exhibit 1 - Oaktopia Noise Exception Request Respectfully submitted: Aimee Bissett Director Development Services Prepared by: Christina Davis Economic Development Specialist City of DentonPage 3 of 3Printed on 8/12/2016 powered by Legistar© EXHIBIT 1 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-905,Version:1 Agenda Information Sheet DEPARTMENT:Economic Development/Development Services CM/ ACM:Jon Fortune Date: SUBJECT ConsiderapprovalofaresolutionallowingDI2-Denton1,LLC,DBALoneStarAttitudeBurger,tobeallowed tosellalcoholicbeveragesatOaktopia,September22-24,2016,uponcertainconditions;authorizingtheCity Managerorhisdesigneetoexecuteanagreementinconformitywiththisresolution;andprovidingforan effective date. BACKGROUND TheOaktopiaFestivalisanoutdoorlivemusic,arts,andentertainmenteventthatwillbeheldintheOpen-Air PatioofLSABurgerat113E.Hickory,onCitypropertyinthe100-200blockofE.OakSt.,ontheDenton CountyHistoricCourthouseLawn,theprivatepropertyknownasTravelsteadlocatedat209-211E.Hickory, andtheparkinglot(SecondStage)at126E.OakSt.Additionally,thefestivalhasleasedtheE.Oak/E. McKinneyStreetsparkinglottouseasstaging,specialreservedparking,andeventattendeeoverflowparking. John“Sparky”Pearson,DowntownbusinessownerandExecutiveDirectorofthefestival,submittedarequest (Exhibit 1) to sell alcoholic beverages during the festival that will be provided by Lone Star Attitude Burgers. TheOaktopiaFestivalcreatesHotelOccupancyTaxbybringingmorethan20nationallyrecognizedmusical artiststoDentonwhostayinlocalhotels.Forthe2015festival,Oaktopiapaidfor100roomnights.Forthe 2016festival,thatnumberwilldoublefor200roomnightsatacalculatedrateof$140perperson.Themusic festivalattractsmorethan5,000peopletoDowntown,whichincreasesalcoholandfoodsales;andgenerates further interest in Denton as a live music festival venue and destination. Nowintheirfourthyear,eventorganizershavesomecreativesolutionsforpreviouschallenges.OnThursday, September22,theNorthTexasDayofGiving(NTDG)willalsobehostingtheireventontheHistoricCounty CourthouseontheSquare.OaktopiaandNTDGhavejoinedforcestocrosspromoteeachother’seventsand encourageeventattendeestoexplorebotheventsasifitwereasingleevent.Additionally,Oaktopiawill providethePAsystemforannouncementandbackgroundmusicforNTDGfromthesecondstoryoutdoor patioofLSABurgers.Oaktopia,whichhasafoodtruckeventplanned,haspledgedtodonateallproceedsfrom Thursdaynight’seventtotheGreaterDentonArtsCouncilandtheTexasMusicProject.Bothgroupsarevery pleasedwiththisarrangementandarelookingforwardtotheirjointfoodtruck-DayofGivingevent.Itis estimatedthatlastyearapproximately500peopleattendedtheNTDGandabout6,000peopleattendedthePre- Topia food truck event, which were held on different days. City of DentonPage 1 of 2Printed on 8/12/2016 powered by Legistar© File #:ID 16-905,Version:1 Oaktopiaiscommittedtoreducingdowntownparkingcongestionandimprovingoverallflowfortheirevent. Havinglesstrafficdowntownandorganizingtheflowofpedestriantrafficmeansasmoother-runningeventand increasedsafetyforallparticipants.Incentivizingtheirattendeesforridingbikesthroughgiveaways, discountedrideswithUber,andutilizingtheLuckyLou’sBustoshuttleattendeesfromUNTtodowntownfor free are just a few of the ways the event is working to reduce event related parking in downtown. Eventorganizersexpectatotalattendanceofapproximately5,000paidattendeesduringthethreedaysofthe Oaktopia Festival. PRIOR ACTION/REVIEW (Council, Boards, Commissions) OaktopiawasallowedthesaleandconsumptionofalcoholonCityproperty,andwasapprovedattheOctober 1, 2013, September 16, 2014, and September 15, 2015 City Council meetings. 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:3.2 Make Denton a destination for visitors EXHIBITS Exhibit 1 - Letter of Request Exhibit 2 - Resolution Respectfully submitted: Aimee Bissett Director of Development Services Prepared by: Christina Davis Economic Development Specialist City of DentonPage 2 of 2Printed on 8/12/2016 powered by Legistar© EXHIBIT 1 Exhibit 2 Exhibit 2 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-943,Version:1 AGENDA INFORMATION SHEET AGENDA DATE:August 16, 2016 DEPARTMENT:Parks and Recreation ACM:John Cabrales,Jr. SUBJECT ConsiderapprovalofaresolutionallowingtheBlackChamberofCommercetobethesoleparticipantallowed tosellalcoholicbeveragesattheBluesFestivalSeptember16-18,2016,uponcertainconditions;authorizing theCityManagerorhisdesigneetoexecuteanagreementinconformitywiththisresolution;andprovidingfor an effective date. The Parks, Recreation, and Beautification Board recommends approval (4-0). BACKGROUND TheDentonBluesFestivalCommittee,comprisedofBlackChamberofCommercemembersandcommunity volunteers,votedtoappointtheBlackChamberofCommerceasthesoleproprietortosellalcoholicbeverages (beerandwine)duringtheDentonBluesFestival.TheChamberwillberesponsibleforobtainingtherequired temporary license/permit and will provide comprehensive liquor liability insurance. TheDentonBluesFestival,heldinQuakertownPark,isaculturalfestivalcosponsoredbytheCityofDenton. TheFestivalrunsSeptember16-18,2016.FridaynightincludesKaraokefrom6:30p.m.-9:30p.m.,with Saturdayeventsbeginningat1:00p.m.andendingat10:30p.m.,andSundaybeginningat1:00p.m.and endingat8:30p.m.Therearechildren’sactivities,50vendors,andmusicperformedbylocalandnational Blues artists. Event organizers anticipate approximately 5,000 attendees. RECOMMENDATION TheParks,Recreation,andBeautificationBoardrecommendapprovalwithavoteof4-0.Staffalso recommends approval. PRIOR ACTION/REVIEW (Council, Boards, Commissions) TheCityCouncilhasconsistentlyapprovedanannualrequesttosellalcoholattheDentonBluesFestivalin QuakertownParksince2007,mostrecently,September1,2015,viaResolution2015-022,andAugust5,2014, via Resolution 2014-027. The Parks, Recreation and Beautification Board recommended approval on July 11, 2016, with a vote of 4-0. STRATEGIC PLAN RELATIONSHIP TheCityofDenton’sStrategicPlanisanaction-orientedroadmapthatwillhelptheCityachieveitsvision. Thefoundationfortheplanisthefivelong-termKeyFocusAreas(KFA):OrganizationalExcellence;Public Infrastructure;EconomicDevelopment;Safe,Livable,andFamily-FriendlyCommunity;andSustainabilityand City of DentonPage 1 of 2Printed on 8/12/2016 powered by Legistar© File #:ID 16-943,Version:1 Environmental Stewardship. WhileindividualitemsmaysupportmultipleKFAs,thisspecificCityCouncilagendaitemcontributesmost directly to the following KFA and goal: Related Key Focus Area:Safe, Livable & Family-Friendly Community Related Goal:Provide and support outstanding leisure, cultural, and educational opportunities EXHIBITS 1.Letter of Request 2.Excerpt of Parks, Recreation, and Beautification Board Minutes dated July 11, 2016 3.Resolution with Quakertown Park Contract Respectfully submitted: Emerson Vorel Director of Parks and Recreation Prepared by: Janie McLeod Community Events Coordinator City of DentonPage 2 of 2Printed on 8/12/2016 powered by Legistar© Exhibit 1 June 27, 2016 Kerry Goree Chairman Reggie Hill Janie McLeod President Community Events Coordinator Ron Johnson City of Denton Secretary 601 E. Hickory Suite B John Baines Denton, Texas 76205 Treasurer Mark Courts Board Member Re: the Sale of Liquor Robert Hicks Board Member Dear Janie, Sheryl English The Denton Black Chamber of Commerceis requestingpermission to allowthe sale of Board Member thth alcohol at our 18Annual Denton Blues Festival scheduled to be held on September 16, Connie Baker thth 17, and 18 in the Quakertown Park. Board Member Dr. Kenneth Foster Ourcurrent plans are to have Karaoke night on Friday on the small stage next to City Board Member Hall, and then have the traditional festival on Saturday and Sunday aswe have had for the past 17 years. Friday night would begin at 6:30 and end at 9:30. The Saturday and Sunday schedule begins at 1:00 pm and will end at 10:30 on Saturday night and 8:30 on Sunday night. Please let me know if you need any additional information from me. Sincerely and Respectfully, A member of the Texas Association of John E. Baines, African American Chambers of Festival Organizer Commerce www.taaacc.org A member of the U.S. Black Chamber of Commerce www.usblackchamber. org Exhibit 2 Excerpt of Draft Minutes EXCERPT of DRAFT MINUTES PARKS, RECREATION AND BEAUTIFICATION BOARD July 11, 2016 Civic Center Conference Room After determining that a quorum of the City of Denton, Texas, Parks, Recreation and Beautification Board is present, the Vice Chair of the Board thereafter convened into an open meeting on Monday, July 11, 2016, at 6 p.m. in the Denton Civic Center, 321 E. McKinney St, Denton, Texas. Members Present: Paul Leslie, Gary Barber, Frances Punch, and Maria Renner Members Absent: Russ Stukel, Tara Hartford Staff present: Emerson Vorel, Julie Leal, Cathy Avery, Monica Martin, Tom Klimko, Caroline Seward, John Schubert, Jim Mays and Janie McLeod CALL TO ORDER: Vice Chair Leslie acknowledged the presence of additional Parks staff and asked that each attendee introduce themselves to the Park Board Members. ACTION ITEMS: Consider making a recommendation to the Denton City Council on the following items: Black Chamber of Commerce request to sell alcohol at the Denton Blues Festival: Janie McLeod, Community Events Coordinator, allows possession or consumption of alcohol in Quakertown Park, with a recommendation of the Park Board and successive approval via City Council. The Denton Black Chamber of Commerce will host the 18th annual Denton Blues Festival in Quakertown Park and has requested permission to be the sole proprietor allowed to sell alcohol at that event consistent with policy. Leslie sought a motion: Punch made a motion to recommend approval; Renner seconded. Motion passed unanimously, 4-0. Thereafter, the Park Board adjourned as to this matter and advanced to consider subsequent agenda items. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-965,Version:1 Agenda Information Sheet DEPARTMENT:City Manager’s Office CM/ACM:Howard Martin, Interim City Manager DATE:August 16, 2016 SUBJECT ConsideradoptionofanordinanceoftheCityofDentonauthorizinganagreementbetweentheCityofDenton, TexasandtheDentonBlackChamberofCommerce;authorizingtheexpenditureoffunds;andprovidingforan effective date. ($1900) BACKGROUND ThisAgreementallowsforthetotalexpenditureof$1900fromCouncilContingencyFunds.(CouncilMember KeelyBriggs$200;CouncilMemberDaltonGregory$250;CouncilMemberJoeyHawkins$200;Council Member Kevin Roden $750; and Mayor Chris Watts $500) Key provisions of the Agreement include: FundsshallbeusedbytheDentonBlackChamberofCommerceforexpendituresforthe2016Denton Blues Festival. 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 City of DentonPage 1 of 2Printed on 8/12/2016 powered by Legistar© File #:ID 16-965,Version:1 Related Goal:4.4 Provide and support outstanding leisure, cultural, and educational opportunities EXHIBITS Ordinance and Agreement Respectfully submitted: Howard Martin Interim City Manager Prepared by: Robin Fox Senior Executive Assistant City of DentonPage 2 of 2Printed on 8/12/2016 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-966,Version:1 Agenda Information Sheet DEPARTMENT:City Manager’s Office CM/ACM:Howard Martin, Interim City Manager DATE:August 16, 2016 SUBJECT ConsideradoptionofanordinanceoftheCityofDentonauthorizinganagreementbetweentheCityofDenton, TexasandFredMooreDayNursery;authorizingtheexpenditureoffunds;andprovidingforaneffectivedate. ($1500) BACKGROUND ThisAgreementallowsforthetotalexpenditureof$1500fromCouncilContingencyFunds.(CouncilMember Dalton Gregory $750; and Council Member Kevin Roden $750). Key provisions of the Agreement include: Funds shall be used by Fred Moore Day Nursery for expenses for the Activity Room. 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 City of DentonPage 1 of 2Printed on 8/12/2016 powered by Legistar© File #:ID 16-966,Version:1 opportunities EXHIBITS Ordinance and Agreement Respectfully submitted: Howard Martin Interim City Manager Prepared by: Robin Fox Senior Executive Assistant City of DentonPage 2 of 2Printed on 8/12/2016 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-968,Version:1 Agenda Information Sheet DEPARTMENT:City Manager’s Office CM/ACM:Howard Martin, Interim DATE:August 16, 2016 SUBJECT ConsideradoptionofanordinanceoftheCityofDentonauthorizinganagreementbetweentheCityofDenton, TexasandDentonParksFoundationtobeusedforScholarshipsfortheFriendsoftheParksFoundation; providing for the expenditure of funds; and providing for an effective date. ($450) BACKGROUND ThisAgreementallowsforthetotalexpenditureof$450fromCouncilContingencyFunds.(CouncilMember Dalton Gregory $450) Key provisions of the Agreement include: FundsshallbeusedbytheDentonParksFoundationforscholarshipsfortheFriendsoftheParks Foundation. 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 City of DentonPage 1 of 2Printed on 8/12/2016 powered by Legistar© File #:ID 16-968,Version:1 opportunities EXHIBITS Ordinance and Agreement Respectfully submitted: Howard Martin Interim City Manager Prepared by: Robin Fox Senior Executive Assistant City of DentonPage 2 of 2Printed on 8/12/2016 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-982,Version:1 Agenda Information Sheet DEPARTMENT:City Manager’s Office CM/ACM:Howard Martin, Interim City Manager DATE:August 16, 2016 SUBJECT ConsideradoptionofanordinanceoftheCityofDentonauthorizinganagreementbetweentheCityofDenton, TexasandGivingHope,Inc.;authorizingtheexpenditureoffunds;andprovidingforaneffectivedate. ($1,975) BACKGROUND ThisAgreementallowsforthetotalexpenditureof$1,975fromCouncilContingencyFunds.(Council Member Keely Briggs $725; and Mayor Chris Watts $1,250) Key provisions of the Agreement include: Funds shall be used by Giving Hope, Inc. for Homeless Prevention assistance. 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 8/12/2016 powered by Legistar© File #:ID 16-982,Version:1 EXHIBITS Ordinance and Agreement Respectfully submitted: Howard Martin Interim City Manager Prepared by: Robin Fox Senior Executive Assistant City of DentonPage 2 of 2Printed on 8/12/2016 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-986,Version:1 Agenda Information Sheet DEPARTMENT:City Manager’s Office CM/ACM:Howard Martin, Interim City Manager DATE:August 16, 2016 SUBJECT ConsideradoptionofanordinanceoftheCityofDentonauthorizinganagreementbetweentheCityofDenton, TexasandtheDentonHolidayFestivalAssociation;authorizingtheexpenditureoffunds;andprovidingforan effective date. ($500) BACKGROUND ThisAgreementallowsforthetotalexpenditureof$500fromCouncilContingencyFunds.(CouncilMember Joey Hawkins $500) Key provisions of the Agreement include: FundsshallbeusedbytheDentonHolidayFestivalAssociationforexpendituresforthe2015Holiday Lighting Festival. 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 City of DentonPage 1 of 2Printed on 8/12/2016 powered by Legistar© File #:ID 16-986,Version:1 opportunities EXHIBITS Ordinance and Agreement Respectfully submitted: Howard Martin Interim City Manager Prepared by: Robin Fox Senior Executive Assistant City of DentonPage 2 of 2Printed on 8/12/2016 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-1021,Version:1 Agenda Information Sheet DEPARTMENT:City Manager’s Office CM/ACM:Howard Martin, Interim City Manager DATE:August 16, 2016 SUBJECT ConsideradoptionofanordinanceoftheCityofDentonauthorizinganagreementbetweentheCityofDenton, TexasandDentonAssistanceCenter,Inc.;authorizingtheexpenditureoffunds;andprovidingforaneffective date. ($400) BACKGROUND ThisAgreementallowsforthetotalexpenditureof$400fromCouncilContingencyFunds.(CouncilMember Joey Hawkins $400) Key provisions of the Agreement include: Funds shall be used by Denton Assistance Center to assist with funds that will be used for Serve Denton 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 City of DentonPage 1 of 2Printed on 8/12/2016 powered by Legistar© File #:ID 16-1021,Version:1 opportunities EXHIBITS Ordinance and Agreement Respectfully submitted: Howard Martin Interim City Manager Prepared by: Robin Fox Senior Executive Assistant City of DentonPage 2 of 2Printed on 8/12/2016 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-988,Version:1 Agenda Information Sheet DEPARTMENT:Finance ACM:Bryan Langley Date:August 16, 2016 SUBJECT ConsideradoptionofanordinanceoftheCityCounciloftheCityofDenton,Texas,establishinganEconomic DevelopmentInvestmentFund;definingandcommittingcertainrevenuesoftheCity;providingaseverability clause; and providing an effective date. BACKGROUND TheGovernmentalAccountingStandardsBoard(GASB)hasadoptedStatementNo.54,whichstatesthat SpecialRevenueFundsareusedtoaccountforspecificrevenuesourcesthatarerestrictedorcommittedto expendituresforpurposesotherthandebtserviceorcapitalprojects.InordertocomplywithGASB54,the CityCouncilmustadoptanordinancedefiningthescope,fundingsource,andpurposeoftheEconomic Development Investment Fund, a Special Revenue Fund. TheattachedordinancewillmemorializetheCityCouncil’sintentregardingtheEconomicDevelopment InvestmentFundandensurecompliancewithGASB54.InconjunctionwiththeFY2015-16AdoptedBudget, theCityCouncilapprovedthecreationofthisfundanddedicating$150,000annuallyinmixedbeveragetaxes inordertocreateacashgrantprogramtoincreasetheCity’sabilitytocompeteforlargeeconomic developmentprojectsagainstcommunitieswithTypes4Aor4Beconomicdevelopmentsaletax.Thepurpose ofthisfundistoprovidecashgrantstocompaniesmeetingatleasttwoofthreecriteriawhicharealsodefined below: 1.Providing higher-wage or knowledge-based jobs; 2.Making a substantial capital investment; and 3.Addressing a recruitment or supplier target. Higher-wagejobs aredefinedashavinganaverageannualwageof$55,000orgreaterforallpositionsorat least 25% of the positions have an annual wage of $65,000 or greater. Knowledge-based jobs are defined as occupations which: Requirespecializedandtheoreticalknowledge,usuallyacquiredthroughacollegeeducationor through work experience or other training which provides comparable knowledge; City of DentonPage 1 of 3Printed on 8/12/2016 powered by Legistar© File #:ID 16-988,Version:1 Require some research, analysis, report writing and presentations; and Require special licensing, certification, or registration to perform the job task. Substantialcapitalinvestment undertheEconomicDevelopmentInvestmentFundisaminimumof$15 million. Recruitmentorsuppliertargets includeaviation;advancedmanufacturing;renewableenergy;researchand development;informationtechnology;supplychainlogisticsanddistribution;andlargeconsumersof municipal utilities. Grants from this fund will be performance-based and made via Council approved Chapter 380 agreements. RECOMMENDATION Staffrecommendsthattheattachedordinancedefiningthescope,fundingsourceandpurposeoftheEconomic Development Investment Fund be adopted by the City Council. PRIOR ACTION/REVIEW (Council, Boards, Commissions) OnSeptember17,2015,theCityCouncilapprovedthecreationoftheEconomicDevelopmentInvestment Fund in conjunction with approval of the FY 2015-16 Budget. OnJanuary5,2016,theCityCouncilheldaworksessionregardingtheEconomicDevelopmentInvestment Fund and directed staff to clearly define higher-wage and knowledge-based jobs. OnJuly21,2016,theCityCouncilheldaworksessionregardingtheEconomicDevelopmentInvestmentFund andreceivedthedefinitionsofthefund’squalifyingcriteria.Councildirectedstafftobringthefundforwardas an action item at a future meeting. 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 1.Ordinance Respectfully submitted: Chuck Springer, 349-8260 Director of Finance City of DentonPage 2 of 3Printed on 8/12/2016 powered by Legistar© File #:ID 16-988,Version:1 Prepared by: Antonio Puente, Jr. Assistant Director of Finance City of DentonPage 3 of 3Printed on 8/12/2016 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-991,Version:1 AGENDA INFORMATION SHEET DEPARTMENT:Department of Development Services ACM:Jon Fortune DATE:August 16, 2016 SUBJECT ConsideradoptionofanordinanceoftheCityofDenton,Texas,NuncProTunc,correctinganinadvertent mistakeinOrdinanceNo.2015-189relatingtotherelatedtotheannexationofanareaoflandofapproximately 4.29acrestotheCityofDenton,Texas,generallyidentifiedasPAA4,generallylocatedsouthofMilamRoad; northofLoop288;eastofI-35,westofLocustStreet,andmorespecificallyidentifiedinExhibits“A”and“B” attachedhereto;specificallybyexcludingoneparceloflandthatwasinadvertentlyannexednotwithstanding thattheparcelwaseligibletosignanon-annexationagreementforagricultural,wildlifemanagementor timberlanduse;providingforacorrectionofthecitymaptoexcludetheinadvertentlyannexedland;providing for a savings clause; and providing for an effective date. BACKGROUND Thepurposeofthisagendaitemistocorrecterrorsinannexingaproperty.Duetoamailingerror,thesubject propertywasnotofferedaNonAnnexationAgreementandsubsequentlyannexed.Tofixtheerror,corrections arerequiredforOrdinance2015-189whichannexedthepropertyandOrdinance2015-070adoptingtheNon Annexation Agreements. RickyandAimeeGreathouseownthesubjectpropertylocatedintheareareferredtoaPAA4.Thisareawas annexedin2015byOrdinance2015-189afternotreceivingaNonAnnexationAgreementfromtheproperty owner.Duringthe2015annexationprocess,theCitymailedoutNonAnnexationAgreementstoproperty ownerswithagriculturaltaxexemptionsasrequiredperstatelaw.NonAnnexationAgreementsweremailed outtothemailingaddressesthatwerelistedintheDentonCountyAppraisalDistrictrecords.Accordingtothe Greathouse’sthepreviousownerneverreceivedtheofferofaNonAnnexationAgreementwhenitwasmailed out in 2015. The Greathouse’s purchased the subject property earlier this year after it was annexed. ThisNuncProTuncordinanceisbeingbroughtforwardtocorrectthemistakeinOrdinanceNo.2015-189, annexingthesubjectproperty.Theresultofthisordinanceisthatthesubjectpropertywillcontinuetobe consideredaslandintheExtra-TerritorialJurisdictionuntilitisannexedbytheCity.Staffplanstorefundany paid city taxes by request once the Nunc Pro Tunc is complete. OPTIONS 1.Approve as submitted. 2.Approve subject to conditions. 3.Deny. City of DentonPage 1 of 2Printed on 8/12/2016 powered by Legistar© File #:ID 16-991,Version:1 4.Postpone consideration. 5.Table item. RECOMMENDATION Staff recommends approval of this request. PRIOR ACTION/REVIEW (Council, Boards, Commissions) No prior action. 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:3.1 Develop targeted policies and incentives to achieve desired economic growth EXHIBITS 1.Draft Ordinance Respectfully submitted: Aimee Bissett Director of Development Services Prepared by: Ron Menguita, AICP Long Range Planning Administrator City of DentonPage 2 of 2Printed on 8/12/2016 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-992,Version:1 AGENDA INFORMATION SHEET DEPARTMENT:Department of Development Services ACM:Jon Fortune DATE:August 16, 2016 SUBJECT ConsideradoptionofanordinanceoftheCityofDenton,Texas,NuncProTunc,correctinganinadvertent mistakeinOrdinanceNo.2015-070,relatingtotheacceptanceofeligiblenon-annexationagreementsfor agricultural,wildlifemanagementortimberlandusepropertieswithinanareaoflandadjacenttoandabutting theexistingcitylimitsoftheCityofDenton,Texas,generallyidentifiedasPAA4,generallylocatedsouthof MilamRoad;northofLoop288;eastofI-35,westofLocustStreet,andmorespecificallyidentifiedinExhibits “A”and“B”attachedhereto;specificallybyincludingoneparceloflandthatwasinadvertentlyexcludedfrom OrdinanceNo.2015-070eventhoughtheparcelwaseligibletoreceiveandsignaNon-AnnexationAgreement; providing for a savings clause; and providing an effective date. BACKGROUND Thepurposeofthisagendaitemistocorrecterrorsinannexingaproperty.Duetoamailingerror,thesubject propertywasnotofferedaNonAnnexationAgreementandsubsequentlyannexed.Tofixtheerror,corrections arerequiredforOrdinance2015-189whichannexedthepropertyandOrdinance2015-070adoptingtheNon Annexation Agreements. RickyandAimeeGreathouseownthesubjectpropertylocatedintheareareferredtoaPAA4.Thisareawas annexedin2015byOrdinance2015-189afternotreceivingaNonAnnexationAgreementfromtheproperty owner.Duringthe2015annexationprocess,theCitymailedoutNonAnnexationAgreementstoproperty ownerswithagriculturaltaxexemptionsasrequiredperstatelaw.NonAnnexationAgreementsweremailed outtothemailingaddressesthatwerelistedintheDentonCountyAppraisalDistrictrecords.Accordingtothe Greathouse’sthepreviousownerneverreceivedtheofferofaNonAnnexationAgreementwhenitwasmailed out in 2015. The Greathouse’s purchased the subject property earlier this year after it was annexed. ThisNuncProTuncordinanceisbeingbroughtforwardtocorrectthemistakeinOrdinanceNo.2015-070, acceptingNonAnnexationAgreementsforPAA4.Theresultofthisordinanceisthatthesubjectpropertywill continuetobeconsideredaslandintheExtra-TerritorialJurisdictionuntilitisannexedbytheCity.Staffplans to refund any paid city taxes by request once the Nunc Pro Tunc is complete. OPTIONS 1.Approve as submitted. 2.Approve subject to conditions. 3.Deny. City of DentonPage 1 of 2Printed on 8/12/2016 powered by Legistar© File #:ID 16-992,Version:1 4.Postpone consideration. 5.Table item. RECOMMENDATION Staff recommends approval of this request. PRIOR ACTION/REVIEW (Council, Boards, Commissions) No prior action. 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:3.1 Develop targeted policies and incentives to achieve desired economic growth EXHIBITS 1.Draft Ordinance Respectfully submitted: Aimee Bissett Director of Development Services Prepared by: Ron Menguita, AICP Long Range Planning Administrator City of DentonPage 2 of 2Printed on 8/12/2016 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-998,Version:1 AGENDA INFORMATION SHEET DEPARTMENT:Department of Development Services ACM:Jon Fortune DATE:August 16, 2016 SUBJECT ConsideradoptionofanordinanceoftheCityofDenton,Texas,NuncProTunc,correctinganinadvertent mistakeinOrdinanceNo.2010-117relatingtotheannexationofanareaoflandofapproximately1,171acres totheCityofDenton,Texas,generallyidentifiedasPAA1,generallylocatedsouthofJimChristalRoad;north ofTomColeRoad;westofMaschBranchRoad,andmorespecificallyidentifiedinExhibits“A”and“B” attachedhereto;specificallybyexcludingtwoparcelsoflandthatwasinadvertentlyannexednotwithstanding thattheparcelswereeligibletosignnon-annexationagreementsforagricultural,wildlifemanagementor timberlanduse;providingforacorrectionofthecitymaptoexcludetheinadvertentlyannexedland;providing for a savings clause; and providing for an effective date. BACKGROUND Thepurposeofthisagendaitemistocorrecterrorsinannexingtwoproperties.Duetoamailingerror,the subjectpropertieswerenotofferedaNonAnnexationAgreementandsubsequentlyannexed.Tofixtheerror, correctionsarerequiredforOrdinance2010-117whichannexedthepropertyandOrdinance2010-040adopting the Non Annexation Agreements. RobertandSomboomHanskaownoneofthesubjectpropertylocatedintheareareferredtoaPAA1.The subjectpropertieswereannexedin2010byOrdinance2010-117afternotreceivingasignedNonAnnexation Agreementfromthepropertyowners.Duringthe2010annexationprocess,theCitymailedoutNon AnnexationAgreementstopropertyownerswithagriculturaltaxexemptionsasrequiredperstatelaw.Non AnnexationAgreementsweremailedouttothemailingaddressesthatwerelistedintheDentonCounty AppraisalDistrictrecords.AccordingtotheHanska’s,theyneverreceivedtheofferofaNonAnnexation Agreement when it was mailed out in 2010. KenethandLindaMinhinnettowntheothersubjectpropertylocatedintheareareferredtoaPAA1.According totheMinhinnett’s,theyalsoneverreceivedtheofferofaNonAnnexationAgreementwhenitwasmailedout in 2010. ThisNuncProTuncordinanceisbeingbroughtforwardtocorrectthemistakeinOrdinanceNo.2010-117, annexingthesubjectproperties.Theresultofthisordinanceisthatthesubjectpropertieswillcontinuetobe consideredaslandintheExtra-TerritorialJurisdictionuntiltheyareannexedbytheCity.Staffplanstorefund any paid city taxes by request once the Nunc Pro Tunc is complete. City of DentonPage 1 of 2Printed on 8/12/2016 powered by Legistar© File #:ID 16-998,Version:1 OPTIONS 1.Approve as submitted. 2.Approve subject to conditions. 3.Deny. 4.Postpone consideration. 5.Table item. RECOMMENDATION Staff recommends approval of this request. PRIOR ACTION/REVIEW (Council, Boards, Commissions) No prior action. 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:3.1 Develop targeted policies and incentives to achieve desired economic growth EXHIBITS 1.Draft Ordinance Respectfully submitted: Aimee Bissett Director of Development Services Prepared by: Ron Menguita, AICP Long Range Planning Administrator City of DentonPage 2 of 2Printed on 8/12/2016 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-999,Version:1 AGENDA INFORMATION SHEET DEPARTMENT:Department of Development Services ACM:Jon Fortune DATE:August 16, 2016 SUBJECT ConsideradoptionofanordinanceoftheCityofDenton,Texas,NuncProTunc,correctinganinadvertent mistakeinOrdinanceNo.2010-040,relatingtotheacceptanceofeligiblenon-annexationagreementsfor agricultural,wildlifemanagementortimberlandusepropertieswithinanareaoflandadjacenttoandabutting theexistingcitylimitsoftheCityofDenton,Texas,generallyidentifiedasPAA1,generallylocatedsouthof JimChristalRoad;northofTomColeRoad;westofMaschBranchRoad,andmorespecificallyidentifiedin Exhibits“A”and“B”attachedhereto;specificallybyincludingtwoparcelsoflandthatwasinadvertently excludedfromOrdinanceNo.2010-040eventhoughtheparcelwereeligibletoreceiveandsignNon- Annexation Agreements; providing for a savings clause; and providing an effective date. BACKGROUND Thepurposeofthisagendaitemistocorrecterrorsinannexingtwoproperties.Duetoamailingerror,the subjectpropertieswerenotofferedaNonAnnexationAgreementandsubsequentlyannexed.Tofixtheerror, correctionsarerequiredforOrdinance2010-117whichannexedthepropertyandOrdinance2010-040adopting the Non Annexation Agreements. RobertandSomboomHanskaownoneofthesubjectpropertylocatedintheareareferredtoaPAA1.The subjectpropertieswereannexedin2010byOrdinance2010-117afternotreceivingasignedNonAnnexation Agreementfromthepropertyowners.Duringthe2010annexationprocess,theCitymailedoutNon AnnexationAgreementstopropertyownerswithagriculturaltaxexemptionsasrequiredperstatelaw.Non AnnexationAgreementsweremailedouttothemailingaddressesthatwerelistedintheDentonCounty AppraisalDistrictrecords.AccordingtotheHanska’s,theyneverreceivedtheofferofaNonAnnexation Agreement when it was mailed out in 2010. KenethandLindaMinhinnettowntheothersubjectpropertylocatedintheareareferredtoaPAA1.According totheMinhinnett’s,theyneverreceivedtheofferofaNonAnnexationAgreementwhenitwasmailedoutin 2010. ThisNuncProTuncordinanceisbeingbroughtforwardtocorrectthemistakeinOrdinanceNo.2010-040, acceptingNonAnnexationAgreementsforPAA1.Theresultofthisordinanceisthatthesubjectproperties willcontinuetobeconsideredaslandintheExtra-TerritorialJurisdictionuntiltheyareannexedbytheCity. Staff plans to refund any paid city taxes by request once the Nunc Pro Tunc is complete. City of DentonPage 1 of 2Printed on 8/12/2016 powered by Legistar© File #:ID 16-999,Version:1 OPTIONS 1.Approve as submitted. 2.Approve subject to conditions. 3.Deny. 4.Postpone consideration. 5.Table item. RECOMMENDATION Staff recommends approval of this request. PRIOR ACTION/REVIEW (Council, Boards, Commissions) No prior action. 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:3.1 Develop targeted policies and incentives to achieve desired economic growth EXHIBITS 1.Draft Ordinance Respectfully submitted: Aimee Bissett Director of Development Services Prepared by: Ron Menguita, AICP Long Range Planning Administrator City of DentonPage 2 of 2Printed on 8/12/2016 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-1002,Version:1 AGENDA INFORMATION SHEET DEPARTMENT:Department of Development Services ACM:Jon Fortune DATE:August 16, 2016 SUBJECT ConsideradoptionofanordinanceoftheCityofDenton,Texas,NuncProTunc,correctinganinadvertent mistakeinOrdinanceNo.2015-186relatingtotheannexationofanareaoflandofapproximately1,171acres totheCityofDenton,Texas,generallyidentifiedasPAA1,generallylocatedsouthofJimChristalRoad;north ofTomColeRoad;westofMaschBranchRoad,andmorespecificallyidentifiedinExhibits“A”and“B” attachedhereto;specificallybyexcludingfourparcelsoflandthatwasinadvertentlyannexednotwithstanding thattheparcelswereeligibletosignnon-annexationagreementsforagricultural,wildlifemanagementor timberlanduse;providingforacorrectionofthecitymaptoexcludetheinadvertentlyannexedland;providing for a savings clause; and providing for an effective date. BACKGROUND Thepurposeofthisagendaitemistocorrecterrorsinannexingfourproperties.Duetoamailingerror,the subjectpropertieswerenotofferedaNonAnnexationAgreementandsubsequentlyannexed.Tofixtheerror, correctionsarerequiredforOrdinance2015-186whichannexedthepropertyandOrdinance2015-067adopting the Non Annexation Agreements. JohnandSandyNolesowntwoofthesubjectpropertieslocatedintheareareferredtoaPAA1.Thesubject propertieswereannexedin2015byOrdinance2015-186afternotreceivingasignedNonAnnexation Agreementfromthepropertyowners.Duringthe2015annexationprocess,theCitymailedoutNon AnnexationAgreementstopropertyownerswithagriculturaltaxexemptionsasrequiredperstatelaw.Non AnnexationAgreementsweremailedouttothemailingaddressesthatwerelistedintheDentonCounty AppraisalDistrictrecords.ItwasduringthistimethattheNole’spurchasedthesubjectproperty.Because theirmailinginformationwasnotupdatedintheDentonCountyAppraisalDistrictrecordswhentheCitydid the mailings, the Nole’s never received the offer of a Non Annexation Agreement. AlfredoandSylviaPenaandNobertoandMariaRuizowntheothertwosubjectpropertieslocatedinthearea referredtoaPAA1.AccordingtothePena’sandRuiz’s,theyneverreceivedtheofferofaNonAnnexation Agreement when it was mailed out in 2015. ThisNuncProTuncordinanceisbeingbroughtforwardtocorrectthemistakeinOrdinanceNo.2015-186, annexingthesubjectproperties.Theresultofthisordinanceisthatthesubjectpropertieswillcontinuetobe consideredaslandintheExtra-TerritorialJurisdictionuntiltheyareannexedbytheCity.Staffplanstorefund any paid city taxes by request once the Nunc Pro Tunc is complete. City of DentonPage 1 of 2Printed on 8/12/2016 powered by Legistar© File #:ID 16-1002,Version:1 OPTIONS 1.Approve as submitted. 2.Approve subject to conditions. 3.Deny. 4.Postpone consideration. 5.Table item. RECOMMENDATION Staff recommends approval of this request. PRIOR ACTION/REVIEW (Council, Boards, Commissions) No prior action. 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: 3.1 Develop targeted policies and incentives to achieve desired economic growth EXHIBITS 1.Draft Ordinance Respectfully submitted: Aimee Bissett Director of Development Services Prepared by: Ron Menguita, AICP Long Range Planning Administrator City of DentonPage 2 of 2Printed on 8/12/2016 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-1004,Version:1 AGENDA INFORMATION SHEET DEPARTMENT:Department of Development Services ACM:Jon Fortune DATE:August 16, 2016 SUBJECT ConsideradoptionofanordinanceoftheCityofDenton,Texas,NuncProTunc,correctinganinadvertent mistakeinOrdinanceNo.2015-067,relatingtotheacceptanceofeligiblenon-annexationagreementsfor agricultural,wildlifemanagementortimberlandusepropertieswithinanareaoflandadjacenttoandabutting theexistingcitylimitsoftheCityofDenton,Texas,generallyidentifiedasPAA1,generallylocatedsouthof JimChristalRoad;northofTomColeRoad;westofMaschBranchRoad,andmorespecificallyidentifiedin Exhibits“A”and“B”attachedhereto;specificallybyincludingfourparcelsoflandthatwasinadvertently excludedfromOrdinanceNo.2015-067eventhoughtheparcelswereeligibletoreceiveandsignNon- Annexation Agreements; providing for a savings clause; and providing an effective date. BACKGROUND Thepurposeofthisagendaitemistocorrecterrorsinannexingfourproperties.Duetoamailingerror,the subjectpropertieswerenotofferedaNonAnnexationAgreementandsubsequentlyannexed.Tofixtheerror, correctionsarerequiredforOrdinance2015-186whichannexedthepropertyandOrdinance2015-067adopting the Non Annexation Agreements. JohnandSandyNolesowntwoofthesubjectpropertieslocatedintheareareferredtoaPAA1.Thesubject propertieswereannexedin2015byOrdinance2015-186afternotreceivingasignedNonAnnexation Agreementfromthepropertyowners.Duringthe2015annexationprocess,theCitymailedoutNon AnnexationAgreementstopropertyownerswithagriculturaltaxexemptionsasrequiredperstatelaw.Non AnnexationAgreementsweremailedouttothemailingaddressesthatwerelistedintheDentonCounty AppraisalDistrictrecords.ItwasduringthistimethattheNole’spurchasedthesubjectproperty.Because theirmailinginformationwasnotupdatedintheDentonCountyAppraisalDistrictrecordswhentheCitydid the mailings, the Nole’s never received the offer of a Non Annexation Agreement. AlfredoandSylviaPenaandNobertoandMariaRuizowntheothertwosubjectpropertieslocatedinthearea referredtoaPAA1.AccordingtothePena’sandRuiz’s,theyneverreceivedtheofferofaNonAnnexation Agreement when it was mailed out in 2015. ThisNuncProTuncordinanceisbeingbroughtforwardtocorrectthemistakeinOrdinanceNo.2015-067, acceptingNonAnnexationAgreementsforPAA1.Theresultofthisordinanceisthatthesubjectproperties willcontinuetobeconsideredaslandintheExtra-TerritorialJurisdictionuntiltheyareannexedbytheCity. Staff plans to refund any paid city taxes by request once the Nunc Pro Tunc is complete. City of DentonPage 1 of 2Printed on 8/12/2016 powered by Legistar© File #:ID 16-1004,Version:1 OPTIONS 1.Approve as submitted. 2.Approve subject to conditions. 3.Deny. 4.Postpone consideration. 5.Table item. RECOMMENDATION Staff recommends approval of this request. PRIOR ACTION/REVIEW (Council, Boards, Commissions) No prior action. 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: 3.1 Develop targeted policies and incentives to achieve desired economic growth EXHIBITS 1.Draft Ordinance Respectfully submitted: Aimee Bissett Director of Development Services Prepared by: Ron Menguita, AICP Long Range Planning Administrator City of DentonPage 2 of 2Printed on 8/12/2016 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-1007,Version:1 AGENDA INFORMATION SHEET AGENDA DATE:August 16, 2016 DEPARTMENT:Parks and Recreation ACM:John Cabrales, Jr. SUBJECT ConsiderapprovalofaresolutionadoptingtheCityofDentonPublicArtMasterPlanfortheCityofDenton, TX; and providing an effective date. The Public Art Committee recommends approval (7-0). BACKGROUND TheCityofDentoncontractedMargaretChalfantofChalfantConsultingtodevelopadata-drivenPublicArt MasterPlan.Meetingswereheldwithfocusgroups,stakeholders,civicorganizations;theDentonParks Foundation,PublicArtCommittee,ConventionandVisitor’sBureau,andtheParks,Recreationand BeautificationBoard.TheonlinesurveyquestionnairesolicitedcitizeninputfromSeptember15through November 30, 2016, and elicited a total of 1,672 responses. RECOMMENDATION StaffrecommendsadoptionofthePublicArtMasterPlanconsistentwiththePublicArtCommittee’s unanimous vote in support. PRIOR REVIEW July26,2016:WorkSessionpresentationtoCityCouncil.EmersonVorel,DirectorofParksandRecreation, sharedthehistoricalbackgroundregardingtheneedforandcommissionofthePublicArtMasterPlan. Followingthatdiscussion,membersofCityCouncildirectedthatthePublicArtMasterPlanbecalendaredfor consideration via the City Council consent agenda. June7,2016:TheproposedPublicArtMasterPlanwasadvancedforCityCouncilconsiderationandadoption. MembersofCityCouncilrequestedtheitembescheduledforaWorkSessiondiscussionpriortobeing advanced for future consideration. May20,2016:InformalStaffReportpublishedtoCityCouncilthatsummarizedthehistoryandpurposeofthe PublicArtMastertogetherwiththecompletedPublicArtMasterPlan,whichwouldbeadvancedforadoption on Jun 7, 2016. April7,2016:PublicArtCommitteeunanimouslyrecommendedadoptionoftheproposedPublicArtMaster Plan with a vote of 7-0. City of DentonPage 1 of 2Printed on 8/12/2016 powered by Legistar© File #:ID 16-1007,Version:1 Oct5,2015:MargaretChalfantpresentedtheDentonPublicArtQuestionnairetothemembersataCity CouncilWorkSession.ChalfantfashionedthesurveytocollectdatatoshapethePublicArtMasterPlanand encouraged City Council members to offer guidance and feedback at any point during that process. April7,2015:CityCounciladoptedOrdinance2015-090andallocatedan$80,000ProfessionalServices Agreement to Margaret Chalfant of Chalfant Consulting to develop a City of Denton Public Art Master Plan. FISCAL INFORMATION CityCouncilallocated$80,000fortheProfessionalServicesAgreementtodevelopaCityofDentonPublicArt Master Plan. 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, Livable & Family-Friendly Community Related Goal: Provide and support outstanding leisure, cultural, and educational opportunities. EXHIBITS 1.Proposed Public Art Master Plan 2.Public Art Committee Minutes dated April 7, 2016 3.City of Denton Public Art Inventory as of May 2016 4.Proposed Resolution Respectfully submitted: Emerson Vorel Director of Parks and Recreation City of DentonPage 2 of 2Printed on 8/12/2016 powered by Legistar© Exhibit 1 PreparedbyMargaretChalfant,ChalfantConsultingFebruary2016 0 Public Art Master Plan City of Denton, Texas The Legacy, Denton Enterprise Airport Pops Carter, Quakertown Park PublicArtMasterPlan,2016ChalfantConsulting ABOUT DENTON: The City of Denton has been engaging the community over the past nine months to develop a Public Art Master Plan (PAMP). The PAMP provides residents, property owners, city officials and staff a framework for making sound decisions. The creation of the PAMP has involved collaboration between city staff, community organizations, business associations, property and business owners and managers, residents, and other stakeholders. The planning process involved working with these stakeholders to identify a vision and future direction for public art in Denton and to establish goals and action steps to implement the vision. Public meetings and an online survey provided opportunities for community input. The survey was optimized by the use of Facebook pages of Keep Denton Beautiful (KDB), Denton Parks, Recreation and Beautification Department, Downtown Denton, and Greater Denton Arts Council (GDAC). In June 2015, stakeholder meetings and focus groups began. Invitations were extended to members of the Parks, Recreation and Beautification Board, the Parks Foundation, former and current members of the Public Art Committee (PAC), Convention and Visitors Bureau (CVB), city staff and other interested parties. The public art survey was formulated and went online in early September. It ran for three months; the survey was taken by 1,672 persons. Of those, 573 gave email addresses and requested to be sent information on public art. This contact information has been given to the Parks, Recreation and Beautification Department to promote and inform these persons about public art in the city. During the fall, contact was made with civic organizations, Denton Independent School District (DISD) art teachers, University of North Texas (UNT), Texas Woman’s University (TWU) and members of the general public to gain their input on public art. The City Council was brought up-to-date on the process. An outstanding cross-section of comments by was received from Dentonites. Data from the above sources helped to formulate the PAMP. One of the focus groups noted that Denton needed to be branded. Survey takers were asked to state one word that exemplified Denton to them. The diversity of answers reflected the eclectic and multi-faceted community that is Denton. There is simply not one asset that rises to the top that singularly states ‘this is Denton.’ The public art should reflect the diversity of the city. THE DEFINITION OF PUBLIC ART The City of Denton Public Art Policy: “Public art, as defined by this policy, encompasses the broadest definition of visual art including all artistic disciplines. Public art governed by this policy shall be art that is visually or physically accessible to the public and that is acquired by, donated to, and approved by the City of Denton. Public art that is neither paid for with public funds, nor created through special conditions by approval of the City of Denton, is not governed by this policy.” PublicArtMasterPlan,2016ChalfantConsulting ONLINE DATA COLLECTION AND RESULTS: The public art survey went online in September 2015 and ran through November 2015. It was administered by SWASH Labs. Listed below are the questions and results of the survey. Comments are included as to how to implement data for the PAMP. Question 1 Conclusion: As the graph shows, 60% of those taking the survey were unaware of the public art collection in the City of Denton. This response indicates that the PAC should strengthen their efforts to educate citizens about the current collection and the value of public art in the city. The PAC should actively promote present pieces and gain more citizen involvement in future projects. In the last bond election, the committee reported that all sub-committees viewed funding for public art as very important. From this one may conclude that the community values their creative culture. Public art is an economic engine. It encourages cultural tourism. It has been shown that art adds to the tax base significantly when marketed properly. It adds to quality of life and serves as an enhancement for companies to locate in Denton. The arts are known to enhance the quality of education. Investment in public art brings many benefits to a community. PublicArtMasterPlan,2016ChalfantConsulting Data indicates that the PAC should incorporate ways to educate the public as to the value and importance of public art and the contents of the current public art collection. Information about public art should be included in various reports to the citizens put out by the City. Use of the insert in the Denton Municipal Electric bills is a good example. Question 2 PublicArtMasterPlan,2016ChalfantConsulting Data shows that citizens believe the top goals should be: 1.To support the development of local artists and art forms. 2.Give voice to the unique culture history and spirit of Denton. 3.Create whimsy and delight in everyday places. 4.Create an outlet for community creativity and expression. 5.Revitalize neighborhoods and engage communities. 6.Provide opportunities for people to connect with art that enriches their lives. These goals may be accomplished by several methods. These goals and implementation are interwoven throughout this report. Question 3 PublicArtMasterPlan,2016ChalfantConsulting Data shows the top six locations are: 1.In community facilities, such as libraries, parks, recreation centers and senior centers. 2.The downtown Hickory Street Arts Corridor. 3.As part of neighborhood transportation projects, such as artist-designed pedestrian improvements and traffic calming. 4.At major gateways to the City. 5.Quakertown Park and the Civic Center. 6.At major public buildings such as City Hall. By definition public art is visual art that is located on or in properties owned by the City of Denton. However, art in public places is art in public view, but owned by private entities. As the Public Art Master Plan (PAMP) progressed, many of the locations mentioned in survey responses were addressed by the PAC. The Hickory Street Arts Corridor (the area from Locust to Bell) has become saturated with public art. It is beginning to be a source of visual clutter. Proposed artwork in front of the Central Fire Station will become an iconic piece worthy of national recognition. The Arts Walk of Fame will be framed with two poems by karla k morton, 2010 Texas State Poet Laureate. The work,November Devil by David Illes sits on the corner of Hickory and Locust. Above All Else, Integrity by George Cadell is located in the courtyard of City Hall East. There are murals on the eastern exterior wall of the Patterson-Appleton Arts Center. Quakertown Park now has several pieces of public art, i.e. Oh Be Joyful,Pops Carter and Festival in Motion. The Civic Center is home to the Historic Quakertown brick mural by local artist Paula Collins. City facilities contain artworks and poems from Passion, Art, Community: Denton, Texas in Word and Image. It is time to expand to other locations for public art outside the perimeters of the Hickory Street Arts Corridor. The Arts Corridor should be extended across Bell to the south east corner of Hickory and Exposition across from the Police Station at the site of the future Community Market. Many cities have used public art for traffic calming. Dialogue should begin with the Streets Division of the City as to how this can be accomplished and included in future public art commissions. Public art maybe used for placemaking. Signage designating areas or neighborhoods can be a joint project of the neighborhoods, PAC and KDB. In this project four or five neighborhoods would be selected each year. A committee made up of residents of the area, KDB, PAC, GDAC would work together on locations and designs. Local artists would be chosen and paid a stipend for their work. The signage should be of like size and materials for all neighborhoods. The designs would be presented to the PAC with final approval by City Council. These projects could be planned two or three years out and implemented in orderly succession using Hotel Occupancy Tax (HOT) funds. Signage would be on city easements. These projects would be PublicArtMasterPlan,2016ChalfantConsulting considered temporary art projects with a limited life span. They would not be eligible for continued maintenance. When replacement is needed, the same process could be applied. City Hall contains many outstanding works of art by Denton area artists. The art exemplifies the tradition of the creative community from the 1930’s forward. Works by outstanding female artists who taught at TWU as Carlotta Corpron and other nationally recognized artists have been added to the collection. They supply historic narrative and give depth to the collection and the history of Denton. Examples of Traffic Calming Art: City of Rochester/Boulevard Art Trompe l’oeil PublicArtMasterPlan,2016ChalfantConsulting Question 4 Data shows the citizens would like downtown art to: 1.Beautifies functional elements in the streetscape (artist-designed benches, bike racks, crosswalks, wrapped traffic control boxes). 2.Provides visual surprises for people walking around downtown. 3.Animates public spaces and draws people downtown from all over Denton. During stakeholder and focus group meetings, there was marked interest in artist-designed or decorated benches, particularly at transportation stops by DCTA buses. This specifically addresses the downtown area, not only the Hickory Street Arts Corridor. Art should be used as an expansion tool for the downtown area. Comments included in the survey stated that too much space was being lost for pedestrians by the addition of bike racks and sculpture pieces that took up valuable walk space. As visual art expands off the Downtown Square, it is critical to allow ample space for pedestrian areas. Many cities have wrapped traffic control boxes with artist designed wraps. A perfect area to use this technique is Carroll Boulevard. This would expand visual art along a major thoroughfare. Cities using this technique have experienced outstanding results. The flavor of the city is captured by local artists. The wraps cost about $ 1,000 each. PublicArtMasterPlan,2016ChalfantConsulting Question 5 Data shows citizens would like the following in parks and open spaces: 1.Provides a playful and interactive experience. 2.Beautifies functional elements (artist-designed benches, bike racks, crosswalks). 3.Encourages learning and exploration. Answers revealed that citizens would like fun, playful and exuberant art in the parks. Eureka 2 located in South Lakes Park was noted several times as a perfect place for art by and for children. Some noted that a sculpture of various ethnicities playing together would show Denton’s diversity. Others thought that a playful wall with children’s art would be appropriate. Currently the PAC is considering a project brought forward by DISD art teachers. Elementary schools would each produce a tile representing their school. These tiles would be a welcome wall to the park. This would bring children’s art to South Lakes Park. Other ideas of a more playful, colorful installation were put forward. The Leap Frogs at North Lakes Park are an excellent example of whimsy and interactive play. Benches and kinetic pieces could be considered along running trails. The kinetic pieces could be reminiscent of those produced by Donald Knaack, the Junkman. Knaack is a trained percussionist and composer who performs on and composes for recycled materials exclusively. This could tie into Denton’s ‘green programs’ and reach out to the UNT College of Music to create a percussive joint artistic venture. Consideration could be given to invite Donald Knaack to come to Denton and begin the dialogue for the project with a return visit once the project is complete. PublicArtMasterPlan,2016ChalfantConsulting Location of public art in parks. Harmony in South Lakes Park Leap Frogs in North Lakes Park PublicArtMasterPlan,2016ChalfantConsulting Question 6 The survey revealed the citizens would like the following in civic buildings: 1.Artistic approaches, such as murals that build on the community’s artistic traditions. 2.Enhances the visual appearance of these facilities. 3.Result from engagement between artists and the communities where the facilities are located. As city buildings are renovated or new ones built, 2% or 4% for art should be included. The last Capital Improvement Program (CIP) Bond election saw the inclusion of public art in many of the projects. The outstanding art works in the new fire stations are examples of this. Murals could be painted, done in mosaics or stained glass. Collaboration between the City, the community where the facility is located, artists and the architects can achieve outstanding results and reflect various facets of the community. Dialogue between the citizens and PAC and all interested parties should be encouraged with an open forum on the site selection and type of artwork desired. PublicArtMasterPlan,2016ChalfantConsulting Question 7 The citizens state that the gateways and major corridors should have art that: 1.Says something about the personality of Denton. 2.Can be enjoyed by drivers, transit riders, cyclists, and pedestrians alike. 3.Let’s people know that they have arrived in a place that values creative, quality design. Major gateways to the city are excellent opportunities for a community to express who they are. A major piece of art could be located near the juncture of I-35 E and I-35 W. It could reflect the diversity that is Denton or the history of the area. An appropriate piece could focus on the history of the area i.e. the Butterfield Stage. Another historical concept would be a longhorn cattle drive. The Pioneer Plaza Cattle Drive, Dallas, Texas PublicArtMasterPlan,2016ChalfantConsulting Another area to be considered for public art is the City property on Dallas Drive near the Eagle Drive intersection. It runs from the overpass to the entry of Southeast Denton neighborhood. This area lends itself to a mosaic mural depicting all genres of art that encompass the Denton vibe. RECOMMENDATIONS: The PAC should reflect representation of Denton’s diverse cultural makeup. Composition should include citizens in business, education, volunteers and those interested in the arts. An annual retreat of the PAC members and City staff to review the public arts policy and understand how the PAC functions within the framework of the City. It is recommended that this retreat be facilitated by an outside consultant. In recent years the numbers of artists responding to the Request for Proposals (RFP) has been declining. Many cities have gone to a system of pre-vetting for both established and emerging artists. This enables projects to move forward quickly. Both Dallas and Fort Worth have approved lists of selected artists from which to work. Dallas has a working model of this system, as does Fort Worth. It is strongly recommended that this type of system be employed by Denton. Artists are given guidelines and encouraged to be listed. This is a benefit for the artists because (1) they are already approved for Denton commissions and (2) entities desiring to commission a specific type of art can use this list as a resource tool. Inclusion gives artists immediate credibility. In depth information on the Cultural Arts Department of Dallas has been given to City staff. It could easily be adapted for use by Denton. Survey shows 60% of citizens were unaware of the public art collection. Better education and understanding of Denton’s public art and its value to the community needs to be done. Public programs focusing on the outstanding pieces should be given. Each member of the PAC should have an ‘elevator speech’ on the value of public art. Programs about public art should be offered to civic organizations around the city. A professional video/power point presentation for these programs would provide a valuable, visual tool. Employment of a full-time Public Art Administrator for the City and/or the establishment of a Cultural Arts Department with in the City is necessary to achieve the goals stated in the PAMP. As the public art collection expands, it will be critical to have one person engaged in all facets of the program. Funding—a line item in the City budget annually shows commitment to the program. This would be in addition to the annual HOT funds allocation. Grants should be sought on a local, state, national level. Collaborations with the art departments of UNT and TWU should be encouraged. Public art should be included in all voter approved bonds. PublicArtMasterPlan,2016ChalfantConsulting There should be a mechanism to build and add to maintenance funds for the public art collection. User friendly, standalone PAC website--tied to City of Denton website by URL. This would be a showcase for the public arts. If possible, it should be tied to the universities and CVB...include maps for walking and riding tours. The website can facilitate education about the value of public art and the importance of public art to the community. LOCATIONS: Eureka 2 Playground in South Lakes Park. City Hall. Central Fire Station. Placemaking in neighborhoods. Carroll Boulevard. Hickory Street and Exposition future site of the Community Market. Dallas Drive and Eagle Drive. Cooperative projects with KDB, GDAC, City of Denton Water Department and Solid Waste Departments, Denton Municipal Electric, and neighborhood groups. A sub- committee comprised of PAC members and interested participants meet and begin dialogue on these projects. Pieces of temporary nature –i.e. pop up art; murals; placemaking signage—three-year paint over in contract. Artistic wraps for traffic control boxes. The wraps would be designed by local artists and could be located at various places around the city. It would not be the responsibility of the City’s Traffic Department to maintain the wraps. They would be considered temporary art and removed if defaced or damaged. Summer Haze, City Council Work Session Room PublicArtMasterPlan,2016ChalfantConsulting FIVE YEAR PLAN: Year 1 – Firefighter’s Memorial—Central Fire Station funding-- Bond Election $ 200,000-250,000. Concept Renderings of 9/11 Firefighters Memorial Bell Tower, Central Fire Station The 9/11 Firefighters Memorial Bell Tower is reflective of the architectural style of Central Fire Station. It uses a piece from the World Trade Center and utilizes the fire bell from an earlier Denton Fire Station. The designer’s fee has been donated for the project. It honors the bravery of firefighters. Structural engineering, lighting focus and other cost considerations are currently PublicArtMasterPlan,2016ChalfantConsulting under way on the project. The firemen are very pleased over the design. It will be an outstanding addition to anchor the Hickory Street Arts Corridor. Granite Slab Fountain, 2004 by Jesus Moroles located in the courtyard of City Hall Funding--Parks, Recreation and Beautification—Bond Election $ 135,000-150,000 $$$ $$ Granite Slab Fountain, 2004 Jesus Moroles Rc Concept of Granite Slab Fountain, 2004 City Hall courtyard Granite Slab Fountain, 2004 by Jesus Moroles. Jesus Moroles studied at UNT and became a world renowned sculptor. It was hoped that he would be commissioned to create an original piece for Denton. His untimely death in 2015 ended this dream. A private collector will sell/donate the Granite Slab Fountain, 2004 they commissioned from Jesus Moroles. The piece has been appraised for $ 80,000. This price does not reflect in the increase in value following his death. Moroles works sell for $ 300,000 and up. This piece will be a treasure to add to the City’s art collection. The fee for the fountain does not include transport and installation. PublicArtMasterPlan,2016ChalfantConsulting Hiring of a full-time public art Administrator. Line Item, City Budget $ 45,000 Public art website up and running. HOT Funds $ 5,000 PAC Annual Retreat. $ 750-1,000 Year 2— City of Denton Landfill at ECO-W.E.R.C.S.—Sculpture made from recycled materials HOT funds and the City of Denton Landfill at ECO-W.E.R.C.S. $ 50,000-75,000 White House Millennium Project, Lawton, Oklahoma The City of Denton’s award-winning Landfill at ECO-W.E.R.C.S. has requested a piece of public art. This could be an outstanding project using the style of Donald Knaack, mentioned above. The project would be inclusive of design, musicality and expand many possibilities for citizens to be involved. This project would be collaboration between PAC/UNT College of Music/UNT College of Visual Art and Design. Placemaking signage. HOT Funds $ 500- 1,000 Artist embellished benches for the Downtown Area expansion of public art. $ 1,500-3,000 Local stores/companies could fund a small stipend to an artist to paint a bench or design a wrap for traffic control boxes. Possible collaborators could be DCTA, businesses, KDB, PAC and GDAC. The City would purchase benches that were compliant with ordinances and ADA requirements. Local businesses or citizens would pay a stipend to an artist of $ 100 for the art work. All designs would need approval of the PAC and City Council. A full-time public art Administrator. Line Item, City Budget $ 45,000 PAC Annual Retreat. $ 750-1,000 PublicArtMasterPlan,2016ChalfantConsulting Year 3— Eureka 2 Playground in South Lakes Park Parks, Recreation and Beautification Department. $ 50,000- 75,000 Collaborate with DISD elementary art teachers to produce interactive work. This project would engage another facet of the Denton arts community. Placemaking signage and utility box wraps would continue. $ 4,500-7,000 Traffic calming options tested. $ 1,500-3,000 A full-time public art Administrator. Line Item, City Budget $ 45,000 PAC Annual Retreat . $ 750-1,000 PAC involved in the planning of the proposed City Hall. A minimum of 2% of the project should be dedicated to public art. Citizen education for the project should begin. Year 4— Work in conjunction with the Convention Center planners for public art to be part of the project. An outstanding example is in the Fort Worth Convention Center. The suspended star sculpture is made of hats of Fort Worth citizens. It is a point of pride for the citizens and an important statement of what Fort Worth represents. This type of project could become an iconic piece for Denton. Planning begins for a significant gateway piece of historic nature. The Butterfield Stage or a longhorn cattle drive would be outstanding subjects. This will take at least two years to formulate and execute. The accumulation of HOT funds for the project should be requested as well as additional monies from the City budget. Begin plans to update the Master Plan. PAC involved in the planning of the proposed City Hall. A minimum of 2% of the project should be dedicated to public art. Plans for Citizen Involvement begun. PublicArtMasterPlan,2016ChalfantConsulting Public Art Administrator. Line Item, City Budget. $ 45,000-50,000 Placemaking signage and utility box wraps. $ 4,500-7,000 Traffic calming options. $ 1,500-3,000 PAC Annual Retreat. $ 750-1,000 Year 5— New Master Plan completed. Continued PAC involvement in the planning of the proposed City Hall. A minimum of 2% of the project should be dedicated to public art. Plans for citizen involvement initiated. Significant Gateway piece finished and dedicated. Public Art Coordinator. $ 45,000 – 50,000 PAC Annual Retreat. $ 750-1,000 Placemaking signage and utility box wraps continue. $ 4,500-7,000 Traffic calming options. $ 1,500-3,000 Current locations for public art: Downtown. Courtyard of the City Hall. Central Fire Station. Future sites: Eureka 2 at South Lakes Park. Denton Municipal City of Denton Landfill at ECO-W.E.R.K.S. Running trails. Benches at transit stops and downtown. Community Market site. Neighborhoods. Traffic control boxes, beginning with Carroll Boulevard. Traffic calming intersections. Convention Center. Gateway. PublicArtMasterPlan,2016ChalfantConsulting OBSERVATIONS: Hickory Street Arts Corridor is becoming saturated with art. Visual clutter will not enhance the public art pieces that now exist and are currently proposed. To avoid the visual clutter; expand downtown arts to nearby streets. Make the entire downtown area appealing by use of murals, utility box wraps and artistic benches. Public art should serve all people in each area of the city. The placemaking signage will aid in reaching this goal. After an artist receives a commission or purchase of their work; that artist is ineligible for consideration for three years. Look toward diversity of artists and projects. Funding should include grants, joint ventures, line item funding annually and the building of a $ 500,000 public art fund for future major undertakings. Maintenance should begin three years following installation. An evaluation of reviewing current pieces should happen each year. Documentation of evaluations should be kept on all pieces. Forms developed for evaluations, accessions, and deaccessions. FINAL COMMENTS: Denton has a reputation for being an arts and cultural center. A solid foundation has been built for public art over the past ten years. The leadership in Denton should be commended for understanding the importance of public art. Continued orderly growth will insure that the future of public art will flourish. Historic Quakertown, Civic Center PublicArtMasterPlan,2016ChalfantConsulting ACKNOWLEDGEMENTS: The City of Denton Public Art Master Plan is the product of the hard work and creative input of many people. I appreciate the thoughtfulness, time and energy contributed by numerous stakeholders, focus groups, citizens and representatives from the City. The Denton City Council The Public Art Committee Mayor Chris Watts Jim Clement, Chair Kevin Roden, District 1 Millie Giles Keely Briggs, District 2 Gerri Veeder Kathleen Wazny, District 3 Frank Mayhew Joey Hawkins, District 4 Mike Barrow Dalton Gregory, At Large Place 5 Guy Bruggeman Greg Johnson, At Large Place 6 Glen Farris George Neil Bryan Wheeler City of Denton Tracy Bays-Booth, ex-officio GDAC John Cabrales, Jr., Assistant City Manager Denton Parks Foundation Emerson Vorel, Director Parks and Parks, Recreation and Beautification Board Recreation Department Keep Denton Beautiful Janie McLeod, Community Events Greater Denton Arts Council Coordinator Downtown Denton Main Street Association SWASH Labs Margaret Edge Chalfant ChalfantConsulting chalfantconsultant@gmail.com9403003544 PublicArtMasterPlan,2016ChalfantConsulting Exhibit 2 Excerpts from Minutes PUBLIC ART COMMITTEE MINUTES April 7, 2016 After determining that a quorum of the City of Denton, Texas, Public Art Committee is present, the Chair of the Committee thereafter convened into an open meeting on April 7, 2016, at 4 p.m. in the Denton Civic Center, 321 E. McKinney St., Denton, Texas. Members present: Jim Clement, Millie Giles, Gerri Veeder, Frank Mayhew, Mike Barrow, Guy Bruggeman, and Brian Wheeler Member absent: Glen Farris and George Neil Staff present: Emerson Vorel and Janie McLeod CALL TO ORDER. Chair Clement called the meeting to order at 4:05 p.m. ACTION ITEMS Public Art Master Plan The Public Art Master Plan was distributed during a Wheeler asked if changes could be made to the plan and Vorel responded yes. Bruggeman requested that a list of the existing inventory be included with the plan. Bruggeman moved that the Public Art Master Plan be accepted with the addition of the inventory of public art. Wheeler seconded the motion and it passed (7-0). Staff will present the Public Art Master Plan to City Council for final approval. There being no further business, the meeting adjourned at 5:05 p.m. Exhibit 3 City of Denton Public Art Inventory ABCDEF Artist First Artist Last NameNameTitleMediumDescriptionValue 1 AdamsNaomiMarking the TrailFiberPoem: Marking the Trail$500 2 AustadArnold DavidThe MillMetal sculptureGeometric sculpture fountainUnknown 3 Denton South Rotary Club Memorial AustadArnold DavidFountainWater fountainWater sculptureUnknown 4 BentonEarnestQuakertownAcrylic on canvasPoem: Quakertown, Mary Ellen Taylor$500 5 BlowDavidThe WoodsDigital photoPoem: Clearing the Woods$500 6 BlowDavidArmadillo SkylineDigital photoPoem: Armadillo Skyline$500 7 BorenJodieTexas Winter Residents and GuestsPrintTurkeys and ducks on a snowy lakeUnknown 8 BowmanKarmienLeap FrogsBronze sculptureLeap frogs in North Lakes Park$26,000 9 BoyettMichaelThe LegacyBronze sculptureWW II pilot$34,850 10 BradfordBillRussell's Department StoreOil on canvasRussell's StoreUnknown 11 BursonMickUntitledMural Mural of the Patterson-Appleton Art Center$2,000 12 ButtHarlinGreenbrier VaseSilver and enamelVaseUnknown 13 CadellGeorgeThank God for LoveWelded wireWire welded birdsUnknown 14 CadellGeorgeAbove All IntegrityBronze sculptureBust of man with hat in hand$25,000 15 CadellGeorgeHarmonyBronze sculptureHerons in South Lakes Park$27,900 16 CadellGeorgeDiversBronze sculptureDivers at Water Works ParkUnknown 17 CampbellJohn ThomasFor the Mayor/Three GracesStone sculptureFaith, Hope, and CharityUnknown 18 CarrJanicePeanut ButterWatercolorChildren on a playgroundUnknown 19 Rusty and Bailey, Chapman and GakerRyanDenton DepotMural Old train depot$19,500 20 CollinsPaulaHistoric QuakertownBrick sculptureHistoric Quakertown Park$13,600 21 CollinsPaulaWoman of JusticeBrick sculptureLady of JusticeUnknown 22 CorpronCarlottaUntitled PhotographFlowing light imagine $3,500 23 CorpronCarlottaFluid Light DesignPhotographAbstract$3,500 24 CorpronCarlottaUntitled PhotographLight and glass$3,500 25 CoxLynneSolitary SentinelDigital PhotoPoem: Reginald and the CVA$500 26 CoxLynneThe Vision to See A Treasured PastDigital PhotoPoem: First Lady Gowns$500 27 DawsonSharonWinding Lane Through PrimrosesAcrylic on canvasLandscape of field of flowersUnknown 28 DelsandriCarolCampus TheatreGelatin silver printCampus TheatreUnknown 29 DohbertyDornithMissing LandscapePhotographNative dry plains with flowersUnknown 30 DraweShannonClosing Day at Shrader's PharmacyPhotographClosing Day at Shrader's PharmacyUnknown 31 tğŭĻ Њ ƚŅ Ў Exhibit 3 City of Denton Public Art Inventory ABCDEF Artist First Artist Last NameNameTitleMediumDescriptionValue 1 DraweShannonEvers Hardware StorePhotographEvers Hardware StoreUnknown 32 DraweShannonTooth SaverPhotographToothbrush display standUnknown 33 DraweShannonCash RegisterPhotographCash registerUnknown 34 Poem: March Wedding: The Little Chapel EagletonWalterMarch WeddingPhotographin the Woods$500 35 ErdleRobSpring DuskWatercolor paintingLandscape$15,400 36 ErdleRobSummer HazeWatercolor paintingLandscape$9,500 37 ErdleRobUntitledWatercolor paintingLandscape$600 Donated 38 ErdleRobUntitledWatercolor paintingLandscape$600 Donated 39 ErdleRobWestern United StatesWatercolor paintingLandscape$680 Donated 40 ErdleRobLake Dumont, ColoradoWatercolor paintingLandscape$680 Donated 41 ErdleRobOia, GreeceWatercolor paintingLandscape$680 Donated 42 ErdleRobPortugalWatercolor paintingLandscape$680 Donated 43 ErdleRobSpainWatercolor paintingLandscape$680 Donated 44 ErdleRobde la Rhue, FranceWatercolor paintingLandscape$680 Donated 45 EspinosaClotideEnel MercadoOil on canvasPeople in marketplaceUnknown 46 FalsettaVincent92-209 SkyscraperAcrylic on paperMulticolor planes/aero objectsUnknown 47 HassellBillyDogwood CanyonLithographVarious birds and landscape$1,800 48 HassellBillyTrinity River IILithographVarious water animals$2,100 49 HassellBillyBobwhite QuailLithographFamily of bobwhite birds$1,800 50 IlesDavidNovember DevilBronze sculptureBronze metal leaves in a tornado$24,000 51 IlesDavidHarvest SongBronze sculptureBronze tree with squirrels Unknown 52 Johnson, Jr.James JEvers HouseWatercolor Evers on Oak StreetUnknown 53 JuddTomMesquite LeavesPhotographBranch with mesquite leavesUnknown 54 JuddTomFrenchyDigital photographPoem: Frenchy$500 55 JuddTomOld Alton Bridge Over Hickory CreekDigital photographPoem: Hickory Creek$500 56 LaingRichardChildren's Play Wall - Blazier MemorialConcrete sculptureChildren playwallUnknown 57 LandskyIdaWitchcraftPhotographAbstract$2,800 Donated 58 LewisJohn E.One Small VoiceSerigraphMap of world with directional signsUnknown 59 LowreyNancy38 BirdsWatercolor on paperDepiction of aero objects in skyUnknown 60 MaplesBarbaraUntitledPhotographVariant of shapes$2,800 Donated 61 tğŭĻ Ћ ƚŅ Ў Exhibit 3 City of Denton Public Art Inventory ABCDEF Artist First Artist Last NameNameTitleMediumDescriptionValue 1 MartinezS.UntitledOil on canvasBlue sky - town in MexicoUnknown 62 McClureTomFry St. SaintsHand-color woodcutPoem: Fry Street Saints$500 63 MedellinOctavioEcco Homo Stone sculptureCast stone sculpture$5,400 64 MedlerSusanThe RecitalMetal plate etchingYoung girl playing pianoDonated 65 MillerScottUntitledPhotographYellow flowers and wildflowersUnknown 66 MillerJohn BroughUrban CompositionSteel sculptureAbstract steel sculptureUnknown 67 MortonKarla K24 Poems 24 poemsPoetry for book: Passion, Art, Community$2,500 68 Two etched poems and base for Walk of MortonKarla KIn Situ East and In Situ WestPoetry (2)Fame$7,800 69 Passion Art Community: Denton, Texas in MortonKarla KWord and ImageBook of poetry and artBook of poems and illustrations$16,000 70 Poem: Fathers and Sons: The Denton MuseTeriThe Story ToldEncaustic CollageRecord Chronicle, 1899-2010$500 71 MuseTeriIvory JazzEncaustic CollagePoem: UNT Inspiration$500 72 NobliqueNicFestival in MotionMetal sculptureRed steel sculptureUnknown 73 Donated - NobliqueNicYellow Baugh FlowerSteel SculptureRepresentation of a yellow flowerUnknown 74 Poem: Meeting Mary George Billingsly NorrisTomMeeting Mary George Billingsly SullivanPastel drawingSullivan$500 75 PepperMarkHersMixed medianAbstract geometricUnknown 76 PepperMarkHisMixed medianAbstract geometricUnknown 77 PhelpsBrent W.Pelican Point, Missouri River MontanaPhotographLandscapeUnknown 78 RichardsLynne The DresserPhotographPoem: Lum and Nancy$500 79 RichardsLynneDutch OvenPhotographPoem: Cast Iron$500 80 Poem: The Street Besiden the Campus RichardsOwenCampus TheatrePhotographTheatre$500 81 RobbinsMarthaWhite Tail BuckDrawingDeer headUnknown 82 RobbinsMarthaVarious printsPrints (7)Various historical landmarksUnknown 83 $100 ea RobbinsMarthaVarious Wildlife (13)Original prints (13)Numbered and signedDonation $1300 84 Acrylic, charcoal, ink on SanchezSeralunaA Toast To Beer and Old DentoncanvasPoem: Fry Street$500 85 SandiferRosieBook A DayBronze sculptureChildren reading books$14,800 86 $15,000 SandiferRosieOh, Be JoyfulBronze sculptureTwo little girls looking skywardDonated 87 SharpeJimAfternoon JusticeOil on canvasCowboy on horseback and cactusUnknown 88 SmithMark S.Metropolis IOil on canvasMulticoloredUnknown 89 SmithCharlotteUntitledAcrylic and watercolor AbstractUnknown 90 tğŭĻ Ќ ƚŅ Ў Exhibit 3 City of Denton Public Art Inventory ABCDEF Artist First Artist Last NameNameTitleMediumDescriptionValue 1 SpellmanCoreenThe SlideLithographChildren playing on a slide$750 91 SpellmanCoreenUntitledLithographWoman in a chair reading a book$900 92 StuckenbruckCorkeyTribal ClothWoven clothColorful woven clothUnknown 93 SutherlandKelly StriblingShopping HolidayOil on canvasMulticolor: People shoppingUnknown 94 SwepstonDawnIOOF: Faith, Love, TruthOil on canvasPoem: 100F$500 95 UnknownAkatana SwordSwordsSwordsDonated 96 UnknownUntitledCraved wooden bowlWooden bowlUnknown 97 Retouched historical photographs of UnknownHistorical Photographs of DentonPhotographs (10)Denton $4,100 98 UnknownUntitledOil on canvasAbstract: multicolorUnknown 99 UnknownUntitledOil on canvasAbstract: multicolorUnknown 100 UnknownUntitledOil on canvasAbstract: multicolorUnknown 101 Van RadkeDonHouseAcrylic on canvasHouse with light on in the woodsUnknown 102 VaughamMarkDenton County Landmark 1897Print Courthouse on the SquareUnknown 103 WalhamHBlind FissionPrintAbstract: yellow, green, red, black Unknown 104 WalhamHIgnited NationPrintAbstract: black, yellow, blueUnknown 105 WalhamHSlipstreamPrintAbstract: red, yellow, blue, greenUnknown 106 WalhamHUntitledPrintAbstract: blue, orange, green, redUnknown 107 WalhamHUntitledPrintAbstract: orange, green, red, blueUnknown 108 WalhamHUntitledPrintAbstract: yellow, black, blue, redUnknown 109 Acrylic, modeling paste, Walker-GladneyDiane1942acetate, ink, pattern tissuePoem: Recycling$500 110 WarwickSharonCeramic VesselCeramic potGold and green vesselUnknown 111 WashmonGaryHouse in the WoodsOil on canvasBare trees with house with a light insideUnknown 112 WellerLaurieBrizeWatercolorAbstract: multicolorUnknown 113 WellsRonnieSam Houston's Bois de 'ArcDrawingWinter settingUnknown 114 WilliamsJoCorner of Oak & Locust Watercolor paintingCourthouse with treesUnknown 115 Poem: Small Town Bees: a poet's thank you WilliamsJoAll AbuzzWatercolor paintingto Denton, Texas$500 116 WoodChristiePops CarterGlass sculptureStain glass sculpture of Pops Carter$30,000 117 WoodChristiePink Roses Stain glass wreathPoem: Pink Climbers$500 118 WoodChristieClearing Out the IrisesStain glassPoem: Clearing Out the Irises$500 119 Wood DeannaThe Last Raid, 1874Encaustic paintingPoem: The Last Raid, 1874$500 120 tğŭĻ Ѝ ƚŅ Ў Exhibit 3 City of Denton Public Art Inventory ABCDEF Artist First Artist Last NameNameTitleMediumDescriptionValue 1 Wright ScottReclamationMixed medial/assemblagePoem: Reclamation$500 121 Dry point with gouache on YoungbloodJudyUntitledpaperMulticolor of shapesUnknown 122 UntitledBoy pulling girl on boat in waterUnknown 123 124 125 5/2/2016 126 154 Pieces 127 The art that doesn't have a value listed was obtained prior to the development of the Public Art Committee tğŭĻ Ў ƚŅ Ў Exhibit 4 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-1035,Version:1 Agenda Information Sheet DEPARTMENT:Development Services/Economic Development Division CM/ ACM:Jon Fortune Date:August 16, 2016 SUBJECT Consider approval of a resolution of the City Council of the City of Denton nominating PACCAR, INC. to the Office of the Governor, Economic Development and Tourism (“OOGEDT”) through the Economic Development Bank (“the Bank”) as an Enterprise Project (“Project”); and providing an effective date. BACKGROUND Texas Enterprise Zone Program TheTexasEnterpriseZoneProgramisaStateofTexaseconomicdevelopmenttooltopromotejobcreationand capitalinvestmentineconomicallydistressedareasofthestate.Successfulapplicantsareeligibletoapplyfor statesalesandusetaxrefundsonqualifiedexpenditures.Theprogramprovidesstatereimbursementcategory levelsrelatedtothelevelofcapitalinvestmentandnumberofjobscreatedand/orretainedforeconomically disadvantagedindividualsduringthedesignationperiod.KeyaspectsoftheTexasEnterpriseZone(TEZ) Program are: ThelocalcityorcountymustnominatethequalifiedcompanyasanEnterpriseProjectandmustoffer one or more forms of local tax incentive to the company. ProjectsmaybephysicallylocatedinoroutsideofanEnterpriseZone.Thelocationdeterminesthe percentofnewemployeesthatmustmeeteconomicallydisadvantagedorEnterpriseZoneresidence requirements. TheEnterpriseProjectmustbenominatedforadesignationperiodofnotlessthanoneyearandupto fiveyears,non-inclusiveofa90-daywindowpriortotheapplicationdeadline.Employmentandcapital investment commitments must be incurred and met within this timeframe. DentoniseligibleforuptofourEnterpriseProjectsplustwoadditionalbonusEnterpriseProjectsper Statebiennium.Todate,DentonhasnominatedWinCoFoods,LLC.asanEnterpriseProjectduringthis state biennium. TheStateacceptsapplicationsonaquarterlybasis.September1,2016,isthenextapplicationdeadline date. Applicationsarescoredoncriteriathatreflectthedistressofthearea,statepriority,andlocaland private effort. The State may designate up to 105 Enterprise Projects each biennium. PACCAR, INC. PACCAR, INC., a Fortune 500 company, was founded in 1905 and is headquartered in Bellevue, City of DentonPage 1 of 3Printed on 8/12/2016 powered by Legistar© File #:ID 16-1035,Version:1 Washington. PACCAR is a global technology leader in the design, manufacture and customer support of premium light-, medium- and heavy-duty trucks under the Kenworth, Peterbilt and DAF nameplates. PACCAR currently owns and operates a manufacturing facility located at 3200 Airport Road in Denton and has produced nearly 500,000 trucks since 1980. The Denton plant, a 455,000 square- foot premier manufacturing facility, has undergone numerous changes to increase efficiency, capacity, and productivity since first opening. Through continuous improvement and ongoing investment, the plant’s production capacity has increased significantly, and the introduction of new models has brought on new tooling and processes, including key technologies such as the robotic chassis paint system, which PACCAR was the first to introduce. Over the next five years, PACCAR is planning to spend approximately $14.2 million on capital investment projects at its Denton manufacturing facility. Included in the capital investment is approximately $6.3 million for a new Painted Parts Storage system. The Painted Parts Storage, or PPS, includes a new Automated Storage and Retrieval System, two additional elevators, upgrades to the existing elevator and building structure and expansion of the penthouse. In addition to the PPS, an additional $7.9 million will be spent on equipment and facility improvements. PACCAR currently employs approximately 2,000 full-time employees at its Denton manufacturing facility - making it Denton’s largest private employer - and expects to maintain its existing level of employment under the Enterprise Zone Program. While no additional jobs will be created as a result of the capital improvement projects, the Texas Enterprise Zone Program rewards companies that are making significant capital investments and jobs at a facility. If designated as an Enterprise Project by the State of Texas, PACCAR commits to hiring twenty-five percent (25%) economically disadvantaged persons, enterprise zone residents or veterans, for its new or replacement personnel for certified jobs, during its Enterprise Project designation. PRIOR ACTION/REVIEW (Council, Boards, Commissions) July 19, 2016 - The City Council held a public hearing and adopted Ordinance No. 2016-213 authorizing the City’s participation in the Texas Enterprise Zone Program. This action enabled the Council to nominate companies as Enterprise Projects via approval of a resolution. FISCAL INFORMATION Nominating PACCAR, INC., as an Enterprise Project has no fiscal impact to the City. 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 City of DentonPage 2 of 3Printed on 8/12/2016 powered by Legistar© File #:ID 16-1035,Version:1 Exhibit 1 - PACCAR Enterprise Project resolution Respectfully submitted: Aimee Bissett Director of Development Services Prepared by: Caroline Booth Assistant Director for Economic Development City of DentonPage 3 of 3Printed on 8/12/2016 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-1037,Version:1 AGENDA INFORMATION SHEET DEPARTMENT:Materials Management ACM:Bryan Langley AGENDA DATE:August 16, 2016 SUBJECT ConsideradoptionofanordinanceoftheCityofDentonauthorizingtheCityManagerorhisdesigneeto executeapurchaseorderthroughTheInterlocalPurchasingSystem(TIPS)CooperativePurchasingProgram Contract#02042315forthereplacementofSectionsC,D,E,andFoftheroofattheCityofDentonCivic CenterbywayofanInterlocalAgreementwiththeCityofDenton;andprovidinganeffectivedate(File6179- awarded to CBS Mechanical, Inc. dba CBS Roofing services in the amount of $183,518). FILE INFORMATION ThiscontractisforthepartialreplacementoftheroofattheCivicCenter(SectionsC,D,E,&F).These sectionswerescheduledtobereplacedin2011buttheFacilitiesManagementPreventativeMaintenance Programmadeitpossibletoextendthelifeoftherooffour(4)yearslongerthanexpected.Theroofisnowout of warranty and is showing signs of failure. TheFacilitiesManagementDepartmentandtheCity’sroofingconsultant,ArmkoIndustries,recommendthe replacementofsectionsC,D,E,&FoftheroofbyutilizingTheInterlocalPurchasingSystem(TIPS) CooperativePurchasingProgramawardedvendor-CBSMechanical,Inc.dbaCBSRoofingServices(CBS). CBSisalocalvendorthatrecentlycompletedthereplacementofSectionsAandBoftheCivicCenterroof. BasedonthesatisfactorycompletionofSectionsAandB,staffrecommendsawardingthiscontracttoCBSfor theremainingsectionsoftheroof.Byawardingtheremainingsectionsoftheroofreplacementtothesame vendor, the entire roof will have a twenty (20) year warranty through the same company. PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS) CouncilapprovedanInterlocalAgreementwithTheInterlocalPurchasingSystem(TIPS)onMay17,2011 (Ordinance# 2011-082). RECOMMENDATION StaffrecommendsawardtoCBSMechanical,Inc.dbaCBSRoofingServicesintheamountof$183,518which includes payment and performance bonds. PRINCIPAL PLACE OF BUSINESS City of DentonPage 1 of 2Printed on 8/12/2016 powered by Legistar© File #:ID 16-1037,Version:1 CBS Mechanical, Inc. dba CBS Roofing Services Denton, TX ESTIMATED SCHEDULE OF PROJECT This project is estimated to be completed within 25 days of Notice to Proceed. FISCAL INFORMATION TheprojectwillbefundedfromFacilitiesManagementcapitalaccountnumber1001894091365.40100inthe amountof$116,396.74andcapitalaccountnumber100189402.1365.40100intheamountof$67,121.26. Requisition# 129032 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:Organizational Excellence Related Goal:4.4 Provide and support outstanding leisure, cultural, and educational opportunities EXHIBITS Exhibit 1: Ordinance Exhibit 2: 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 8/12/2016 powered by Legistar© EXHIBIT 1 ORDINANCE NO. ___________ AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER THROUGH THE INTERLOCAL PURCHASING SYSTEM (TIPS) COOPERATIVE PURCHASING PROGRAM CONTRACT# 02042315FOR THE REPLACEMENT OF SECTIONS C, D, E, AND F OF THEROOF AT THE CITY OF DENTON CIVIC CENTERBY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (FILE 6179- AWARDED TO CBS MECHANICAL, INC.DBACBS ROOFING SERVICES IN THE AMOUNT OF $183,518). WHEREAS, pursuant to Ordinance 2011-082,The Interlocal Purchasing System Program has solicited, received, and tabulated competitive bids for the purchase of necessary materials, equipment, supplies, or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies, or services can be purchased by the City through The Interlocal Purchasing System Program at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies, or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. office of the Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: FILE NUMBER VENDOR AMOUNT 6179CBS Mechanical, Inc.dba CBS Roofing Services$183,518 SECTION 2. By the acceptance and approval of the items set forth in the referenced file number, the City accepts the offer of the persons submitting the bids to The Interlocal Purchasing System Program for such items and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with The Interlocal Purchasing System Program and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the referenced file number wish to enter into a formal written agreement as a result of the The Interlocal Purchasing System Program, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, EXHIBIT 1 conditions, specifications and standards contained in the Proposal submitted to The Interlocal Purchasing System Program, and related documents herein approved and accepted. SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under File 6179 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. By the acceptance and approval of the items set forth in the referenced file number, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approval purchase orders or pursuant to a written contract made pursuant thereto as authorized herein SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this ________ day of ______________, 2016. ______________________________ CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ EXHIBIT 2 DocuSign Envelope ID: AF1275B2-322B-417A-AFF8-ABE895551C0E EXHIBIT 2 DocuSign Envelope ID: AF1275B2-322B-417A-AFF8-ABE895551C0E EXHIBIT 2 DocuSign Envelope ID: AF1275B2-322B-417A-AFF8-ABE895551C0E EXHIBIT 2 DocuSign Envelope ID: AF1275B2-322B-417A-AFF8-ABE895551C0E EXHIBIT 2 DocuSign Envelope ID: AF1275B2-322B-417A-AFF8-ABE895551C0E EXHIBIT 2 DocuSign Envelope ID: AF1275B2-322B-417A-AFF8-ABE895551C0E EXHIBIT 2 DocuSign Envelope ID: AF1275B2-322B-417A-AFF8-ABE895551C0E EXHIBIT 2 DocuSign Envelope ID: AF1275B2-322B-417A-AFF8-ABE895551C0E EXHIBIT 2 DocuSign Envelope ID: AF1275B2-322B-417A-AFF8-ABE895551C0E EXHIBIT 2 DocuSign Envelope ID: AF1275B2-322B-417A-AFF8-ABE895551C0E EXHIBIT 2 DocuSign 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AF1275B2-322B-417A-AFF8-ABE895551C0E EXHIBIT 2 DocuSign Envelope ID: AF1275B2-322B-417A-AFF8-ABE895551C0E EXHIBIT 2 DocuSign Envelope ID: AF1275B2-322B-417A-AFF8-ABE895551C0E EXHIBIT 2 DocuSign Envelope ID: AF1275B2-322B-417A-AFF8-ABE895551C0E EXHIBIT 2 DocuSign Envelope ID: AF1275B2-322B-417A-AFF8-ABE895551C0E EXHIBIT 2 DocuSign Envelope ID: AF1275B2-322B-417A-AFF8-ABE895551C0E EXHIBIT 2 DocuSign Envelope ID: AF1275B2-322B-417A-AFF8-ABE895551C0E EXHIBIT 2 DocuSign Envelope ID: AF1275B2-322B-417A-AFF8-ABE895551C0E EXHIBIT 2 DocuSign Envelope ID: AF1275B2-322B-417A-AFF8-ABE895551C0E EXHIBIT 2 DocuSign Envelope ID: AF1275B2-322B-417A-AFF8-ABE895551C0E EXHIBIT 2 DocuSign Envelope ID: AF1275B2-322B-417A-AFF8-ABE895551C0E EXHIBIT 2 DocuSign Envelope ID: AF1275B2-322B-417A-AFF8-ABE895551C0E EXHIBIT 2 DocuSign Envelope ID: AF1275B2-322B-417A-AFF8-ABE895551C0E EXHIBIT 2 5ƚĭǒƭźŭƓ /źƷǤ /ƚǒƓĭźƌ ƩğƓƭƒźƷƷğƌ /ƚǝĻƩƭŷĻĻƷ CźƌĻ bğƒĻ tǒƩĭŷğƭźƓŭ /ƚƓƷğĭƷ /źƷǤ /ƚǒƓĭźƌ ğƩŭĻƷ 5ğƷĻ DƩğƓźĭǒƭ ϔ hƩķźƓğƓĭĻ ϔ EXHIBIT 2 Certificate Of Completion Envelope Id: AF1275B2322B417AAFF8ABE895551C0EStatus: Sent Subject: Please DocuSign: 6179 2 CBS Roofing Services.pdf Source Envelope: Document Pages: 164Signatures: 1Envelope Originator: Certificate Pages: 6Initials: 0Elton Brock AutoNav: Enabledelton.brock@cityofdenton.com EnvelopeId Stamping: EnabledIP Address: 129.120.6.150 Time Zone: (UTC-08:00) Pacific Time (US & Canada) Record Tracking Status: OriginalHolder: Elton BrockLocation: DocuSign 8/5/2016 6:49:27 AM elton.brock@cityofdenton.com Signer EventsSignatureTimestamp Elton BrockSent: 8/5/2016 7:09:51 AM Completed elton.brock@cityofdenton.comViewed: 8/5/2016 7:10:03 AM Purchasing ManagerSigned: 8/5/2016 7:11:01 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: Steve Kress, Vice PresidentSent: 8/5/2016 7:11:04 AM skress@cbsmechanical.comViewed: 8/5/2016 7:46:20 AM Vice PresidentSigned: 8/8/2016 6:34:33 AM CBS Roofing Services Using IP Address: 97.93.251.162 Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Accepted: 8/5/2016 7:46:20 AM ID: de4e3d9b-ea71-41c6-bb3a-b15b30c76c49 John KnightSent: 8/8/2016 6:34:37 AM john.knight@cityofdenton.com Deputy City Attorney City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Julia Winkley julia.winkley@cityofdenton.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Howard Martin howard.martin@cityofdenton.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: EXHIBIT 2 Signer EventsSignatureTimestamp 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: 8/8/2016 6:34:36 AM julia.winkley@cityofdenton.comViewed: 8/8/2016 6:58:29 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: 8/8/2016 6:34:36 AM sherri.thurman@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: 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 Jennifer Bridges jennifer.bridges@cityofdenton.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: EXHIBIT 2 Carbon Copy EventsStatusTimestamp Jane Richardson jane.richardson@cityofdenton.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: David Saltsman, Facilities Management david.saltsman@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/Encrypted8/8/2016 6:34:37 AM Electronic Record and Signature Disclosure EXHIBIT 2 ELECTRONIC RECORD AND 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McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-1038,Version:1 AGENDA INFORMATION SHEET DEPARTMENT:Materials Management ACM:Bryan Langley AGENDA DATE:August 16, 2016 SUBJECT ConsideradoptionofanordinanceauthorizingtheCityManagertoexecuteanInterlocalAgreementwiththe TexasDepartmentofPublicSafety(TxDPS)underSection791.001oftheStateofTexasGovernmentCode,to authorizetheCityofDentonFleetDepartmenttoperformmaintenanceandgeneralrepairservicesonTxDPS vehiclesinreturnforpaymentasstipulatedintheInterlocalAgreement;anddeclaringaneffectivedate(File 6194). FILE INFORMATION ThisagreementwillallowtheCityofDentonFleetServicestoperformscheduledPreventativeMaintenance servicesandminorrepairsonTexasDepartmentofPublicSafety(TxDPS)vehiclesintheNorthTexasarea. Thisisa“pilotprogram”underwhichtheTxDPSwillstageaminimumnumberofvehiclesattheFleetShopto exchangeforunitsrequiringservices.FleetServicesstaffwillthenworkthosevehiclesintothemaintenance scheduleaspracticable.Initially,theadditionalworkloadwillbehandledwithcurrentstaffing.Thebenefitto TxDPSisalowercostoftransportandmaintenance,whiletheCitywillbenefitbyaddingrevenuetotheFleet Servicesbudget.ThiswillalsoprovidethepotentialforloweringoperatingcostsforFleetServicesthroughan additionalrevenuesource.Theestimatedyearlycostassociatedwithservicesprovidedundertheagreementis $50,000.ActualyearlycostswillbedeterminedbyTxDPSvehiclemaintenancerequirements.TheFleet ServicesDepartmentwillsubmitmonthlyinvoicestoTxDPSforpayment.Theagreementallowsfora90day writtennoticetocancel,byeitherparty,shouldtheprogramorlevelofserviceagreedtobecomeunsustainable for either party. Section791.001oftheTexasGovernmentCoderequiresthatallinterlocalcontractsmustbeauthorizedbythe governing body, regardless of the dollar amount. RECOMMENDATION ApproveanInterlocalAgreementwiththeTexasDepartmentofPublicSafetytoauthorizetheCityofDenton Fleet Department to perform maintenance and general repair services on TxDPS vehicles. PRINCIPAL PLACE OF BUSINESS Texas Department of Public Safety City of DentonPage 1 of 2Printed on 8/12/2016 powered by Legistar© File #:ID 16-1038,Version:1 Denton, TX ESTIMATED SCHEDULE OF PROJECT ThisinitialperiodofperformancefortheservicesendsonJune20,2017.TheAgreementwillautomatically renew on an annual basis unless terminated by either party. FISCAL INFORMATION ThevehiclepartswillbefundedupfrontfromtheFleetServicesFundaccount820100.7899.Thisaccountwill bereimbursedfromTxDPSpaymentsmadeonamonthlybasis.FleetServicesstafflaborcostsarealready includedinthedepartment’sbudget,thereforepaymentsfromTxDPShavethepotentialtohelpoffsetCityof Denton internal customer costs. 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: Ordinance Exhibit 2: Interlocal Agreement Respectfully submitted: Chuck Springer, 349-8260 Director of Finance For information concerning this acquisition, contact: Terry Kader at 349-8729. City of DentonPage 2 of 2Printed on 8/12/2016 powered by Legistar© EXHIBIT 1 ORDINANCE NO. ___________ AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE TEXAS DEPARTMENT OF PUBLIC SAFETY (TXDPS) UNDER SECTION 791.001 OF THE STATE OF TEXAS GOVERNMENT CODE, TO AUTHORIZE THE CITY OF DENTON FLEET DEPARTMENT TO PERFORM MAINTENANCE AND GENERAL REPAIR SERVICES ON TXDPS VEHICLES IN RETURN FOR PAYMENT AS STIPULATED IN THE INTERLOCAL AGREEMENT; AND DECLARING AN EFFECTIVE DATE (FILE 6194). THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager or his designee is hereby authorized to execute the Interlocal Agreement with the Texas Department of Public Safety under Section 791.001 of the Texas Government Code, a copy of which is attached hereto and incorporated by reference herein ( 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 6194 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: _________________________________ 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 16-1039,Version:1 AGENDA INFORMATION SHEET DEPARTMENT:Materials Management ACM:Bryan Langley AGENDA DATE:August 16, 2016 SUBJECT ConsideradoptionofanordinanceauthorizingtheCityManagertoexecuteaCooperativeAgreementwith DentonCountyProbationDepartmentunderSection791.001oftheStateofTexasGovernmentCode,to authorizetheCityofDentontoutilizecommunityservicesworkersonvariousprojectsandserviceswithno funds expected to be authorized for this program; and declaring an effective date (File 6199). FILE INFORMATION ThisAgreementwillallowvariousCityofDentonDepartmentstoassistwithfacilitatingtheeffortsofthe DentonCountyProbationDepartment’sCommunityServiceprogram.TheProbationDepartmentassesses suitabilityofoffendersforCommunityService,organizestheworkplacements,andmanagestheprobationers subjectedtoCommunityServiceordersonbehalfofDentonCountyCourts.CommunityServiceoffers offenders,throughunpaidworkonCommunityService,theopportunitytorepairtheharmdonetothe community.CommunityServiceworkbenefitstheCityofDenton,byprovidinglaborresourcestoassistwith some of the following work: 1.Ground clearance work and general landscaping projects 2.Graffiti removal and environmental work 3.Recycling projects 4.Litter removal 5.Improvements to parks and community facilities 6.Painting and decorating 7.General cleaning 8.General mowing and weed eating 9.Working with library participants 10.Supporting local initiatives EachoffenderiscarefullyassessedbeforetheyareassignedtoaworkprojectorplacementbyboththeCounty ProbationDepartmentandtheCityDepartmentstaff.SinceJune30,2015,CommunityServiceworkershave completed 5764.55 hours with the City of Denton. Section791.001oftheTexasGovernmentCoderequiresthatallinterlocalcontractsmustbeauthorizedbythe City of DentonPage 1 of 3Printed on 8/12/2016 powered by Legistar© File #:ID 16-1039,Version:1 governingbody,regardlessofthedollaramount.Theonlyexceptiontothisismunicipallyownedelectric utilities-these entities have a $100,000 threshold before authorization by the governing body is required. RECOMMENDATION ApproveanInterlocalAgreementwithDentonCountyProbationDepartmenttocoordinateandaccessthe Community Service Work Program. PRINCIPAL PLACE OF BUSINESS Denton County 110 West Hickory Street Denton, TX 76201 ESTIMATED SCHEDULE OF PROJECT ThisAgreementiseffectiveuponapprovalbytheCityofDentonandwillremainineffectuntilterminatedby either party. FISCAL INFORMATION The City of Denton will access the Community Service Work Program at no cost. 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: Ordinance Exhibit 2: Interlocal Agreement with Denton County 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 3Printed on 8/12/2016 powered by Legistar© File #:ID 16-1039,Version:1 City of DentonPage 3 of 3Printed on 8/12/2016 powered by Legistar© EXHIBIT 1 ORDINANCE NO. ___________ ANORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A COOPERATIVE AGREEMENT WITH DENTON COUNTY PROBATION DEPARTMENT UNDER SECTION 791.001 OF THE STATE OF TEXAS GOVERNMENT CODE, TO AUTHORIZE THE CITY OF DENTON TO UTILIZE COMMUNITY SERVICES WORKERS ON VARIOUS PROJECTS AND SERVICES WITH NO FUNDS EXPECTED TO BE AUTHORIZED FOR THIS PROGRAM; AND DECLARING AN EFFECTIVE DATE (FILE 6199). THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager or his designee is hereby authorized to execute the Cooperative Agreement with the Denton County Probation Department under Section 791.001 of the Texas Government Code, a copy of which is attached hereto and incorporated by reference 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 6199 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: _________________________________ EXHIBIT 2 COOPERATIVE AGREEMENT FOR COMMUNITY SERVICE RESTITUTION th This agreement is made entered into this 16 day of August 2016, between the Denton County Community Supervision and Corrections Department (hereinafter referred to as CSCD), a political subdivision of the State of Texas and the City of Denton, Texas (hereinafter referred to as Organization), a political subdivision of the State of Texas, for the purpose of providing a Community Service Restitution (CSR) work program for offenders under the supervision of the CSCD. Both the City and CSCD have the authority to enter into this Agreement pursuant to Chapter 791, Texas Government Code. The objective, held in common by both parties, is to provide offenders with the opportunity to repay a portion of their debt to society by performing Court-ordered community service work without compensation, as a condition of their community supervision. The CSCD agrees to screen probationers for appropriate placement within the Organization, provided that the Organization has completed a Community Service Restitution Agency Description and provided the document to the CSCD. If an organization has not provided the CSCD with an Agency Description form, it will be assumed that all types of offenders are acceptable at the Organization. The CSCD agrees to furnish probationers to the Organization and the Organization agrees to utilize the labor, skills, and efforts of probationers for the performance of work assignments as described in this agreement. The Organization shall have the sole right and responsibility for supervising the day-to-day performance of each probationer and the operation of the community service project. The CSCD shall have the right to be fully informed concerning the nature of all aspects of the community service project, the utilization of the probationer in the project, and any problems or incidents involving a probationer with the project. The CSCD shall have the right to inspect all community service projects and observe the performance of any and all probationers at the project site at all reasonable times and places. BACKGROUND Persons placed under the supervision of the CSCD, both felons and misdemeanants, are routinely Court ordered to complete the community service restitution as a condition of community supervision in an effort to hold the offender accountable for repaying a portion of their debt to society. However, community service can also function as a means of teaching persons improved or new job skills. Probationers who are required to perform community service as a condition of community supervision are directed by the Courts to perform from 24 to 1,000 hours, depending on the offense committed. Every effort is made by the Courts and the CSCD to refer probationers to sites where their skills can be utilized or new skills can be learned. The probationers are responsible for performing community service as ordered. If they do not fulfill the requirement, the privilege of community supervision may be taken away and they may be required to complete their sentences in jail or prison. 1 EXHIBIT 2 GENERAL GUIDELINES Community service restitution work is to be performed only for non-profit organizations or governmental or tax supported agencies. Community service restitution work cannot be provided for the direct benefit of religious organizations. However, community service programs affiliated with religious organizations are allowable if the following criteria are met: the organization must have a secular governmental purpose; the organization must neither advance nor inhibit religion; sponsored projects by the religious organization must be for the benefit of the general community (such as food pantry or clothing room). the community service work must not foster an excessive governmental entanglement with religion. Probationers may not receive monetary benefit or advertising publicity through the community service assignments. Probationers may be granted CSR credit in felony cases for donations to a food bank or food pantry. (Not allowed in misdemeanor cases.) Donations must be made directly to the food bank. Donations may be in the form of cash or products. One hour of credit will be given for each $5.00 donation. This type of CSR must be approved by the probation donation. Falsification of records, using probationers to perform CSR for a personal project, granting CSR hour credit in exchange for goods or services by the probationer that fall outside of the scope of the community service project, or other non-approved agency function may result in prosecution. The CSCD is not responsible for any accident caused by the CSR workers or to any CSR worker. Community service time is only granted for actual time spent performing un-reimbursed work for cleared with Probationers will not provide transportation of people as part of their community service Organization. Probationers may continue to volunteer their service beyond the term of the community supervision conditions, if agreed to by the Organization, but should this arrangement be made, the probationers will not be under the supervision of the CSCD, and terms of this agreement will not apply. 2 EXHIBIT 2 RESPONSIBILITIES OF THE ORGANIZATION advance, whenever possible. When not possible, the CSCD will make every effort to locate the necessary worker(s) but may not be able to do so. Maintain accurate records of community service hours performed by each probationer, and provide written verification of those hours to the CSR Coordinator weekly. Each approved agency will be provided with a CSR Program roster, or they may submit their own documentation of CSR hours worked so long as it is in writing and signed by the agency supervisor or their designee. Said documentation may be faxed or mailed by the U.S. mail. It may also be transmitted electronically via e-mail as long as the e- address, and said e-ce. E- CommunityServiceCSCD@dentoncounty.com. Supervise work performed by probationers. Provide work assignments in a safe and healthy atmosphere that can be completed by probationers. The work required in the assignment should not include work that may pose a danger to the public, such as providing transportation in an automobile or other vehicle, and work that may endanger the probationer, such as construction or maintenance work that involves a significant risk of injury. Unless otherwise arranged with the CSCD, the Organization will provide any equipment or supplies needed to perform the assignment. The Organization agrees, to the extent possible, to respect the confidential nature of the Should a CSR worker fail to perform to the expectations of the Organization or for other reasons need to be discharged from the work assignment, the Organization may terminate the or supervisory staff of the CSCD to report the problem so that action can be taken. Upon request of the CSCD, and only in extreme circumstances, the Organization may be asked to file written reports concerning the performance of a probationer/defendant for the community service project. The CSCD may from time to time phone or e-mail the Organization to verify CSR hours performed and/or the progress of a CSR worker. The Organization will notify the CSCD of the name, telephone number, address, and e-mail address Service Restitution Agency Description, or by reporting the updated information via a telephone call to Rhett Wallace at (940)349-3404, by mailing the information to the department at PO Box 1309, 3 EXHIBIT 2 Denton, Texas 76201, Attn: CSR Program, or by e-mailing CommunityServiceCSCD@dentoncounty.com. RESPONSIBILITIES OF THE PROBATIONERS supervisor/contact person. Dress appropriately for the job and exhibit behavior appropriate to the community service assignment. Obey all reasonable rules and directions given by the Organization. Notify the supervision officer if a problem arises with the referral or in performing the community service. INDEPENDENT PARTIES The CSCD and Organization shall for all purposes under this agreement are independent parties. Neither party shall be deemed an employee, agent, or representative of the other party, nor shall either party have authority to incur any obligation or make any representation on behalf of the other party. RESCINDING REFERRALS The CSCD shall retain the right to rescind any referral of any probationer to the Organization and discontinue the services of any probationer with any Organization for any reason and at any time. EXPENSES, HOLD HARMLESS, INSURANCE Any and all expenses incurred in the furtherance of and performance of this agreement shall be borne by the party that incurred them. Neither party shall be responsible or liable in whole or in part for the acts or omissions of the other party, its agents, CSR workers, or employees. Neither party to this agreement shall be required to indemnify the other or hold the other harmless against any claim of any kind, including any claim asserted by a third party against a party to this agreement, resulting from an act or omission of a probationer referred to the Organization by the department pursuant to the agreement. Each party is responsible for determining the need for and for procuring any insurance that it may deem necessary in order to protect or indemnify itself from the consequences of any possible legal liability that it may incur in the performance of this agreement. 4 EXHIBIT 2 NO COMPENSATION It is understood that the employees of the Denton County CSCD or individuals acting as agents of the Denton County CSCD are not authorized to receive any type of personal payment, reimbursement, compensation, commission, gratuity, or gift for services provided under this agreement. The Organization warrants that no employee or agent of the Denton County CSCD has been retained to solicit or secure this agreement and that the Organization has not paid or agreed to pay any employee of the Denton County CSCD any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon the making of this agreement or as an inducement for entering into this agreement. The unauthorized offering or receipt of such payments may result in the immediate termination of this agreement. EFFECTIVE DATE/CANCELLATION representative and will remain in effect until cancelled by either party or updated by the CSCD. If for any reason either party is dissatisfied with any arrangement in this agreement, either party may cancel this agreement at any time with or without written notice to the other party. I, the undersigned, affirm the non-profit or governmental status of the organization and that I am authorized to enter into this agreement. (501)(c)(3) or Tax ID number here: City of Denton Tax ID #75-60000514 ___________________________________________ __________________________ C Date ___________________________________________________ Title ___________________________________________________ ____________________________ ___ Rhett Wallace, Supervisor Date Denton County CSCD 5 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-1040,Version:1 AGENDA INFORMATION SHEET DEPARTMENT:Materials Management ACM:Bryan Langley AGENDA DATE:August 16, 2016 SUBJECT ConsideradoptionofanordinanceoftheCityofDenton,Texasprovidingfor,authorizing,andapprovinga professionalservicesagreementbetweentheCityofDentonandSSPInnovationstoassistDentonMunicipal ElectricwiththeirOperationTechnologyincludingGeneralInformationSystems(GIS)andrelatedsoftware whichisavailablefromonlyonesourceandinaccordancewithChapter252.022oftheTexasLocal GovernmentCodesuchpurchasesareexemptfromtherequirementsofcompetitivebidding;andprovidingan effectivedate(File6122-inthethree(3)yearnot-to-exceedamountof$2,000,000).ThePublicUtilitiesBoard recommends approval (6-0). FILE INFORMATION AftergaininginputfromnumerousdepartmentswithinDentonMunicipalElectric(DME),aswellas departmentsoutsideofDMEsuchastheCityofDentonTechnologyServicesandCustomerService,Denton MunicipalElectrichasdevelopedacomprehensivefive(5)yearroadmapcalledthe“InnovationPlan”.The InnovationPlancontainsanumberofshortandlongtermintegrationsthatprovidedirectandindirectservice improvementtoitscustomers.TheInnovationPlanisextensiveandtheneedforanoutsidecontractorto provideprofessionalserviceswasidentified.Adetaileddescriptionoftheworktobeperformedisincludedin the attached Public Utilities Board Agenda Information Sheet (Exhibit 1). Therecommendedvendor,SSPInnovations,LLC,hasperformedinstallation,configuration,dataconversion, datamodeling,andtrainingprojectsformanyutilities.Thisworkaroundsolutionorientedconsultingwillhelp DMEwithmanyprojectsincludingdatabasehealthandtuning,upgrades,andfillingneededtechnologicalgaps withcustomizationandintegrationprojects.SSPInnovations,LLChasperformedworkformanyother municipalutilitiesacrosstheUnitedStatesincludingGarlandPower&Light(Garland,TX),CPSEnergy(San Antonio,TX),CityofHouston(Houston,TX),CityofNewBraunfels(NewBraunfels,TX),MemphisLight Gas & Water (Memphis, TN), and Burbank Water & Power (Burbank, CA). InaccordancewithTexasLocalGovernmentCode252.022,Section252.022oftheLocalGovernmentCode providesthatprocurementofitemsthatareonlyavailablefromonesource,donotrequireacompetitive procurementprocess.Therefore,theCityofDentonhaselectedtonotseekqualificationbasedcompetitionfor these identified services (Exhibit 2-Business Justification Memo). PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) City of DentonPage 1 of 3Printed on 8/12/2016 powered by Legistar© File #:ID 16-1040,Version:1 OnAugust8,2016,thePublicUtilitiesBoardrecommendedapprovaltoforwardthisitemtotheCityCouncil for consideration. RECOMMENDATION ApproveaProfessionalServicesAgreementwithSSPInnovations,LLCtoassistDentonMunicipalElectric withtheirOperationTechnologyincludingGeneralInformationSystems(GIS)andrelatedsoftwareinthethree (3) year not-to-exceed amount of $2,000,000. PRINCIPAL PLACE OF BUSINESS SSP Innovations, LLC Centennial, CO ESTIMATED SCHEDULE OF PROJECT ServicestobeperformedwillbeginuponCouncilapprovalandwillcontinueuntilthecompletionoftheproject as defined in the Professional Services Agreement. FISCAL INFORMATION TheservicestobeperformedunderthiscontractwillbefundedfromtheElectricUtilityCapitalFundaccount 603582500. 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:1.5 Utilize technology to enhance efficiency and productivity EXHIBITS Exhibit 1: Public Utilities Board Agenda Information Sheet Exhibit 2: Business Justification Memo Exhibit 3: Public Utilities Board Draft Minutes Exhibit 4: Ordinance Exhibit 5: Contract Respectfully submitted: Chuck Springer, 349-8260 Director of Finance City of DentonPage 2 of 3Printed on 8/12/2016 powered by Legistar© File #:ID 16-1040,Version:1 For information concerning this acquisition, contact: Jerry Fiedler at 349-7173. City of DentonPage 3 of 3Printed on 8/12/2016 powered by Legistar© EXHIBIT 1 PUBLIC UTILITIES BOARD AGENDA ITEM # AGENDA INFORMATION SHEET AGENDA DATE: August 8, 2016 DEPARTMENT: Electrical Engineering UTILITIES ACM: Howard Martin, Utilities, 940-349-8232 ____________________________________________________________________________ SUBJECT Consider recommending approval for a three-year Professional Services Agreement (PSA) with SSP Innovations Operation Technology and related software systems. Texas Local Government Code 252.022(4) allows for an exemption to competitive requirements for the expenditure of funds for procurement for a personal, professional, or planning service. Approval is for an amount not to exceed $2,000,000.00. BACKGROUND INFORMATION In the last decade, the electric utility industry has seen an increase of available technologies not seen in previous decades.These technologies have improved service and allowed customers to have greater insight into their energy usage.In the electric utility industry, two technology categories are in the forefront for modernization of the electric grid. Information Technology (IT) is the hardware and software that enables the development, maintenance, and use of computer systems, software, and networks for the processing and distribution of corporate data. Operation Technology (OT) is the hardware and software that detects or causes a change through direct monitoring and/or control of physical devices, processes, and events on the electric grid.These two categories appear to be nearing convergence and it is important for both IT and OT to work However, each is sufficiently unique in its application and accountability that independent plans must be made to proceed down a path that supports its focus. TABLE 1 provides detail regarding the delineation of these technologies. Information Technology (IT)OperationTechnology (OT) PurposeTransaction systems,business Control systems, data systems and systems, information systems, IT repository, control or monitor security standardsphysical processes or equipment, regulatory security standards ArchitectureInfrastructure that relates to Infrastructure that is event driven, business oriented applicationsreal-time, embedded hardware and software (utility grade) AIS PUB Agenda Item # EXHIBIT 1 May 23, 2016 Page 2 of 5 Information Technology (IT)OperationTechnology (OT) InterfacesOperating systems and applications, Operating systems and applications, GUI, Web browser, terminal, and Unix, GUI, Web browser,terminal, keyboardkeyboard, Electromechanical & Digital sensors, actuators, coded displays, PLC, SCADA OwnershipCIOs, IT/IS, finance and Engineers, technicians, operators, administration departmentsand managers ConnectivityCorporate network, Internet, IP-Control networks, fiber and radio basednetworks, hard wired twisted pair, IP-based RoleSupports business applications and Supports control processes and field office personnelpersonnel safety Table 1 DME has already initiated OT through the management of its Geographic Information System, fiber and/or radio communications system, and advance metering infrastructure. These three components provide the foundation for DMESmart Grid.Sub-processes which rely on these components, such as the SCADA system, provide DME with information that allows rapid response to outages on the transmission and distribution systems which provides higher reliability for our customers.The group within DME responsible for development and leadership of OT is Engineering & Operations (E&O) Technology. After gaining to input from numerous departments within DME, as well as departments outside of DME such as the City of Denton Technology Services and Customer Service, E&O Technology developed a comprehensive 5-year roadwhich is included as EXHIBIT 1. This roadmap provides details on projects to advance DMEs OT internal support and field technology as it begins to implement the Smart Grid.The Innovation Plan contains a number of short- and long-term integrations that provide direct and indirect service improvement to our customers. Њ͵ 16-2-OMS with Clevest MWM.............................................................................................. $46,435 Ћ͵ 16-2-Responder OMS with Trilliant AMI................................................................................................ $51,170 Ќ͵ 16-2-11 ArcGIS Online Public Streetlight Reporting Application ...................... $28,005 Ѝ͵ Integration of Responder OMS to DME Community Relations Outage Application .............................................................................................. $55,000 Ў͵ Improvement of Public Facing Outage Map ........................................................ $16,000 Џ͵ Implementation of New DME Web-Based GIS Solution (Current system is nearing end-of-life) ................................................................ $24,900 The Innovation Plan contains a number of short- and long-term system and information management applications. AIS PUB Agenda Item # EXHIBIT 1 May 23, 2016 Page 3 of 5 Њ͵ Implementation of GIS Management Dashboard ................................................ $98,405 Ћ͵ Implementation of Reporting Solution for Legacy OMS Data ............................ $18,900 Ќ͵ GIS Health Checkup ............................................................................................ $30,870 Ѝ͵ Assistance with GIS Upgrade ..............................................................................$156,620 Ў͵ Review of Disaster Recovery & Backup Solutions for GIS, OMS, and Related Systems.................................................................................. $33,235 Џ͵ Implementation of GIS-Based Asset Management Software (Engineering & Operations focus)........................................................ $263,490 А͵ Development of Custom DME GIS Training Materials ......................................$75,610 Б͵ GIS Support and Additional Projects (i.e. Advanced Analytics Applications) ....................................................................................... $241,360 The Innovation Plan includes provisionsfor assisting DME with vetting and the potential use of: Њ͵ GIS-Related Projects for Distribution Automation and Unmanned Aerial Vehicle Systems .....................................................................$260,000 Ћ͵ Implementation of Graphic Work Design & Work Order Management System Integration .........................................................................$600,000 $2,000,000 The Innovation Plan is extensive and the need for an outside contractor, engaged through a PSA, to provide professional services was identified. Projects included with the Innovation Plan all fall under the OT umbrella.E&O Technology staff have, at times, been requested to tweak or provide additional integrations or systems which are beyond their programming capabilities.The PSA grants the outside contractor the ability to provide programming, structural, and implementation support for many of the identified projects and support for items that may arise unexpectedly.Use of an outside contractor provides expertise and support not currently within E&O Technology and can minimize full-time staff requirements in the future. The PSAis for a 3-year term. Before returning for any subsequent agreements, DME will review the Innovation Plan and make adjustments to reflect then current needs and requirements.It should be noted no software is included in the PSA. When additional software or applications are identified, DME will use the City of Denton standard purchasing practices to obtainapproval. SSP Innovations has been selected as the vendor to enter into a PSA contract to assist in these projects. SSP Innovations has a proven track record of work within the Telecom and Electric gained by services performed by them previously. SSP Innovations is a twelve year old GIS consulting company based near Denver, Colorado who focuses on utilities. SSP Innovations is the preeminent company suited to work with a combination of Schneider Electric ArcFM implementation and integration projects as well as leadership within the ESRI platform. In 2015 and 2016, ESRI selected their silver partner, SSP Innovations, with AIS PUB Agenda Item # EXHIBIT 1 May 23, 2016 Page 4 of 5 12 member ESRI Partnering Advisory Council. The DME GIS group recognizes the partnership between ESRI and SSP Innovations and the importance of this relationship to the future of the utility GIS industry. SSP Innovations has performed installation, configuration, data conversion, data modeling, configuration, and training projects for many utilities. This work around solution oriented consulting will help DME with many projects including database health and tuning, upgrades, and filling needed technological gaps with customization and integration projects. SSP Innovations has over 100 years of combined experience implementing the entire Schneider Electric Product line. SSP Innovations has performed work with many other municipal utilities across the United States including Garland Power & Light (Garland, TX), CPS Energy (San Antonio, TX), City of Houston (Houston, TX), City of New Braunfels (New Braunfels, TX), Memphis Light Gas & Water (Memphis, TN), and Burbank Water & Power (Burbank, CA). SSP Innovations also has worked with CoServ (Corinth, TX), Texas-New Mexico Power (Lewisville, TX), Tri-County Electric (Azle, TX), Alabama Power (Birmingham, AL) and Georgia Power (Atlanta, GA). SSP Innovations has earned the recognition of becoming the first utility-focused ArcGIS Online Specialty Partner. OPTIONS 1. Recommend awarding a three year professional services agreement contract to SSP Innovations, LLC in the total estimated expenditure not to exceed $2,000,000.00. 2. Not recommend awarding a three year professional services agreement contract to SSP Innovations, LLC in the total estimated expenditure not to exceed $2,000,000.00, and provide staff direction on what other actions to take. RECOMMENDATION DME recommends awarding a three-year professional services agreement to SSP Innovations, LLC in a total estimated expenditure not to exceed $2,000,000.00. ESTIMATED SCHEDULE OF PROJECT Upon approval from the Public Utility Board and Denton City Council, it is anticipated the first project will begin in August 2016. PRIOR ACTION/REVIEW (Council, Boards, Commissions) No prior action. DATE SCHEDULED FOR COUNCIL APPROVAL Upon approval from the Public Utility Board on August 8, 2016 this will be submitted to the Denton City Council for approval on August 16, 2016. AIS PUB Agenda Item # EXHIBIT 1 May 23, 2016 Page 5 of 5 FISCAL INFORMATION The services included in this PSA will be funded from project number 603582500. BID INFORMATION Not applicable EXHIBITS 1. Exhibit 1 DME Innovation Plan 2. Exhibit 2 #16-2-3 SSP Statement of Work for Clevest MWFM & Responder Integration 3. Exhibit 3 #16-2-9 SSP Statem Responder OMS with Trilliant AMI 4. Exhibit 4 #16-2-11 SSP Statement of Work for ArcGIS Online Public Streetlight Reporting Application 5. Exhibit 5 SSP Ballpark Estimate for Miscellaneous Requirements (Three-year PSA) 6. Exhibit 6 Selection of Vendor Justification 7. Exhibit 7 Professional Services Agreement with SSP Innovations Respectfully submitted: Phil Williams General Manager of Electric Utilities Denton Municipal Electric Prepared by: Jerry Fielder, P.E. Division Engineering Manager Distribution Denton Municipal Electric EXHIBIT 2 EXHIBIT 3 1DRAFT MINUTES 2PUBLIC UTILITIES BOARD 3Monday, August 8, 2016 9:00a.m. Service Center Training Room 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, August 8, 2016 at9:00a.m. in the Service Center Training Room at the City of Service 8Center, 901 A Texas Street, Denton, Texas. 9 10Present: Chair Randy RobinsonVice ChairPhil Gallivan,Charles Jackson, Barbara 11Russell Brendan Carroll and Susan Parker 12 13Ex Officio Members: Howard Martin, ACM Utilities 14 15Absent: Lilia Bynum 16 17OPEN MEETING 18 19ITEMS FOR INDIVIDUAL CONSIDERATION 20 21B. PUB16-176 - Consider recommending approval for a three-year Professional Services 22Agreement (PSA) with SSP Innovations to provide professional services in aid of Denton 23Municipal Electric Texas 24Local Government Code 252.022(4) allows for an exemption to competitive requirements for 25the expenditure of funds for procurement for a personal, professional, or planning service. 26Approval is for an amount not to exceed $2,000,000.00. (PSA 6122). 27 28Jerry Fielder gave the presentation starting with the objective of this item. Understand where 29DME is at with operation technology and preparation for automation and identify best practices 30approach to operation technology and innovation. 31 32Fielder went over the changed roles of the technology professionals from informational 33technology (IT) to operational technology (OT). 34 35The Innovation Technology Plan: 36Provides a roadmap, or plan, for the vetting and implementation of technology for use on the 37electric distribution system. 38Added service value to the end use customer and/or operational and management excellence 39must be a component of a project. 40Allows DME to operate as a stand-alone entity during disasters and emergencies. 41 42The PSA itemized projects include: 43Integration of OMS with Workforce Management 44Integration of OMS with AMI 45ArcGIS Online Public Streetlight Reporting Application 46Integration of OMS with DME Community Relations Outage Application 47Improvement of Public Facing Outage Map 48Implement new DME Web-based GIS Solution 49Implement Management GIS Dashboard 50Implement reporting solution for legacy OMS 51GIS Health Checkup EXHIBIT 3 1Assist with GIS Upgrades 2Review Disaster Recovery & Backup Solutions for OMS and related systems 3Implement GIS based asset management (field equipment) 4Develop DME GIS Training materials 5GIS Related Projects for DA and UAS 6Implement Graphic Work Design & Work Order Management System 7GIS and Systems Maintenance & Support 8 9Discussed in Innovation plan: 10Enhance Customer Services 11Text/Email notifications 12Distribution Management System software 13Distribution system advanced analytics 14Production tool enhancements for System Ops (Dispatch) 15Automatic Vehicle Location application 16Research opportunities and partnerships with the community and universities. 17Evaluation and planning for design and build of emergency backup data center, dispatch, and 18service restoration facility 19 20Standard Purchasing Rules Apply to this PSA. The costs are for SSP Innovations to assist DME 21Operational Technology with the implementation of the projects. Costs include implementation, 22but not procurement of specified software identified as required. Software purchases will be 23made per the City of Denton purchasing requirements and approvals. 24 25DME has used ESRI and Schneider products for over 20 years. DME Staff have personal 26knowledge and experience with vendor. 27 28Key points include: 29DME already has the foundation and is planning for the future. 30The PSA is a required for success of the plan. 31. 32All financial and other controls remain in place to assure implementation does not have a 33negative effect on existing corporate or operational practices. 34 35Board Member Carroll asked how many years it will take for the projected plans. Fielder 36answered they are five year projected plans. Carroll then asked if he thinks this will drive 37staff and use them 38more effectively. 39 40Board Member Parker motioned to approve item B-PUB16-176. There was a second by 41Board Member Russell. Vote 6-0 approved. 42 43Adjournment 11:35a.m. EXHIBIT 4 ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR, AUTHORIZING, AND APPROVING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND SSP INNOVATIONS TO ASSIST DENTON MUNICIPAL ELECTRIC WITH THEIR OPERATION TECHNOLOGY INCLUDING GENERAL INFORMATION SYSTEMS (GIS) AND RELATED SOFTWARE 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 6122-IN THE THREE (3) YEAR NOT-TO-EXCEED AMOUNT OF $2,000,000). WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including; items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; andneed not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following purchase of materials, equipment or supplies, as g Agent, and the license terms attached are hereby approved: FILE NUMBER VENDOR AMOUNT 6122 SSP Innovations $2,000,000 SECTION 2. The City Council hereby finds that this bid, and the award thereof, constitutes a procurement of items that are available from only one source, including, items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; and need not be submitted to competitive bids. EXHIBIT 4 SECTION 3. The acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION 4. The City Manager is hereby authorized to execute any contracts relating to the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby authorized. SECTION 5. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under File 6122 to the City Manager of the City of Denton, Texas, or his designee. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _________ day of ____________, 2016. ______________________________ CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ______________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ EXHIBIT 5 PROFESSIONAL SERVICES AGREEMENT FOR GIS ENGINEERING TECHNOLOGY SERVICES FOR DME (FILE 6122) ARTICLE I EMPLOYMENT OF CONSULTANT ARTICLE II SCOPE OF SERVICES DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 ARTICLE III Not Applicable ARTICLE IV PERIOD OF SERVICE ARTICLE V COMPENSATION DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 ARTICLE VI OBSERVATION AND REVIEW OF THE WORK DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 ARTICLE VII OWNERSHIP OF DOCUMENTS ARTICLE VIII INDEPENDENT CONTRACTOR ARTICLE IX INDEMNITY AGREEMENT ARTICLE X INSURANCE DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 ARTICLE XI ARBITRATION AND ALTERNATE DISPUTE RESOLUTION ARTICLE XII TERMINATION OF AGREEMENT DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 ARTICLE XIII RESPONSIBILITY FOR CLAIMS AND LIABILITIES ARTICLE XIV NOTICES ARTICLE XV ENTIRE AGREEMENT DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 ARTICLE XVI SEVERABILITY ARTICLE XVII COMPLIANCE WITH LAWS ARTICLE XVIII DISCRIMINATION PROHIBITED ARTICLE XIX PERSONNEL ARTICLE XX ASSIGNABILITY DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 ARTICLE XXI MODIFICATION ARTICLE XXII MISCELLANEOUS DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations, which the successful bidder 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. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid 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, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. 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: A- VII or better DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 Cancellation: City requires 30 day written notice should any of the policies described on the certificate be cancelled before the expiration date. DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 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: \[X \] General Liability Insurance: $1,000,000.00 \[X\] Automobile Liability Insurance: $500,000.00 DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 \[X\] WorkersCompensation Insurance Owner's and Contractor's Protective Liability Insurance Professional Liability Insurance Builders' Risk Insurance Commercial Crime Additional Insurance DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 ATTACHMENT 1 \[X\] Workers Compensation Coverage for Building or Construction Projects for Governmental Entities DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 Certificate of Interested Parties Electronic Filing 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. DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT A EXHIBIT 5 Denton Municipal Electric GIS Professional Services Agreement Proposal Denton Municipal Electric (DME) requests the following items be included in a three-year professional services agreement with SSP Innovations in a not to exceed amount for GIS and GIS-related services to assist the GIS department in maintenance, deployment and training of GIS technology at DME. 1) Agreement will be a one-year agreement to assist the GIS department at DME. The contract will automatically renew up to two (2), twelve (12) month periods. 2) Agreement will include all work necessary to build an AMI to OMS integration, fully built to specifications designed by Schneider Electric in 2014, but not using the Responder Integration Framework. See AMI to Responder project scope document. 3) Agreement will include the work necessary to review and improve the Disaster Recovery and Backup solutions at DME for the GIS, OMS and related systems. These requirements would be set out in a workshop that will include a review of any regulatory rules for the GIS, OMS and related systems. 4) Agreement will include all work necessary to assist the DME GIS department with GIS upgrades (Every other year, next one tentatively planned in 2017) as determined by the DME GIS department five-year work plan. This will include work to assist DME in eventually migrating to the new ESRI Geometric Network model in the future. 5) Agreement will include all the necessary work to implement an enterprise (GIS-based) design solution for DME. The work to identify this product will come from the DME/SSP Innovations project currently underway to identify the Design Workflow Processes at DME. 6) Agreement will include all work necessary to assist the DME GIS department with custom integrations related to a GIS based asset management software. This agreement shall also include the deployment of a GIS-based asset management software. 7) Agreement will include any work needed to integrate or customize any pieces of the Clevest Work Force Management software. 8) Agreement will include the assistance of a DBA to import archive data from an older OMS and Work Force Management systems. This assistance should also include help to design reports or queries on the older archive data. 9) Agreement will include an integration of OMS to a mobile application being developed by DME current outage status from Responder. 10) Agreement will include a specific time and materials rate for custom support on all GIS, OMS and related custom components owned by DME. This includes all existing asset management auto-updaters, inspector auto-updaters and Responder custom pieces & integrations. (Responder Integration Framework (IVR & SCADA) is currently being supported under a standard SUELA from Schneider, and will probably continue to be so in the future). DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT A EXHIBIT 5 11) Agreement will include development of a DME GIS training guide that includes training for DME GIS end users on ArcFM, Responder, Designer and related software. This could also be a training portal for DME staff to come to for training resources. 12) Agreement will include rebuilding the ArcFM Silverlight application to adapt for newer web- based mapping applications including HTML5 or Javascript. This solution could also be superseded by the use of ArcGIS Online at DME, depending on the path forward for DME with AGOL. These solutions will move DME to almost all paper-free work in the field. 13) Agreement will include development of DME focused, web-based portals using ArcGIS Online. One item will include a streetlight outage reporting application for the public to report streetlights out to the office. Another will include improvement of the current Public Facing Outage Map. 14) Agreement will include development of a GIS Dashboard for all management (ArcGIS Online). This will include items such as a miles of line calculation for all distribution primary overhead & underground, transmission and fiber underground and overhead. 15) Agreement will include help to scope new GIS related projects at DME including the integration and development needed for implementation of Distribution Automation systems and an Unmanned Aerial Vehicle system. 16) Agreement will include a health check of all GIS systems that DME uses. This will include an entire review of all of the GIS, GIS customizations and integrations. This should also include a review of the hardware systems that the GIS environment is running on. 17) Agreement will include any other GIS related projects or integrations that are identified including further customizations for any GIS products or integrations to other systems at DME. This could also include development of any applications needed for the DME GIS group. This will probably be a time and materials, in a not-to-exceed amount. 18) The City of Denton and Denton Municipal Electric will retain ALL ownership of customizations developed for COD and DME systems. Any products deployed and requiring licensure will need to be negotiated at that time. The vendor will also maintain a repository of all DME custom code worked on during the length of this agreement. 19) All travel & allowable expenses are to be included in the vendor provided rates or a not-to- exceed amount will be provided. 20) Upon request of a new task, there will need to be a written proposal prepared by the vendor. This proposal will identify all work to be completed for the task requested. This should be in some similar form as a Scope of Work with Milestones in each project identified. DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 Scope of Work #16-2-3 Integration Responder OMS with Clevest MWM ĻƩƭźƚƓ Њ͵Ћ Prepared For: April 21, 2016 Work to be performed by DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 Table of Contents 1 Overview ............................................................................................................................................... 3 1.1 Design Phase ................................................................................................................................. 4 1.1.1 Kickoff and Workshop ........................................................................................................... 4 1.1.2 Documentation ..................................................................................................................... 5 1.2 Development Phase ...................................................................................................................... 6 1.3 Deployment Phase ........................................................................................................................ 7 2 Assumptions .......................................................................................................................................... 8 3 Project Plan ........................................................................................................................................... 9 4 Quote .................................................................................................................................................. 10 DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 1 To satisfy DME) stated requirements of seamlessly utilizing the Schneider Electric Outage Management System information in the field on a real-time basis, SSP Innovations ) is proposing a comprehensive integration project between Responder and Clevest mobile work management (MWM) tools. Specifically, SSP proposes the design, development and deployment of integration code to provide the wĻƭƦƚƓķĻƩ ƭźķĻ of a two-way interface to Clevest software for four independent functions: -GetOutageReasonCodes -GetAllActiveOutageEvents -UpdateOutageStatus -RestoreOutage At times this project may require several different SSP, Clevest and DME resources. However, throughout the entirety of the project, the selected SSP Project Manager (TBD dependent on start date) will be the sole person responsible for executive project communication, issue resolution, resource management & scheduling, and ultimately, an on-time delivery of the stated solution. Additionally, the SSP Account Manager (Dean Perry) will be available to DME throughout the project duration to discuss any non-technical or personnel-specific concerns or questions. DME is already utilizing and is familiar with Esri ArcGIS and the Schneider Electric ArcFM software. This project will interface DMEs Responder OMS with the Clevest MWM software to provide a more streamlined, efficient, and ultimately valuable usage of time during an outage event. The following section describes the tasks required to perform this implementation in detail. DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 ΔȁΔ$¤²¨¦ 0§ ²¤ 1.1.1+¨¢ª®¥¥ £ Workshop Prior to kicking off the project, SSP will internally meet to review the goals, roles, risk items and plans for the project. This shall ensure all SSP project personnel have a clear understanding of the plan ahead of work beginning. Next, the SSP Senior Consultant and PM will remotely host a project kickoff meeting with DME. This meeting will consist of a review of the project goals, roles, personnel and schedule. Time will be allowed for questions and answers. IT team members from DME and technical representatives from Clevest are required to attend and participate. Upon the Kickoff Meetina review of the touch points between the two products, where in the workflow they will be used, and what they will do. The four integration touch points are described below, as understood at the creation of this SOW: -GetOutageReasonCodes is called in an on-demand fashion by an administrator as needed. The goal of this is to pull all of the legal outage cause codes from the OMS so that Clevest can present those codes to field workers for selection and then ultimately the code(s) selected by the field worker for an individual outage are sent back to the OMS when restoration occurs. This method is generally called once during the initial setup and then again if the list of valid cause codes is ever updated in the OMS. DME has requested that the outage reason codes will not be the full set that is available in the Responder system, and will be configured for this integration touch point on the Responder side of the interface. -GetAllActiveOutageEvents is called on a configurable polling interval. This is generally set somewhere around every 1 to 15 minutes with the utility being able to balance system performance against how quickly new information moves from the OMS to Clevest. This call will effectively create new outages in Clevest and update existing outages in Clevest with the latest information from the OMS. -UpdateOutageStatus is called multiple times per outage as the assigned crew(s) work the outage. Most of these updates are related to crew status (Acknowledged, Onsite, etc). At this time, DME has requested to Clevest that the ETOR will not be passed in from the field for the outage, though this data may be passed in the future. -RestoreOutage is called once per outage at the time the field worker concludes their work and believes the faulting device has been repaired or replaced. Additionally, comments will be entered by the field worker that will need to passed into the Responder system. DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 1.1.2Documentation Upon completion of the workshops, SSP will create a document detailing the design approach of the integration from the Responder perspective. The design will explicitly cover the web method signatures from the Multispeak specification as well as the expected implementation of functionality within the Responder API. SSP will then review the document with Clevest remotely to ensure the design specifications match the expectations from Clevest. Upon completion of the joint review meeting, SSP will update the document as required and submit it to Clevest and DME Provided all issues raised in the review meeting were addressed sufficiently, the Design Document will be considered approved for development at this time. DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 ΔȁΕ$¤µ¤«®¯¬¤³ 0§ ²¤ To begin the development phase, SSP will meet with Clevest and DME to establish a test environment at DME. Responder sample data will be loaded into the environment for testing purposes. Clevest should be prepared to provide an installation of their MWM software in the SSP-accessible test environment. If this is not possible they should be prepared to fully validate the approach SSP uses to create test harnesses as noted below. *Per updated SSP internal technology policy, in order for SSP to utilize DMEs Schneider Electric licensing for development and/or testing purposes, SSP will require DME to accommodate one of two activities for SSPs proper access: 1.If permitted within its software license agreements and preferable to DME, DME will provide SSP the required Schneider Electric software installers via FTP or Sharefile for SSPs use on development machines. DME provides access to its network via VPN along with the IP address and machine name of its license server. SSP will reference the license server for the term of testing any code / processes only. The network access will support allowing SSP machines onto the DME network to reference the server. 2.Alternatively, DME will provide a desktop or server that SSP is provided login rights to, on DMEs network. SSP will deploy our software development tools to this machine and use it to develop and test all new functionality. SSP will remote desktop to this environment to perform this work. This machine can be either physical or virtual. If virtual is preferred, SSP can provide the machine to DME. SSPs TFS source control can and will still be used for code control. Next, SSP will develop the programming code which will successfully enable the four interfaces that will be exposed to Clevest per the Multispeak specification. Only the web methods required for these operations will be implemented within the web service (i.e. the entire Multispeak interface will not be exposed). SSP will create messages to be used through SoapUI that will allow the integration points to be unit-tested. Each piece of functionality will be unit-tested to ensure it is working as designed. Clevest may be consulted during this unit testing to ensure the interface is operating as required for their software Finally, SSP will document the integration for future interrogation by DME. This document will include an installation guide and a description on how to configure, test, and validate each web method. DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 ΔȁΖ$¤¯«®¸¬¤³ 0§ ²¤ To deploy the solution, SSP will travel onsite to DME offices for ~three days. It is expected that Clevest would also be present onsite for this implementation, testing, and validation exercise. SSP will install the integration code into the client production environment. For the balance of the visit, SSP will provide onsite production support as DME users test and validate the new functionality utilizing the Clevest software against their Responder environment. Any issues will be addressed by either SSP or Clevest as needed to ensure that the integration is working as designed. DME will be expected to validate that the functionality meets the design documentation and operates correctly. Finally, upon completion of the onsite trip, SSP will provide remote support for the solution, up to 40 hours, over the following 10 business days. If support is required beyond the 10 business days or the 40 hours (whichever is achieved first) a change order may be required. At the completion of the offsite support period, the integration project will be considered complete. DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 2 The following assumptions have been made regarding the description of this work: DME will provide their GIS and Responder data to SSP for testing purposes in an SSP test environment. DME IT will provide all servers and will install all core Operating Systems. DME IT will be available to support any environmental, system access, or operating systems issues throughout the project. DME IT will provide all required environmental access in a timely manner (response time within 24 hours of request). DME must provide the targeted Oracle database version to SSP in writing at the project kickoff. DME will provide appropriate staff commitment levels to ensure the success of the integration project. Clevest will provide appropriate staff commitment levels to ensure the success of the integration project. Alterations to the design documentation after acceptance may require a change order depending on the significance of the change. Only the four web service end points noted in Section 1 will be implemented as part of this project. SSP has not included any time to train Schneider Electric on the support of the code, the usage of the code, the test harness, or the integration. If training time is needed, a change order will be required. DME will be responsible for ensuring that any required Responder data is in place to support the integration. DME and/or Clevest will be responsible for developing any formal test cases of the integrations points based on their usage within the Clevest software. SSP will not create or deliver any formal test cases. Post deployment support will be provided for up to 10 business days following the onsite go live week or 40 hours of work, whichever expires first. Once this support phase expires, the project will be deemed complete. If additional support time is required a change order will be required. The integration will be developed against Responder version 10.2.1. No formal training has been included in this statement of work. It is expected that the DME staff will be trained on Responder and Clevest usage independent of this project. DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 3 The detailed project plan that was used to scope and budget this project has been included below. It can be reviewed for additional information on tasks and duration. Dates depicted in the project plan are tentative and subject to change dependent on actual project start date and other factors; they're included here to communicate duration of tasks. DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 4 This quote is tied directly to the scope of work detailed within this document. Any changes to the scope of work before or during the project would result in a change order. This quote is provided as a fixed priced number inclusive of all expenses and is good for 90 days from the date listed on this SOW. Upon completion of this project, a single invoice will be provided to DME for its entirety. Project Task Est. Duration* Subtotal DME Responder-Clevest Integration 5ĻƭźŭƓ tŷğƭĻ Ќ Ĭǒƭ͵ ķğǤƭ υЍͲБЉЉ͵ЉЉ Project Management Kickoffs & Workshops Documentation 5ĻǝĻƌƚƦƒĻƓƷ tŷğƭĻ ЊЋ Ĭǒƭ͵ ķğǤƭ υЋЌͲЎЉЉ͵ЉЉ Project Management Work w/ Clevest to Establish Dev/Test Environment Develop Integration Code Unit Testing Interface Documentation 5ĻƦƌƚǤƒĻƓƷ tŷğƭĻ ЊЌ Ĭǒƭ͵ ķğǤƭ υЊБͲЊЌЎ͵ЉЉ Project Management Onsite Client Testing Offsite Support Grand Total 28 bus. days $46,435.00 Therefore, all durations depicted are non-binding estimates only. Note: All travel costs are included in the above quote. DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 Scope of Work #16-2-9 Integration Responder OMS with Trilliant AMI ĻƩƭźƚƓ Њ͵Ћ Prepared For: April 21, 2016 Work to be performed by DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 Table of Contents 1 Overview ............................................................................................................................................... 3 1.1 Design Phase ................................................................................................................................. 4 1.1.1 Kickoff and Workshop ........................................................................................................... 4 1.1.2 Documentation ..................................................................................................................... 4 1.2 Development Phase ...................................................................................................................... 5 1.3 Deployment Phase ........................................................................................................................ 6 2 Assumptions .......................................................................................................................................... 7 3 Project Plan ........................................................................................................................................... 8 4 Quote .................................................................................................................................................... 9 DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 1 To satisfy DME) stated requirements of seamlessly utilizing the Trilliant Schneider Electric Responder Outage Management System in the back office, SSP Innovations ) is proposing a comprehensive integration project between the two systems. SSP will work with DME and Trilliant to implement an integration between the Trilliant AMI system and the Responder OMS based on the information provided by DME based on past workshops. These integration points will include Responder accepting power-down and power-up messages from the AMI system via a new custom web service that will be implemented by SSP. This web service will not use the Responder Integration services. SSP will also implement a meter ping utility that will allow users to ping one or more meters from Responder/ArcMap to determine if the meters are up. The status for the meters will be displayed on the map. Finally, SSP will implement a new CIS integration to track non-pay customers with coloration changes on the map for non-paying customers. More detail is available for all of these integration points in the provided DME documentation. At times this project may require several different SSP, Trilliant and DME resources. However, throughout the entirety of the project, the selected SSP Project Manager (TBD dependent on start date) will be the sole person responsible for executive project communication, issue resolution, resource management & scheduling, and ultimately, an on-time delivery of the stated solution. Additionally, the SSP Account Manager (Dean Perry) will be available to DME throughout the project duration to discuss any non-technical or personnel-specific concerns or questions. DME is already utilizing and is familiar with Esri ArcGIS and the Schneider Electric ArcFM software. This project will interface DMEs Responder OMS with the Trilliant AMI system to provide a more streamlined, efficient, and ultimately valuable usage of the OMS. The following section describes the tasks required to perform this implementation in detail. DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 ΔȁΔ$¤²¨¦ 0§ ²¤ 1.1.1+¨¢ª®¥¥ £ Workshop Prior to kicking off the project, SSP will internally meet to review the goals, roles, risk items and plans for the project. This shall ensure all SSP project personnel have a clear understanding of the plan ahead of work beginning. Next, the SSP Senior Consultant and PM will remotely host a project kickoff meeting with DME. This meeting will consist of a review of the project goals, roles, personnel and schedule. Time will be allowed for questions and answers. IT team members from DME and technical representatives from Trilliant are required to attend and participate. Upon the Kickoff MeetinSSP will conduct remote workshops with DME Rx administrators, Trilliant, and the CIS department to determine the exact approach for integrating the systems. The integrations will all be based on a services oriented architecture (SOA) approach utilizing web services. Trilliant will be responsible for designing the AMI side of the integration and the CIS department will be responsible for designing the CIS side of the integration. 1.1.2Documentation Upon completion of the workshops, SSP will create a document detailing the design approach of the integration from the Responder perspective. SSP will then review the document with Trilliant and DME remotely to ensure the design specifications match the expectations from both parties. Upon completion of the joint review meeting, SSP will update the document as required and submit it to Trilliant and DME Provided all issues raised in the review meeting were addressed sufficiently, the Design Document will be considered approved for development at this time. DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 ΔȁΕ$¤µ¤«®¯¬¤³ 0§ ²¤ *Per updated SSP internal for development and/or testing purposes, SSP will require DME to accommodate one of two activities 1.If permitted within its software license agreements and preferable to DME, DME will provide development machines. DME provides access to its network via VPN along with the IP address and machine name of its license server. SSP will reference the license server for the term of testing any code / processes only. The network access will support allowing SSP machines onto the DME network to reference the server. 2.Alternatively, DME will provide a desktop or server th network. SSP will deploy our software development tools to this machine and use it to develop and test all new functionality. SSP will remote desktop to this environment to perform this work. This machine can be either physical or virtual. If virtual is preferred, SSP can provide the It has been assumed that the DME environment inclusive of the Responder application will have been previously replicated at the SSP or DME offices per the prior Clevest integration work. SSP will first create the web method signatures that will be required for development by Trilliant and/or the CIS department. Once created, SSP will provide the WSDL for these web methods for reference by the respective development groups. Next, SSP will create the required integration code for the four interface points. The code will be unit tested at SSP and interface installation and configuration documentation will be created. DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 ΔȁΖ$¤¯«®¸¬¤³ 0§ ²¤ To deploy the solution, SSP will travel onsite to DME offices for ~four days. It is expected that Trilliant and the CIS department would also be present onsite for this implementation, testing, and validation exercise. SSP will install the integration code into the client production environment. SSP will test and validate the functionality within each system as well. For the balance of the visit, SSP will provide onsite production support as DME users test and validate the new functionality. Any issues will be addressed by either SSP or Trilliant as needed to ensure that the integration is working as designed. DME will be expected to validate that the functionality meets the design documentation and operates correctly. Finally, upon completion of the onsite trip, SSP will provide remote support for the solution, up to 40 hours, over the following 10 business days. If support is required beyond the 10 business days or the 40 hours (whichever is achieved first) a change order may be required. Additional time has not been included for a second environment installation, however if this becomes a requirement, the DME SSP retainer may be utilized for the work. At the completion of the offsite support period, the integration project will be considered complete. DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 2 The following assumptions have been made regarding the description of this work: SSP will already have a functioning DME test Rx environment up and running at our offices per previous projects. DME IT will provide all servers and will install all core Operating Systems. DME IT will be available to support any environmental, system access, or operating systems issues throughout the project. DME IT will provide all required environmental access in a timely manner (response time within 24 hours of request). DME must provide the targeted Oracle database version to SSP in writing at the project kickoff. DME will provide appropriate staff commitment levels to ensure the success of the integration project. Trilliant will provide appropriate staff commitment levels to ensure the success of the integration project. Alterations to the design documentation after acceptance may require a change order depending on the significance of the change. Only the functionality described in Section 1 will be implemented as part of this project. SSP has not included any time to train Schneider Electric on the support of the code, the usage of the code, the test harness, or the integration. If training time is needed, a change order will be required. DME will be responsible for ensuring that any required Responder data is in place to support the integration. DME and/or Trilliant will be responsible for developing any formal test cases of the integration points based on their usage within the Trilliant software. SSP will not create or deliver any formal test cases. Post deployment support will be provided for up to 10 business days following the onsite go live visit or 40 hours of work, whichever expires first. Once this support phase expires, the project will be deemed complete. If additional support time is required a change order will be required. The integration will be developed against Responder version 10.2.1. No formal training has been included in this statement of work. It is expected that the DME staff will be trained on Responder and Trilliant usage independent of this project. DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 3 The detailed project plan that was used to scope and budget this project has been included below. It can be reviewed for additional information on tasks and duration. Dates depicted in the project plan are tentative and subject to change dependent on actual project start date and other factors; they're included here to communicate duration of tasks. DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 4 This quote is tied directly to the scope of work detailed within this document. Any changes to the scope of work before or during the project would result in a change order. This quote is provided as a fixed priced number inclusive of all expenses and is good for 90 days from the date listed on this SOW. Upon completion of this project, a single invoice will be provided to DME for its entirety. Project Task Est. Duration* Subtotal DME Responder-Trilliant Integration 5ĻƭźŭƓ tŷğƭĻ Ѝ .ǒƭ͵ 5ğǤƭ υЏͲБЉЉ͵ЉЉ Project Management Kickoffs & Workshops Documentation 5ĻǝĻƌƚƦƒĻƓƷ tŷğƭĻ ЊЋ .ǒƭ͵ 5ğǤƭ υЋЍͲЉЉЉ͵ЉЉ Project Management Develop Integration Code Unit Testing Interface Documentation 5ĻƦƌƚǤƒĻƓƷ tŷğƭĻ ЊЍ .ǒƭ͵ 5ğǤƭ υЋЉͲЌАЉ͵ЉЉ Project Management Onsite Installation, Testing, Validation Offsite Support Grand Total 30 Bus. Days $51,170.00 Therefore, all durations depicted are non-binding estimates only. Note: All travel costs are included in the above quote. DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 Scope of Work #16-2-11 LƒƦƌĻƒĻƓƷğƷźƚƓ ƚŅ ArcGIS Online Public Streetlight Reporting Application ĻƩƭźƚƓ Њ͵Њ Prepared For: March 7, 2016 Work to be performed by DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 Table of Contents 1 Overview ............................................................................................................................................... 3 1.1 Design Phase ................................................................................................................................. 4 1.2 Development Phase ...................................................................................................................... 4 1.3 Deployment Phase ........................................................................................................................ 4 2 Assumptions .......................................................................................................................................... 5 3 Project Plan ........................................................................................................................................... 6 4 Quote .................................................................................................................................................... 7 DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 1 e and has communicated its wish to configure an enterprise level solution that will allow them to expose and collect data from the public. components to securely expose data from the back office to the internet via our standard recommended architecture. This will provide the foundation for this specific streetlight reporting effort as well as all future ArcGIS Online projects including customer engagement, field inspections, public outage maps, and many other implementation use cases. Specifically within this project, SSP will work with DME to install and configure a template to collect streetlight outages from the public. The outages will be used to drive automatic notifications of other systems and/or individuals within DME (TBD). Additionally, a public facing streetlight outage map will be created to inform customers as to current outages and potentially restored outage locations. At times this project may require several different SSP and DME resources. However, throughout the entirety of the project, the selected SSP Project Manager (TBD dependent on start date) will be the sole person responsible for executive project communication, issue resolution, resource management & scheduling, and ultimately, an on-time delivery of the stated solution. Additionally, the SSP Account Manager (Dean Perry) will be available to DME throughout the project duration to discuss any nontechnical or personnel-specific concerns or questions. The following section describes the tasks required to perform this implementation in detail. DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 ΔȁΔ$¤²¨¦ 0§ ²¤ To begin the project, SSP will host a remote web session, up to four hours, to kick off the project and understand any work DME has done to date related to the streetlight outage reporting effort. This will also provide DME IT an opportunity to review the recommended architecture and to ask questions relating to the proposed solution. Additionally, DME should be prepared to represent what types of notifications are required for a streetlight outage, within this meeting. SSP will support email notifications and/or a call into a 3rd party system via a web service, if this functionality already exists. Next, SSP will draft a high-level document showing the approach to the required ArcGIS Online informational map products, as well as the notifications. This document will be reviewed with DME, updated per any client feedback, and finally submitted & accepted as the design for the project. ΔȁΕ$¤µ¤«®¯¬¤³ 0§ ²¤ To begin the development phase, SSP will develop the code for the notification functionality using a standard SSP Nightly Batch Suite (NBS) application. An NBS application decreases the time required to develop custom applications by providing standardized approaches for application scheduling notifications, logging, and geodatabase access. An application will be developed matching the requirements from the design document. ΔȁΖ$¤¯«®¸¬¤³ 0§ ²¤ To deploy the solution, SSP will travel onsite to DME for a full week. The week will include installation and configuration of an enterprise-ready ArcGIS Online configuration including secure access of mapping services via the internet. SSP will then install and validate the NBS automation application for consuming streetlight outages entered via ArcGIS Online. SSP will also create the various web maps to be used in collecting the outages and for displaying the outage map to the public via the DME website. SSP will conclude the week by fully training DME administrative personnel on the solution, to allow them to deploy similar solutions on their own in the future. The goal is to enable DME to be as self- sufficient with the technology as possible. Finally, immediately upon conclusion of the onsite week, SSP will provide a remote support period for plication, up to five business days or 10 hours of labor, whichever occurs first. Should additional support be required, a change order may be necessary, or the DME-SSP retainer may be used. DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 2 The following assumptions have been made regarding the description of this work: DME IT will provide all servers and will install all core Operating Systems. DME IT will be available to support any environmental, system access, or operating systems issues throughout the project. DME IT will provide all required environmental access in a timely manner (response time within 24 hours of request). DME will provide appropriate staff commitment levels to ensure the success of the project. DME owns or will purchase all of the necessary Esri licensing for the software used for this project, including the required ArcGIS Server and ArcGIS Online subscription licensing (named users). DME will provide a dedicated server (either physical or VM Ware) to host the Esri ArcGIS Server application. DME will OPTIONALLY provide a dedicated server (either physical or VM Ware) to host Microsoft IIS and ArcGIS Web Adaptor within their DMZ. DME will be responsible for purchasing an SSL certificate and installing it within Microsoft IIS on the DMZ server if https is used (recommended). DME will allow the ArcGIS Server rest services to be made accessible to the internet via a DMZ web server and will open the required ports as shown in the diagram in this SOW. The post-deployment remote support included in this project is for up to 10 hours of work or 5 days of duration, whichever comes first. If further support is deemed necessary, a change order or follow-on support contract may be required. DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 3 The detailed project plan that was used to scope and budget this project has been included below. It can be reviewed for additional information on tasks and duration. Dates depicted in the project plan are tentative and subject to change dependent on actual project start date and other factors; they're included here to communicate duration of tasks. DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 4 This quote is tied directly to the scope of work detailed within this document. Any changes to the scope of work before or during the project would result in a change order. This quote is provided as a fixed priced number inclusive of all expenses and is good for 90 days from the date listed on this SOW. Upon completion of this project, a single invoice will be provided to DME for its entirety. Project Task Est. Duration* Subtotal DME ArcGIS Online Public Streetlight Reporting Application Implementation 5ĻƭźŭƓ tŷğƭĻ Ћ Ĭǒƭ ķğǤƭ υЍͲЉЉЉ͵ЉЉ Project Management Kickoffs & Workshops Documentation 5ĻǝĻƌƚƦƒĻƓƷ tŷğƭĻ Ћ Ĭǒƭ ķğǤƭ υЍͲЉЉЉ͵ЉЉ Project Management SSP NBS App Code Development 5ĻƦƌƚǤƒĻƓƷ tŷğƭĻ ЊЉ Ĭǒƭ ķğǤƭ υЋЉͲЉЉЎ͵ЉЉ Project Management Onsite Install/Configure Solution SSP Nightly Batch Suite Framework Product Purchase Offsite Support Grand Total 14 bus days $28,005.00 Therefore, all durations depicted are non-binding estimates only. Note: All travel costs are included in the above quote. DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 Ballpark Estimate Miscellaneous Requirements ĻƩƭźƚƓ Њ͵Ќ Prepared For: April 21, 2016 Work to be performed by DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 Table of Contents 1 Overview ............................................................................................................................................... 3 2 Ballpark Estimates by Requirement ...................................................................................................... 4 2.1 Implementation of Graphic Work Design & Work Order Management System Integration ....... 4 2.1.1 Anticipated Task List ............................................................................................................. 4 2.2 Integration of Responder OMS to DME Community Relations Outage Application .................... 5 2.2.1 Anticipated Task List ............................................................................................................. 5 2.3 Improvement of Public Facing Outage Map ................................................................................. 6 2.3.1 Anticipated Task List ............................................................................................................. 6 2.4 Implementation of GIS Management Dashboard ......................................................................... 7 2.4.1 Anticipated Task List ............................................................................................................. 8 2.5 Review of Disaster Recovery & Backup Solutions for GIS, OMS and Related Systems ................. 9 2.5.1 Anticipated Task List ............................................................................................................. 9 2.6 Assistance with GIS Upgrade ...................................................................................................... 10 2.6.1 Anticipated Task List ........................................................................................................... 11 2.7 Implementation of GIS-Based Asset Management Software ..................................................... 13 2.7.1 Anticipated Task List ........................................................................................................... 14 2.8 Implementation of Reporting Solution for Legacy OMS Data .................................................... 15 2.8.1 Anticipated Task List ........................................................................................................... 15 2.9 Implementation of New DME Web-Based GIS Solution ............................................................. 16 2.9.1 Anticipated Task List ........................................................................................................... 16 2.10 GIS Health Check-up ................................................................................................................... 17 2.10.1 Anticipated Task List ........................................................................................................... 17 2.11 Development of Custom DME GIS Training Materials ................................................................ 18 2.11.1 Anticipated Task List ........................................................................................................... 18 2.12 GIS-Related Projects for Distribution Automation and Unmanned Aerial Vehicle Systems ...... 19 2.12.1 Anticipated Task List ........................................................................................................... 19 2.13 GIS Support Retainer ................................................................................................................... 20 2.13.1 Anticipated Task List ........................................................................................................... 20 DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 1 has provided an extensive list of various requirements to SSP around its GIS. In response to the list, this document provides rough order of magnitude cost estimates, and line-item task detail where possible, as to the work likely required to resolve each requirement. All depictions of levels of effort, durations and/or costs within this document shall be considered non- binding ballpark estimates for rough budgeting purposes only. SSP does not guarantee the success of any of the below solutions at the stated price. In order to obtain a committed SOW with subtask-level detail, schedule and fixed costs, a scoping conversation would be required between the two entities for the corresponding requirement. Prices included are using SSP rates and projected costs for projects signed in calendar year 2016. These rates are subject to change. Electric licensing for development and/or testing purposes, SSP will require DME to accommodate one 1.If permitted within its software license agreements and preferable to DME, DME will provide SSP the required Schneider Electric software installe development machines. DME provides access to its network via VPN along with the IP address and machine name of its license server. SSP will reference the license server for the term of testing any code / processes only. The network access will support allowing SSP machines onto the DME network to reference the server. 2. network. SSP will deploy our software development tools to this machine and use it to develop and test all new functionality. SSP will remote desktop to this environment to perform this work. This machine can be either physical or virtual. If virtual is preferred, SSP can provide the TFS source control can and will still be used for code control. DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 2 2.1)¬¯«¤¬¤³ ³¨® ®¥ '± ¯§¨¢ 7®±ª $¤²¨¦ lj 7®±ª /±£¤± - ¦¤¬¤³ 3¸²³¤¬ )³¤¦± ³¨® d potential system interfaces surrounding work order management and design. DME will utilize this project as an input into the decision-making process around a future purchase and installation of both a capital work order management system as well as a graphic work design tool. Depending on the systems DME chooses for installation, SSP will handle the installation, configuration, provided to DME has been included in this document as a placeholder for this work. A revised and detailed task order and project plan will be created and agreed upon with DME before any work commences. /ƚƭƷ 9ƭƷźƒğƷĻʹ υЏЉЉͲЉЉЉ͵ЉЉ 2.1.1!³¨¢¨¯ ³¤£ 4 ²ª ,¨²³ Not available at this time scoping calls required. DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 2.2)³¤¦± ³¨® ®¥ 2¤²¯®£¤± /-3 ³® $-% #®¬¬´¨³¸ 2¤« ³¨®² /´³ ¦¤ Application DME is currently evaluating customer-facing applications that will allow customers to check their status within an outage event. This will work by allowing the third- participation in a confirmed incident within Responder. Another option would be to allow customers to report an outage via the third-party application. While DME has not selected a vendor or application for this functionality as of yet, SSP has previously implemented similar Responder-based functionality at other utilities and has used those projects to provide a ballpark for this project. /ƚƭƷ 9ƭƷźƒğƷĻʹ υЎЎͲЉЉЉ͵ЉЉ 2.2.1!³¨¢¨¯ ³¤£ 4 ²ª ,¨²³ DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 2.3I¬¯±®µ¤¬¤³ ®¥ 0´¡«¨¢ & ¢¨¦ /´³ ¦¤ - ¯ This implementation will utilize the ArcGIS Online components that were installed via the previously scoped project Installation of ArcGIS Online Public Streetlight Reporting Application (SSP SOW #16-2-11) to provide secure access to GIS data via the internet. This will allow for the Responder data to be viewed via the public facing DME website. DME has already experimented with creating an outage map, but the current map shows the individual responder incident locations (exact location of outage), which is not a recommended pattern. SSP recommends usage of our standard approach for public facing responder outage maps. This approach utilizes an aggregation of the Responder incident data to various polygons covering the service territory. This data is then made available to a web map template provided by Esri specifically for public facing outages. This template will be installed and configured alongside the SSP NBS application for Responder aggregation. /ƚƭƷ 9ƭƷźƒğƷĻʹ υЊЏͲЉЉЉ͵ЉЉ 2.3.1!³¨¢¨¯ ³¤£ 4 ²ª ,¨²³ DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 2.4)¬¯«¤¬¤³ ³¨® ®¥ ')3 - ¦¤¬¤³ $ ²§¡® ±£ DME would like to build a GIS dashboard that includes both statistical information extracted from GIS (e.g., miles of line for distribution primary overhead and underground, etc.), as well as general mapping tools for managing day-to-day operations. SSP is currently working on a similar project at another utility and has used this project to ballpark this effort at DME. SSP would propose to create a standard ASP.Net website that is driven by two major functional tabs. The first (default) tab will contain the statistical key performance indicators (KPIs) that are extracted from the underlying data. Presentation of this data may include charts and graphs as needed. The second major tab will include an embedded web view of a configured Esri Operations Dashboard which will provide a mapping-based approach to locating specific assets, events, or work. Operations dashboard provides additional functionality for adding graphs and charts tied directly to the data on the map. The combination of the statistical and map-based dashboard will provide DME with maximum flexibility for providing information to managers throughout the utility. /ƚƭƷ 9ƭƷźƒğƷĻʹ υВБͲЍЉЎ͵ЉЉ DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 2.4.1!³¨¢¨¯ ³¤£ 4 ²ª ,¨²³ DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 2.52¤µ¨¤¶ ®¥ $¨² ²³¤± 2¤¢®µ¤±¸ lj " ¢ª´¯ 3®«´³¨®² ¥®± ')3Ǿ /-3 £ 2¤« ³¤£ 3¸²³¤¬² DME would like to have their current DR and backup solutions reviewed by an expert in the field. An SSP enterprise architect will travel to DME to work with them to review all current procedures for disaster recovery, optionally high availability, and backups. The architect will then draft a recommendations document covering all recommended changes including potential usage of additional database and/or other software applications to increase the redundancy of the system. SSP will then lead the implementation of the changes and provide support surrounding the new software/procedures. SSP has provided a ballpark for this effort based on experience at other utilities. /ƚƭƷ 9ƭƷźƒğƷĻʹ υЌЌͲЋЌЎ͵ЉЉ 2.5.1!³¨¢¨¯ ³¤£ 4 ²ª ,¨²³ DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 2.6!²²¨²³ ¢¤ ¶¨³§ ')3 5¯¦± £¤ Every other year, DME performs upgrades for the GIS and the related application extensions (ArcFM, OMS, etc.). DME is already underway with an upgrade to Esri 10.2.1, which will be the standardized version for usage within ArcGIS Desktop until the newer Esri Utility Network (UN) is ready for usage by the industry. This may or may not be within the three-year suggested timeframe of this proposed agreement. Therefore, SSP has included a ballpark for supporting various upgrade activities during this time. This may be related to implementation of the new UN and/or may be used to update/upgrade other supporting application components within the context of DME GIS. A key suggestion for this work would be an Oracle upgrade to version 12c, which is heavily tied to several DME custom Responder integrations for SCADA and IVR. Per DME recommendations, these Responder integrations should be upgraded and/or replaced for better Oracle compliance prior to upgrading Oracle. The time and budget allotted to this task will be evaluated closer to the time when an upgrade is requested/required by DME. /ƚƭƷ 9ƭƷźƒğƷĻʹ υЊЎЏͲЏЋЉ͵ЉЉ DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 2.6.1!³¨¢¨¯ ³¤£ 4 ²ª ,¨²³ DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 2.7)¬¯«¤¬¤³ ³¨® ®¥ ')3-" ²¤£ !²²¤³ - ¦¤¬¤³ 3®¥³¶ ±¤ DME uses a Microsoft Access Database application to manage their assets today. The asset data is stored directly in their GIS database and there is custom functionality in place to allow the asset data to be linked to GIS asset records. The current solution is not a centrally managed application, utilizes VBA - which has been scheduled by Microsoft for deprecation - and lacks enterprise level security. project-ware which will move the asset management functionality into an enterprise-level intranet website using the latest recommended development platforms. This new implementation will give DME thorough confidence in the enterprise security by integrating it with Microsoft Active Directory for authentication along with a flexible role-based authorization model. -ware also includes best practices for integrating this data into the GIS within an ArcFM data model. SSP will review and make use of the asset management and GIS integration developed at DME today where possible to ensure the new solution meets the business needs of the organization. A ballpark for this work has been included based on a prior asset management statement of work provided to DME. /ƚƭƷ 9ƭƷźƒğƷĻʹ υЋЏЌͲЍВЉ͵ЉЉ DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 2.7.1!³¨¢¨¯ ³¤£ 4 ²ª ,¨²³ DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 2.8)¬¯«¤¬¤³ ³¨® ®¥ 2¤¯®±³¨¦ 3®«´³¨® ¥®± ,¤¦ ¢¸ /-3 $ ³ DME relies on legacy OMS data from a previous installation of Milsoft (prior to Responder). Currently on the Milsoft reporting tool for access to this data and has requested that new independent reports be created to replicate the data that they need for ongoing operational management. information that DME requires. These reports may utilize an out-of-the-box software package like SQL Server Reporting or Microsoft Access (TBD) to render the report format. The resulting reports will be reviewed with DME and subsequently updated as needed. The final solution will then be deployed to DME, at which time the Milsoft application can be retired. SSP has included a ballpark for this work based on the requirements available at this time. /ƚƭƷ 9ƭƷźƒğƷĻʹ υЊБͲВЉЉ͵ЉЉ 2.8.1!³¨¢¨¯ ³¤£ 4 ²ª ,¨²³ DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 2.9Implementa³¨® ®¥ .¤¶ $-% 7¤¡-" ²¤£ ')3 3®«´³¨® This implementation will utilize the ArcGIS Online components that were installed via the previously scoped project Installation of ArcGIS Online Public Streetlight Reporting Application (SSP SOW #16-2-11). DME desires to move off of the legacy ArcFM Silverlight Viewer that is in use today to a newer HTML5 / JavaScript API viewer. Based on conversations with DME, SSP is recommending moving to an ArcGIS Online-based map viewer. This will provide DME with an industry-standard viewer without any customization required. The one key item that is not readily available in ArcGIS Online is ArcFM tracing, however DME has indicated that this functionality is not heavily used, and is therefore not imperative. As part of this effort, SSP will also work with DME to replace their current ArcGIS Engine Inspector usage with an ArcGIS Online Collector installation. This will include configuring collection templates for field users to capture inspections including attribute data, GPS location, and optionally pictures. This data will then be available in the back office. SSP has also included some (TBD) NBS automation to utilize the inspection data to drive notifications or other related reporting. SSP has included a ballpark for this work. /ƚƭƷ 9ƭƷźƒğƷĻʹ υЋЍͲВЉЉ͵ЉЉ 2.9.1!³¨¢¨¯ ³¤£ 4 ²ª ,¨²³ DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 2.10')3 (¤ «³§ #§¤¢ª-up DME has requested a health check-up for all GIS systems that DME uses. This will cover an entire review of all core GIS, GIS customizations, and integrations in place. SSP will send both an enterprise architect and a senior consultant onsite to work with DME to review usage of the various systems. The architect will focus on usage of the database and hardware sizing, while the senior consultant will review the software, customization, and integration usage. The senior consultant will include a review all custom code to ensure it is operating correctly and efficiently. The senior consultant and the architect will work together to create a recommendations guide covering all aspects of the GIS implementation. This document will be presented to DME, updated and finalized. It should be noted that this effort does not include the implementation of any recommendations. SSP has included a ballpark for this effort which may be revised closer to the project. /ƚƭƷ 9ƭƷźƒğƷĻʹ υЌЉͲБАЉ͵ЉЉ 2.10.1!³¨¢¨¯ ³¤£ 4 ²ª ,¨²³ DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 2.11Devel®¯¬¤³ ®¥ #´²³®¬ $-% ')3 4± ¨¨¦ - ³¤±¨ «² DME desires customized training materials for onboarding new GIS personnel and/or regression training of existing personnel. SSP will work with DME to create custom course presentation content and exercises for ArcFM, Responder, whatever graphic work design tool is chosen, and any related applications. SSP will deliver the custom materials and then travel onsite to teach the course(s) during two separate visits. The training materials will be owned by DME and can be used for subsequent internal training sessions as needed. Either DME staff or SSP staff can be used for future training as desired (not included in this estimate). SSP has included a ballpark for this effort which may be revised based on changes in the systems at the time the training materials are developed. DME will be responsible for providing access to the DME environment for development of the materials. /ƚƭƷ 9ƭƷźƒğƷĻʹ υАЎͲЏЊЉ͵ЉЉ 2.11.1!³¨¢¨¯ ³¤£ 4 ²ª ,¨²³ DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 2.12GIS-2¤« ³¤£ 0±®©¤¢³² ¥®± $¨²³±¨¡´³¨® !´³®¬ ³¨® £ 5¬ ¤£ !¤±¨ « 6¤§¨¢«¤ 3¸²³¤¬² DME has requested assistance with future GIS-related projects including the integration and development needed for implementation of Distribution Automation systems and an Unmanned Aerial Vehicle system. The requirements for these systems are unknown at this time so a simple placeholder for 130 days of work has been included in this document, to provide a general ballpark. This item will need to be estimated once requirements are known. /ƚƭƷ 9ƭƷźƒğƷĻʹ υЋЏЉͲЉЉЉ͵ЉЉ 2.12.1!³¨¢¨¯ ³¤£ 4 ²ª ,¨²³ Not available at this time scoping calls required. DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 2.13')3 3´¯¯®±³ £ !££¨³¨® « 0±®©¤¢³² DME desires a contractual mechanism to request ad hoc services for small jobs and/or issue/bug resolution from a qualified GIS consultant over the course of this PSA. This will be a time & materials (T&M) rate for custom support on all GIS, OMS, and related custom components owned by DME. This includes all existing asset management auto-updaters, inspector auto- updaters and Responder custom pieces & integrations. This also includes any other GIS related projects or integrations that are identified including further customizations for any GIS products or integrations to other systems at DME. This could also include development of any applications needed for the DME GIS group. In order to project a not-to-exceed cost for this task order, SSP has provided an estimate of 12% of a full time consultant to help with these miscellaneous activities over the course of a three-year time period. This work will be invoiced every thirty days ONLY for the work completed in the previous thirty days. SSP tracks T&M work down to the quarter-hour and provides timesheet log-level detail for all time worked under a T&M agreement. Any approved expenses would be reimbursed by DME. The not-to-exceed cost and level of effort for this estimate can be increased or decreased by DME prior contracting for the work, funds are exhausted, at which time a change order will be required to allocate additional funds. /ƚƭƷ 9ƭƷźƒğƷĻʹ bƚƷΏƷƚΏ9ǣĭĻĻķ υЋЍЊͲЌЏЉ͵ЉЉ IƚǒƩƌǤ wğƷĻʹ υЋЉЉ͵ЉЉ ΫLƓ ƷŷĻ ĻǝĻƓƷ {{t ƒǒƭƷ ƷƩğǝĻƌ Ʒƚ 5a9 Ʒƚ ƦƩƚǝźķĻ ƭǒƦƦƚƩƷ ƭĻƩǝźĭĻƭͲ ğƌƌ ƦƩĻΏğƦƦƩƚǝĻķ ƷƩğǝĻƌ ĻǣƦĻƓƭĻƭ Ǟźƌƌ ĬĻ ƩĻźƒĬǒƩƭĻķ ĬǤ 5a9 ğƷ ĭƚƭƷ͵ 2.13.1!³¨¢¨¯ ³¤£ 4 ²ª ,¨²³ As-needed support and services for duration of PSA. DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 SSPProposalSummary Integration/Clevest$46,435.00 Integration/Trilliant$51,170.00 StreetlightReporting$28,005.00 Miscellaneous Includes:GraphicWorkDesign&WorkOrderMgmtSystemIntegration$600,000.00 Integration/ResponderOMS$55,000.00 ImprovementofPublicFacingOutageMap$16,000.00 Implement/GISMgmtDashboard$98,405.00 ReviewofDisasterRecovery&BackupSolutions$33,235.00 GISupgradeAssistance$156,620.00 Implement/GISAssetMgmtSoftware$263,490.00 Implement/ReportingSolutionforLegacyOMSData$18,900.00 ImplementNewDMEWebBasedGIS$24,900.00 GISHealthCheckup$30,870.00 DevelopmentofCustomDMEGISTrainingMaterials$75,610.00 GISRelatedProjectsforDistributionAutomation$260,000.00 GISSupportRetainer$241,360.00 HourlyRateforincidentalservices$200perhour TravelexpensesaretobepreapprovedbyDMEandreimbursedatcost. DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 EXHIBIT C INDIVIDUAL PROJECT INITIATION PROCESS DocuSign Envelope ID: 8D4A357A-9685-4A1D-B1E7-2EE76C0952E3 EXHIBIT 5 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., Regular Session. 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 4 I have no Conflict of Interest to disclose. 5 EXHIBIT 5 Certificate Of Completion Envelope Id: 8D4A357A96854A1DB1E72EE76C0952E3Status: Sent Subject: City Council Docusign Item - 6122 GIS Engineering Technology Services for DME (SSP Innovations) Source Envelope: Document Pages: 70Signatures: 3Envelope Originator: Certificate Pages: 6Initials: 0Rebecca Hunter AutoNav: Enabledrebecca.hunter@cityofdenton.com EnvelopeId Stamping: EnabledIP Address: 129.120.6.150 Time Zone: (UTC-08:00) Pacific Time (US & Canada) Record Tracking Status: OriginalHolder: Rebecca HunterLocation: DocuSign 5/5/2016 11:40:16 AM rebecca.hunter@cityofdenton.com Signer EventsSignatureTimestamp Rebecca HunterSent: 5/5/2016 11:44:33 AM Completed rebecca.hunter@cityofdenton.comViewed: 5/5/2016 11:44:45 AM Senior BuyerSigned: 5/5/2016 11:45:58 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: Dean PerrySent: 5/5/2016 11:46:01 AM Dean.perry@sspinnovations.comViewed: 5/5/2016 1:46:54 PM Director of SalesSigned: 5/5/2016 1:52:38 PM Security Level: Email, Account Authentication Using IP Address: 108.21.220.11 (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: John KnightSent: 5/5/2016 1:52:43 PM john.knight@cityofdenton.comViewed: 5/5/2016 2:43:51 PM Deputy City AttorneySigned: 5/5/2016 2:44:58 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: 5/5/2016 2:45:01 PM julia.winkley@cityofdenton.comViewed: 5/6/2016 10:34:12 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) Signer EventsSignatureTimestamp EXHIBIT 5 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: 5/5/2016 1:52:41 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: 5/5/2016 1:52:42 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 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) Carbon Copy EventsStatusTimestamp EXHIBIT 5 Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Trey Price trey.price@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/Encrypted5/5/2016 2:45:01 PM Electronic Record and Signature Disclosure EXHIBIT 5 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 16-1041,Version:1 AGENDA INFORMATION SHEET DEPARTMENT:Materials Management ACM:Bryan Langley AGENDA DATE:August 16, 2016 SUBJECT Consideradoptionofanordinanceacceptingcompetitiveproposalsandawardingacontractformailing servicesincludingthedailypick-up,metering,anddeliverytotheUnitedStatesPostOfficefortheCityof Denton’sresidualmail;providingfortheexpenditureoffundstherefor;andprovidinganeffectivedate(RFP 6155-awarded to EagleWheeler Printing Company in the three (3) year not-to-exceed amount of $345,000). RFP INFORMATION TheCityofDentonhasoutsourcedthetasksofdailypickup,metering,anddeliverytotheUnitedStates(U.S.) PostOfficeformultipledepartments’residualmailtoathirdpartymailserviceproviderforthirteen(13)years. Outsourcingtoamailservicecontractorhasprovidedanefficientandcosteffectivemethodofhandlinga monthlyaverageof5,000piecesofresidualmailincludingenvelopes,smallpackages,andcertifiedmail.The mailispickedupdailyfrommultiplelocationswithin(4)fourCityofDentonbuildings.Themailis consolidatedandmeteredatthecontractor’splaceofbusinesswhileutilizingtheirmailsortingandmetering equipment.Themeteredmailisdelivereddailytothelocalpostofficebythedesignatedtimetoensuresame dayserviceprovidedbytheU.S.PostOffice.ThecontractorisrequiredbytheCitytoprocessmailatthe lowestpossiblepermissiblerateavailablefromtheU.S.PostalServiceandtokeeptheCityinformedofsavings available to the City. TheCity’sDistributionCenterisresponsibleforplacingadepositwiththemailservicecontractortocoverthe costofpostagetobemetered.ThepostageispassedthroughthecontractortotheU.S.PostalService.The totalpre-paidamountwillnotexceed$15,000,withinaquarter,or$60,000annually,withoutapprovalfromthe contractadministrator.Thecontractoriscontractuallyrequiredtoincludethepostagemeterperpetualbalance, includingthedateandamountofeachdepositposted,andanitemizedchargeformailingservicesperformed eachmonth.StafffromtheDistributionCenterandAccountingreconciletheitemizedstatementandthe invoiceprovidedmonthlybythecontractor.Uponreconciliation,thepostageandthecostformailingservice are charged to each end user (or user department) based on the number of pieces mailed. RequestsforProposalsweresentto104prospectivesuppliersincluding11localvendors.Inaddition, specificationswereplacedontheMaterialsManagementwebsiteforprospectivesupplierstodownloadand advertisedinthelocalnewspaper.One(1)proposalmeetingspecificationwasreceivedfromtheincumbent vendor,EagleWheelerPrintingCompany(EagleWheeler).Theproposalwasevaluatedbaseduponpublished criteriaincludingprice,delivery,compliancewithspecifications,andindicatorsofprobableperformance City of DentonPage 1 of 3Printed on 8/12/2016 powered by Legistar© File #:ID 16-1041,Version:1 (Exhibit1).ThepricingsubmittedbyEagleWheelerisa$.02increaseovertheircurrentpricingwhichwas approvedonApril16,2013.Thisiswithinanacceptablerangeforthistypeofservice.Therefore,basedon satisfactoryperformanceduringthepastthree(3)years,staffisrecommendingawardtoEagleWheelerPrinting Company, a local vendor, as the best value for the City. TheDistributionCenterhasanannualamountof$60,000budgetedforpostage.BasedontheCostofService pricingshownonExhibit1($52,211.25),thecombinedtotalforpostageandthecostofserviceisestimatedto be $112,211.25 annually. RECOMMENDATION AwardtoEagleWheelerPrintingCompanyinthethree(3)yearnot-to-exceedamountof$345,000.This includes a small contingency amount for a new services that may be required during the contract period. PRINCIPAL PLACE OF BUSINESS EagleWheeler Printing Company Denton, TX ESTIMATED SCHEDULE OF PROJECT ThiscontractwillbeginOctober16,2016.Thisisaninitialone(1)yearcontractwithoptionstoextendthe contract for two (2) additional one (1) year periods, with all terms and conditions remaining the same. FISCAL INFORMATION ThecostofserviceandpostagewillbefundedoutoftheDistributionCenterPostageWorkingCapitalaccount and charged back to the using department. 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/Ranking sheet Exhibit 2: Ordinance Exhibit 3: Contract Respectfully submitted: Chuck Springer, 349-8260 Director of Finance City of DentonPage 2 of 3Printed on 8/12/2016 powered by Legistar© File #:ID 16-1041,Version:1 For information concerning this acquisition, contact: Elton Brock at 349-7133. City of DentonPage 3 of 3Printed on 8/12/2016 powered by Legistar© EXHIBIT 2 ORDINANCE NO. 2016-______ AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A CONTRACT FOR MAILING SERVICES INCLUDING THE DAILY PICK-UP, METERING, RESIDUAL MAIL; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 6155AWARDED TO EAGLEWHEELER PRINTING COMPANY IN THE THREE (3) YEAR NOT-TO-EXCEED AMOUNT OF $345,000). WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for the supply of Mailing 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 6155 EagleWheeler Printing Company $345,000 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 6155 to 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: _________________________________ EXHIBIT 3 CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AN EAGLEWHEELER PRINTING COMPANY (FILE 6155) THIS CONTRACT is made and entered into this date _______2016 by and between EagleWheeler Printing Company, whose address is 733 Fort Worth Drive, Denton TX 76201, 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 accordance with the CityÓs document RFP 6155- Mailing Services for City of Denton, 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(Exhibit ÐAÑ); (b)Request for Proposal (Exhibit ÐBÑ on File at the Office of the Purchasing Agent); (c)City of Denton Standard Terms and Conditions (Exhibit Ð C Ñ); (d)Insurance Requirements (Exhibit Ð D Ñ); (e)Certificate of Interested Parties Electronic Filing (Exhibit "E"); (f)ContractorÓs Proposal. (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 they are listed above. These documents shall be referred to collectively as ÐContract Documents.Ñ File # 6155 DocuSign Envelope ID: D94621E5-5352-4145-A936-56104982C039 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: ___________________________ ___________________________________ TEXAS ETHICS COMMISSION CERTIFICATE NUMBER CITY OF DENTON, TEXAS ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: HOWARD MARTIN INTERIM CITY MANAGER BY: __________________________________ Date: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: __________________________________ File # 6155 DocuSign Envelope ID: D94621E5-5352-4145-A936-56104982C039 EXHIBIT 3 Exhibit A Special Terms and Conditions Total Contract Amount The contract total for services shall be an estimated $115,000 annually, not exceed $345,000 for three years. Pricing shall be per Exhibit F attached. Contract Terms The contract term will be three (3) years, effective from date of award or notice to proceed as determined by the City of Denton Purchasing Department. The contract shall commence upon the issuance of a Notice of Award by the City of Denton and shall automatically renew each year, from the date of award by City Council, unless either party notifies the other prior to the scheduled renewal date. At the sole option of the City of Denton, the contract may be further extended as needed, not to exceed a total of six (6) months. Metering Deposits City will place on deposit with the Contractor sufficient dollars to cover cost of postage and replenish as agreed upon, on a quarterly basis (estimated $15,000 after invoice is received for deposit). Invoices for additional meter deposit, must be received when postage drops to $2,250.00 (Please note that the invoice processing takes approximately 7 to 10 days to issue a check). The total pre-paid meter deposit shall not exceed $15,000, quarterly, without written approval from the contract administrator. These meter deposit invoices shall be processed on a Net 10 day basis. Mail Service Mail is to be picked up from the designated locations as described in the scope of work, consolidated, metered at the contractor Ós place of business while utilizing their mail sorting and metering equipment. The metered mail should be delivered to the local post office by the designated time of the last pick up, on the same day of pick up, to ensure same day service provided by U.S. Post Office. The contractor is required by the City to process mail at the lowest possible permissible rate available from the U.S. Postal Service and to keep the City informed of other possible savings available to the City. Price Escalation and De-escalation Prices quoted must be firm for a period of one year, from date of contract award. The City will implement an escalation/de-escalation price adjustment annually. Any request for price adjustment must be based on the U.S. Department of Labor, Bureau of Labor Statistics, Producer Price Index (PPI)* for Mailing Services (Market dominant services) (WPU30160107) and Courier and messenger services, except air (WPU30160201) (http://www.bls.gov/ppi/home/htm).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 percentage change in the manufacturerÓs price list. The price adjustment will be de termined 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 Ós, not 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 File # 6155 DocuSign Envelope ID: D94621E5-5352-4145-A936-56104982C039 EXHIBIT 3 available the manufacturers pricing sheet used to calculate the bid proposal, to participate in the escalation/de-escalation clause. Request must be submitted in writing with supporting evidence for need of such increase to the Purchasing Manager, at least 60 days prior to annual anniversary date of the contract award date. Contractor must also provide supporting documentation as justification for the request. Upon receipt of such request, the City of Denton reserved the right to either: accept the escalation as competitive with the general market price at the time, and become effective upon annual anniversary 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 pricing must be honored on orders dated up to the official date of the City of Denton approval and / or cancellation. File # 6155 DocuSign Envelope ID: D94621E5-5352-4145-A936-56104982C039 EXHIBIT 3 Exhibit C Standard Purchase Terms and Conditions These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings and other requirements included in the City of DentonÓs contract are applicable to 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 be in writing and signed by a representative of the CityÓs Procurement Department and the Supplier. No Terms and Conditions contained in the sellerÓs proposal response, invoice or statement shall serve to modify the terms set forth herein. If there is a conflict between the provisions on the face of the contract/purchase order these written provisions will take precedence. 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 principally at the CityÓs premises or on public rights-of-way. 1.CONTRACTORÓS OBLIGATIONS. The Contractor shall fully and timely provide all deliverables described in the Solicitation and in the ContractorÓs Offer in strict accordance with 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 and permanently marked as follows: (a) The Contractor's name and address, (b) the CityÓs name, address and purchase order or purchase release number and the price agreement number if applicable, (c) Container number and total number of containers, e.g. box 1 of 4 boxes, and (d) the number of the container bearing the packing list. The 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. 6.DELIVERY TERMS AND TRANSPORTATION CHARGES: Deliverables shall be File # 6155 DocuSign Envelope ID: D94621E5-5352-4145-A936-56104982C039 EXHIBIT 3 shipped F.O.B. point of delivery unless otherwise specified in the Supplemental Terms and Conditions. Unless otherwis e stated in the Offer, the ContractorÓs price shall be deemed to include all delivery and transportation charges. The City shall have the right to designate what method of transportation shall be used to ship the deliverables. The place of delivery shall be that set forth the purchase order. 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 has the right to inspect the ContractorÓs, or the ContractorÓs SubcontractorÓs, facilities, or the deliverables at the ContractorÓs, or the ContractorÓs SubcontractorÓs, premises, the Contractor 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 itself as to the nature of the CityÓs service requirements and specifications, the location and essential characteristics of the work sites, the quality and quantity of materials, equipment, labor and facilities necessary to perform the services, and any other condition or state of fact which could in any way affect performance of the ContractorÓs obligations under the contract. The 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 employees, City Staff, participants and others on or near the CityÓs 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 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 File # 6155 DocuSign Envelope ID: D94621E5-5352-4145-A936-56104982C039 EXHIBIT 3 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 Immigrant Responsibility Act of 1996 (ÐIIRIRA) enacted on September 30, 1996. 11.COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL REGULATIONS: The Cont ractor, itÓs Subcontractors, and their respective employees, shall comply fully with all applicable federal, state, and local health, safety, and environmental laws, ordinances, rules and regulations in the performance of the services, including but not limited to those promulgated by the City and by the Occupational Safety and Health Administration (OSHA). In case of conflict, the most stringent safety requirement shall govern. The 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 from the breach of the ContractorÓs 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 applicable, the DepartmentÓs Name, and the name of the point of contact for the Department. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading and the freight waybill, when applicable, shall be attached to the invoice. The ContractorÓs name, remittance address and, if applicable, the tax identification number on the invoice must exactly match the infor mation in the VendorÓs registration with the City. Unless otherwise instructed in writing, the City may rely on the remittance address specified on the ContractorÓs invoice. C. Invoices for labor shall include a copy of all time-sheets with trade labor rate and deliverables order number clearly identified. Invoices shall also include a tabulation of work-hours at the appropriate rates and grouped by work order number. Time billed for labor shall be limited to hours actually worked at the work site. D. Unless otherwise expressly authorized in the Contract, the 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. 13.PAYMENT: A. All proper invoices need to be sent to Accounts Payable. Approved invoices will be paid within thirty (30) calendar days of the CityÓs receipt of the deliverables or of the invoice being received File # 6155 DocuSign Envelope ID: D94621E5-5352-4145-A936-56104982C039 EXHIBIT 3 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; iv. damage to the property of the City or the CityÓs agents, employee s or contractors, which is not covered by insurance required to be provided by the Contractor; v. reasonable evidence that the ContractorÓs obligations will not be completed within the time specified in the Contract, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; vi. failure of the Contractor to submit proper invoices with purchase order number, with all required attachments and supporting documentation; or vii. failure of the Contractor to comply with any material provision of the Contract Documents. E. Notice is hereby given that any awarded 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 CityÓs payment obligations are payable only and solely from funds Appropriated and available f or 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. File # 6155 DocuSign Envelope ID: D94621E5-5352-4145-A936-56104982C039 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 terms of any warranty specified herein, (4) arising from the ContractorÓs continuing obligations under the Contract, including but not limited to indemnity and warranty obligations, or (5) arising under the CityÓs right to audi t; and ii. a waiver of 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 and shall constitute, in the CityÓs sole discretion, grounds for termination thereof. Each of the terms ÐbooksÑ, ÐrecordsÑ, ÐdocumentsÑ and Ðother evidenceÑ, as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. 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 provided in the ContractorÓs Plan. The Contractor shall not substitute any Subcontractor identified in the Plan, unless the substitute has been accepted by the City in writing. No acceptance by the City of any Subcontractor shall constitute a waiver of any rights or remedies of the City with respect to defective deliverables provided by a Subcontractor. If a Plan has been approved, the Contractor is additionally required to submit a monthly Subcontract File # 6155 DocuSign Envelope ID: D94621E5-5352-4145-A936-56104982C039 EXHIBIT 3 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 Î 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 Î 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 File # 6155 DocuSign Envelope ID: D94621E5-5352-4145-A936-56104982C039 EXHIBIT 3 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-conforming deliverables with fully conforming deliverables, at the CityÓs 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 give timely notice shall not impair the CityÓs rights under this section. 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 manufacturerÓs warranty, the Contractor shall transfer and assign such manufacturerÓs warranty to the City. If for any reason the manufacturerÓs warranty cannot be fully transferred to the City, the Contractor shall assist and cooperate with the City to the fullest extent to enforce such manufacturerÓs warranty for the benefit of the City. 22.WARRANTY Î 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 of the breach warranty, but failure to give timely notice shall not impair the CityÓs righ ts under 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 File # 6155 DocuSign Envelope ID: D94621E5-5352-4145-A936-56104982C039 EXHIBIT 3 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 all claims, costs, losses and damages attributable to the CityÓs evaluation of and determination to accept such defective or non-conforming deliverables. If any such acceptance occurs prior to final payment, the City may deduct such amounts as are necessary to compensate the City for the diminished value of the defective or non-conforming deliverables. If the acceptance occurs after final payment, such amount will be refunded to the City by the Contractor. 24.RIGHT TO ASSURANCE: Whenever one party to the Contract in good faith has reason to question the other partyÓs intent to perform, demand may be made to the other party for written assurance of the intent to perform. In the event that no assurance is given within the time specified after demand is made, the demanding party may treat this failure as an anticipatory repudiation of the Contract. 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 ContractorÓs Offer, or in any report or deliverable required to be submitted 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 ten (10) day period, cures such default, or provides evidence sufficient to prove to the CityÓs reasonable satisfaction that such default does not, in fact, exist. In addition to any other remedy available under law or in equity, the City shall be entitled to recover all actual damages, costs, losses and expenses, incurred by the City as a result of the ContractorÓs default, including, without limitation, cost of cover, reasonable attorneysÓ fees, court costs, and prejudgment and post- judgment interest at the maximum lawful rate. Additionally, in the event of a default by the Contractor, the City may remove the Contractor from the CityÓs vendor list for three (3) years and any Offer submitted by the Contractor may be disqualified for up to three (3) years. All rights and remedies under the Contract are cumulative and are not exclusive of any other right or remedy provided by law. 28.TERMINATION WITHOUT CAUSE: The City shall have the right to terminate the Contract, in whole or in part, without cause any t ime upon thirty (30) calendar daysÓ prior written notice. Upon receipt of a notice of termination, the Contractor shall promptly cease all further work pursuant to the Contract, with such exceptions, if any, specified in the notice of termination. The City shall pay the Contractor, to the extent of funds Appropriated or otherwise legally available File # 6155 DocuSign Envelope ID: D94621E5-5352-4145-A936-56104982C039 EXHIBIT 3 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 Co ntractor, the ContractorÓs 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 PERFORMANCE OF THE CONTRACTORÓS OBLIGATIONS UNDER THE CONTRACT. NOTHING HEREIN SHALL BE DEEMED TO LIMIT THE RIGHTS OF File # 6155 DocuSign Envelope ID: D94621E5-5352-4145-A936-56104982C039 EXHIBIT 3 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 provide Certificates of Insurance with the coverageÓs and endorsements required to the City as verification of coverage prior to contract execution and within fourteen (14) calendar days after written request from the City. Failure to provide the required Certificate of Insurance may subject the Offer to disqualification from consideration for award. The Contractor must also forward a Certificate of Insurance to 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. v. The ContractorÓs and all subcontractorsÓ insurance coverage shall be written by 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 will accept workersÓ compensation coverage written by the Texas WorkersÓ Compensati on Insurance Fund. vi. All endorsements naming the City as additional insured, waivers, and notices of cancellation endorsements as well as the Certificate of Insurance shall contain the solicitation number and the following information: City of Denton Materials Management Department 901B Texas Street Denton, Texas 76209 vii. The ÐotherÑ insurance clause shall not apply to the City where the City is an additional insured shown on any policy. It is intended that policies required in the Contract, covering both the City and the Contractor, shall be considered primary coverage as applicable. 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 File # 6155 DocuSign Envelope ID: D94621E5-5352-4145-A936-56104982C039 EXHIBIT 3 reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of the parties hereto or the underwriter on any such policies. x. The City reserves the right to review the insurance requirements set forth during the effective period of the Contract and to make reasonable adjustments to insurance coverage, limits, and exclusions when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, the claims history of the industry or financial condition of the insurance company as well as the Contractor. xi. The Contractor shall not cause any insurance to be canceled nor permit any insurance to lapse during the term of the Contract or as required in the Contract. xii. The Contractor shall be responsible for premiums, deductibles and self-insured retentions, if any, stated in policies. All deductibles or self-insured retentions shall be disclosed on the Certificate of Insurance. xiii. The Contractor shall endeavor to provide the City thirty (30) calendar daysÓ written notice of erosion of the aggregate limits below occurrence limits for all applicable coverageÓs indicated within the Contract. xiv. The insurance coverageÓs specified in within the solicitation and requirements are required minimums and are not intended to limit the responsibility or liability of the Contractor. B. Specific Coverage Requirements: Specific insurance requirements are contained in the solicitation instrument. 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 ContractorÓs ability to perform thereunder, the Contractor shall give written notice thereof to the City within ten (10) calendar days after receipt of notice by the Contractor. Such notice to the City shall state the date of notification of any such claim, demand, suit, or other action; the names and addresses of the claimant(s); the basis thereof; and the name of each person against whom such claim is being asserted. Such notice shall be delivered personally or by mail and shall be sent to the City and to the Denton City Attorney. Personal delivery to the City Attorney shall be to City Hall, 215 East McKinney Street, Denton, Texas 76201. 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. Notices to the Contractor shall be sent to the address specified in the ContractorÓs Offer, or at such other address as a party may notify the other in writing. Notices to the City shall be addressed to the City at 901B Texas Street, Denton, Texas 76209 and marked to the attention of the Purchasing Manager. 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. File # 6155 DocuSign Envelope ID: D94621E5-5352-4145-A936-56104982C039 EXHIBIT 3 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 and other professionals) arising out of or resulting from: (i) any claim that the CityÓs exercise anywhere in the world of the rights associated with the CityÓsÓ ownership, and if applicable, license rights, and its use of the deliverables infringes the intellectual property rights of any third party; or (ii) the ContractorÓs breach of any of ContractorÓs representations or warranties stated in this Contract. In the event of any such claim, the City shall have the right to monitor such claim or at its option engage its own separate counsel to act as co-counsel on the CityÓs behalf. Further, Contractor agrees that the CityÓs specifications regarding the deliverables shall in no way diminish ContractorÓs warranties or obligations under this paragraph and the City makes no warranty that the production, development, or delivery of such deliverables will not impact such warranties of Contractor. 37.CONFIDENTIALITY: In order to provide the deliverables to the City, Contractor may require access to certain of the CityÓs and/or its licensorsÓ confidential information (including inventions, employee information, trade secrets, confidential know-how, confidential business information, and other information which the City or its licensors consider confidential) (collectively, ÐConfidential InformationÑ). Contractor acknowledges and agrees that the Confidential Information is the valuable property of the City and/or its licensors and any unauthorized use, disclosure, dissemination, or other release of the Confidential Information will substantially injure the City and/or its licensors. The Contractor (including its employees, subcontractors, agents, or representatives) agrees that it will maintain the Confidential Information in strict confidence and shall not disclose, disseminate, copy, divulge, recreate, or otherwise use the Confidential Information without the prior written consent of the City or in a manner not expressly permitted under this Agreement, unless the Confidential Information is required to be disclosed by law or an order of any court or other governmental authority with proper jurisdiction, provided the Contractor promptly notifies the City before disclosing such information so as to permit the City reasonable time to seek an appropriate protective order. The Contractor agrees to use protective measures no less stringent than the 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 File # 6155 DocuSign Envelope ID: D94621E5-5352-4145-A936-56104982C039 EXHIBIT 3 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 Paragraph 38 sha ll negate the CityÓs sole or joint ownership of any such deliverables arising by virtue of the CityÓs sole or joint authorship of such deliverables. Should by operation of law, such deliverables not be considered works made-for-hire, the Contractor hereby assigns to the City (and agrees to cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver an assignment to the City of) all worldwide right, title, and interest in and to such deliverables. With respect to such work made- for-hire, the Contractor agrees to execute, acknowledge, and deliver and cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver a work- made-for-hire agreement, in a form to be reasonably approved by the City, to the City upon delivery of such deliverables to the City or at such other time as the City may request. C. Additional Assignments. The Contractor further agrees to, and if applicable, cause each of its employees to, execute, acknowledge, and deliver all applications, specifications, oaths, assignments, and all other instruments which the City might reasonably deem necessary in order to apply for and obtain copyright protection, mask work registration, trademark registration and/or protection, letters patent, or any similar rights in any and all countries and in order to assign and convey to the City, its successors, assigns and nominees, the sole and exclusive right, title, and interest in and to the deliverables. The ContractorÓs oblig ations to execute, acknowledge, and deliver (or cause to be executed, acknowledged, and delivered) instruments or papers such as those described in this Paragraph 38 a., b., and c. shall continue after the termination of this Contract with respect to such deliverables. In the event the City should not seek to obtain copyright protection, mask work registration or patent protection for any of the deliverables, but should desire to keep the same secret, the Contractor agrees to treat the same as Confidential Information under the terms of Paragraph 37 above. 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: The Contractor shall not advertise or publish, without the CityÓs prior 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 File # 6155 DocuSign Envelope ID: D94621E5-5352-4145-A936-56104982C039 EXHIBIT 3 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 Contract voidable by the City. The Contractor shall complete and submit the CityÓs Conflict of Interest Questionnaire. 44.INDEPENDENT CONTRACTOR: The Contract shall not be construed as creating an employer/employee relationship, a partnership, or a joint venture. The ContractorÓs services shall be those of an independent contractor. The Contractor agrees and understands that the Contract does not grant any rights or privileges established for employees of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, workerÓs compensation, or any other City employee benefit. The City shall not have supervision and control of the Contractor or any employee of the Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City 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 File # 6155 DocuSign Envelope ID: D94621E5-5352-4145-A936-56104982C039 EXHIBIT 3 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 Contrac tor will share the mediatorÓs fees equally and the parties will bear their own costs of participation such as fees for any consultants or attorneys they may utilize to represent them or otherwise assist them in the mediation. 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 File # 6155 DocuSign Envelope ID: D94621E5-5352-4145-A936-56104982C039 EXHIBIT 3 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: New Ye arÓs Day (observed) MLK Day Memorial Day 4th of July Labor Day Thanksgiving Day Day After Thanksgiving Christmas Eve (observed) Christmas Day (observed) New YearÓs 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 approved by 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: No Offeror, or OfferorÓs agent, shall engage in any discriminatory employment practice. No person shall, on the grounds of race, sex, age, disability, creed, color, genetic testing, or national origin, be refused the benefits of, or be otherwise subjected to discrimination under any activities resulting from this RFQ. B. Americans with Disabilities Act (ADA) Compliance: No Offeror, or OfferorÓs agent, shall 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 Î File # 6155 DocuSign Envelope ID: D94621E5-5352-4145-A936-56104982C039 EXHIBIT 3 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. 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 File # 6155 DocuSign Envelope ID: D94621E5-5352-4145-A936-56104982C039 EXHIBIT 3 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 ndard WorkersÓ Compensation insurance coverage. Respondent shall ensure 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 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 ilure, or waiver of either PartyÓs exercise or partial exercise of any right or remedy under the Contract shall operate to limit, impair, preclude, cancel, waive or otherwise affect such right or remedy. A waiver by a Party of any breach of any term of the Contract will not be construed as a waiver of any continuing or succeeding breach. File # 6155 DocuSign Envelope ID: D94621E5-5352-4145-A936-56104982C039 EXHIBIT 3 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. CityÓs standard terms and conditions 4. Purchase order 5. Supplier terms and conditions File # 6155 DocuSign Envelope ID: D94621E5-5352-4145-A936-56104982C039 EXHIBIT 3 Exhibit D INSURANCE REQUIREMENTS AND WORKERSÓ 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. Provide a Waiver of Subrogation in favor of the City of Denton, its officials, agents, employees, and volunteers. Cancellation: City requires 30 day written notice should any of the policies described on the certificate be cancelled or materially changed before the expiration date. File # 6155 DocuSign Envelope ID: D94621E5-5352-4145-A936-56104982C039 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. File # 6155 DocuSign Envelope ID: D94621E5-5352-4145-A936-56104982C039 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 Ó Compensation Insurance Contractor shall purchase and maintain Workers Ó 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 Ó 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 on an Ðoccurrence" basis and the policy shall be issued by the same insurance 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. File # 6155 DocuSign Envelope ID: D94621E5-5352-4145-A936-56104982C039 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 The Contractor shall provide coverage for RiggerÓs Liability. Said coverage may be provided by a RiggerÓs Liability endorsement on the existing CGL coverage; through and Installation Floater covering rigging contractors; or through ISO form IH 00 91 12 11, RiggerÓs Liability Coverage form. 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 portion of this coverage should be written on a ÐblanketÑ basis to cover all em 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. File # 6155 DocuSign Envelope ID: D94621E5-5352-4145-A936-56104982C039 EXHIBIT 3 ATTACHMENT 1 \[X\] WorkersÓ Compensation Coverage for Building or Construction Projects for 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. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: File # 6155 DocuSign Envelope ID: D94621E5-5352-4145-A936-56104982C039 EXHIBIT 3 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: a. a certificate of coverage, prior to the other person beginning work on the project; and File # 6155 DocuSign Envelope ID: D94621E5-5352-4145-A936-56104982C039 EXHIBIT 3 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 e contractorÓs failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. File # 6155 DocuSign Envelope ID: D94621E5-5352-4145-A936-56104982C039 EXHIBIT E EXHIBIT 3 EXHIBIT 3 DocuSign Envelope ID: D94621E5-5352-4145-A936-56104982C039 EXHIBIT 3 Certificate Of Completion Envelope Id: D94621E553524145A93656104982C039Status: Sent Subject: City Council Docusign Item - 6155 Source Envelope: Document Pages: 33Signatures: 2Envelope Originator: Certificate Pages: 6Initials: 0Robyn Forsyth AutoNav: Enabledrobyn.forsyth@cityofdenton.com EnvelopeId Stamping: EnabledIP Address: 129.120.6.150 Time Zone: (UTC-08:00) Pacific Time (US & Canada) Record Tracking Status: OriginalHolder: Robyn ForsythLocation: DocuSign 8/3/2016 1:36:32 PM robyn.forsyth@cityofdenton.com Signer EventsSignatureTimestamp Robyn ForsythSent: 8/3/2016 2:06:04 PM Completed robyn.forsyth@cityofdenton.comViewed: 8/3/2016 2:06:17 PM BuyerSigned: 8/3/2016 2:06:33 PM 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: James EliotSent: 8/3/2016 2:06:35 PM james@eaglewheeler.comViewed: 8/3/2016 3:30:31 PM Security Level: Email, Account Authentication Signed: 8/3/2016 3:40:22 PM (Optional) Using IP Address: 24.240.255.6 Electronic Record and Signature Disclosure: Accepted: 8/3/2016 3:30:31 PM ID: 3e4a11f7-d8b3-47d8-a13d-48a56eb87567 John KnightSent: 8/3/2016 3:40:25 PM john.knight@cityofdenton.comViewed: 8/4/2016 9:15:56 AM Deputy City AttorneySigned: 8/4/2016 9:16:06 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: 8/4/2016 9:16:08 AM julia.winkley@cityofdenton.comViewed: 8/4/2016 10:09:22 AM Contracts Administration Supervisor City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Howard Martin howard.martin@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: StatusTimestamp StatusTimestamp StatusTimestamp StatusTimestamp Julia WinkleySent: 8/3/2016 3:40:24 PM julia.winkley@cityofdenton.comViewed: 8/4/2016 5:36:10 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: 8/3/2016 3:40:24 PM sherri.thurman@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: 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 Jennifer Bridges jennifer.bridges@cityofdenton.com Security Level: Email, Account Authentication (Optional) EXHIBIT 3 StatusTimestamp 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: Laura Hermosilo Laura.Hermosillo@cityofdenton.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Karin Marsh karin.marsh@eglewheeler.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Timestamp StatusTimestamps Envelope SentHashed/Encrypted8/4/2016 9:16:08 AM 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. Described below are the terms and conditions for providing to you such notices and disclosures electronically through your DocuSign, Inc. (DocuSign) Express user account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign Express user account to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. EXHIBIT 3 How to contact City of Denton: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: kevin.gunn@cityofdenton.com To advise City of Denton of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at kevin.gunn@cityofdenton.com and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address.. In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in DocuSign. To request paper copies from City of Denton To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an e-mail to kevin.gunn@cityofdenton.com and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any. 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McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-1042,Version:1 AGENDA INFORMATION SHEET DEPARTMENT:Materials Management ACM:Bryan Langley AGENDA DATE:August 16, 2016 SUBJECT ConsideradoptionofanordinanceacceptingcompetitiveproposalsandawardingacontractforElectricUtility OutdoorMetalEnclosedSwitchgearfortheCityofDenton;providingfortheexpenditureoffundstherefor; andprovidinganeffectivedate(RFP6170-awardedtoAnixterPowerSolutionsinathree(3)yearnot-to- exceed amount of $550,000). RFP INFORMATION ThisRFPistoprovidenew,completelyassembledandtested,outdoormetalenclosedswitchgearfor substations.OutsideMetal-EnclosedSwitchgear(OMSWG)areinstalledwithinelectricalsubstationsto facilitateswitchingelectricdistributioncircuitsfromacentrallocationwithinasubstation.Thecentral substationlocationallowsmorethanonesubstationtransformertobeutilizedtoenhancecircuitreliabilityfor theDentonMunicipalElectric’s(DME)customers.TheOMSWGsubstationswitchgearconsistsofa weatherproofhousingcontainingfourseparatecubiclesthatareboltedtogether.Acommon1200Amp electricalcopperbusrunsthroughallfourcubiclesoftheenclosure.Eachcubiclehasanindividualdistribution manuallyoperatedswitchthatcanbeusedtoeithertieorisolatedifferentsubstationswitchgearbuilding tiebreakerstothecommon1200Ampbus.Accesstotheinterioroftheenclosureisprovidedbyseparatedoors into each cubicle. Inthecaseofacatastrophicsubstationpowertransformerfailureduetoanelectricalfaultorshort-circuit,our customershavethepotentialofbeingoutofelectricpowerforanextendedperiodoftimeuntilspecific distributionswitchingarrangementscanbedeterminedtoclearthefaultedsectionofthecircuit.Inorderto resolveandimprovethisoutagecontingencycondition,theOMSWGwillenableimprovedswitchingflexibility forDME.DMEwillbeabletoswitchthecircuitsfromacentrallocationthatservestheaffectedDME customerssothatpowercanbequicklyrestoredfromanalternatepowersource,shouldasubstationpower transformerfail.ThisOMSWGwillnotonlyprovideanalternatesourceofpowerforourcustomers,butwill alsoassistwithroutineplannedoutagestomoreefficientlymaintainsubstationequipmentandtheelectrical system.TheseitemsarecarriedintheDistributionCenterworkingcapitalinventoryandthereforetakenonlyto City Council for consideration. RequestsforProposalsweresentto304prospectivesuppliers.Inaddition,specificationswereplacedonthe MaterialsManagementwebsiteforprospectivesupplierstodownloadandadvertisedinthelocalnewspaper. Three(3)proposalsmeetingspecificationswerereceived.Theproposalswereevaluatedbaseduponpublished City of DentonPage 1 of 3Printed on 8/12/2016 powered by Legistar© File #:ID 16-1042,Version:1 criteriaincludingprice,deliverytimeframe,compliancewithspecifications,andindicatorsofprobable performance.AnixterPowerSolutionswasrankedthehighestanddeterminedtobethebestvaluefortheCity of Denton (Exhibit 1). AnixterisanauthorizeddistributorofS&Cswitchgear.S&CElectricCompanyisaleaderinproviding switchingequipmentfortheelectricutilityindustry.DMEhaspreviouslypurchasedotherdifferent configurationsofstandarddistributiontypesofswitchgearfromS&CsuchasSCADAMATEswitches,PME switchgears,andVistaswitchgearsforspecificapplications.ThequalityoftheS&CequipmentthatDMEhas andpresentlyusesisexcellent.S&Chasaconsistentandsolidon-timedeliveryresponsethathashistorically met their quoted delivery schedules. RECOMMENDATION AwardtoAnixterPowerSolutionsinthethree(3)yearnot-to-exceedamountof$550,000.Thisamount includes a contingency for upcoming substation construction projects. PRINCIPAL PLACE OF BUSINESS Anixter Power Solutions Corinth, TX ESTIMATED SCHEDULE OF PROJECT Thisisaninitialone(1)yearcontractwithoptionstoextendthecontractfortwo(2)additionalone(1)year periods, with all terms and conditions remaining the same. FISCAL INFORMATION TheitemsinthisRFPwillbefundedoutoftheDistributionCenterworkingcapitalaccountandchargedback to the using department. 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:Public Infrastructure Related Goal:2.3 Promote superior utility services and facilities EXHIBITS Exhibit 1: Evaluation/Ranking sheet Exhibit 2: Ordinance Exhibit 3: Contract City of DentonPage 2 of 3Printed on 8/12/2016 powered by Legistar© File #:ID 16-1042,Version:1 Respectfully submitted: Chuck Springer, 349-8260 Director of Finance For information concerning this acquisition, contact: Chris Lutrick at 349-7152. City of DentonPage 3 of 3Printed on 8/12/2016 powered by Legistar© EXHIBIT 2 ORDINANCE NO. 2016-______ AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A CONTRACT FOR ELECTRIC UTILITY OUTDOOR METAL ENCLOSED SWITCHGEAR FOR THE CITY OF DENTON; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 6170-AWARDED TO ANIXTER POWER SOLUTIONS IN A THREE (3) YEAR NOT-TO-EXCEED AMOUNT OF $550,000). WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for the supply of outdoor metal enclosed switchgear in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and reviewed and recommended that the herein described proposals are the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The items in the following numbered request for proposal for materials, equipment, supplies or services, shown in thfor 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 6170 Anixter Power Solutions $550,000 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 6170 to 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: _________________________________ EXHIBIT 3 CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND ANIXTER POWER SOLUTIONS (CONTRACT 6170) THIS CONTRACT is made and entered into this date _______________________, by and between Anixter Power Solutions a corporation, whose address is 2800 Quail Run Dr., Corinth, TX 76208, hereinafter referred to as "Supplier," 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 in accordance with the RFP # 6170 S & C Metal Enclosed Switchgear, a copy of which is on file at the office of Purchasing Agent and incorporated herein for all purposes. The Contract consists of this written agreement and the following items which are attached hereto, or on file, and incorporated herein by reference: (a) Special Terms and Conditions; (b) City of 6170 (Exhibit on file at the office of the Purchasing Agent); (c) City of Denton Standard Terms and Conditions C; (d) Certificate of Interested Parties Electronic Filing (e) (Exhibit "E"); These documents make up the Contract documents and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence first to the written agreement then to the contract documents in the order in which Contract 6170 DocuSign Envelope ID: AA20420D-A4EA-4941-B754-27ABC008AAB8 EXHIBIT 3 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. SUPPLIER BY: AUTHORIZED SIGNATURE Date: Name: Title: PHONE NUMBER EMAIL ___________________________________ TEXAS ETHICS COMMISSION CERTIFICATE NUMBER CITY OF DENTON, TEXAS ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _____________________________ HOWARD MARTIN INTERIM CITY MANAGER BY: __________________________________ Date:________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _______________________________ Contract 6170 DocuSign Envelope ID: AA20420D-A4EA-4941-B754-27ABC008AAB8 EXHIBIT 3 Exhibit A Special Terms and Conditions 1. The Quantities The quantities indicated on Exhibit E are estimates based upon the best available information. The City reserves the right to increase or decrease the quantities to meet its actual needs without any adjustments in the bid price. Individual purchase orders will be issued on an as needed basis. 2. Product Changes During Contract Term The supplier shall not change specifications during the contract term without prior approval. Any deviation in the specifications or change in the product must be approved in advance by the City of Denton. Notice of a change shall be submitted in writing to dentonpurchasing@cityofdenton.com, with the above file number in the subject line, for review. Products found to have changed specifications without notification, and acceptance, will be 3. Authorized Distributor The supplier shall be the manufacturer or authorized distributor of the proposed products. The distributor shall be authorized to sell to the City of Denton, and make available the 4. 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. 5. Price Escalation and De-escalation Prices must be firm for a period of one year from date of contract award. Any request for price adjustment must be based on the, U.S Department of Labor, Bureau of Labor Statistics, Producer Price Index (PPI) for other Switchgear and switchboard apparatus manufacturing (PCU335313335313). The price will be increased or decreased based upon the annual percentage change in the PPI. The maximum escalation will not exceed +/-8% for any individual year. The escalation will be determined annually at the renewal date. Should the PPI change exceed a minimum threshold value of +/-1%, then the stated eligible bid prices shall be adjusted in accordance with the PPI change not to exceed the 8% limit per year. The supplier should provide documentation as percentage of each cost associated 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. Respondent must also provide supporting documentation as justification for the request. Contract 6170 DocuSign Envelope ID: AA20420D-A4EA-4941-B754-27ABC008AAB8 EXHIBIT 3 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 6. Total Contract Amount The contract total shall not exceed $550,000. Pricing shall be per Exhibit E attached. 7. Delivery Lead Time Product or services shall be delivered to the City per the days/weeks noted in Exhibit E after receipt of the order. Contract 6170 DocuSign Envelope ID: AA20420D-A4EA-4941-B754-27ABC008AAB8 EXHIBIT 3 Exhibit C City of Denton 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 6170 DocuSign Envelope ID: AA20420D-A4EA-4941-B754-27ABC008AAB8 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 the job. Contract 6170 DocuSign Envelope ID: AA20420D-A4EA-4941-B754-27ABC008AAB8 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 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. 13.PAYMENT: Contract 6170 DocuSign Envelope ID: AA20420D-A4EA-4941-B754-27ABC008AAB8 EXHIBIT 3 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; s 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 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 whall not be reimbursed, unless otherwise Contract 6170 DocuSign Envelope ID: AA20420D-A4EA-4941-B754-27ABC008AAB8 EXHIBIT 3 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 the t obligations under the Contract, including but not limited to indemnity and warranty obligations, ims 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 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 Contract 6170 DocuSign Envelope ID: AA20420D-A4EA-4941-B754-27ABC008AAB8 EXHIBIT 3 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 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 Contract 6170 DocuSign Envelope ID: AA20420D-A4EA-4941-B754-27ABC008AAB8 EXHIBIT 3 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 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 of the breach warranty, but failure to give timely notice shall not impair the 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 Contract 6170 DocuSign Envelope ID: AA20420D-A4EA-4941-B754-27ABC008AAB8 EXHIBIT 3 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 all cla 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 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, efault, including, post-judgment interest at the maximum lawful rate. Additionally, in the event of a default by the Contractor, the City may remove the Contrac and any Offer submitted by the Contractor may be disqualified for up to three (3) years. All rights and remedies under the Contract are cumulative and are not exclusive of any other right or remedy provided by law. 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 Contract 6170 DocuSign Envelope ID: AA20420D-A4EA-4941-B754-27ABC008AAB8 EXHIBIT 3 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. 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 6170 DocuSign Envelope ID: AA20420D-A4EA-4941-B754-27ABC008AAB8 EXHIBIT 3 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 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 Denton, Texas 76209 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 Contract 6170 DocuSign Envelope ID: AA20420D-A4EA-4941-B754-27ABC008AAB8 EXHIBIT 3 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 t notice of erosion of the aggregate limits below occurrence limits for all applicable irements 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 he 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. 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 Contract 6170 DocuSign Envelope ID: AA20420D-A4EA-4941-B754-27ABC008AAB8 EXHIBIT 3 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 and other professionals) arising out of or resulting from: (i) any claim tha 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- 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) the Confidential Information is the valuable property of the City and/or its licensors and any unauthorized use, disclosure, dissemination, or other release of the Confidential Information will substantially injure the City and/or its licensors. The Contractor (including its employees, subcontractors, agents, or representatives) agrees that it will maintain the Confidential Information in strict confidence and shall not disclose, disseminate, copy, divulge, recreate, or otherwise use the Confidential Information without the prior written consent of the City or in a manner not expressly permitted under this Agreement, unless the Confidential Information is required to be disclosed by law or an order of any court or other governmental authority with proper jurisdiction, provided the Contractor promptly notifies the City before disclosing such information so as to permit the City reasonable time to seek an appropriate protective order. The Contractor agrees to use protective measures no less stringent than the 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 Contract 6170 DocuSign Envelope ID: AA20420D-A4EA-4941-B754-27ABC008AAB8 EXHIBIT 3 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, 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, 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 prior 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 Contract 6170 DocuSign Envelope ID: AA20420D-A4EA-4941-B754-27ABC008AAB8 EXHIBIT 3 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 of 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, nsation, or any other City employee benefit. The City shall not have supervision and control of the Contractor or any employee of the Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City 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 6170 DocuSign Envelope ID: AA20420D-A4EA-4941-B754-27ABC008AAB8 EXHIBIT 3 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 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 Contract 6170 DocuSign Envelope ID: AA20420D-A4EA-4941-B754-27ABC008AAB8 EXHIBIT 3 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) 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. Contract 6170 DocuSign Envelope ID: AA20420D-A4EA-4941-B754-27ABC008AAB8 EXHIBIT 3 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. 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). Contract 6170 DocuSign Envelope ID: AA20420D-A4EA-4941-B754-27ABC008AAB8 EXHIBIT 3 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 of 1978, dealing with issuance of Form W-2's to common law employees. Respondent is responsible for both federal and State unemployment insurance ion insurance coverage. Respondent shall ensure 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 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 Contract 6170 DocuSign Envelope ID: AA20420D-A4EA-4941-B754-27ABC008AAB8 EXHIBIT 3 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. 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 6170 DocuSign Envelope ID: AA20420D-A4EA-4941-B754-27ABC008AAB8 EXHIBIT 3 Exhibit D 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 6170 DocuSign Envelope ID: AA20420D-A4EA-4941-B754-27ABC008AAB8 EXHIBIT 3 Contract 6170 Exhibit E DocuSign Envelope ID: AA20420D-A4EA-4941-B754-27ABC008AAB8 EXHIBIT 3 Contract 6170 Exhibit E RFP 6170 - Pricing Sheet for SUPPLY OF ELECTRIC UTILITY OUTDOOR METAL ENCLOSED SWITCHGEAR Respondent's Business Name:Anixter, Inc Principal Place of Business (City and State)Corinth, TX Estimated EST. 3 YR Product Description UOMUnit PriceDelivery ARO Item # QTY (weeks) S & C Metal Enclosed Switchgear - Outdoor Style - 4 Bay Assembly, rated 13.8kV nominal, 95kV BIL, 1200A Main Bus, 15EA 14 $ 106,850.00 910 MVA Short Circuit. Refer to technical specifications for bay requirements. ( S & C BRAND ONLY) DocuSign Envelope ID: AA20420D-A4EA-4941-B754-27ABC008AAB8 EXHIBIT 3 Contract 6170 Exhibit E DocuSign Envelope ID: AA20420D-A4EA-4941-B754-27ABC008AAB8 EXHIBIT 3 Contract 6170 Exhibit E DocuSign Envelope ID: AA20420D-A4EA-4941-B754-27ABC008AAB8 EXHIBIT 3 Contract 6170 Exhibit E XXXXXXXXXXXX DocuSign Envelope ID: AA20420D-A4EA-4941-B754-27ABC008AAB8 EXHIBIT 3 Contract 6170 Exhibit E DocuSign Envelope ID: AA20420D-A4EA-4941-B754-27ABC008AAB8 EXHIBIT 3 Contract 6170 Exhibit E DocuSign Envelope ID: AA20420D-A4EA-4941-B754-27ABC008AAB8 EXHIBIT 3 Contract 6170 Exhibit E DocuSign Envelope ID: AA20420D-A4EA-4941-B754-27ABC008AAB8 EXHIBIT 3 Contract 6170 Exhibit E XXXXXXXXXXXX DocuSign Envelope ID: AA20420D-A4EA-4941-B754-27ABC008AAB8 EXHIBIT 3 Contract 6170 Exhibit E XXXXXXXXXXXX DocuSign Envelope ID: AA20420D-A4EA-4941-B754-27ABC008AAB8 EXHIBIT 3 Contract 6170 Exhibit E XXXXXXXXXXXX DocuSign Envelope ID: AA20420D-A4EA-4941-B754-27ABC008AAB8 EXHIBIT 3 Contract 6170 Exhibit E DocuSign Envelope ID: AA20420D-A4EA-4941-B754-27ABC008AAB8 EXHIBIT 3 Contract 6170 Exhibit E XXXXXXXXXXX EXHIBIT 3 Certificate Of Completion Envelope Id: AA20420DA4EA4941B75427ABC008AAB8Status: Sent Subject: City Council Docusign Item - 6170 Source Envelope: Document Pages: 38Signatures: 2Envelope 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 8/1/2016 10:30:19 AM karen.smith@cityofdenton.com Signer EventsSignatureTimestamp Karen E. SmithSent: 8/1/2016 10:34:05 AM Completed karen.smith@cityofdenton.comViewed: 8/1/2016 10:34:16 AM Assistant Purchasing ManagerSigned: 8/1/2016 10:34:45 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: Scott PriceSent: 8/1/2016 10:34:46 AM david.price@anixter.comViewed: 8/1/2016 10:54:15 AM Insdie Sales Mgr. North & South TexasSigned: 8/1/2016 3:34:52 PM Scott Price Using IP Address: 149.128.42.1 Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Accepted: 3/8/2016 9:26:58 PM ID: c02877a4-a681-409d-a2c8-60277bf614c7 John KnightSent: 8/1/2016 3:34:55 PM john.knight@cityofdenton.comViewed: 8/1/2016 3:52:35 PM Deputy City AttorneySigned: 8/1/2016 3:53:16 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: 8/1/2016 3:53:18 PM julia.winkley@cityofdenton.comViewed: 8/1/2016 3:55:15 PM Contracts Administration Supervisor City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Howard Martin howard.martin@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: 8/1/2016 3:34:53 PM julia.winkley@cityofdenton.comViewed: 8/1/2016 3:39:36 PM Contracts Administration Supervisor City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Sherri ThurmanSent: 8/1/2016 3:34:54 PM sherri.thurman@cityofdenton.comViewed: 8/1/2016 3:41:57 PM 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: 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 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: Jane Richardson jane.richardson@cityofdenton.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Laura Hermosillo laura.hermosilla@cityofdenton.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: laura cheek laura.cheek@cityofdenton.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Accepted: 2/2/2016 1:20:50 PM ID: d579a165-212b-468c-86ab-6e6bd30611a3 Notary EventsTimestamp Envelope Summary EventsStatusTimestamps Envelope SentHashed/Encrypted8/1/2016 3:53:18 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 16-1043,Version:1 Agenda Information Sheet DEPARTMENT:Engineering Services ACM:Jon Fortune Date:August 16, 2016 SUBJECT Consideradoptionofanordinancereleasing,abandoningandvacatinga0.08acreportionofa0.4138acre publicutilitieseasementrecordedinVolume2637,Page12,RealPropertyRecords,DentonCounty,Texas, andlocatedintheB.B.B.&C.R.R.Survey,AbstractNo.141;anddeclaringaneffectivedate.\[Abandonment ofaportionofpublicutilityeasementtoallowforlotdevelopment:WorthingtonStreet\]ThePublicUtilities Board recommends approval (6-0). BACKGROUND Thepropertyowner,WestgateProperties,L.P.,requeststheCitytothepartiallyabandonandvacateaportion ofa0.4138acrepublicutilityeasementtoremovetheeasementencumbrancesonLot3,BlockAinthe MedicalCenterAddition.ThesubjecteasementwasconveyedtotheCityin1989,toaddressthepublicutility requirementsoftheMedicalCenterAddition.Sincethen,withtheprogressionandre-designoftheoverall property,thepublicutilityimprovementswithinsaideasementhavebeenremovedandrelocated.Thesubject public utility easement has created an encumbrance on said Lot 3, Block A of the Medical Center Addition. ThesubjectabandonmentrequestwasreviewedbyTheDevelopmentReviewCommittee,andstaff recommends the approval. Staff performs an analysis on the request for abandonments as follows: Is the easement tract requested for abandonment considered “excess easement”? Does the easement tract requested for abandonment have a continued public use? Isitthebestinterestsofthegeneralpublictoabandonthegovernment’srightsinthesubject abandonment tract? Would the granting of this request establish a precedent for future abandonment requests? Staff findings on this analysis are as follows: 1.Therequestedeasementabandonmenttractsfitthecriteriaof“excesseasement.”Excesseasementis definedas:PropertyrightsacquiredorusedbytheCityforeasementsubsequentlydeclaredexcess(not neededforanypublicproject,thecontinuationofoperationandmaintenanceofpublicfacilities,and/orno foreseeable utility application in the future). 2.The easement abandonment tract is not slated for utilization for any future public utilities. 3.Theeasementabandonmentisinthepublic’sbestinterests,becausetheareaforthesubject City of DentonPage 1 of 2Printed on 8/12/2016 powered by Legistar© File #:ID 16-1043,Version:1 abandonmentisnolongerneededbythepublicandtheareaencumberedisfreedupforotheruses,inthe case at hand, redevelopment. 4.This abandonment will not set a precedent, because the above three standards have been met. OPTIONS 1.Recommend approval. 2. Do not recommend approval. RECOMMENDATION Staff recommends approval of the ordinance. ESTIMATED SCHEDULE OF PROJECT Fall of2016. PRIOR ACTION/REVIEW (Council, Boards, Commissions) July 15, 2016 - Development Review Committee recommends approval August 8, 2016 - Public Utilities Board recommends approval 6-0 STRATEGIC PLAN RELATIONSHIP The City of Denton’s Strategic Plan is an action-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: 3.4 Encourage development, redevelopment, recruitment, and retention EXHIBITS 1Location Map 2Site Map 3Ordinance Respectfully submitted: John T. Davis, PE Director of Engineering Services Prepared by: Mark A. Laird Right-of-Way Agent Real Estate and Capital Support City of DentonPage 2 of 2Printed on 8/12/2016 powered by Legistar© LOCATION MAP Abandonment Area CORDELL THIRD Downtown Denton CONGRESS MAPLE FANNIN Medical Center Addition Partial Easement Abandonment Request µ 2,0001,00002,0004,0006,000 Exhibit 1 to the AIS Feet SITE MAP Abandonment Area Medical Center Addition Partial Easement Abandonment Request µ 160800160320480 Exhibit 2 to the AIS Feet City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-1044,Version:1 Agenda Information Sheet DEPARTMENT:Engineering Services ACM:Jon Fortune Date:August 16, 2016 SUBJECT Consideradoptionofanordinancereleasing,abandoningandvacatinga0.103acreportionofa0.187acre publicutilitieseasementrecordedinVolume923,Page431,DeedRecords,DentonCounty,Texas,andlocated intheA.HillSurvey,AbstractNo.623;anddeclaringaneffectivedate.\[Abandonmentofaportionofpublic utilityeasementtoallowforlotdevelopment:DMELocustStreetSubstation\]ThePublicUtilitiesBoard recommends approval (6-0). BACKGROUND DentonMunicipalElectricisdevelopingatractoflandlocatedatthesouthwestcornerofCollinsStreetand SouthLocustStreetknownastheLocustSubstationAddition.Thislocationisslatedfortheconstructionofa newelectricsubstationfacilitytoaidthecity-widepowergrid.Inordertoconstructthenewsubstation,Denton MunicipalElectrichasmadeaformalrequesttopartiallyabandonaneasementonthesubjecttract.The easementwasdedicatedtotheCityofDentonin1978toaccommodatepublicutilitiesinthearea.Withthe plannedconstructionofthesubstation,theutilityextensionsarenolongernecessaryandwillbetakenoutof servicewithintheeasementabandonmentarea.TheDevelopmentReviewCommitteehasreviewedand approvedtheconstructionplanstoaddresstheremovalandconstructionofthepublicutilities.Thesubject easementisanencumbrancetotheplannedsubstation.ThepartialeasementabandonmentwillallowDenton Municipal Electric to utilize the entire substation tract, unencumbered. ThesubjectabandonmentrequestwasreviewedbyTheDevelopmentReviewCommittee,andstaff recommends the approval. Staff performs an analysis on the request for abandonments as follows: Is the easement tract requested for abandonment considered “excess easement”? Does the easement tract requested for abandonment have a continued public use? Isitthebestinterestsofthegeneralpublictoabandonthegovernment’srightsinthesubject abandonment tract? Would the granting of this request establish a precedent for future abandonment requests? Staff findings on this analysis are as follows: City of DentonPage 1 of 2Printed on 8/12/2016 powered by Legistar© File #:ID 16-1044,Version:1 1.Therequestedeasementabandonmenttractsfitthecriteriaof“excesseasement.”Excesseasementis definedas:PropertyrightsacquiredorusedbytheCityforeasementsubsequentlydeclaredexcess(not neededforanypublicproject,thecontinuationofoperationandmaintenanceofpublicfacilities,and/orno foreseeable utility application in the future). 2.The easement abandonment tract is not slated for utilization for any future public utilities. 3.Theeasementabandonmentisinthepublic’sbestinterests,becausetheareaforthesubject abandonment is no longer needed by the general public and the area encumbered is freed up for other uses. 4.This abandonment will not set a precedent, because the above three standards have been met. OPTIONS 1.Recommend approval. 2.Do not recommend approval. RECOMMENDATION Staff recommends approval of the ordinance. ESTIMATED SCHEDULE OF PROJECT Fall of2016. PRIOR ACTION/REVIEW (Council, Boards, Commissions) July 15, 2016 - Development Review Committee recommends approval August 8, 2016 - Public Utilities Board recommends approval 6-0 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:Public Infrastructure Related Goal: 3.4 Encourage development, redevelopment, recruitment, and retention EXHIBITS 1Location Map 2Site Map 3Ordinance Respectfully submitted: John T. Davis, PE Director of Engineering Services Prepared by: Mark A. Laird Right-of-Way Agent City of DentonPage 2 of 2Printed on 8/12/2016 powered by Legistar© LOCATION MAP HICKORY WALNUT Downtown Denton SYCAMORE PRAIRIE Abandonment Area PARK BOARDWALK CHAMBERS Locust Substation Addition Partial Easement Abandonment Request µ 675337.506751,3502,025 Exhibit 1 to the AIS Feet SITE MAP LOCUST SUBSTATION ADDITION Abandonment Area Locust Substation Addition Partial Easement Abandonment Request µ 160800160320480 Exhibit 2 to the AIS Feet City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-1053,Version:1 Agenda Information Sheet DEPARTMENT:Denton Municipal Electric CM/ ACM:Howard Martin Date:August 16, 2016 SUBJECT Considerapprovalofaresolutionregardingtheproposedsiteforconstruction,expansion,anduseofanelectric powertransmission/distributionsubstationlocatedinthesouthwestareaoftheCityofDenton,northofFarmto MarketRoad2449,eastofJohnPaineRoad,southofSpringdaleDrive(onHickoryCreek),westofInterstate 35W;intheCityofDenton,Texas;aspartofDentonMunicipalElectric’sserviceterritory.(Underwood Substation) BACKGROUND DentonMunicipalElectric(DME)hasidentifiedseveralprojectsthatarecriticaltomaintainingreliabilityand allowingDentontocontinuetogrow.ReconstructionoftheUnderwoodSubstationisoneprojectthatis necessary.Theneedforasubstationinthevicinityoftheabovedescribedarea(EX1),intheCityofDenton, Texas, has been identified and shared with closely impacted landowner representatives. ThisnewUnderwoodsubstationisneededtoprovideloadservingcapabilityinthewestandsouthwestareasof DME’sserviceterritory.DMEhassinglycertifiedareasonbothsidesofI-35WgenerallysouthofFM1515 (AirportRoad)andnorthofCrawfordRoadwhereitisobligatedtoprovideelectricservice.Thereisnot adequatesubstationcapacityintheareatoprovidethelevelofreliableservicetothisareathatistypicalin otherareasofDME’ssystem.Forexample,oneresidentialareacanreceivepowerfromonlyonestationatthis time.Anothersubstationisrequiredtoresolvethisissueandprovideanalternatepowersupplysource. Further,asinterestincommercialareassouthofAirportRoadcontinuestogrow,anothersubstationinthearea would allow more options for service and for recovery in the event of outages. Stateandfederallawsmandatespecificandwelldefinedperformancerequirementsforutilitysystems.DME mustcomplywiththeserequirementsnotonlytoensureregulatorycompliance,butmoreimportantly,to maintain the best reliability of electric service to our customers. DMEhashadanOpenHouseandmeetingstodiscussthesitingoftheproposedsubstationandtransmission routes with the landowner representatives of the potential site area and has received feedback from them. OPTIONS 1.Approve adoption of the resolution. 2.Do not approve resolution. City of DentonPage 1 of 2Printed on 8/12/2016 powered by Legistar© File #:ID 16-1053,Version:1 RECOMMENDATION Based upon information received during Open House meetings and discussions with land owners, preliminary site studies, DME recommends that the Green Substation Site Option (EX 2) be selected in accordance with the Public Utilities Board Public Hearing determination on July 25, 2016 and the City Council Public Hearing on August 2, 2016. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Options were presented in closed session to PUB on June 13, 2016 and City Council on June 21, 2016. The Public Utilities Board held a Public Hearing on July 25, 2016 and recommending moving forward to City Council with the Green Substation Site Option. The City Council held a Public Hearing on August 2, 2016 and approved the Green Substation Site Option. 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: Public Infrastructure Related Goal: 2.3 Promote superior utility services and facilities EXHIBITS 1.Underwood Location Map 2.Proposed Substation Sites 3.DME Substation Locations Map 4.Project Information Sheet 5.Resolution Respectfully submitted: Phil Williams General Manager Denton Municipal Electric Prepared by: Elizabeth Bell Denton Municipal Electric City of DentonPage 2 of 2Printed on 8/12/2016 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-1073,Version:1 AGENDA INFORMATION SHEET DEPARTMENT:Materials Management ACM:Bryan Langley AGENDA DATE:August 16, 2016 SUBJECT ConsideradoptionofanordinanceoftheCityofDenton,Texasprovidingfor,authorizing,andapprovingthe purchaseofMicrosoftEnterpriseLicensingRenewalagreementtorenewlicensingforthe:Desktop OptimizationPackage,RemoteDesktopServices,Office365,andClient/Serversoftwarelicensingas approvedbytheStateofTexasDepartmentofInformationResources(DIR)ContractNumberDIR-SDD- 2503;providingfortheexpenditureoffundstherefor;andprovidinganeffectivedate(File6207-awardedto SHI Government Solutions in the three (3) year not-to-exceed amount of $1,890,003). FILE INFORMATION TheCityofDentonutilizesMicrosoftCorporationsoftwaretosupportdailyoperations,communication,and servicestothecommunity.TheCityleveragesanumberofdifferentMicrosoftsoftwareproductsincluding Windowsserveranddesktopoperatingsystems,MicrosoftOffice,Exchange,Lync,SQLserver,SharePoint, Visio,andProject.TheCityofDenton(City)currentlyhasanestablishedEnterpriseAgreement(“EA”)with Microsoft which allows the City to purchase and utilize Microsoft software products. AMicrosoftEnterpriseAgreementisavolumelicensingpackageofferedbyMicrosoft.Itprimarilytargets largeorganizationsthathave500ormorepersonalcomputers.TheMicrosoftEnterpriseAgreementassistsus ingettingthebestpricing,discounts,andaddedbenefitsdesignedtosupportserverandcloudtechnologies. TheCityrealizesthebestsavingsbydeployingacommonITplatformacrosstheorganization.TheCityalso receives24/7technicalsupport,planningservices,end-userandtechnicaltraining,aswellasunique technologieswithSoftwareAssurance.Upfrontcostsareminimizedandstaffcanbudgetmoreeffectivelyby locking in pricing and spreading payments over three (3) years. MicrosofthasexecutedanEnterpriseAgreement(“EA”)withtheStateofTexasDepartmentofInformation Resources(DIR)wherebycitiesandothergovernmentalentitiesareabletoobtainneededMicrosoftsoftwareat reducedrates.TheattachedMicrosoftEAenrollmentform(Exhibit1)willallowtheCityofDentontocontinue itslicensing.Exhibit2showstheDIRCustomerDiscountthattheCityreceivesbypurchasingthelicenses throughtheDIRcontract.TheDIRhasawardedthecontracttoadministerthissoftwarelicensingagreementto SHI Government Solutions (Exhibit 3-Quote). RECOMMENDATION City of DentonPage 1 of 3Printed on 8/12/2016 powered by Legistar© File #:ID 16-1073,Version:1 ApprovethepurchaseofMicrosoftRenewalLicensesfromSHIGovernmentSolutionsinthenot-to-exceed amountof$1,890,003.Thisamountincludesacontingencyforadditionalsubscriptionlicensesandserver coststhatmayberequiredthroughSeptember30,2019.Thetablebelowshowsabreakdownoftheestimated costs for the three (3) year period. Project DescriptionEstimated 3 Year Expenditure (Annual Estimate) Office 365$1,174,902 ($391,634) Enterprise and Desktop Software and Services$ 364,002 ($121,334) DME Specific Software and Services$ 131,580 ($43,860) Projected Contingency for True Up and$ 219,519 ($73,173) Additional Licenses Total$1,890,003 ($630,001) PRINCIPAL PLACE OF BUSINESS SHI Government Solutions Austin, TX FISCAL INFORMATION FundingisbudgetedannuallyintheTechnologyServicesFundaccount830400.6504.Thecostforthelicenses will be charged back to the using departments as they are purchased and installed. 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:1.3 Promote effective internal and external communication EXHIBITS Exhibit 1: Microsoft Enterprise Agreement Exhibit 2: DIR Pricing Index Exhibit 3: SHI Quote Exhibit 4: Ordinance Respectfully submitted: Chuck Springer, 349-8260 Director of Finance City of DentonPage 2 of 3Printed on 8/12/2016 powered by Legistar© File #:ID 16-1073,Version:1 For information concerning this acquisition, contact: Melissa Kraft at 349-7823. City of DentonPage 3 of 3Printed on 8/12/2016 powered by Legistar© EXHIBIT 1 Enterprise Enrollment State and Local Enterprise Enrollment number Framework ID (Microsoft to complete) (if applicable) Previous Enrollment number (Reseller to complete) This Enrollment must be attached to a signature form to be valid. This Enrollment consists of: (1) these terms and conditions, (2) the terms of the Enterprise Agreement identified on the signature form, (3) the Product Selection Form, (4) any supplemental contact information form or Previous Agreement/Enrollment form that may be required, (5) any order submitted under this Enrollment. This Enrollment may only be entered into under a 2011 or later Enterprise Agreement. By entering into this Enrollment, Enrolled Affiliate agrees to be bound by the terms and conditions of the Enterprise Agreement. All terms used but not defined are located at http://www.microsoft.com/licensing/contracts. In the event of any conflict the terms of this Agreement control. Effective date. If Enrolled Affiliate is renewing Software Assurance or Subscription Licenses from one or more previous Enrollments or agreements, then the effective date will be the day after the first prior Enrollment or agreement expires or terminates. Otherwise, the effective date will be the date this Enrollment is accepted by Microsoft. each year this Enrollment is in effect. Term. The initial term of this Enrollment will expire on the last day of the month, 36 full calendar months from the effective date of the initial term. If the Enrollment is renewed, the renewal term will expire 36 full calendar months after the effective date of the renewal term. Any reference in this Enrollment to "day" will be a calendar day. Terms and Conditions 1.Definitions. Terms used but not defined in this Enrollment will have the definition in the Enterprise Agreement. The following definitions are used in this Enrollment: y Product identified as such in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enrolled Affiliate using eligible Government Community Cloud Services to provide solutions to a Government or a qualified member of the Community, or (3) a Customer with Customer Data that is subject to Government regulations for which Customer determines and Microsoft agrees that the use of Government C Community Cloud Service. EA2015EnrGov(US)SLG(ENG)(Aug2015) Page 1 of 10 Document X20-12057 EXHIBIT 1 Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Online Services are treated as Online Services, except as noted. Product in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Products must be licensed for all Qualified Devices and Qualified Users on an Enterprise-wide basis under this program. Government. ral Agency, State/Local Entity, or Tribal Entity acting in its governmental capacity. -tenant data centers for exclusive use by or for the Community and offered in accordance with the National Institute of Standards and Technology (NIST) Special Publication 800-145. Microsoft Online Services that are Government Community Cloud Services are designated as such in the Use Rights and Product Terms. deployed configuration as a general purpose personal computing device (such as a personal computer), a multi-function server, or a commercially viable substitute for one of these systems; and (2) only employs an industry or task-specific software program (e.g. a computer-aided design program used by an architect or ons derived from Microsoft software or third-party software. If the device performs desktop functions (such as email, word processing, spreadsheets, database, network or Internet browsing, or scheduling, or personal finance), then the desktop functions: (1) may only be used for the purpose of supporting the Industry Program functionality; and (2) must be technically integrated with the Industry Program or employ technically enforced policies or architecture to operate only when used with the Industry Program functionality. one or more operating system environments. Examples of Managed Devices can be found in the Product Terms. is: (1) a personal desktop computer, portable computer, workstation, or similar device capable of running Windows Pro locally (in a physical or virtual operating system environment), or (2) a device used to access any device that is: (1) designated as a server and not used as a personal computer, (2) an Industry Device, (3) not a Managed Device. At its option, the Enrolled Affiliate may designate any device excluded above (e.g., Industry Device) that is used as a Qualified Device for all or a subset of Enterprise Products or Online Services the Enrolled Affiliate has selected. Qualified Device, or (2) accesses any server software requiring an Enterprise Product Client Access License or any Enterprise Online Service. It does not include a person who accesses server software or an Online Service solely under a License identified in the Qualified User exemptions in the Product Terms. n entity authorized by Microsoft to resell Licenses under this program and engaged by an Enrolled Affiliate to provide pre- and post-transaction assistance related to this agreement; -ups in the Product Terms, the License reserved by Enrolled Affiliate prior to use and for which Microsoft will make the Online Service available for activation. "State/Local Entity" means (1) any agency of a state or local government in the United States, or (2) any United States county, borough, commonwealth, city, municipality, town, township, special purpose district, EA2015EnrGov(US)SLG(ENG)(Aug2015) Page 2 of 10 Document X20-12057 EXHIBIT 1 ies. -recognized tribal entity performing tribal governmental functions and eligible for funding and services from the U.S. Department of Interior by virtue of its status as an Indian tribe. to any licensing program, the use rights or terms of service for each Product and version published for that licensing program at the Volume Licensing Site. The Use Rights supersede the terms of any end user license agreement (on-screen or otherwise) that accompanies a Product. The Use Rights for Software are published by Microsoft in the Product Terms. The Use Rights for Online Services are published in the Online Services Terms. r a successor site. 2. Order requirements. a. Minimum Order requirements. Qualified Users or Qualified Devices. The initial order must include at least 250 Licenses for Enterprise Products or Enterprise Online Services. (i) Enterprise Commitment. Enrolled Affiliate must order enough Licenses to cover all Qualified Users or Qualified Devices, depending on the License Type, with one or more Enterprise Products or a mix of Enterprise Products and the corresponding Enterprise Online Services (as long as all Qualified Devices not covered by a License are only used by users covered with a user License). (ii) Enterprise Online Services only. If no Enterprise Product is ordered, , then Enrolled Affiliate need only maintain at least 250 Subscription Licenses for Enterprise Online Services. b. Additional Products. Upon satisfying the minimum order requirements above, Enrolled Affiliate may order Additional Products and Services. c. Use Rights for Enterprise Products. For Enterprise Products, if a new Product version has more restrictive use rights than the version that is current at the start of the applicable initial or renewal term of the Enrollment, those more restrictive use rights will not apply to Enrolled d. Country of usage. Enrolled Affiliate must specify the countries where Licenses will be used on its initial order and on any additional orders. e. Resellers. Enrolled Affiliate must choose and maintain a Reseller authorized in the United States. Enrolled Affiliate will acquire its Licenses through its chosen Reseller. Orders must be submitted to the Reseller who will transmit the order to Microsoft. The Reseller and Enrolled Affiliate determine pricing and payment terms as between them, and Microsoft will invoice the Reseller based on those terms. price. Resellers and other third parties do not have authority to bind or impose any obligation or liability on Microsoft. f. Adding Products. (i) Adding new Products not previously ordered. New Enterprise Products or Enterprise Online Services may be added at any time by contacting a Microsoft Account Manager or Reseller. New Additional Products, other than Online Services, may be used if an order is placed in the month the Product is first used. For Additional Products that are Online Services, an initial order for the Online Service is required prior to use. (ii) Adding Licenses for previously ordered Products. Additional Licenses for previously ordered Products other than Online Services may be added at any time but must be included in the next true-up order. Additional Licenses for Online Services must be ordered EA2015EnrGov(US)SLG(ENG)(Aug2015) Page 3 of 10 Document X20-12057 EXHIBIT 1 prior to use, unless the Online Services are (1) identified as eligible for true-up in the Product Terms or (2) included as part of other Licenses. g. True-up requirements. Enrolled Affiliate must submit an annual true-up order that accounts for any changes since the initial order or last order. If there are no changes, then an update statement must be submitted instead of a true-up order. (i) Enterprise Products. For Enterprise Products, Enrolled Affiliate must determine the number of Qualified Devices and Qualified Users (if ordering user-based Licenses) at the time the true-up order is placed and must order additional Licenses for all Qualified Devices and Qualified Users that are not already covered by existing Licenses, including any Enterprise Online Services. (ii) Additional Products. For Additional Products that have been previously ordered under this Enrollment, Enrolled Affiliate must determine the maximum number of Additional Products used since the latter of the initial order, the last true-up order, or the prior anniversary date and submit a true-up order that accounts for any increase. (iii) Online Services. For Online Services identified as eligible for true-up in the Product Terms, Enrolled Affiliate may reserve the additional Licenses prior to use and payment may be deferred until the next true-up order. Microsoft will provide a report of Reserved Licenses in excess of existing orders to Enrolled Affiliate and its Reseller. Reserved Licenses will be invoiced retroactively to the month in which they were reserved. (iv) Subscription License reductions. Enrolled Affiliate may reduce the quantity of Subscription Licenses at the Enrollment anniversary date on a prospective basis if permitted in the Product Terms, as follows: 1) For Subscription Licenses that are part of an Enterprise-wide purchase, Licenses may be reduced if the total quantity of Licenses and Software Assurance for an applicable group meets or exceeds the quantity of Qualified Devices and Qualified Users (if ordering user-based Licenses) identified on the Product Selection Form, and includes any additional Qualified Devices and Qualified Users added in any prior true-up orders. Step-up Licenses do not count towards this total count. 2) For Enterprise Online Services that are not a part of an Enterprise-wide purchase, Licenses can be reduced as long as the initial order minimum requirements are maintained. 3) For Additional Products available as Subscription Licenses, Enrolled Affiliate may use of the applicable Subscription License will be cancelled. Invoices will be adjusted to reflect any reductions in Subscription Licenses at the true-up order Enrollment anniversary date and effective as of such date. (v) Update statement. An update statement must be submitted instead of a true-up order if, since the initial order or last true-up order, Enrolled Affili changed the number of Qualified Devices and Qualified Users licensed with Enterprise Products or Enterprise Online Services; and (2) has not increased its usage of Additional Products. This update statement must be signed by Enrolled Affiliat representative. (vi) True-up order period. The true-up order or update statement must be received by Microsoft between 60 and 30 days prior to each Enrollment anniversary date. The third- year true-up order or update statement is due within 30 days prior to the Expiration Date, and any license reservations within this 30 day period will not be accepted. Enrolled Affiliate may submit true-up orders more often to account for increases in Product usage, but an annual true-up order or update statement must still be submitted during the annual order period. EA2015EnrGov(US)SLG(ENG)(Aug2015) Page 4 of 10 Document X20-12057 EXHIBIT 1 (vii) Late true-up order. If the true-up order or update statement is not received when due: 1) Microsoft will invoice Reseller for all Reserved Licenses not previously ordered and 2) Subscription License reductions cannot be reported until the following Enrollment anniversary date (or at Enrollment renewal, as applicable). h. Step-up Licenses. For Licenses eligible for a step-up under this Enrollment, Enrolled Affiliate may step-up to a higher edition or suite as follows: (i) For step-up Licenses included on an initial order, Enrolled Affiliate may order according to the true-up process. (ii) If step-up Licenses are not included on an initial order, Enrolled Affiliate may step-up initially by following the -up Licenses, by following the true-up order process. i. Clerical errors. Microsoft may correct clerical errors in this Enrollment, and any documents submitted with or under this Enrollment, by providing notice by email and a reasonable opportunity for Enrolled Affiliate to object to the correction. Clerical errors include minor mistakes, unintentional additions and omissions. This provision does not apply to material terms, such as the identity, quantity or price of a Product ordered. j. Verifying compliance. Microsoft may, in its discretion and at its expense, verify compliance with this Enrollment as set forth in the Enterprise Agreement. 3.Pricing. a. Price Levels. the term of the Enrollment. b. Setting Prices. Enrolled rices for each Product or Service will be established by its Reseller. prices for Resellers for each Product or Service will be fixed throughout the applicable initial or renewal Enrollment term. Price levels and prices to Resellers are reestablished at the beginning of the renewal term. However, if Enrolled Affiliate qualifies for a different price level during the applicable initial or renewal term, Microsoft may at its discretion establish a initiative. Any changes will be based upon price level rules in the Product Selection Form. 4. Payment terms. For the initial or renewal order, Enrolled Affiliate may pay upfront or elect to spread its payments over the applicable Enrollment term. If an upfront payment is elected, Microsoft will invoice Enrolled Reseller in full upon acceptance of this Enrollment. If spread payments are elected, unless indicated installment will be invoiced anniversary date. Subsequent orders are invoiced upon acceptance of the order and Enrolled Affiliate may elect to pay annually or upfront for Online Services and upfront for all other Licenses. 5.End of Enrollment term and termination. a. General. At the Expiration Date, Enrolled Affiliate must immediately order and pay for Licenses for Products it has used but has not previously submitted an order, except as otherwise provided in this Enrollment. b. Renewal Option. At the Expiration Date of the initial term, Enrolled Affiliate can renew Products by renewing the Enrollment for one additional 36 full calendar month term or signing EA2015EnrGov(US)SLG(ENG)(Aug2015) Page 5 of 10 Document X20-12057 EXHIBIT 1 a new Enrollment. Microsoft must receive a Renewal Form, Product Selection Form, and renewal order prior to or at the Expiration Date. The renewal term will start on the day following the Expiration Date. Microsoft will not unreasonably reject any renewal. Microsoft may make changes to this program that will make it necessary for Customer and its Enrolled Affiliates to enter into new agreements and Enrollments at renewal. c. If Enrolled Affiliate elects not to renew. (i) Software Assurance. If Enrolled Affiliate elects not to renew Software Assurance for any Product under its Enrollment, then Enrolled Affiliate will not be permitted to order Software Assurance later without first acquiring a new License with Software Assurance. (ii) Online Services eligible for an Extended Term. For Online Services identified as eligible for an Extended Term in the Product Terms, the following options are available at the end of the Enrollment initial or renewal term. 1) Extended Term. Licenses for Online Services will automatically expire in accordance with the terms of the Enrollment. An extended term feature that allows Online Services to continue month-to- Term, Online Services will be invoiced monthly at the then-current published price for up to one year. If Enrolled Affiliate does want an Extended Term, Reseller must submit a request to Microsoft. Microsoft must receive the request not less than 30 days prior to the Expiration Date. 2) Cancellation during Extended Term. If Enrolled Affiliate has opted for the Extended Term and later determines not to continue with the Extended Term, Reseller must submit a notice of cancellation for each Online Service. Cancellation will be effective at the end of the month following 30 days after Microsoft has received the notice. (iii) Subscription Licenses and Online Services not eligible for an Extended Term. If Enrolled Affiliate elects not to renew, the Licenses will be cancelled and will terminate as of the Expiration Date. Any associated media must be uninstalled and destroyed and certification to verify compliance. d. Termination for cause. Any termination for cause of this Enrollment will be subject to the section of the Agreement. In addition, it shall be a breach of this Enrollment if Enrolled Affiliate or any Affiliate in the Enterprise that uses Government Community Cloud Services fails to meet and maintain the conditions of membership in the definition of Community. e. Early termination. Section of the Enterprise Agreement. For Subscription Licenses, in the event of a breach by Microsoft, or if Microsoft terminates an Online Service for regulatory reasons, Microsoft will issue Reseller a credit for any amount paid in advance for the period after termination. 6. Government Community Cloud. a. Community requirements. If Enrolled Affiliate purchases Government Community Cloud Services, Enrolled Affiliate certifies that it is a member of the Community and agrees to use Government Community Cloud Services solely in its capacity as a member of the Community and, for eligible Government Community Cloud Services, for the benefit of end users that are members of the Community. Use of Government Community Cloud Services by an entity that is not a member of the Community or to provide services to non-Community members is strictly prohibited and could result in Services without notice. Enrolled Affiliate acknowledges that only Community EA2015EnrGov(US)SLG(ENG)(Aug2015) Page 6 of 10 Document X20-12057 EXHIBIT 1 members may use Government Community Cloud Services. b. All terms and conditions applicable to non-Government Community Cloud Services also apply to their corresponding Government Community Cloud Services, except as otherwise noted in the Use Rights, Product Terms, and this Enrollment. c. Enrolled Affiliate may not deploy or use Government Community Cloud Services and corresponding non-Government Community Cloud Services in the same domain. d. Use Rights for Government Community Cloud Services. For Government Community Cloud Services, notwithstanding anything to the contrary in the Use Rights: (i) Government Community Cloud Services will be offered only within the United States. (ii) Additional European Terms, as set forth in the Use Rights, will not apply. (iii) References to geographic areas in the Use Rights with respect to the location of Customer Data at rest, as set forth in the Use Rights, refer only to the United States. EA2015EnrGov(US)SLG(ENG)(Aug2015) Page 7 of 10 Document X20-12057 EXHIBIT 1 Enrollment Details 1.prise. a. I Enterprise must consist of entire offices, bureaus, agencies, departments or other entities of Enrolled Affiliate, not partial offices, bureaus, agencies, or departments, or other partial entities. Check only one box in this section. If no boxes are checked, Microsoft will deem the Enterprise to include the Enrolled Affiliate only. If more than one box is checked, Microsoft will deem the Enterprise to include the largest number of Affiliates: Enrolled Affiliate only Enrolled Affiliate and all Affiliates Enrolled Affiliate and the following Affiliate(s) (Only identify specific affiliates to be included if fewer than all Affiliates are to be included in the Enterprise): Enrolled Affiliate and all Affiliates, with following Affiliate(s) excluded: b. after the start of this Enrollment: Include future Affiliates 2.Contact information. Each party will notify the other in writing if any of the information in the following contact information page(s) changes. The asterisks (*) indicate required fields. By providing contact information, Enrolled Affiliate consents to its use for purposes of administering this Enrollment by Microsoft, its Affiliates, and other parties that help administer this Enrollment. The personal information provided in connection with this Enrollment will be used and protected in accordance with the privacy statement available at https://www.microsoft.com/licensing/servicecenter. a. Primary contact. This contact is the primary contact for the Enrollment from within Enrolled Service Center and may grant online access to others. The primary contact will be the default contact for all purposes unless separate contacts are identified for specific purposes Name of entity (must be legal entity name)* Contact name* First Last Contact email address* Street address* City* EA2015EnrGov(US)SLG(ENG)(Aug2015) Page 8 of 10 Document X20-12057 EXHIBIT 1 State/Province* Postal code* - (For U.S. addresses, please provide the zip + 4, e.g. xxxxx-xxxx) Country* Phone* Tax ID * indicates required fields b. Notices contact and Online Administrator. This contact (1) receives the contractual notices, (2) is the Online Administrator for the Volume Licensing Service Center and may grant online access to others, and (3) is authorized for applicable Online Services to add or reassign Licenses and step-up prior to a true-up order. Same as primary contact (default if no information is provided below, even if the box is not checked). Contact name* First Last Contact email address* Street address* City* State/Province* Postal code* - (For U.S. addresses, please provide the zip + 4, e.g. xxxxx-xxxx) Country* Phone* Language preference. Choose the language for notices. English This contact is a third party (not the Enrolled Affiliate). Warning: This contact receives personally identifiable information of the Customer and its Affiliates. * indicates required fields c. Online Services Manager. This contact is authorized to manage the Online Services ordered under the Enrollment and (for applicable Online Services) to add or reassign Licenses and step-up prior to a true-up order. Same as notices contact and Online Administrator (default if no information is provided below, even if box is not checked) Contact name*: First Last Contact email address* Phone* This contact is from a third party organization (not the entity). Warning: This contact receives personally identifiable information of the entity. * indicates required fields d. Reseller information. Reseller contact for this Enrollment is: Reseller company name* SHI International Corp Street address (PO boxes will not be accepted)* 290 Davidson Ave City* Somerset State/Province* NJ Postal code* 08873 Country* USA Contact name* Phone* 888 764 8888 Contact email address* * indicates required fields EA2015EnrGov(US)SLG(ENG)(Aug2015) Page 9 of 10 Document X20-12057 EXHIBIT 1 By signing below, the Reseller identified above confirms that all information provided in this Enrollment is correct. Signature* Printed name* Printed title* Date* * indicates required fields Changing a Reseller. If Microsoft or the Reseller chooses to discontinue doing business with each other, Enrolled Affiliate must choose a replacement Reseller. If Enrolled Affiliate or the Reseller intends to terminate their relationship, the initiating party must notify Microsoft and the other party using a form provided by Microsoft at least 90 days prior to the date on which the change is to take effect. e. If Enrolled Affiliate requires a separate contact for any of the following, attach the Supplemental Contact Information form. Otherwise, the notices contact and Online Administrator remains the default. (i) Additional notices contact (ii) Software Assurance manager (iii) Subscriptions manager (iv) Customer Support Manager (CSM) contact 3.Financing elections. Is a purchase under this Enrollment being financed through MS Financing? Yes, No. If a purchase under this Enrollment is financed through MS Financing, and Enrolled Affiliate chooses not to finance any associated taxes, it must pay these taxes directly to Microsoft. EA2015EnrGov(US)SLG(ENG)(Aug2015) Page 10 of 10 Document X20-12057 EXHIBIT 1 Program Signature Form MBA/MBSA number Agreement number Note: Enter the applicable active numbers associated with the documents below. Microsoft requires the associated active number be indicated here, or listed below as new. te, Government Partner, Institution, or other party entering into a volume licensing program agreement. This signature form and all contract documents identified in the table below are entered into between the Customer and the Microsoft Affiliate signing, as of the effective date identified below. Contract Document Number or Code <Choose Agreement> Document Number or Code <Choose Agreement> Document Number or Code <Choose Agreement> Document Number or Code <Choose Agreement> Document Number or Code <Choose Agreement> Document Number or Code <Choose Enrollment/Registration> Document Number or Code <Choose Enrollment/Registration> Document Number or Code <Choose Enrollment/Registration> Document Number or Code <Choose Enrollment/Registration> Document Number or Code <Choose Enrollment/Registration> Document Number or Code Document Description Document Number or Code Document Description Document Number or Code Document Description Document Number or Code Document Description Document Number or Code Document Description Document Number or Code By signing below, Customer and the Microsoft Affiliate agree that both parties (1) have received, read and understand the above contract documents, including any websites or documents incorporated by reference and any amendments and (2) agree to be bound by the terms of all such documents. Customer Name of Entity (must be legal entity name)* Signature* Printed First and Last Name* Printed Title Signature Date* Tax ID *indicates required field ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(Aug2014) Page 1 of 2 EXHIBIT 1 Microsoft Affiliate Microsoft Corporation Signature Printed First and Last Name Printed Title Signature Date (date Microsoft Affiliate countersigns) Agreement Effective Date nd Optional 2 Customer signature or Outsourcer signature (if applicable) Customer Name of Entity (must be legal entity name)* Signature* Printed First and Last Name* Printed Title Signature Date* * indicates required field Outsourcer Name of Entity (must be legal entity name)* Signature* Printed First and Last Name* Printed Title Signature Date* * indicates required field If Customer requires physical media, additional contacts, or is reporting multiple previous Enrollments, include the appropriate form(s) with this signature form. After this channel partner or Microsoft account manager, who must submit them to the following address. When the signature form is fully executed by Microsoft, Customer will receive a confirmation copy. Microsoft Corporation Dept. 551, Volume Licensing 6100 Neil Road, Suite 210 Reno, Nevada 89511-1137 USA ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(Aug2014) Page 2 of 2 EXHIBIT 2 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR, AUTHORIZING, AND APPROVING THE PURCHASE OF MICROSOFT ENTERPRISE LICENSING RENEWAL AGREEMENT TO RENEW LICENSING FOR THE: DESKTOP OPTIMIZATION PACKAGE, REMOTE DESKTOP SERVICES, OFFICE 365, AND CLIENT/SERVER SOFTWARE LICENSING AS APPROVED BY THE STATE OF TEXAS DEPARTMENT OF INFORMATION RESOURCES (DIR) CONTRACT NUMBER DIR-SDD-2503; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 6207-AWARDED TO SHI GOVERNMENT SOLUTIONS IN THE THREE (3) YEAR NOT-TO-EXCEED AMOUNT OF $1,890,003). WHEREAS, pursuant to Resolution 92-019, the State of Texashas solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies or services can be purchased by the City through the State of Texas Department of Information ServicesGo Direct Program at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the numbered items in the following numbered purchase order for materials, equipment, supplies, or services, shown in the "File Number" listed hereon, and on file in the office of the Purchasing Agent, are hereby approved: FILE NUMERVENDORAMOUNT 6207SHI Government Solutions$1,890,003 SECTION 2. That by the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City accepts the offer of the persons submitting the bids to the State of Texas Department of Information Services Go Direct Program for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the State of Texas Department of Information Services Go Direct Program, and the purchase orders issued by the City. SECTION 3. That should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the State of Texas Department of Information Services Go Direct Program, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the State of Texas Department of Information Services Go Direct Program, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizesthe expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. That 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 16-851,Version:1 Agenda Information Sheet DEPARTMENT:Denton Municipal Electric CM/ ACM:Howard Martin Date:August 16, 2016 SUBJECT ConsideradoptionofanordinanceoftheCityofDenton(“City”)determiningthepublicuse,need,and necessityfortheacquisitionof(1)feesimpletitletothesurfaceestate,includingawaiverofsurfaceuseasto themineralestate,ofa38.889acretractdescribedanddepictedinExhibit“A”and(2)sixelectricutilityand communicationeasementsdescribedinExhibit“B”(0.800acresshownas“ElectricEasementNo.1”in Exhibit“B”and0.046acresshownas“ElectricEasementNo.2”inExhibit“B”),Exhibit“C”(0.919acres), Exhibit“D”(0.642acresshownas“ElectricEasementNo.1”inExhibit“D”and4.636046acresshownas “ElectricEasementNo.2”inExhibit“D”),andExhibit“E”(0.040acres),witheachandeverypropertyinterest describedabovebeinglocatedintheMaryAustinSurvey,AbstractNo.4,CityandCountyofDenton,Texas, andeachandeverypropertyinterestdescribedabovebeingcollectivelyreferredtohereafteras“Property Interests”;authorizingtheCitytoacquirethepropertyinterestsbyeitheragreementorthroughtheuseofthe powerofeminentdomain;authorizingtheuseofthepowerofeminentdomaintoacquirethepropertyinterests ifanagreementcannotbereached;authorizingtheexpenditureoffunds;makingsfindings;providingasavings clause; and providing an effective date. \[Brinker SS and TL\] BACKGROUND The Denton Municipal Electric (DME) Capital Improvement Plan includes a project to reconstruct its electric transmission system. Its current capacity is inadequate for expected future load. The need for a substation in the vicinity of the above described area in the City of Denton, Texas has been identified and shared with closely impacted landowner representatives. DME has had meetings to discuss the siting of the proposed substation and transmission routes with landowner representatives of the potential site area and it has received feedback from them. OPTIONS 1.Approve adoption of an ordinance to acquire the above subject property. 2.Do not approve adoption of the ordinance and provide staff with further direction. RECOMMENDATION DME recommends approval of the proposed ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) A Public Hearing was held at PUB on January 25, 2016 and at City Council on February 16, 2016. The City of DentonPage 1 of 2Printed on 8/12/2016 powered by Legistar© File #:ID 16-851,Version:1 substation site was approved by PUB on January 25, 2016 and by City Council on February 16, 2016. FISCAL INFORMATION The costs for property and services purchased under the proposed options will be funded out of amounts budgeted for specific projects. A component of the work proposed will be in the transmission category. The costs for transmission projects will ultimately be recovered through the Public Utility Commission Transmission Cost of Service Program (TCOS) 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: Public Infrastructure Related Goal: 2.3 Promote superior utility services and facilities EXHIBITS 1.Brinker Substation Map 2.Brinker Substation Easements 3.Ordinance Respectfully submitted: Phil Williams General Manager Denton Municipal Electric Prepared by: Elizabeth Bell Denton Municipal Electric City of DentonPage 2 of 2Printed on 8/12/2016 powered by Legistar© 4 EX City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-1075,Version:1 Agenda Information Sheet DEPARTMENT:Engineering Services CM/ ACM:Jon Fortune Date:August 16, 2016 SUBJECT ConsideradoptionofanordinanceoftheCityofDentondeterminingthepublicuse,need,andnecessityforthe acquisitionofvariouspermanenteasementsandtemporaryconstructioneasementsgenerallylocatedalongU.S. Highway377(FortWorthDrive)thelimitsofwhichbeingboundedtothenorthbyInterstateHighway35East andtothesouthbyFM1830(CountryClubRoad)andbeingsituatedintheA.HillSurvey,AbstractNo.623, theS.HiramSurvey,Abstract616,theW.DanielSurvey,Abstract378,theA.HickmanSurvey,Abstract521 andtheB.B.B&C.R.R.Survey,Abstract196,CityandCountyofDenton,Texas,andwiththeuse,purpose andlegaldescriptionsofeacheasementbeingmoreparticularlydescribedintheattachedExhibit“A”(the “PropertyInterests”);authorizingtheCityManagerandCityAttorney,ortheirrespectivedesignees,toacquire thepropertyinterestsbyagreementincludingmakingalloffersrequiredbylaw;authorizingtheuseofthe powerofeminentdomaintocondemnthepropertyinterestsifanagreementcannotbereached;andauthorizing theCityAttorney,orherdesignee,tofileeminentdomainproceedingsifnecessary;authorizingtheexpenditure offunding;makingsfindings;providingasavingsclause;andprovidinganeffectivedate.\[FortWorthDrive Utility Relocations project\] The Public Utilities Board recommends approval (6-0). BACKGROUND TheTexasDepartmentofTransportation(TxDOT)iswideningFortWorthDrive,beginningatIH-35Eand extendingsouthapproximately1.7milestosouthofFM1830(CountryClubRoad).Theprojectwillincrease themostlytwolaneroadwaysectiontoasix-lanedividedarterial.TxDOThasscheduledthewideningproject tobebidinFebruary2017.Ninety-Fivepercent(95%)Plansfortheroadwayprojecthavebeendistributedto theaffectedutilityproviders;someofwhomarealreadyrelocatingtheirutilities.CityofDentonwaterand wastewaterutilitylinesmustalsoberelocatedoutofconflictwiththeproposedTxDOTimprovements.In ordertomeettheextremelytightscheduleofthehighwaywideningproject,itisstaff’sintentthatCitywater andwastewaterutilityrelocationswillbeincorporatedintoTxDOT’sroadwayconstructionprojectbid,since thereisnotenoughtimetocompleteplans,obtaineasementsandconstructtheutilityrelocationspriorto TxDOT’s roadway construction beginning. RealEstateDivisionstaffisactivelyassemblingOffertoPurchasepackagesforthelandowners,inwhichthe Cityisseekingtoacquirethevariouseasementsnecessaryforthewaterandsanitarysewerinfrastructure relocations. Staffmakeseveryefforttosuccessfullynegotiateeasementpurchaseswithlandownersinafairandequitable mannerandtothebestinterestsofallpartiesinvolved.Intheeventthatnegotiationeffortsfailandanimpasse City of DentonPage 1 of 2Printed on 8/12/2016 powered by Legistar© File #:ID 16-1075,Version:1 isreachedwithagivenlandowner,inordertoavoiddelayorlossoftheroadprojectfunding,thisordinance willauthorizestafftoacquirethenecessaryeasementrightsviatheexerciseofeminentdomain,withtheland owner being compensated in accordance with state law. OPTIONS 1.Approve the proposed ordinance for easement acquisitions. 2.Not approve the proposed ordinance for easement acquisitions. 3.Table for future consideration. RECOMMENDATION Staff recommends approval of the ordinance. PRIOR ACTION/REVIEW August 8, 2016 - Public Utilities Board recommends approval 6-0 ESTIMATED SCHEDULE OF PROJECT TheCitymustcompletedesignandeasementacquisitionsbytheendofDecember2016,toallowTxDOTto meet their schedule of bidding the project in February 2017. FISCAL INFORMATION WaterUtilitiesprojectaccountnumber630264520.1360.30200andWastewaterUtilitiesprojectaccount number 640052545.1360.30200 will be utilized for this project. 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: Public Infrastructure Related Goal: 2.1 Optimize resources to improve quality of City Roadways EXHIBITS 1.Location Map 2.Recommended Motion 3.Ordinance Respectfully submitted: John T. Davis, PE Director Engineering Services Prepared by: Paul Williamson Real Estate Manager City of DentonPage 2 of 2Printed on 8/12/2016 powered by Legistar© LOCATION MAP Project Limits Fort Worth Drive Utility Relocates µ 1,00050001,0002,0003,000 Exhibit 1 to the AIS Feet MOTION City Council Agenda Item ID 16-1075 (Fort Worth Drive Utility Relocations project) “I move that the City of Denton, authorize the use of the power of eminent domain to acquire the easements as defined as the “Property Interests” in the ordinance now under consideration, consisting of various tracts along U.S. Highway 377 (Fort Worth Drive), the limits of which being bounded to the north by Interstate Highway 35 East and to the south by FM 1830 (Country Club Road) and being situated in the A. Hill Survey, Abstract No. 623, the S. Hiram Survey, Abstract 616, the W. Daniel Survey, Abstract 378, the A. Hickman Survey, Abstract 521 and the B.B.B & C.R.R. Survey, Abstract 196, City of Denton, Denton County, Texas, and being more particularly described in Exhibit “A” to the ordinance now under consideration, all of which are for a valid public use, necessary to provide for the construction, operation, and maintenance of both the municipal water system improvements and the municipal sanitary sewer system improvements necessary for the Fort Worth Drive Utility Relocations project.” Exhibit "A" - attachment to ordinance1 of 110 “Property Interests” Fort Worth Drive Utility Relocations Project Limits being I-35E, south to FM 1830 Property Ownership Roster / Easement Acquisitions Address Owner DCAD Project Parcel # Easement Type Parcel No. to be acquired 518 Acme Street GJO & AM Investments, Inc. 137395 P2E-SSWLE-1 sanitary sewer & water P2E-TCE-1temporary construction P2E-TCE-2temporary construction 521 Acme Street PKR Properties, LP 21433, 40179 P3E-SSWLE-1 sanitary sewer & water P3E-TCE-1temporary construction 703 Massey Street James A. Blanton 34195 P8W-SSWLE-1 sanitary sewer & water P8W-TCE-1temporary construction 915 Fort Worth Drive vanCalle Denton, LLC 36950 P1E-TCE-1 temporary construction 1008 Fort Worth Drive Melinda Webb 25797 P1W-SSE-1 sanitary sewer 1018 Fort Worth Drive United Pawn, Inc. 114200 P3W-SSE-1 sanitary sewer 1123 Fort Worth Drive David M. Nichols 25824 P4E-SSWLE-1 sanitary sewer & water P4E-TCE-1temporary construction 1131 Fort Worth Drive TTG Investments, L.C 187403 P5E-TCE-1 temporary construction 1200 Fort Worth Drive Tommy L. Caruthers, Sr. 32448 P6W-SSE-1 sanitary sewer P6W-TCE-1temporary construction 1701 Fort Worth Drive CS Rodgers Properties LLC 34176 P7E-WLE-1 water P7E-TCE-1temporary construction 1715 Fort Worth Drive Thomas A. Farlow 34175 P8E-WLE-1 water 1800 Fort Worth Drive Douglas Wade Carr and 34197 P10W-SSWLE-1 sanitary sewer & water Cynthia G. Carr P10W-TCE-1temporary construction 1804 Fort Worth Drive Thomas A. Farlow 34198 P11W-SSWLE-1 sanitary sewer & water P11W-TCE-1temporary construction th 2201 Fort Worth Drive 4 Frame, LLC 36165 P11E-TCE-1 temporary construction 2212 Fort Worth Drive Regi Investments Inc. 36174 P12W-SSE-1 sanitary sewer P12W-SSE-2sanitary sewer P12W-SSE-3sanitary sewer P12W-TCE-1temporary construction 2305 Fort Worth Drive Mohamad R. Haghighi and 36166 P12E-SSE-1 sanitary sewer Irannejad Soraya P12E-TCE-1temporary construction 2401 Fort Worth SEC Helen Poole 36204 P13E-SSWLE-1 sanitary sewer & water MissionP13E-TCE-1temporary construction 2411 Fort Worth Drive Key Ventures, LLC 36201 P14E-SSWLE-1 sanitary sewer & water P14E-TCE-1temporary construction 2414 Fort Worth Drive Maribel and Rogelio Vega 36193, 36195 P13W-SSWLE-1 sanitary sewer & water 2500 Fort Worth Drive Hillcrest Chiesa, LP 36190 P14W-SSWLE-1 sanitary sewer & water 2510 Fort Worth Drive David and Jannelle Brown 36199 P15W-SSWLE-1 sanitary sewer & water 2519 Fort Worth Drive David and Jannelle Brown 36222 P16E-SSWLE-1 sanitary sewer & water P16E-TCE-1temporary construction 2601 Fort Worth Drive Jose T. Corona 36221 P18E-SSWLE-1 sanitary sewer & water P18E-TCE-1temporary construction 2615 Fort Worth Drive J. Michael and Monica Brooks 36218 P20E-SSWLE-1 sanitary sewer & water P20E-TCE-1temporary construction 2721 Fort Worth Drive Vandesmith Developers, Ltd. 36211 P22E-SSE-1 sanitary sewer P22E-TCE-1temporary construction 2612 Fort Worth Drive Vaughn W. Meador 36231, 36323 P16W-SSE-1 sanitary sewer 2 of 110 3 of 110 4 of 110 5 of 110 6 of 110 7 of 110 8 of 110 9 of 110 10 of 110 11 of 110 12 of 110 13 of 110 14 of 110 15 of 110 16 of 110 17 of 110 18 of 110 19 of 110 20 of 110 21 of 110 22 of 110 23 of 110 24 of 110 25 of 110 26 of 110 27 of 110 28 of 110 29 of 110 30 of 110 31 of 110 32 of 110 33 of 110 34 of 110 35 of 110 36 of 110 37 of 110 38 of 110 39 of 110 40 of 110 41 of 110 42 of 110 43 of 110 44 of 110 45 of 110 46 of 110 47 of 110 48 of 110 49 of 110 50 of 110 51 of 110 52 of 110 53 of 110 54 of 110 55 of 110 56 of 110 57 of 110 58 of 110 59 of 110 60 of 110 61 of 110 62 of 110 63 of 110 64 of 110 65 of 110 66 of 110 67 of 110 68 of 110 69 of 110 70 of 110 71 of 110 72 of 110 73 of 110 74 of 110 75 of 110 76 of 110 77 of 110 78 of 110 79 of 110 80 of 110 81 of 110 82 of 110 83 of 110 84 of 110 85 of 110 86 of 110 87 of 110 88 of 110 89 of 110 90 of 110 91 of 110 92 of 110 93 of 110 94 of 110 95 of 110 96 of 110 97 of 110 98 of 110 99 of 110 100 of 110 101 of 110 102 of 110 103 of 110 104 of 110 105 of 110 106 of 110 107 of 110 108 of 110 109 of 110 110 of 110 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-1046,Version:1 Agenda Information Sheet DEPARTMENT:City Manager’s Office CM/ ACM:Bryan Langley Date:August 16, 2016 SUBJECT Considernominations/appointmentstotheCity’sBoardsandCommissions:AirportAdvisoryBoard;Health& BuildingStandardsCommission;HumanServicesAdvisoryCommittee;Parks,RecreationandBeautification Board; and Zoning Board of Adjustment. BACKGROUND Exhibit1containstheremainingvacanciesforBoardsandCommissionsplusnominationsCouncilhas submitted.NominationsmadeatthismeetingcanbevotedonshouldtheCouncildesire.Approvalwouldbe contingent on completion of the confirmation process. EXHIBITS Exhibit 1 - Nominations Sheet Respectfully submitted: Jennifer Walters City Secretary City of DentonPage 1 of 1Printed on 8/12/2016 powered by Legistar© BOARDANDCOMMISSIONNOMINATIONS BoardCouncilMemberNomination R Ï Reappointment N Ï New Nomination City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:Z16-0008b,Version:1 AGENDA INFORMATION SHEET DEPARTMENT:Department of Development Services ACM:Jon Fortune DATE:August 16, 2016 SUBJECT Holdapublichearingandconsideradoptionofanordinanceprovidinganinitialzoningdistrictdesignationof EmploymentCenterIndustrial(EC-I)Districttoanapproximately23.24acrepropertygenerallylocatedonthe westsideofGeeslingRoad,approximately700feetsouthofEastUniversityDrive(US380).ThePlanningand Zoning Commission recommends approval (7-0). BACKGROUND LocatedwithinDH-12,oneof17annexationareasintheCity’s2010AnnexationPlan,thesubjectproperty wasinitiallyscheduledforannexationin2013.Becausethepropertywasbeingusedforagriculturalpurposes, however,thesubjectpropertyreceivedapprovalofaNon-AnnexationAgreement(NAA)thatdelayed annexationtonosoonerthanAugust1,2020.ThisagreementpermittedthepropertytoremainintheETJso longasthepropertyremainedinagriculturaluse.Anydevelopmentofthesitewouldtriggerimmediate annexation. Thecurrentownerpurchasedthepropertyin2015andsubsequentlysubmittedaPreliminaryPlatapplicationto facilitateindustrialdevelopment.Followingnotificationtothepropertyownerandallserviceproviderstothe site,annexationproceedingbeganinMarch2016andthepropertywasofficiallyannexedonJune21,2016. Onceannexed,thepropertyreceivedatemporarydesignationofRD-5XaccordingtothetermsoftheNAA. RD-5XisnotanofficialzoningdistrictoftheCityofDenton,butratheratemporaryplaceholderuntilaninitial officialzoningdesignationisapprovedforthesite.Thepurposeoftheapplicant’srequestistoprovidean initial zoning designation of EC-I District to facilitate an industrial warehouse development. 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 (7-0). The Development Review Committee recommends approval of this request. City of DentonPage 1 of 3Printed on 8/12/2016 powered by Legistar© File #:Z16-0008b,Version:1 PRIOR ACTION/REVIEW (Council, Boards, Commissions) On April 6, 2010, City Council adopted a 3-Year Annexation Plan for DH-12 and the subject property. OnDecember18,2012,CityCouncilapprovedanNAAforthesubjectpropertythatallowedthepropertyto remain in the ETJ through August 1, 2020, so long as the property remained in agricultural use. OnMarch22,2016,CityCouncilapprovedanordinanceestablishingtwopublichearingdatesregarding annexation of the subject property. On April 5, 2016, City Council conducted the first of two annexation public hearings. On April 12, 2016, City Council conducted the second of two annexation public hearing. On May 10, 2016, City Council conducted the first of two readings of the annexation ordinance. OnJune21,2016,CityCouncilconductedthesecondoftworeadingsoftheannexationordinanceandadopted the annexation ordinance. Annexation of the property became effective immediately. On July 13, 2016, the Planning and Zoning Commission recommended approval of the rezoning request (7-0). 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.ESA Map 6.EC-I Permitted Uses 7.Public Notification Map 8.Planning and Zoning Commission Meeting Minutes 9.Draft Ordinance 10.Presentation Respectfully submitted: Aimee Bissett Director of Development Services Prepared by: City of DentonPage 2 of 3Printed on 8/12/2016 powered by Legistar© File #:Z16-0008b,Version:1 Michael J. Bell Senior Planner City of DentonPage 3 of 3Printed on 8/12/2016 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:Z16-0008,Version:1 Planning Report Z16-0008/Geesling Road City Council District 2 Planning & Zoning Commission July 13, 2016 REQUEST: HoldapublichearingandconsiderarecommendationtoCityCouncilregardingarequesttoprovideaninitial zoningdistrictdesignationofEmploymentCenterIndustrial(EC-I)Districttoanapproximately23.24acre propertygenerallylocatedonthewestsideofGeeslingRoad,approximately700feetsouthofEastUniversity Drive (US 380). (Z16-0008, Geesling Road, Mike Bell) OWNER: Randall Smith APPLICANT: Cody Crannell BACKGROUND: LocatedwithinDH-12,oneof17annexationareasintheCity’s2010AnnexationPlan,thesubjectproperty wasinitiallyscheduledforannexationin2013.Becausethepropertywasbeingusedforagriculturalpurposes, however,thesubjectpropertyreceivedapprovalofaNon-AnnexationAgreement(NAA)thatdelayed annexationtonosoonerthanAugust1,2020.ThisagreementpermittedthepropertytoremainintheETJso longasthepropertyremainedinagriculturaluse.Anydevelopmentofthesitewouldtriggerimmediate annexation. Thecurrentownerpurchasedthepropertyin2015andsubsequentlysubmittedaPreliminaryPlatapplicationto facilitateindustrialdevelopment.Followingnotificationtothepropertyownerandallserviceproviderstothe site,annexationproceedingbeganinMarch2016andthepropertywasofficiallyannexedonJune21,2016. Onceannexed,thepropertyreceivedatemporarydesignationofRD-5XaccordingtothetermsoftheNAA. RD-5XisnotanofficialzoningdistrictoftheCityofDenton,butratheratemporaryplaceholderuntilaninitial officialzoningdesignationisapprovedforthesite.Thepurposeoftheapplicant’srequestistoprovidean initial zoning designation of EC-I District to facilitate an industrial warehouse development. SITE DATA: Thesubjectpropertyisanapproximately23.24acreunplattedtractofland.GeeslingRoad,atwo-lane, undividedroadwayservesasthepropertieseasternboundary.Electrictransmissionlinestraversetheproperty fromthenorthwesttothesoutheast.ThetributaryofCooperCreekthatflowsthroughwestsideoftheproperty isencumberedbyFEMAFloodplainaswellasWaterRelatedandUplandHabitatEnvironmentallySensitive Area (ESA). City of DentonPage 1 of 4Printed on 7/10/2016 powered by Legistar© File #:Z16-0008,Version:1 USE OF PROPERTY UNDER CURRENT ZONING: WhenannexedonJune21,2016,thesubjectpropertyreceivedatemporarydesignationofRD-5X.This permitsdevelopmentinaccordancewiththeRuralResidential(RD-5)District.PrimaryusespermittedwithRD -5 are farms, ranches, and agriculture on five acre tracts or larger. SURROUNDING ZONING AND LAND USES: North: To the north is undeveloped property zoned EC-I District East:TotheeastisundevelopedpropertydesignatedRD-5XandtheDMEGeeslingRoadElectricSubstation within a Neighborhood Residential 6 (NR-6) District. South: To the west is a manufacturing plant for aloe vera products and is designated RD-5X West: To the south is undeveloped property designated RD-5X COMPATABILITY OF REQUEST WITH SURROUNDING ZONING/LAND USES: ThepurposeoftheEC-Izoningdistrictistoprovidelocationsforavarietyofworkplacesandcomplimentary uses.PermittedusesincludeVehicleRepair,Hotels,Restaurants,Drive-throughFacilities,Professional ServicesandOffices,AutoandRVSales,MajorEventEntertainment,LightManufacturing,WholesaleSales, andSelfServiceStorage.UsespermittedwithaLimitationincludeRetailSalesandService,Distribution Center,andRetailWarehouse.ConferenceandConventionCentersrequireaSpecificUsePermit.The permitted schedule of uses is attached for reference. ThisdistrictiscompatiblewiththepropertyzonedanEC-IDistricttothenorth,whichisalsoownedbythe applicant. COMPREHENSIVE PLAN: “BusinessInnovation”isintendedforlargetractsoflandthatareappropriateforwell-planned,largerscale officeandemploymentparkswithsupportingusessuchasretailhotels,andresidential.Primaryusesinclude office,researchanddevelopment,andlightmanufacturing.Thisdesignationisproposedinareasthatarein closeproximitytocommercialuseareasandemploymenthubssothatfuturedevelopmentmaybuildfromthis proximity and create a critical mass for economic development. Development criteria of the Business Innovation future land use designation include: a)Typicalusesmayincludeofficeparksandflexibleofficespacetoencouragetheestablishmentof research and development enterprises, start-ups, and opportunities for business innovation. b)Supporting and complementary retail and services are allowed by right. c)Publicly-accessibleparksandgreenwaysandcontinuitywiththepedestrianandbicyclenetworkis encouraged. d)Development should be sited accessible to transit routes to encourage taking transit to work. e)Developmentshouldbesitednearbytoexistingresidentialareastoencouragejobslocatedcloseto employment centers. Thecharacterofthisareashouldbemaintainedbyensuringthatnewdevelopmentissensitivetothe surrounding built and natural context in scale and form as described above. CONSIDERATIONS: 1.TheproposedEC-IDistrictisconsistentwiththeproperty’sfuturelandusedesignationofBusiness Innovation. 2.Thesubjectpropertyislocatedincloseproximitytoanestablishedindustrialcenterontheeastsideof DentonthatincludestheGeorgiaPacificPackaging,Safety-KleenSystems,UnitedCopperIndustries,and City of DentonPage 2 of 4Printed on 7/10/2016 powered by Legistar© File #:Z16-0008,Version:1 various other warehouse and light manufacturing facilities. 3.Adjacentpropertiesareundeveloped.Industrialandemploymentuseswouldhavenonegativeimpact on surrounding properties. 4.CooperCreekservesasanaturalbufferbetweentheindustrialcenteralongUS380andareadesignated for future residential to the south and west. 5.Priortoinitiationoftheannexationproceedings,theCityCouncilwasinformedoftheapplicant’s intentiontodevelopthepropertywithindustrialusesandtheneedforaninitialzoningofEC-IDistrict. Therewerenoobjectionstothisinformationatthattime.Theannexationofthispropertywascompletedon June 21, 2016. STAFF RECOMMENDATION: Staffrecommendsapprovaloftherequestasitiscompatiblewiththesurroundingpropertyandisconsistent with the goals and objectives of the Denton Plan 2030. OPTIONS: 1. Recommend approval as submitted. 2. Recommend approval subject to conditions. 3. Recommend denial. 4. Table the item. PUBLIC NOTIFICATION: Tocomplywiththepublichearingnoticerequirements,eightnoticesweresenttopropertyownerswithin200 feetofthesubjectproperty,fivecourtesynoticesweresenttophysicaladdresseswithin500feetofthesubject property,anoticewaspublishedintheDentonRecordChronicle,andsignswereplacedontheproperty.The applicant chose not to host a neighborhood meeting. PROJECT TIMELINE: Application Received:May 10, 2016 st 1 Submittal Sent to DRC Members:May 10, 2016 Comments Released to Applicant:May 26, 2016 DRC Meeting with Staff:Applicant Declined Meeting Business Days under DRC Review:10 Business Day out to Applicant:0 Total Business Days:10 EXHIBITS: Aerial Map Zoning Map Future Land Use Map ESA Map EC-I Permitted Uses Notification Map Respectfully submitted: Shandrian Jarvis City of DentonPage 3 of 4Printed on 7/10/2016 powered by Legistar© File #:Z16-0008,Version:1 Development Review Committee Administrator Prepared by: Michael J. Bell Senior Planner City of DentonPage 4 of 4Printed on 7/10/2016 powered by Legistar© Z16-0008 Site Location United Copper Safety Kleen Lily of the Desert Ale Vera Plant 0190380760 Feet SITECOD µ ParcelsETJ Roads Date: 5/13/2016 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. Z16-0008 Zoning Map IC-E NR-3 NRMU EC-I EC-C NR-6 NR-2 PD RD-5X ETJ NR-4 A 0190380760 Feet SITEAIC-ENR-6 µ Parcels EC-CNR-2NRMU Roads EC-INR-3PD ETJNR-4RD-5X Date: 7/13/2016 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. Z16-0008 Future Land Use Map Rural Areas Business Innovation Moderate Residential Parks / Open Space Low Residential 0190380760 Feet SITEModerate Residential Future Land Use µ Business Innovation Rural Areas Parcels Parks / Open Space Low Residential Roads Date: 5/16/2016 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. Z16-0008 Environmentally Sensitive Area 0190380760 SITEDevelopedA Feet Parcels UndevelopedAE µ Roads Upland AE, Floodway 50 ft Water related X, 0.2 PCT Annual Chance Flood Hazard 100 ft Removed X, Area of Minimal Flood Hazard X, Area with Reduced Flood Risk Due to Levee Date: 7/5/2016 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. Employment Center Industrial Permitted Uses RESIDENTIAL: P Agriculture L(7) Livestock COMMERCIAL: Hotels, Bed and Breakfast, Restaurant, Private Club, Bar, Drive-through Facility, Professional Services and Offices, Quick Vehicle Servicing, P Vehicle Repair, Auto and RV Sales, Laundry Facilities, Indoor Recreation, Major Event Entertainment, Commercial Parking Lots, Administrative or Research Facilities, Broadcasting or Production Studio L(18) Retail Sales and Service L(38) Temporary Uses INDUSTRIAL: Printing/Publishing, Bakeries, Manufacture of Non-Odiferous Foods, P Light Manufacturing, Wholesale Sales, Self-Service Storage, Construction Materials Sales, Kennels, Veterinary Clinics L(32) Wholesale Nurseries L(34) Distribution Center/Warehouse, General, Warehouse, Retail SUP L(29) Wrecker Services and Impound Lots L(27) Gas Wells INSTITUTIONAL: Basic Utilities, Community Service, Parks and Open Space, Churches, P Semi-Public Halls, Clubs, and Lodges, Business/Trade School, Adult or Child Day Care, Colleges, Mortuaries SUP Conference/Convention Centers, WECS (Free-standing Monopole Support Structure), WECS (Building Mounted) P = Permitted, L(#) = Permitted with a Limitation, SUP = Specific Use Permit LIMITATIONS: 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(18) = Uses are permitted only in association with Gas Stations and are limited to no more than five thousand (5,000) square feet of gross floor area except adjacent to I-35 then uses are limited to ten thousand (10,000) square feet of gross floor area. L(27) = Must comply with the provisions of Subchapter 22, Gas Well Drilling and Production. L(29) = Wrecker Services and Impound Lots must comply with the following provisions: 1. The subject lot shall comply with the provisions of the Texas Administrative Code, regarding Vehicle Storage Facilities. 2. Lot Screening: All stored vehicles shall be opaquely screened from all rights-of-way and residential uses and zoning districts. 3. Parking and vehicle storage areas associated with wrecker services and impound lots activities are not allowed within undeveloped floodplain, water-related habitat, and riparian buffer environmentally sensitive areas (ESA). 4. Best management practices addressing stormwater quality must be implemented and maintained on site. Management practices must attain the pollutant removal capabilities recommended for parking areas in the Integrated Storm Water Management (ISWM) Manual, as published by the North Central Texas Council of Governments, or similar practices consistent with low impact development (LID) approaches. L(32) = Not allowed to locate adjacent to an arterial and within one thousand (1,000) feet as measured from the nearest property line of a sexually oriented business to the nearest property line of any other sexually oriented business, adult or child daycare, any elderly housing facility, hospital, any residential use, public open space. L(34) = Permitted with no more than one hundred fifty thousand (150,000) gross square feet and eight (8) truck docks. All docks or loading bays shall be to the rear or side of the structure and not viewable from the street. The buffering standards for outdoor storage shall apply, both to any outdoor storage activity and to the loading docks. L(38) Must meet the requirements of Section 35.12.9. Z16-0008 Notification Map 200ft Buffer 500ft Buffer 0190380760 Feet SITE µ Parcels Roads Date: 5/16/2016 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. Њ Minutes Ћ Planning and Zoning Commission Ќ July 13, 2016 Ѝ Ў After determining that a quorum was present, the Planning and Zoning Commission of the City of Џ Denton, Texas convened in a Work Session on Wednesday, July 13, 2016 at 5:00 p.m. in the А City Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which Б the following items were considered: В ЊЉ PRESENT: Chair Jim Strange, Commissioners: Gerard Hudspeth, Larry Beck, and ЊЊ Andrew Rozell, Frank Dudowicz, Amber Briggle, and Devin Taylor. ЊЋ ЊЌ ABSENT: None. ЊЍ ЊЎ STAFF: Athenia Green, Julie Wyatt, Hayley Zagurski, Ron Menguita, Cindy ЊЏ Jackson, Mike Bell, Earl Escobar, Munal Mauladad, Shandrian Jarvis, and ЊА Jennifer DeCurtis. ЊБ ЊВ WORK SESSION ЋЉ 1. Clarification of agenda items listed on the agenda for this meeting, and discussion of issues not briefed in the written backup materials. ЋЊ ЋЋ Chair Strange called the Work Session to order at 5:02 p.m. ЋЌ ЋЍ Commissioner Beck referred to Consent Agenda Item 3D. He stated he has concerns with ЋЎ multifamily development being proposed on the subject site. He stated there are a lot of single- ЋЏ family houses to the north of the property. Munal Mauladad, Deputy Director of Development ЋА Services stated the zoning is already in place for the site, and it meets all of the requirements for ЋБ the platting process. She suggested a Future Agenda Item discussion to address his concerns. ЋВ Commissioner Beck agreed. ЌЉ ЌЊ Commissioner Beck referred to Consent Agenda Item 3E. He stated he thought the development ЌЋ would be on the east side of Stuart Road. Julie Wyatt, Senior Planner, stated the development is ЌЌ on the west side. She stated there have not been any changes for the project from when the ЌЍ preliminary plat was submitted and approved. ЌЎ ЌЏ Commissioner Beck referred to Consent Agenda Item 3F. He questioned where the floodplain area ЌА is located. Wyatt stated there will not be any development within the floodplain area. Earl Escobar, ЌБ Engineering Development Review Manager, stated the entire subdivision does drain into the ЌВ floodplain area through piping. Commissioner Beck acknowledged. ЍЉ ЍЊ Commissioner Taylor arrived. ЍЋ ЍЌ Mike Bell, Senior Planner, provided the backup materials for Public Hearing Item 4E. Bell stated ЍЍ the applicant will be present, however, he will not make a presentation. The proposed zoning Њ district is consistent with the Future Land Use designation. Staff sent out eight (8) public notices Ћ to property owners within 200 feet of the subject site, and five (5) courtesy notices to property Ќ owners within 500 feet of the subject site. Staff did not receive any returned responses. Ѝ Ў Commissioner Beck referred to the Agenda Information Sheet, which states: Cooper Creek that Џ flows through the west side of the property is encumbered by the Federal Emergency Management А Agency (FEMA). Bell stated it is encumbered by both FEMA and Upland Habitat Environmentally Б Sensitive Area. Therefore the applicant would not be able to develop within that area. Bell stated В the applicant is not proposing to develop in that area. There was no further discussion on this item. ЊЉ ЊЊ Chair Strange requested any comments or corrections to the meeting minutes. Commissioner ЊЋ Briggle stated the May 11, 2016 meeting minute corrections provided better clarify her statement. ЊЌ There was no further discussion. ЊЍ 2. Work Session Reports ЊЎ A. Receive a report and hold a discussion regarding the status of key actions outlined in the Denton Plan 2030 Action Plan. ЊЏ ЊА Ron Menguita, Long Range Planning Administrator, provided the backup materials for this ЊБ request. Commissioner Briggle questioned if other neighborhoods have approached the City in ЊВ regards to Small Area Plans. She stated she thought there was discussion for it along Austin Street. ЋЉ Menguita stated some have been drafted, however, they have not been finalized. Commissioner ЋЊ Briggle questioned if the neighborhood has to reach out to City. Menguita stated it works both ЋЋ ways, staff can reach out to the neighborhood or the neighborhood can reach out to the City. ЋЌ ЋЍ Commissioner Briggle stated she would encourage more initiative from staff working on this since ЋЎ some citizens are not familiar with the City process. Menguita stated the Long Range Planning ЋЏ portion of the Planning Division was recently created and will start working on those projects. ЋА ЋБ Commissioner Hudspeth stated there is development on Fry Street that is pending. He questioned ЋВ if the Small Area Plan has been upgraded or changed. Menguita stated the project has been in ЌЉ process for some time. The applicant is going through the review process at this time. He stated ЌЊ staff does not have the authority to stop them in the process, however, they can recommend waiting ЌЋ until the study is complete. There was no further discussion. ЌЌ ЌЍ Chair Strange closed the Work Session at 5:38 p.m. ЌЎ ЌЏ REGULAR MEETING ЌА ЌБ The Planning and Zoning Commission convened in a Regular Meeting on Wednesday, July 13, ЌВ 2016 at 6:30 p.m. in the City Council Chambers at City Hall, 215 E. McKinney at which time the ЍЉ following items were considered: ЍЊ ЍЋ Chair Strange called the Regular Meeting to order at 6:30 p.m. ЍЌ Ћ 1. PLEDGE OF ALLEGIANCE Њ A. U.S. Flag B. Texas Flag Ћ 2. CONSIDER APPROVAL OF THE PLANNING AND ZONING COMMISSION MINUTES FOR: Ќ A. Consider approval of the Planning and Zoning Commission meeting minutes. Ѝ Ў Commissioner Amber Briggle motioned, Commissioner Frank Dudowicz seconded to approve the Џ May 11, 2016 meeting minutes. Motion approved (7-0). Commissioner Devin Taylor "aye", А Commissioner Amber Briggle "aye", Chair Jim Strange "aye", Commissioner Frank Dudowicz Б "aye", Commissioner Larry Beck "aye", Commissioner Gerard Hudspeth "aye", and В Commissioner Andrew Rozell "aye". ЊЉ ЊЊ Commissioner Devin Taylor motioned, Commissioner Andrew Rozell seconded to approve the ЊЋ June 8, 2016 meeting minutes. Motion approved (7-0). Commissioner Devin Taylor "aye", ЊЌ Commissioner Amber Briggle "aye", Chair Jim Strange "aye", Commissioner Frank Dudowicz ЊЍ "aye", Commissioner Larry Beck "aye", Commissioner Gerard Hudspeth "aye", and ЊЎ Commissioner Andrew Rozell "aye". ЊЏ ЊА Commissioner Frank Dudowicz motioned, Commissioner Amber Briggle seconded to approve the ЊБ June 25, 2016 meeting minutes. Motion approved (7-0). Commissioner Devin Taylor "aye", ЊВ Commissioner Amber Briggle "aye", Chair Jim Strange "aye", Commissioner Frank Dudowicz ЋЉ "aye", Commissioner Larry Beck "aye", Commissioner Gerard Hudspeth "aye", and ЋЊ Commissioner Andrew Rozell "aye". ЋЋ 3. CONSENT AGENDA ЋЌ A. Consider a Preliminary Plat of Lot 1, Block 1, of the Symbiosis Addition. The approximately 1.81 acre property is generally located west of Johnson Street, approximately 70 feet south of East Collins Street within the Alexander Hill Survey, Abstract No. 623 (PP15-0034, Symbiosis Addition, Julie Wyatt). ЋЍ B. Consider a Preliminary Plat of Lot 1, Block A of the Eagle Farms Addition. The approximately 1.48 acre site is generally located on the north side of Emery Street, approximately 530 feet west of Ector Street (PP16-0003, Eagle Farms Addition, Julie Wyatt). ЋЎ C. Consider a Final Plat of Lots 1-6, Block A of the Warschun Valley Estates Addition, being an approximately 17.13 acre property generally located at the southwest corner of Green Valley Circle and Warschun Road, within the J. Thomas Survey, Abstact No. 1240, in the Division 1 Extraterritorial Jurisdiction of the City of Denton, Denton County, Texas. (FP16- 0020, Warschun Valley Estates, Mike Bell) ЋЏ Ќ D. Consider a Final Plat of Lot 1, Block 1 of the Symbiosis Addition. The approximately 1.81 acre property is generally located west of Johnson Street, approximately 70 feet south of East Collins Street within the Alexander Hill Survey, Abstract No. 623 (FP16-0006, Symbiosis Addition, Julie Wyatt). Њ E. Consider a Final Plat of the Beaver Creek Addition, Phase 1A. The approximately 7.365 acre subject property is generally located on the northwest corner of North Loop 288 and Stuart Road, within the Thomas Toby Survey, Abstract No. 1288 and the Victor Gailor Survey, Abstract No 452. (FP16-0009, Beaver Creek Addition, Phase 1A, Julie Wyatt) Ћ F. Consider a Final Plat for The Preserve at Pecan Creek, Section H&I. The approximately 71 acre property is generally located on the southeast corner of Lakeview Boulevard and Juniper Drive within the Gideon Walker Survey, Abstract No. 1330. (FP16-0001, The Preserve at Pecan Creek, Section H&I, Julie Wyatt) Ќ G. Consider a Final Plat of the Brentwood Place Addition. The approximately 22.54 acre subject property is generally located on the south side of North Elm Street (US 77) and approximately 1470 feet north of Riney Road, within the J.S. Collard Survey, Abstract Number 297. (FP16-0007, Brentwood Place Addition, Julie Wyatt) Ѝ Ў Commissioner Devin Taylor motioned, Commissioner Frank Dudowicz seconded to approve the Џ Consent Agenda Items. Motion approved (7-0). Commissioner Devin Taylor "aye", Commissioner А Amber Briggle "aye", Chair Jim Strange "aye", Commissioner Frank Dudowicz "aye", Б Commissioner Larry Beck "aye", Commissioner Gerard Hudspeth "aye", and Commissioner В Andrew Rozell "aye". ЊЉ 4. PUBLIC HEARINGS ЊЊ A. Hold a public hearing and consider a Final Replat of Lots 7R and 8R, Block 1, Collins Addition, being a replat of the south ½ of Lot 6, Lot 7 and Lot 8, Block 1 of the Collins Addition. The approximately 0.404 acre property is generally located on the east side of Fulton Street, approximately 520 feet south of West Congress Street, within the E. Pulchaski Survey, Abstract No. 996, in the City of Denton, Denton County, Texas. (FR16-0010, Collins Addition, Cindy Jackson) THIS ITEM WILL BE CONTINUED. ЊЋ ЊЌ Chair Strange opened the Public Hearing. He stated this item will be continued to the July 27, 2016 ЊЍ meeting. ЊЎ ЊЏ Chair Jim Strange motioned, Commissioner Andrew Rozell seconded to continue this item to a ЊА date certain of July 27, 2016. Motion approved (7-0). Commissioner Devin Taylor "aye", ЊБ Commissioner Amber Briggle "aye", Chair Jim Strange "aye", Commissioner Frank Dudowicz ЊВ "aye", Commissioner Larry Beck "aye", Commissioner Gerard Hudspeth "aye", and ЋЉ Commissioner Andrew Rozell "aye". ЋЊ Ѝ B. Hold a public hearing and consider a Final Replat of East Ponder Estates Addition, Lots 1- 12, Block A, being a replat of East Ponder Estates Addition, Lot 28, Block 2. The approximately 13.33 acre property is generally located at the southeast corner of Florence Road and Seaborn Road and within the John McGowan Survey, Abstract Number 798 and T. & P.R.R. Co Survey, Abstract Number 1301. (FR16-0002, East Ponder Estates Addition, Julie Wyatt) Њ Ћ Chair Strange opened the Public Hearing. Julie Wyatt, Senior Planner, provided a brief background Ќ on this request. The applicant did not make a presentation. Commissioner Beck questioned what Ѝ the lots would be used for. Wyatt stated residential development. There was no one to speak on Ў this item. There was no further discussion. Џ А Commissioner Larry Beck motioned, Commissioner Amber Briggle seconded to approve this Б request. Motion approved (7-0). Commissioner Devin Taylor "aye", Commissioner Amber Briggle В "aye", Chair Jim Strange "aye", Commissioner Frank Dudowicz "aye", Commissioner Larry Beck ЊЉ "aye", Commissioner Gerard Hudspeth "aye", and Commissioner Andrew Rozell "aye". ЊЊ C. Hold a public hearing and consider a Final Replat of Robson Ranch Unit 18-2A Addition, Lots R1-R26 & R27X-R29X, Block A, being a replat of Lots 1-A, 1-B, and 1-C, Block A, Robson Ranch Golf Course B, Phase 1. The approximately 36.23 acre property is generally located northwest of Glenbrook Street and Michelle Way and within the M. Scurlock Survey, Abstract Number 1141. (FR15-0028, Robson Ranch Addition, Julie Wyatt) ЊЋ ЊЌ Chair Strange opened the Public Hearing. Julie Wyatt, Senior Planner, provided a brief background ЊЍ for this request. The applicant did not make a presentation. Commissioner Dudowicz questioned ЊЎ if the neighboring golf course is existing. Wyatt confirmed. ЊЏ ЊА Commissioner Briggle questioned the difference between the plat received in the backup materials ЊБ and the plat received during the meeting. Wyatt stated the Title Block had an error that was ЊВ corrected. There was no one else to speak on this item. Chair Strange closed the Public Hearing. ЋЉ ЋЊ Commissioner Gerard Hudspeth motioned, Commissioner Larry Beck seconded to approve this ЋЋ request. Motion approved (7-0). Commissioner Devin Taylor "aye", Commissioner Amber Briggle ЋЌ "aye", Chair Jim Strange "aye", Commissioner Frank Dudowicz "aye", Commissioner Larry Beck ЋЍ "aye", Commissioner Gerard Hudspeth "aye", and Commissioner Andrew Rozell "aye". ЋЎ D. Hold a public hearing and consider a Final Replat of Browne Industrial Park Addition, Lot 1R-A, Block 1, being a replat of Browne Industrial Park, Lot 1R, Block 1. The approximately 23.19 acre property is generally located on Jim Christal Road approximately 1,000 feet east of West Oak Street and within the Eugene Puchalski Survey, Abstract Number 996. (FR16- 0007, 84 Lumber Store Expansion, Hayley Zagurski) ЋЏ ЋА Chair Strange opened the Public Hearing. Hayley Zagurski, Assistant Planner, provided a brief ЋБ background on this request. The applicant did not make a presentation. There was no one to speak ЋВ on this item. There was no further discussion. ЌЉ Ў Њ Commissioner Frank Dudowicz motioned, Commissioner Andrew Rozell seconded to approve Ћ this request. Motion approved (7-0). Commissioner Devin Taylor "aye", Commissioner Amber Ќ Briggle "aye", Chair Jim Strange "aye", Commissioner Frank Dudowicz "aye", Commissioner Ѝ Larry Beck "aye", Commissioner Gerard Hudspeth "aye", and Commissioner Andrew Rozell Ў "aye". Џ E. Hold a public hearing and consider a recommendation to City Council regarding a request to provide an initial zoning district designation of Employment Center Industrial (EC-I) District to 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). (Z16-0008, Geesling Road, Mike Bell) А Б Chair Strange opened the Public Hearing. Mike Bell, Senior Planner, provided the backup В materials for this request. Bell stated the applicant did not wish to make a presentation. Bell stated ЊЉ staff recommends approval of this request. ЊЊ ЊЋ Randall Smith, applicant, 5428 Lake Victoria Court, Flower Mound, Texas. Smith stated a portion ЊЌ of the property was recently annexed into the City. He stated the other portion of the property had ЊЍ already been annexed into the City and zoned to Employment Center Industrial (EC-I). This ЊЎ request is to match the zoning district to the portion of the property that was recently annexed. ЊЏ There was no one else to speak on this request. Chair Strange closed the Public Hearing. ЊА ЊБ Commissioner Rozell questioned the EC-I zoning district abutting the Neighborhood Residential ЊВ -6 zoning district. He questioned if a barrier would be required to separate the two zoning districts. ЋЉ Bell stated it is often that an Employment Center or Industrial Center zoning district abuts a ЋЊ Neighborhood Residential district. Munal Mauladad, Deputy Director of Development Services, ЋЋ stated buffer requirements vary based on the use of the properties. She stated the existing a right- ЋЌ of-way also services a physical separation between the two districts. There was no further ЋЍ discussion. ЋЎ ЋЏ Commissioner Frank Dudowicz motioned, Commissioner Larry Beck seconded to approve this ЋА request. Motion approved (7-0). Commissioner Devin Taylor "aye", Commissioner Amber Briggle ЋБ "aye", Chair Jim Strange "aye", Commissioner Frank Dudowicz "aye", Commissioner Larry Beck ЋВ "aye", Commissioner Gerard Hudspeth "aye", and Commissioner Andrew Rozell "aye". ЌЉ 5. PLANNING & ZONING COMMISSION PROJECT MATRIX ЌЊ A. Planning and Zoning Commission project matrix. ЌЋ ЌЌ There was no further discussion. Chair Strange adjourned the Regular Meeting at 6:48 p.m. ЌЍ Џ City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 16-1013,Version:1 Agenda Information Sheet DEPARTMENT:Denton Municipal Electric CM/ ACM:Howard Martin Date:August 16, 2016 SUBJECT Holdapublichearingandconsiderapprovalofaresolutionregardingtheproposedrouteforconstruction, expansion,anduseoftheelectricpowertransmissionlinelocatedinanareaboundedbyFortWorthDriveand ElmSt.(westernboundary),RobertsonStreet(northernboundary),theDART/D.C.T.Arailcorridor(eastern boundary),InmanSt.withaneasterlyprojectiontoSpencerRd.(southernboundary)andbeinglocatedwithin theW.LovingSurvey,AbstractNo.759;theH.SiscoSurvey,AbstractNo.1184;theS.HiramSurvey, AbstractNo.616;theW.TeagueSurvey,AbstractNo.1266;theM.AustinSurvey,AbstractNo.4;theJ.Taft Survey,AbstractNo.1256;theR.Hopkins,AbstractNo.1694;andtheA.HillSurvey,Abstract623,lying withintheCityofDenton,DentonCounty,Texas;aspartofDentonMunicipalElectric’sserviceterritory. (Spencer to Locust Transmission Line) BACKGROUND TheDentonMunicipalElectric(DME)CapitalImprovementPlanincludesaprojecttoreconstructitselectric transmissionsystem.Itscurrentcapacityisinadequateforexpectedfutureload.Theneedforatransmission lineinthevicinityoftheabovedescribedarea(EX1)intheCityofDenton,Texas,hasbeenidentifiedand shared with closely impacted landowner representatives. DMEhashadonopenhouseandmeetingstodiscussthesitingoftheproposedtransmissionrouteswiththe landowner representatives of the potential routes and has received feedback from them. OPTIONS 1.Approve the option presented. 2.Do not approve the route option and direct that other actions be taken. 3.Table the discussion. 4.Postpone action for another meeting. RECOMMENDATION In light of the information received during open house meetings and discussions with land owners, and preliminary route studies, DME recommends that the Green Route Option (Exhibit 1) be selected in accordance th with the Public Utilities Board Public Hearing determination on July 25. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Options were presented in closed session to PUB on May 9, 2016 and also July 11, 2016 and to City Council on City of DentonPage 1 of 2Printed on 8/12/2016 powered by Legistar© File #:ID 16-1013,Version:1 June 7, 2016. An open house meeting for the public was held on June 27, 2016. The Public Utility Board held a Public Hearing on July 25, 2016 and recommended moving forward to the City Council with the Green Route Option. 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: Public Infrastructure Related Goal: 2.3 Promote superior utility services and facilities EXHIBITS 1.Spencer to Locust TM Line Options Map 2.DME Transmission Line Locations 3.Project Information Sheet 4.Public Hearing Notification Mailing List 5.Resolution Respectfully submitted: Phil Williams General Manager Denton Municipal Electric Prepared by: Elizabeth Bell Denton Municipal Electric City of DentonPage 2 of 2Printed on 8/12/2016 powered by Legistar© ! ! ! ! ! ! ( ! R EE SD T TS YEHSUB TS TISOPXE TS NOI LLIH TS (! !( !( !( !( !( (!( ! M XODDA TS RC SO T S BMI RE TS TS LAIRTSUDNI J SNHO!! TS NO!!SAM ! 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WAYNE STINGWARE LTD P/S HOLINESS MISSION CHURCH COMPTON, RICHARD R COMPTON, RICHARD R ANDERSON, WILLIAM A RILEY PROPERTY INVESTMENTS LLC RILEY, J MIKE JESTER, TOM JR & HAYWOOD, PAUL TREECE, LARRY J TXAFFORD LLC TXAFFORD LLC COMPTON, RICHARD R AMINI, SETOUDEH HAFIZ AMINI, KUROSH H BEATY, TIM O & C FREEMAN FAMILY LTD O & C FREEMAN FAMILY LTD MCDONALD, ALFRED JOHN BEATY, TIM RILEY PROPERTY INVESTMENTS LLC CALVERT, JOHN A & CALVERT, ELIZABETH D & MOSES, MARY CALVERT, JOHN A & CALVERT, ELIZABETH D & MOSES, MARY MCDONALD, ALFRED JOHN NELSON, ROBERT E & KARYN G SOUTHWEST RBD INC HESSE INDUSTRIAL SALES INC DALLAS AREA RAPID TRANSIT DALLAS AREA RAPID TRANSIT DENTON, CITY OF DENTON ISD GARRETT, TOMMIE JO City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:Z16-0003c,Version:1 AGENDA INFORMATION SHEET DEPARTMENT:Department of Development Services ACM:Jon Fortune DATE:August 16, 2016 SUBJECT ContinueapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,regardinga rezoningrequestfromNeighborhoodResidential3District(NR-3)toNeighborhoodResidential6District(NR -6)onapproximately0.6acres,locatedonthenortheastcornerofNorthBellAvenueandEastWindsorDrive; andprovidingforapenaltyinthemaximumamountof$2,000.00forviolationsthereof;providinga severabilityclauseandaneffectivedate.ThePlanningandZoningCommissionrecommendsapproval(4-2). (Z16-0003).This item was continued from the August 2, 2016 City Council meeting. 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 City of DentonPage 1 of 3Printed on 8/12/2016 powered by Legistar© File #:Z16-0003c,Version:1 complementarywiththenearbypropertiesandzoning,anditcouldpotentiallyaltertheexistingthelanduse 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-6Districtwouldnotbecomplementary to 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 6.Permitted Uses in Neighborhood Residential 6 7.Public Notification Map and Responses 8.Planning and Zoning Commission Meeting Minutes 9.Draft Ordinance Respectfully submitted: City of DentonPage 2 of 3Printed on 8/12/2016 powered by Legistar© File #:Z16-0003c,Version:1 Aimee Bissett Director of Development Services Prepared by: Julie Wyatt Senior Planner City of DentonPage 3 of 3Printed on 8/12/2016 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. Wyatt, Julie A. Kim Baumgard <kimbaumgard@yahoo.com> From: Tuesday, June 07, 2016 10:53 AM Sent: Wyatt, Julie A. To: N Bell Ave Subject: Julie Wyatt, I would like my concern for the value of our property to be taken into consideration when making the vote for rezoning on N Bell Ave. My husband and I would like the zone to stay as it is and see single family dwellings being built. Thank you for hearing our concerns. Kim Baumgard 3112 N Bell Ave. Denton, Texas 76207 740-236-8618 kimbaumgard@yahoo.com 1 Wyatt, Julie A. Juana Puga <juanita.puga54@gmail.com> From: Tuesday, June 07, 2016 5:18 PM Sent: Wyatt, Julie A. To: Good afternoon I am Jose Puga. Sorry I couldn't make it to the meeting. I live in 3105 n bell ave, I live in front of where they are thinking of building the duplexes. I don't like the idea of building the duplexes in the neighborhood because there would be a lot of people moving in, moving out. If there are people moving in and moving out frequently, you wouldn't really feel that it's very safe for your family and the neighborhood. 1 Wyatt, Julie A. Emily McClendon <mle_mcclendon@yahoo.com> From: Monday, June 06, 2016 3:59 PM Sent: Wyatt, Julie A. To: inquiry about Bell Ave Duplex Subject: Hi Julie, We met at the Planning and Zoning meeting about a month ago regarding the rezoning request for the 2 lots on the corner of N Bell Ave & Windsor. It's looking like we are going to be out of town last minute tomorrow and may not be able to make it to the city council meeting. Is an email sufficient for us to express our concerns regarding the project? And do we email those to you? Our neighbors are wondering as well. Thanks so much for your time. Emily McClendon 3108 N Bell Ave (we're directly next door to the lots in question) 1 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. would provide much of a traffic impact in the area. Julie Wyatt, Associate Planner, provided the staff summary for this request. She stated staff finds that the proposed Downtown Residential-2 zoning district conforms to the Future Land Use designation of Neighborhood/University Compatibility Area and is consistent with the surrounding land use pattern. Staff recommends approval 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 16-1065,Version:1 Agenda Information Sheet DEPARTMENT:Development Services/Building Inspections CM/ ACM:Jon Fortune Date:August 16, 2016 SUBJECT Hold a public hearing to receive input from the public on the proposed adoption of the 2015 International Energy Conservation Code with proposed amendments. BACKGROUND Section214.217oftheTexasLocalGovernmentCodeprovidesthatpriortoconsideringanordinanceadopting a“modelcode”,amunicipalitymustpostanoticeonitswebsiteaminimumof21daysinadvanceofthe proposedadoptioninordertoprovideopportunityforpublicinput.Thissectionalsoprovidesthatifthe municipalityreceivesaminimumof5requestsforapublichearing,ahearingmustbeheldbeforetheCity Council. This hearing must occur a minimum of 14 days prior to the adoption of the ordinance. Inkeepingwiththeaforementionedrequirements,anoticewaspostedontheCity’swebsiteonJuly12,2016to seekinputfromthepublicontheproposedadoptionofthe2015InternationalEnergyConservationCode.Asof August1,2016,theBuildingOfficialhasreceivednine(9)requestsforapublichearingfromcitizensofthe CityofDentonaswellasinputfromtwo(2)traderepresentativesandone(1)volunteer.Asaresult,thisitem has been placed on this agenda for a public hearing. CURRENT ADOPTION The2015InternationalEnergyConservationCode(IECC)waspublishedbytheInternationalCodeCouncil (ICC)inthefirstquarterof2015.Uponpublication,theEnergyCodeBoardoftheNorthCentralTexas CouncilofGovernments(COG)reviewedtheCodeandrecommendedseveralsignificantamendments.The COGamendmentswerethenreviewedbytheEnergySystemsLaboratoryatTexasA&Manddeemedtobe equivalent to the 2009 IECC which is the version of the IECC that is currently enforced in the State of Texas. InMayof2015,theTexasLegislaturepassedHouseBill1736establishingChapter11ofthe2015 InternationalResidentialCodeastheenergycodeforresidentialconstructionwithinthestatewithaneffective dateofSeptember1,2016.ItalsogavetheStateEnergyConservationOffice(SECO)theauthoritytoadoptthe latesteditionoftheIECCforallotherconstruction.SECOusedthisauthorityandadoptedthe2015IECCas theenergycodefortheStateofTexasforcommercialstructureswithaneffectivedateofNovember1,2016. SECOpublishedthisnoticeintheJanuary1,2016editionoftheTexasregister.Inlightofthisnotice,the EnergySystemsLaboratory(ESL)againreviewedtheproposedCOGamendmentsandfoundthat3sectionsof City of DentonPage 1 of 3Printed on 8/12/2016 powered by Legistar© File #:ID 16-1065,Version:1 theamendmentsdealingwiththeairleakageallowancesandinsulationvaluesinexteriorwallswerenot equivalenttothe2015IECCandIRCandadvisedallCOGmembersofthisdetermination.Theamendments werethenpublishedtothemunicipalitieswithinthis16-countyNorthCentralTexasregionforconsiderationof adoption with notations that these 3 sections would no longer be valid once the 2015 Code became effective. TheCityofDentonBuildingInspectionsDivisionbeganreviewingtheCOGamendmentsinthefirstquarterof 2016anticipatingadoptingthecodebySeptember1,2016.The3sectionsnotedbyESLasnon-compliantwere removedfromtheamendmentsatthattime.OnJune29,2016,theamended2015InternationalEnergy ConservationCodewaspresentedtoareaprofessionalsincludingbuilders,contractors,plumbers,mechanical contractors,architects,andengineers.Thepresentationhighlightedthemostsignificantchangesfromthe2012 codetothe2015versionofthecodewhichwerewellreceivedbytheattendants.Atthattime,thosepresent recommended the adoption of the 2015 IECC as written with no minimum above code requirements. InAprilandJuneofthisyear,CityofDentonBuildingInspectionsDivisionhosted8halfday2015Energy CodeworkshopssponsoredbytheStateEnergyConservationOffice(SECO)andpresentedbyAppleEnergy. Theseworkshopsweredesignedtoprovideinformationtocontractors,builders,architects,engineersandcode officialstohelpthempreparefortheupcomingchangestothecode.Morethan200peopleattendedthese training classes. OnJuly21,2016theproposedordinanceadoptingthe2015InternationalEnergyConservationCodewas presentedtotheHealthandBuildingStandardsCommission(HaBSCo).TheCommission,witha7-0vote, recommended adoption of the code as amended with no above code requirement to the City Council OnJuly25,2016theproposedordinanceadoptingthe2015InternationalEnergyConservationCodewas presentedtotheCouncilCommitteeontheEnvironment(COE)foraformalrecommendationtocouncil.The Committee,witha3-0vote,recommendedadoptionofthecodeasamendedwithnoabovecoderequirementto the City Council. OnJuly26,2016theproposedordinanceadoptingthe2015InternationalEnergyConservationCodewas presentedtotheCityCouncilforarecommendationandcouncilvoted6-0torecommendadoptionofthecode as amended with no above code requirement. FISCAL IMPACT Staff does not anticipate any fiscal impact as a result of adopting this code. OPTIONS (No action required) 1.Direct staff to proceed with formal adoption of the 2015 Energy Code as proposed. 2.Request more information about the 2015 Energy Code. RECOMMENDATION StaffrecommendsthattheCityCounciladoptthe2015InternationalEnergyConservationCodealongwith staff recommended amendments. City of DentonPage 2 of 3Printed on 8/12/2016 powered by Legistar© File #:ID 16-1065,Version:1 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:3.1 Develop targeted policies and incentives to achieve desired economic growth EXHIBITS 1.Proposed 2015 Energy Code Adoption Ordinance 2.Council Power Point Presentation 2015 IECC 3.Citizen Requests for Public Hearing 4.Requests from Trade Groups 5.2015 IECC Appendix RB Respectfully submitted: Aimee Bissett Development Services Director Prepared by: Rodney Patterson Building Official City of DentonPage 3 of 3Printed on 8/12/2016 powered by Legistar© ORDINANCE NO. ____________________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 28, SPECIFICALLY SECTIONS 28-253 AND 28-254, OF THE CODE OF ORDINANCES TO PROVIDE FOR THE ADOPTION OF THE 2012 INTERNATIONAL ENERGY CONSERVATION CODE, AS PUBLISHED BY THE INTERNATIONAL CODE COUNCIL; PROVIDING FOR AMENDMENTS THERETO; PROVIDING A PENALTY FOR VIOLATION OF A FINE NOT TO EXCEED $2,000.00; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON TEXAS HEREBY ORDAINS: SECTION 1. Chapter 28, Section 28-253 of the Code or Ordinances of the City of Denton is hereby amended in its entirety to read as follows: Sec. 28-253. Adoption of the energy conservation code. The International Energy Conservation Code, 2015 edition as published by the International Code Council is hereby adopted and designated as the energy conservation code for the city subject to the deletions and amendments enumerated in section 28-254. A copy of this code shall be maintained in the Office of the City Secretary and be available for public inspection. SECTION 2. (1) Section C102/R102; add Section C102.1.2 and R102.1.2 to read as follows: C102.1.2 Alternative compliance. A building certified by a national, state, or local accredited energy efficiency program and determined by the Energy Systems Laboratory to be in compliance with the energy efficiency requirements of this section may, at the option of the Code Official, be considered in compliance. The United States Environmental Protection Agency's Energy Star Program certification of energy code equivalency shall be considered in compliance. R102.1.2 Alternative compliance. A building certified by a national, state, or local accredited energy efficiency program and determined by the Energy Systems Laboratory to be in compliance with the energy efficiency requirements of this section may, at the option of the Code Official, be considered in compliance. The United States Environmental Protection Agency's Energy Star Program certification of energy code equivalency shall be considered in compliance. Regardless of the program or the path to compliance, each 1- and 2-family dwelling shall be tested for air and duct leakage as prescribed in Section R402.4 and R403.3.3 respectively. (2) Section C202 and R202; add the following definition: Projection Factor. The ratio of the horizontal depth of the overhang, eave or permanently attached shading device, divided by the distance measured vertically from the bottom of the fenestration glazing to the underside of the overhang, eave or permanently attached shading device. (3) Section R202; add the following definition: DYNAMIC GLAZING. Any fenestration product that has the fully reversible ability to change it performance properties, including U-factor, solar heat gain coefficient (SHGC), or visible transmittance (VT). (4) Section R402.3.2 Glazed fenestration SHGC; amend by adding a paragraph and table following the exception to read as follows: Where vertical fenestration is shaded by an overhang, eave, or permanently attached shading device, the SHGC required in Table R402.1.2 shall be reduced by using the multipliers in Table R402.3.2 SHGC Multipliers for Permanent Projections. a Table R402.3.2 SHGC Multipliers for Permanent Projections Projection SHGC Multiplier SHGC Multiplier Factor (all Other Orientation) (North Oriented) 0 - 0.10 1.00 1.00 >0.10 0.20 0.91 0.95 >0.20 0.30 0.82 0.91 >0.30 0.40 0.74 0.87 >0.40 0.50 0.67 0.84 >0.50 0.60 0.61 0.81 >0.60 0.70 0.56 0.78 >0.70 0.80 0.51 0.76 >0.80 0.90 0.47 0.75 >0.90 1.00 0.44 0.73 a North oriented means within 45 degrees of true north. (5) R402.4.1.2 Testing; Add a last paragraph to read as follows: Mandatory testing shall only be performed by individuals that are certified to perform air infiltration testing certified by national or state organizations as approved by the building official. The certified individuals must be an independent third-party entity, and may not be employed; or have any financial interest in the company that constructs the structure. (6) R403.3.3 Duct Testing (Mandatory);Add a last paragraph to read as follows: Mandatory testing shall only be performed by individuals that are certified to perform duct testing leakage testing certified by national or state organizations as approved by the building official. The certified individuals must be an independent third-party entity, and may not be employed; or have any financial interest in the company that constructs the structure. (7) Section C402.2.7/R402.2; Add Section C402.2.9 and R402.2.14 to read as follows: Section C402.2.7/R402.2.14 Insulation installed in walls. To insure that insulation remains in place, insulation installed in walls shall be totally enclosed on all sides consisting of framing lumber, gypsum, sheathing, wood structural panel sheathing, or other equivalent material approved by the building official. (8) Section R405.4.2.1 add the following: 5. Name, phone number, and certification number of the individual completing the compliance report. The preparer of the compliance report shall possess one of the following certifications: ICC (International Code Council) Commercial Energy Plans Examiner, ICC (International Code Council) Residential Energy Inspector/Plans Examiner, HERS (Home Energy Rating) rater, or may be a Texas Registered Architect or Texas Licensed Professional Engineer. (9) Section R405.4.2.2 add the following: 4. f Denton Energy Compliance form. (10) Section R405.6.2; add the following sentence to the end of paragraph: Acceptable performance software simulation tools may include, but are not limited to, TM REM Rate, Energy Gauge and IC3. Other performance software programs accredited by RESNET BESTEST and having the ability to provide a report as outlined in R405.4.2 may also be deemed acceptable performance simulation programs and may be considered by the building official. (11) TABLE R406.4 MAXIMUM ENERGY RATING INDEX; amend to read as follows: 1 TABLE R406.4 MAXIMUM ENERGY RATING INDEX CLIMATE ZONE ENERGY RATING INDEX 3 65 1 This table is effective until August 31, 2019. 2 TABLE R406.4 MAXIMUM ENERGY RATING INDEX CLIMATE ZONE ENERGY RATING INDEX 3 63 2 The table is effective from September 1, 2019 to August 31, 2022. 3 TABLE R406.4 MAXIMUM ENERGY RATING INDEX CLIMATE ZONE ENERGY RATING INDEX 3 59 3 This table is effective on or after September 1, 2022. (12) C407.4.2 Additional Documentation; add the following: 6. Compliance reports, all additional documentation, and a final compliance and commissioning verification report shall be prepared by a qualified third party energy verifier. The third party energy verifier shall include his name, phone number, and certification number on each document provided to the City. The third party verifier shall be certified with one of the following certifications: ICC (International Code Council) Commercial Energy Plans Examiner, ICC (International Code Council) Commercial Energy Inspector, HERS (Home Energy Rating) rater, or may be a Texas Registered Architect or Texas Licensed Professional Engineer. SECTION 3. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect any other provision or application, and to this end the provisions of this ordinance are severable. SECTION 4. That all provisions of the ordinances of the City of Denton in conflict with the provision of this ordinance are hereby repealed, and all other provisions of the ordinances of the City or Denton, not in conflict with the provision of this ordinance, shall remain in full force and effect. SECTION 5. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not to exceed two thousand dollars ($2,000.00). Each day that a provision of this Ordinance is violated shall constitute a separate and distinct offence. SECTION 6. That this ordinance shall become effective September 1, 2016 and the City secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. 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:______________________________ Iź wƚķƓĻǤͲ L ğƒ ğƭƉźƓŭ ŅƚƩ ğ ƦǒĬƌźĭ ŷĻğƩźƓŭ ƚƓ ƷŷĻ ƦƩƚƦƚƭĻķ ğķƚƦƷźƚƓ ƚŅ ƷŷĻ ЋЉЊЎ L9// ğƓķ ğƓǤ ƌƚĭğƌ ğƒĻƓķƒĻƓƷƭ͵ IƚƦĻ Ǥƚǒ ğƓķ ǤƚǒƩ ŅğƒźƌǤ ğƩĻ ķƚźƓŭ ǞĻƌƌ͵ ŷğƓƉ ǤƚǒͲ YĻƓ Dƚƌķ ЋЎЊЋ bğƷĭŷĻǩ ƩğĭĻ 5ĻƓƷƚƓͲ АЏЋЊЉ L ğƒ ǞƩźƷźƓŭ Ʒƚ ƩĻƨǒĻƭƷ ğ ƦǒĬƌźĭ ŷĻğƩźƓŭ ƚŅ ƷŷĻ ЋЉЊЎ 9ƓĻƩŭǤ /ƚƓƭĻƩǝğƷźƚƓ /ƚķĻ͵ ŷğƓƉ Ǥƚǒ͵ {źƓĭĻƩĻƌǤͲ tğƒĻƌğ aźğ tğǒƌ ЌЎ IźŭŷǝźĻǞ /źƩĭƌĻ 5ĻƓƷƚƓͲАЏЋЉЎ 5ĻğƩ aƩ͵ tğƷƷĻƩƭƚƓ ΏΏ ŷźƭ Ļƒğźƌ źƭ ƒǤ ƩĻƨǒĻƭƷ ƷŷğƷ ğ ƦǒĬƌźĭ ŷĻğƩźƓŭ ĬĻ ŷĻƌķ ƩĻŭğƩķźƓŭ ƷŷĻ ЋЉЊЎ LƓƷĻƩƓğƷźƚƓğƌ 9ƓĻƩŭǤ /ƚƓƭĻƩǝğƷźƚƓ /ƚķĻ͵ ŷĻƩĻ ğƩĻ ğƭƦĻĭƷƭ ƚŅ ƷŷĻ ĭƚķĻ ƷŷğƷ ƓĻĻķ Ʒƚ ĬĻ ķĻğƌƷ ǞźƷŷ źƓ ƷŷĻ ŅƚƩǒƒ ƚŅ ğ ƦǒĬƌźĭ ŷĻğƩźƓŭ͵ ŷğƓƉ Ǥƚǒ͵ ΏΏ aźĭŷğĻƌ I͵ IĻƓƓĻƓ АЋЍ ŷƚƒğƭ {ƷƩĻĻƷ 5ĻƓƷƚƓͲ АЏЋЉЊ ВЍЉΏБВЊΏЏЉЏЋ Dear Mr. Patterson, I am writing to request a public hearing on the city's adoption of the 2015 International Energy Conservation Code. Denton can and should adapt the code so as to meet a standard beyond the minimum requirements. I believe that Denton can find unique and suitable ways to make cooling, heating, and lighting more energy efficient, as well as equally (or possibly more) affordable for both builders and home & business owners/renters than current methods of construction, while lessening its carbon footprint in new residential and commercial construction. Perhaps Denton's adoption of the code can also provide incentives and/or requirements when retrofitting old construction. Thank you and best wishes, Jennifer Lane 1526 Willowwood Street Denton, Texas 76205 L Ǟƚǒƌķ ƌźƉĻ Ʒƚ ƩĻƨǒĻƭƷ ğ ƦǒĬƌźĭ ŷĻğƩźƓŭ ƚƓ ƷŷĻ ĭźƷǤγƭ ğķƚƦƷźƚƓ ƚŅ ƷŷĻ ЋЉЊЎ LƓƷĻƩƓğƷźƚƓğƌ 9ƓĻƩŭǤ /ƚƓƭĻƩǝğƷźƚƓ /ƚķĻ ğƷ ƷŷĻ ƓĻǣƷ ƚƦƦƚƩƷǒƓźƷǤ͵ ŷźƭ źƭ ĭƌĻğƩƌǤ ğ ƷƚƦźĭ ƷŷğƷ ƒğƓǤ ƚŅ ǒƭ Ǟƚǒƌķ ƌźƉĻ Ʒƚ ķźƭĭǒƭƭ ǞźƷŷ ƚǒƩ ĭƚǒƓĭźƌ ƒĻƒĬĻƩƭ ğĬƚǒƷ ƦĻƩŷğƦƭ ğķķźƓŭ ƓĻǞ ƒźƓźƒǒƒ ƩĻƨǒźƩĻƒĻƓƷƭ Ʒƚ Ʒŷźƭ ĻƓĻƩŭǤ ĭƚķĻ źƓ ğƓ ĻŅŅƚƩƷ Ʒƚ ƌƚǞĻƩ ƚǒƩ ĭğƩĬƚƓ ŅƚƚƷ ƦƩźƓƷ͵ hŅ ƦğƩƷźĭǒƌğƩ źƓƷĻƩĻƭƷ Ʒƚ ƒĻ źƭ ŭĻƷƷźƓŭ ƷŷĻ ĭźƷǤ Ʒƚ ƩĻğĭŷ ƚǒƷ Ʒƚ ŷƚƒĻ ĬǒźƌķĻƩƭ źƓ Ʒŷźƭ ğƩĻğ Ʒƚ źƓźƷźğƷĻ ķźƭĭǒƭƭźƚƓƭ ğĬƚǒƷ ƭƚƌğƩΏƩĻğķǤ ŷƚƒĻƭ͵ {źƓĭĻƩĻƌǤͲ \[ğƩƩǤ .ĻĭƉ ВЊЎ 9͵ {ŷĻƩƒğƓ 5Ʃ͵ 5ĻƓƷƚƓͲ ǣ͵ АЏЋЉВ L ğƒ ƩĻƭƦĻĭƷŅǒƌƌǤ ƩĻƨǒĻƭƷźƓŭ ğ ƦǒĬƌźĭ ŷĻğƩźƓŭ ƚƓ ƷŷĻ ĭźƷǤγƭ ƦƩƚƦƚƭĻķ ğķƚƦƷźƚƓ ƚŅ ƷŷĻ ЋЉЊЎ LƓƷĻƩƓğƷźƚƓğƌ 9ƓĻƩŭǤ /ƚƓƭĻƩǝğƷźƚƓ /ƚķĻ͵ ŷğƓƉ Ǥƚǒ ŅƚƩ ƒğƉźƓŭ 5ĻƓƷƚƓ ğ ĬĻƷƷĻƩ ƦƌğĭĻͧͧ 9ƌźķğ ğƒĻǩ Dear Rodney, Thank you for your presentation at today's work session on the city's adoption of the 2015 International Energy Conservation Code. I am writing to request a public hearing on this topic so that citizens can propose ways in which the city of Denton can feasibly and affordably augment this policy to help Denton lower its carbon footprint and encourage greener and more affordable options in residential and commercial construction beyond the minimum requirements of the 2015 Energy Conservation Code. I see this as a great opportunity to make cooling, heating, and lighting more energy efficient, equally or, ideally, more affordable for both builders and home & business owners/renters, and with a smaller carbon footprint in new residential and commercial construction --possibly even providing incentives (if not requirements) for retrofitting old construction. Thanks for your consideration, and best regards, Deborah Armintor 2003 Mistywood Lane Denton, Texas 76209 5ĻğƩ aƩ͵ tğƷƷĻƩƭƚƓͲ aǤ ǞźŅĻ ğƓķ LͲ ğĭƷźƓŭ ğƭ ƷǞƚ ƩĻƭźķĻƓƷƭ ƚŅ 5ĻƓƷƚƓͲ ƩĻƭƦĻĭƷŅǒƌƌǤ ƩĻƨǒĻƭƷ ƷŷğƷ ğ ƦǒĬƌźĭ ŷĻğƩźƓŭ ĬĻ ŷĻƌķ Ʒƚ ŷğƓƉ Ǥƚǒ͵ {źƓĭĻƩĻƌǤͲ 9ķ ğƓķ /ğƩƚƌ {ƚƦŷ ЊЏЋЉ źĭƷƚƩźğ 5ƩźǝĻ 5ĻƓƷƚƓͲ АЏЋЉВ ВЍЉ͵ЌБЌ͵ЍЏВЌ Dear Mr. Patterson, My name is Ryan Baggett. I am the membership coordinator of the North Texas Renewable Energy Group and the Principal of GeOpera Development Corporation, a for-profit land developer and home builder. Currently, Denton is under consideration for a 450 home community on a 500-acre tract in the vicinity of the municipal airport. GeOpera is leading the way in home materials science applied to energy efficiency. There simply is no home on the market capable of doing what our homes do: pay the owner of the home just for living in them. I would like you to consider including solar-ready design features for new homes built in your community. Solar PV (photovoltaic) technology has dropped dramatically in price in recent years, causing people to consider powering their homes with clean, renewable solar energy. This has a number of benefits not the least of which will be the creation of jobs in Denton County both to build solar panels, but to install them as an integrated feature of all GeOpera Homes. More and more home owners are excited about the capability to generate local clean energy for their new home, thus reducing their annual operating costs while also providing for a cleaner future. More information is available at Sunshot Spotlight: Solar and Real Estate The Texas Solar Energy Society is reaching out to builders and local community jurisdictions to increase awareness for Appendix U of the2015 International Residential Codes (this is also referenced as Appendix RB in the 2015 IECC). With a definition and description now available in the building codes, we are encouraging local jurisdictions to adopt the appendix for new construction, or at least offer incentives in the form of permit discounts for builders to design and build solar-ready homes. As you consider adoption of the 2015 IECC, we urge you to consider adoption, or at least the alternative to adoption, to offer permit incentives for the solar-ready provision as defined in Appendix RB. One example of a local jurisdiction offering incentives is available here - energytrust.org/trade-ally/programs/solar/incentives/solar-ready Many Thanks, Ryan Baggett Membership Director North Texas Renewable Energy Group www.NTREG.org b ORTH EXAS w ENEWABLE 9 NERGY D ROUP A 501c3 Non-Profit, CL5ϔАЍΏЊВЏЋАЉЍ To: Rodney Patterson Ref: Denton's proposed adoption of the 2015 International Energy Conservation Code Consider including solar-ready design features for new homes built in your community! Solar PV (photovoltaic) technology has come down the cost curve! More and more home owners are excited about the capability to generate local clean energy for their new home, thus reducing their annual operating costs while also providing for a cleaner future. See the Sunshot Spotlight: Solar and Real Estate The Texas Solar Energy Society is reaching out to builders and local community jurisdictions to increase awareness for Appendix U of the2015 International Residential Codes (this is also referenced as Appendix RB in the 2015 IECC). With a definition and description now available in the building codes, we are encouraging local jurisdictions to adopt the appendix for new construction, or at least offer incentives in the form of permit discounts for builders to design and build solar-ready homes. As you consider adoption of the 2015 IECC, we urge you to consider adoption, or at least an alternative to adoption, to offer permit incentives for the solar-ready provision as defined in Appendix RB. One example of a local jurisdiction offering incentives is available here - energytrust.org/trade- ally/programs/solar/incentives/solar-ready I would appreciate the opportunity to discuss this with you in more detail. Please let me know when would be a good day and time for a call. Best Regards & Shine On! Larry Howe Plano, Texas Texas Solar Energy Society (www.txses.org) Board Member Hello Mr. Patterson, I would like to add some details to help explain my earlier question. 1) Ref. for IRC Solar Ready provisions: http://codes.iccsafe.org/app/book/content/2015-I-Codes/2015%20IRC%20HTML/Appendix%20U.html 2) My reading so far of the exhibits from the 7/26 City Council work session is that "solar ready" is outside the scope of Denton's IECC proposal, but someone posted on social media that the Sierra Club has submitted a request to add to Denton's implementation of this plan to - myself & others. Thanks again, James Orenstein 1802 Rocky Creek Dr. Duncanville, TX 75137 jorenstein@solarsynergyllc.com 469-867-7402 -------- Original Message -------- Subject: IECC & IRC Solar Ready provisions Appendix U From: "jorenstein@solarsynergyllc.com" <jorenstein@solarsynergyllc.com> Date: Thu, July 28, 2016 5:09 pm To: rodney.patterson@cityofdenton.com Hello Mr. Patterson, I am writing to ask if the International Residential Code Appendix U Solar Ready provisions are relevant to the current 2015 IECC proposal, & if not if you can say when or if they might be considered? I am not a Denton resident but am doing volunteer work promoting renewable energy in the DFW area. Thanks, James Orenstein 1802 Rocky Creek Dr. Duncanville, TX 75137 jorenstein@solarsynergyllc.com APPENDIX RB SOLAR-READY PROVISIONSDETACHED ONE- AND TWO- FAMILY DWELLINGS, MULTIPLE SINGLE-FAMILY DWELLINGS (TOWNHOUSES) SECTION RB101 SCOPE RB101.1 General. These provisions shall be applicable for new construction where solar-ready provisions are required. SECTION RB102 GENERAL DEFINITION SOLAR-READY ZONE. A section or sections of the roof or building overhang designated and reserved for the future installation of a solar photovoltaic or solar thermal system. SECTION RB103 SOLAR-READY ZONE RB103.1 General. New detached one- and two-family dwellings, and multiple single-family dwellings (townhouses) with not less than 600 square feet (55.74 m2) of roof area oriented between 110 degrees and 270 degrees of true north shall comply with Sections RB103.2 through RB103.8. Exceptions: 1. New residential buildings with a permanently installed on-site renewable energy system. 2. A building with a solar-ready zone that is shaded for more than 70 percent of daylight hours annually. RB103.2 Construction document requirements for solar-ready zone. Construction documents shall indicate the solar-ready zone. RB103.3 Solar-ready zone area. The total solar-ready zone area shall be not less than 300 square feet (27.87 m ) exclusive of mandatory access or set back areas as required by the International Fire Code. New multiple single-family dwellings (townhouses) three stories or less in height above grade plane and with a total floor area less than or equal to 2,000 square feet (185.8 m2) per dwelling shall have a solar-ready zone area of not less than 150 square feet (13.94 m2). The solar-ready zone shall be composed of areas not less than 5 feet (1524 mm) in width and not less than 80 square feet (7.44m2) exclusive of access or set back areas as required by the International Fire Code. RB103.4 Obstructions. Solar-ready zones shall be free from obstructions, including but not limited to vents, chimneys, and roof-mounted equipment. RB103.5 Roof load documentation. The structural design loads for roof dead load and roof live load shall be clearly indicated on the construction documents. RB103.6 Interconnection pathway. Construction documents shall indicate pathways for routing of conduit or plumbing from the solar-ready zone to the electrical service panel or service hot water system. RB103.7 Electrical service reserved space. The main electrical service panel shall have a reserved space to allow installation of a dual pole circuit breaker for future solar electric installation space shall be positioned at the opposite (load) end from the input feeder location or main circuit location. RB103.8 Construction documentation certificate. A permanent certificate, indicating the solar-ready zone and other requirements of this section, shall be posted near the electrical distribution panel, water heater or other conspicuous location by the builder or registered design professional.